HB 0089B 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 for
17	construction of the act in pari materia with laws enacted
18	during the 2003 Regular Session or 2003 Special Session A
19	of the Legislature; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1. Popular name.--This act shall be known by the
24	popular name of the "Coastal Redevelopment Hazard Mitigation
25	Demonstration Project Act."
26	Section 2. Section 163.3164, Florida Statutes, is amended
27	to read:
28	163.3164 Local Government Comprehensive Planning and Land
29	Development Regulation Act; definitions.--As used in this act:
30	(1) "Administration Commission" means the Governor and the
31	Cabinet, and for purposes of this chapter the commission shall
32	act on a simple majority vote, except that for purposes of
33	imposing the sanctions provided in s. 163.3184(11), affirmative
34	action shall require the approval of the Governor and at least
35	three other members of the commission.
36	(2) "Area" or "area of jurisdiction" means the total area
37	qualifying under the provisions of this act, whether this be all
38	of the lands lying within the limits of an incorporated
39	municipality, lands in and adjacent to incorporated
40	municipalities, all unincorporated lands within a county, or
41	areas comprising combinations of the lands in incorporated
42	municipalities and unincorporated areas of counties.
43	(3) "Coastal area" means the 35 coastal counties and all
44	coastal municipalities within their boundaries designated
45	coastal by the state land planning agency.
46	(4) "Comprehensive plan" means a plan that meets the
47	requirements of ss. 163.3177 and 163.3178.
48	(5) "Developer" means any person, including a governmental
49	agency, undertaking any development as defined in this act.
50	(6) "Development" has the meaning given it in s. 380.04.
51	(7) "Development order" means any order granting, denying,
52	or granting with conditions an application for a development
53	permit.
54	(8) "Development permit" includes any building permit,
55	zoning permit, subdivision approval, rezoning, certification,
56	special exception, variance, or any other official action of
57	local government having the effect of permitting the development
58	of land.
59	(9) "Governing body" means the board of county
60	commissioners of a county, the commission or council of an
61	incorporated municipality, or any other chief governing body of
62	a unit of local government, however designated, or the
63	combination of such bodies where joint utilization of the
64	provisions of this act is accomplished as provided herein.
65	(10) "Governmental agency" means:
66	(a) The United States or any department, commission,
67	agency, or other instrumentality thereof.
68	(b) This state or any department, commission, agency, or
69	other instrumentality thereof.
70	(c) Any local government, as defined in this section, or
71	any department, commission, agency, or other instrumentality
72	thereof.
73	(d) Any school board or other special district, authority,
74	or governmental entity.
75	(11) "Land" means the earth, water, and air, above, below,
76	or on the surface, and includes any improvements or structures
77	customarily regarded as land.
78	(12) "Land use" means the development that has occurred on
79	the land, the development that is proposed by a developer on the
80	land, or the use that is permitted or permissible on the land
81	under an adopted comprehensive plan or element or portion
82	thereof, land development regulations, or a land development
83	code, as the context may indicate.
84	(13) "Local government" means any county or municipality.
85	(14) "Local hazard mitigation strategy" means a local plan
86	required under Section 322, Mitigation Planning, of the Robert
87	T. Stafford Disaster Relief and Emergency Assistance Act,
88	enacted by Section 104 of the Disaster Mitigation Act of 2000,
89	Pub. L. No. 106-390, to promote hazard mitigation and to manage
90	disaster redevelopment.
91	(15)(14)"Local planning agency" means the agency
92	designated to prepare the comprehensive plan or plan amendments
93	required by this act.
94	(16)(15)A "newspaper of general circulation" means a
95	newspaper published at least on a weekly basis and printed in
96	the language most commonly spoken in the area within which it
97	circulates, but does not include a newspaper intended primarily
98	for members of a particular professional or occupational group,
99	a newspaper whose primary function is to carry legal notices, or
100	a newspaper that is given away primarily to distribute
101	advertising.
102	(17)(16)"Parcel of land" means any quantity of land
103	capable of being described with such definiteness that its
104	locations and boundaries may be established, which is designated
105	by its owner or developer as land to be used, or developed as, a
106	unit or which has been used or developed as a unit.
107	(18)(17)"Person" means an individual, corporation,
108	governmental agency, business trust, estate, trust, partnership,
109	association, two or more persons having a joint or common
110	interest, or any other legal entity.
111	(19)(18)"Public notice" means notice as required by s.
112	125.66(2) for a county or by s. 166.041(3)(a) for a
113	municipality. The public notice procedures required in this part
114	are established as minimum public notice procedures.
115	(20)(19)"Regional planning agency" means the agency
116	designated by the state land planning agency to exercise
117	responsibilities under law in a particular region of the state.
118	(21)(20)"State land planning agency" means the Department
119	of Community Affairs.
120	(22)(21)"Structure" has the meaning given it by s.
121	380.031(19).
122	(23)(22)"Land development regulation commission" means a
123	commission designated by a local government to develop and
124	recommend, to the local governing body, land development
125	regulations which implement the adopