HB 0435 2003
1	A bill to be entitled
2	An act relating to coastal redevelopment hazard
3	mitigation; providing a popular name; amending s.
4	163.3164, F.S.; defining the term "local hazard mitigation
5	strategy"; amending s. 163.3177, F.S.; providing an
6	additional requirement in the comprehensive plan
7	concerning hazard mitigation; amending s. 163.3178, F.S.;
8	revising language with respect to coastal management;
9	authorizing a demonstration project in certain counties to
10	allow for the redevelopment of coastal areas within the
11	designated coastal high hazard area; providing conditions;
12	providing for application by a local government; providing
13	for a written agreement between the state land planning
14	agency and the local government; providing for a progress
15	report; amending ss. 186.515, 288.975, and 369.303, F.S.;
16	correcting cross references to conform; providing an
17	effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.Popular name.--This act shall be known by the
22	popular name “The Coastal Redevelopment Hazard Mitigation
23	Demonstration Project Act.”
24	Section 2. Section 163.3164, Florida Statutes, is amended
25	to read:
26	163.3164 Local Government Comprehensive Planning and Land
27	Development Regulation Act; definitions.--As used in this act:
28	(1) "Administration Commission" means the Governor and the
29	Cabinet, and for purposes of this chapter the commission shall
30	act on a simple majority vote, except that for purposes of
31	imposing the sanctions provided in s. 163.3184(11), affirmative
32	action shall require the approval of the Governor and at least
33	three other members of the commission.
34	(2) "Area" or "area of jurisdiction" means the total area
35	qualifying under the provisions of this act, whether this be all
36	of the lands lying within the limits of an incorporated
37	municipality, lands in and adjacent to incorporated
38	municipalities, all unincorporated lands within a county, or
39	areas comprising combinations of the lands in incorporated
40	municipalities and unincorporated areas of counties.
41	(3) "Coastal area" means the 35 coastal counties and all
42	coastal municipalities within their boundaries designated
43	coastal by the state land planning agency.
44	(4) "Comprehensive plan" means a plan that meets the
45	requirements of ss. 163.3177 and 163.3178.
46	(5) "Developer" means any person, including a governmental
47	agency, undertaking any development as defined in this act.
48	(6) "Development" has the meaning given it in s. 380.04.
49	(7) "Development order" means any order granting, denying,
50	or granting with conditions an application for a development
51	permit.
52	(8) "Development permit" includes any building permit,
53	zoning permit, subdivision approval, rezoning, certification,
54	special exception, variance, or any other official action of
55	local government having the effect of permitting the development
56	of land.
57	(9) "Governing body" means the board of county
58	commissioners of a county, the commission or council of an
59	incorporated municipality, or any other chief governing body of
60	a unit of local government, however designated, or the
61	combination of such bodies where joint utilization of the
62	provisions of this act is accomplished as provided herein.
63	(10) "Governmental agency" means:
64	(a) The United States or any department, commission,
65	agency, or other instrumentality thereof.
66	(b) This state or any department, commission, agency, or
67	other instrumentality thereof.
68	(c) Any local government, as defined in this section, or
69	any department, commission, agency, or other instrumentality
70	thereof.
71	(d) Any school board or other special district, authority,
72	or governmental entity.
73	(11) "Land" means the earth, water, and air, above, below,
74	or on the surface, and includes any improvements or structures
75	customarily regarded as land.
76	(12) "Land use" means the development that has occurred on
77	the land, the development that is proposed by a developer on the
78	land, or the use that is permitted or permissible on the land
79	under an adopted comprehensive plan or element or portion
80	thereof, land development regulations, or a land development
81	code, as the context may indicate.
82	(13) "Local government" means any county or municipality.
83	(14) "Local hazard mitigation strategy" means a local plan
84	required under the Federal Stafford Act to promote hazard
85	mitigation and to manage postdisaster redevelopment and
86	recovery.
87	(15)(14)"Local planning agency" means the agency
88	designated to prepare the comprehensive plan or plan amendments
89	required by this act.
90	(16)(15)A "newspaper of general circulation" means a
91	newspaper published at least on a weekly basis and printed in
92	the language most commonly spoken in the area within which it
93	circulates, but does not include a newspaper intended primarily
94	for members of a particular professional or occupational group,
95	a newspaper whose primary function is to carry legal notices, or
96	a newspaper that is given away primarily to distribute
97	advertising.
98	(17)(16)"Parcel of land" means any quantity of land
99	capable of being described with such definiteness that its
100	locations and boundaries may be established, which is designated
101	by its owner or developer as land to be used, or developed as, a
102	unit or which has been used or developed as a unit.
103	(18)(17)"Person" means an individual, corporation,
104	governmental agency, business trust, estate, trust, partnership,
105	association, two or more persons having a joint or common
106	interest, or any other legal entity.
107	(19)(18)"Public notice" means notice as required by s.
108	125.66(2) for a county or by s. 166.041(3)(a) for a
109	municipality. The public notice procedures required in this part
110	are established as minimum public notice procedures.
111	(20)(19)"Regional planning agency" means the agency
112	designated by the state land planning agency to exercise
113	responsibilities under law in a particular region of the state.
114	(21)(20)"State land planning agency" means the Department
115	of Community Affairs.
116	(22)(21)"Structure" has the meaning given it by s.
117	380.031(19).
118	(23)(22)"Land development regulation commission" means a
119	commission designated by a local government to develop and
120	recommend, to the local governing body, land development
121	regulations which implement the adopted comprehensive plan and
122	to review land development regulations, or amendments thereto,
123	for consistency with the adopted plan and report to the
124	governing body regarding its findings. The responsibilities of
125	the land development regulation commission may be performed by
126	the local planning agency.
127	(24)(23)"Land development regulations" means ordinances
128	enacted by governing bodies for the regulation of any aspect of
129	development and includes any local government zoning, rezoning,
130	subdivision, building construction, or sign regulations or any
131	other regulations controlling the development of land, except
132	that this definition shall not apply in s. 163.3213.
133	(25)(24)"Public facilities" means major capital
134	improvements, including, but not limited to, transportation,
135	sanitary sewer, solid waste, drainage, potable water,
136	educational, parks and recreational, and health systems and
137	facilities, and spoil disposal sites for maintenance dredging
138	located in the intracoastal waterways, except for spoil disposal
139	sites owned or used by ports listed in s. 403.021(9)(b).
140	(26)(25)"Downtown revitalization" means the physical and
141	economic renewal of a central business district of a community
142	as designated by local government, and includes both downtown
143	development and redevelopment.
144	(27)(26)"Urban redevelopment" means demolition and
145	reconstruction or substantial renovation of existing buildings
146	or infrastructure within urban infill areas or existing urban
147	service areas.
148	(28)(27)"Urban infill" means the development of vacant
149	parcels in otherwise built-up areas where public facilities such
150	as sewer systems, roads, schools, and recreation areas are
151	already in place and the average residential density is at least
152	five dwelling units per acre, the average nonresidential
153	intensity is at least a floor area ratio of 1.0 and vacant,
154	developable land does not constitute more than 10 percent of the
155	area.
156	(29)(28)"Projects that promote public transportation"
157	means projects that directly affect the provisions of public
158	transit, including transit terminals, transit lines and routes,
159	separate lanes for the exclusive use of public transit services,
160	transit stops (shelters and stations), office buildings or
161	projects that include fixed-rail or transit terminals as part of
162	the building, and projects which are transit oriented and
163	designed to complement reasonably proximate planned or existing
164	public facilities.
165	(30)(29)"Existing urban service area" means built-up
166	areas where public facilities and services such as sewage
167	treatment systems, roads, schools, and recreation areas are
168	already in place.
169	(31)(30)"Transportation corridor management" means the
170	coordination of the planning of designated future transportation
171	corridors with land use planning within and adjacent to the
172	corridor to promote orderly growth, to meet the concurrency
173	requirements of this chapter, and to maintain the integrity of
174	the corridor for transportation purposes.
175	(32)(31)"Optional sector plan" means an optional process
176	authorized by s. 163.3245 in which one or more local governments
177	by agreement with the state land planning agency are allowed to
178	address development-of-regional-impact issues within certain
179	designated geographic areas identified in the local
180	comprehensive plan as a means of fostering innovative planning
181	and development strategies in s. 163.3177(11)(a) and (b),
182	furthering the purposes of this part and part I of chapter 380,
183	reducing overlapping data and analysis requirements, protecting
184	regionally significant resources and facilities, and addressing
185	extrajurisdictional impacts.
186	Section 3. Paragraphs (a) and (g) of subsection (6) of
187	section 163.3177, Florida Statutes, are amended to read:
188	163.3177 Required and optional elements of comprehensive
189	plan; studies and surveys.--
190	(6) In addition to the requirements of subsections (1)-
191	(5), the comprehensive plan shall include the following
192	elements:
193	(a) A future land use plan element designating proposed
194	future general distribution, location, and extent of the uses of
195	land for residential uses, commercial uses, industry,
196	agriculture, recreation, conservation, education, public
197	buildings and grounds, other public facilities, and other
198	categories of the public and private uses of land. Each future
199	land use category must be defined in terms of uses included, and
200	must include standards to be followed in the control and
201	distribution of population densities and building and structure
202	intensities. The proposed distribution, location, and extent of
203	the various categories of land use shall be shown on a land use
204	map or map series which shall be supplemented by goals,
205	policies, and measurable objectives. The future land use plan
206	shall be based upon surveys, studies, and data regarding the
207	area, including the amount of land required to accommodate
208	anticipated growth; the projected population of the area; the
209	character of undeveloped land; the availability of public
210	services;the vulnerability to natural hazards and hazard
211	mitigation;the need for redevelopment, including the renewal of
212	blighted areas and the elimination of nonconforming uses which
213	are inconsistent with the character of the community; and, in
214	rural communities, the need for job creation, capital
215	investment, and economic development that will strengthen and
216	diversify the community's economy. The future land use plan may
217	designate areas for future planned development use involving
218	combinations of types of uses for which special regulations may
219	be necessary to ensure development in accord with the principles
220	and standards of the comprehensive plan and this act. In
221	addition, for rural communities, the amount of land designated
222	for future planned industrial use shall be based upon surveys
223	and studies that reflect the need for job creation, capital
224	investment, and the necessity to strengthen and diversify the
225	local economies, and shall not be limited solely by the
226	projected population of the rural community. The future land use
227	plan of a county may also designate areas for possible future
228	municipal incorporation. The land use maps or map series shall
229	generally identify and depict historic district boundaries and
230	shall designate historically significant properties meriting
231	protection. The future land use element must clearly identify
232	the land use categories in which public schools are an allowable
233	use. When delineating the land use categories in which public
234	schools are an allowable use, a local government shall include
235	in the categories sufficient land proximate to residential
236	development to meet the projected needs for schools in
237	coordination with public school boards and may establish
238	differing criteria for schools of different type or size. Each
239	local government shall include lands contiguous to existing
240	school sites, to the maximum extent possible, within the land
241	use categories in which public schools are an allowable use. All
242	comprehensive plans must comply with the school siting
243	requirements of this paragraph no later than October 1, 1999.
244	The failure by a local government to comply with these school
245	siting requirements by October 1, 1999, will result in the
246	prohibition of the local government's ability to amend the local
247	comprehensive plan, except for plan amendments described in s.
248	163.3187(1)(b), until the school siting requirements are met.
249	Amendments proposed by a local government for purposes of
250	identifying the land use categories in which public schools are
251	an allowable use or for adopting or amending the school-siting
252	maps pursuant to s. 163.31776(3) are exempt from the limitation
253	on the frequency of plan amendments contained in s. 163.3187.
254	The future land use element shall include criteria that
255	encourage the location of schools proximate to urban residential
256	areas to the extent possible and shall require that the local
257	government seek to collocate public facilities, such as parks,
258	libraries, and community centers, with schools to the extent
259	possible and to encourage the use of elementary schools as focal
260	points for neighborhoods. For schools serving predominantly
261	rural counties, defined as a county with a population of 100,000
262	or fewer, an agricultural land use category shall be eligible
263	for the location of public school facilities if the local
264	comprehensive plan contains school siting criteria and the
265	location is consistent with such criteria.
266	(g) For those units of local government identified in s.
267	380.24, a coastal management element, appropriately related to
268	the particular requirements of paragraphs (d) and (e) and
269	meeting the requirements of s. 163.3178(2) and (3). The coastal
270	management element shall set forth the policies that shall guide
271	the local government's decisions and program implementation with
272	respect to the following objectives:
273	1. Maintenance, restoration, and enhancement of the
274	overall quality of the coastal zone environment, including, but
275	not limited to, its amenities and aesthetic values.
276	2. Continued existence of viable populations of all
277	species of wildlife and marine life.
278	3. The orderly and balanced utilization and preservation,
279	consistent with sound conservation principles, of all living and
280	nonliving coastal zone resources.
281	4. Avoidance of irreversible and irretrievable loss of
282	coastal zone resources.
283	5. Ecological planning principles and assumptions to be
284	used in the determination of suitability and extent of permitted
285	development.
286	6. Proposed management and regulatory techniques.
287	7. Limitation of public expenditures that subsidize
288	development in high-hazard coastal areas.
289	8. Protection of human life against the effects of natural
290	disastersand implementation of hazard mitigation strategies.
291	9. The orderly development, maintenance, and use of ports
292	identified in s. 403.021(9) to facilitate deepwater commercial
293	navigation and other related activities.
294	10. Preservation, including sensitive adaptive use of
295	historic and archaeological resources.
296	Section 4. Paragraphs (d) and (f) of subsection (2) of
297	section 163.3178, Florida Statutes, are amended, and subsection
298	(9) is added to said section, to read:
299	163.3178 Coastal management.--
300	(2) Each coastal management element required by s.
301	163.3177(6)(g) shall be based on studies, surveys, and data; be
302	consistent with coastal resource plans prepared and adopted
303	pursuant to general or special law; and contain:
304	(d) A component which outlines principles for hazard
305	mitigation and protection of human lifeand propertyagainst the
306	effects of natural disaster, including population evacuationand
307	local hazard mitigation strategies, which take into
308	consideration the capability to safely evacuate the density of
309	coastal population proposed in the future land use plan element
310	in the event of an impending natural disaster.
311	(f) A redevelopment component which outlines the
312	principles which shall be used to eliminate inappropriate and
313	unsafe development in the coastal areas when opportunities
314	arise.In recognition of the need to balance redevelopment, the
315	protection of human life and property, and public investment in
316	infrastructure, as a demonstration project up to five local
317	governments may amend their comprehensive plans to allow for the
318	redevelopment of coastal areas within the designated coastal
319	high hazard area. To be eligible for the coastal redevelopment
320	demonstration project, the following conditions must be met: the
321	area is part of a comprehensive redevelopment strategy that is
322	incorporated into the comprehensive plan; the area is consistent
323	with the definition of “urban infill” or “urban redevelopment”;
324	the area is not within a designated area of critical state
325	concern; the comprehensive plan delineates the most vulnerable
326	areas within the coastal high hazard area to include areas of
327	repetitive damage, lands located within the FEMA velocity zone
328	and areas subject to coastal erosion, including lands seaward of
329	the coastal construction control line; local mitigation
330	strategies are included within the comprehensive plan that
331	reduce, replace, or eliminate unsafe structures and properties
332	subject to repetitive damage from coastal storms and floods;
333	measures to reduce exposure to hazards, including relocation,
334	structural modification of threatened coastal infrastructure,
335	provides for operational or capacity improvements to maintain
336	over the planning timeframe the county hurricane clearance times
337	as established in the most recent hurricane evacuation study or
338	transportation analysis or reduce over the planning timeframe
339	hurricane clearance times to adequate levels below 12 hours and
340	strategies that reduce shelter deficits within the planning
341	timeframe; development authorized within the area provides
342	mitigation proportional to its impact to offset the increased
343	demand on evacuation and public shelter space; and public
344	expenditures which subsidize development in the most vulnerable
345	areas of the coastal high hazard area are limited. The
346	redevelopment plan shall not allow increases in development,
347	including residential and transient residential development such
348	as hotels, motels, timeshares, and vacation rentals, within the
349	most vulnerable areas of the coastal high hazard area, including
350	the FEMA velocity zone; areas subject to coastal erosion,
351	including lands seaward of the coastal construction control
352	line; and areas of repetitive damage from coastal storms and
353	flooding. The redevelopment plans shall ensure protection of
354	coastal resources, including beach and dune systems, and provide
355	for public access to the beach and shoreline consistent with
356	estimated public needs.
357	(9)(a) A local government seeking to implement the coastal
358	redevelopment demonstration project pursuant to paragraph (2)(f)
359	must first submit an application to the state land planning
360	agency demonstrating that the project meets the conditions of
361	paragraph (2)(f). The application shall include copies of the
362	local government comprehensive plan, interlocal agreements, and
363	other relevant information supporting the proposed demonstration
364	project. The state land planning agency may adopt procedural
365	rules governing the submission and review of applications, and
366	may establish a phased schedule for review of applications. The
367	state land planning agency shall provide FEMA and the Division
368	of Emergency Management an opportunity to comment on the
369	application.
370	(b) If the local government meets the conditions of
371	paragraph (2)(f), the state land planning agency and the local
372	government shall execute a written agreement that shall be
373	considered final agency action subject to challenge under s.
374	120.569. The written agreement shall identify the area subject
375	to the increase in development potential, including residential
376	and transient residential development, state the amount of such
377	increase; the most vulnerable areas not subject to increases in
378	development, including residential and transient residential
379	development; and describe how the conditions of paragraph (2)(f)
380	are met. The state land planning agency shall coordinate the
381	review of hazard mitigation strategies with FEMA and the
382	Division of Emergency Management and include in the written
383	agreement conditions necessary to meet Federal Stafford Act
384	requirements. Upon execution of the written agreement, the local
385	government may propose plan amendments that are authorized by
386	the agreement; provided that no such plan amendment may be
387	adopted until the completion of any challenges under s. 120.569.
388	(c) The state land planning agency shall provide a
389	progress report on this demonstration project to the Governor,
390	the President of the Senate, and the Speaker of the House of
391	Representatives by December 31, 2004.
392	Section 5. Section 186.515, Florida Statutes, is amended
393	to read:
394	186.515 Creation of regional planning councils under
395	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
396	186.515 is intended to repeal or limit the provisions of chapter
397	163; however, the local general-purpose governments serving as
398	voting members of the governing body of a regional planning
399	council created pursuant to ss. 186.501-186.507, 186.513, and
400	186.515 are not authorized to create a regional planning council
401	pursuant to chapter 163 unless an agency, other than a regional
402	planning council created pursuant to ss. 186.501-186.507,
403	186.513, and 186.515, is designated to exercise the powers and
404	duties in any one or more of ss. 163.3164(20)(19)and
405	380.031(15); in which case, such a regional planning council is
406	also without authority to exercise the powers and duties in s.
407	163.3164(20)(19)or s. 380.031(15).
408	Section 6. Paragraph (a) of subsection (2) of section
409	288.975, Florida Statutes, is amended to read:
410	288.975 Military base reuse plans.--
411	(2) As used in this section, the term:
412	(a) "Affected local government" means a local government
413	adjoining the host local government and any other unit of local
414	government that is not a host local government but that is
415	identified in a proposed military base reuse plan as providing,
416	operating, or maintaining one or more public facilities as
417	defined in s. 163.3164(25)(24)on lands within or serving a
418	military base designated for closure by the Federal Government.
419	Section 7. Subsection (5) of section 369.303, Florida
420	Statutes, is amended to read:
421	369.303 Definitions.--As used in this part:
422	(5) "Land development regulation" means a regulation
423	covered by the definition in s. 163.3164(24)(23)and any of the
424	types of regulations described in s. 163.3202.
425	Section 8. This act shall take effect upon becoming a law.
426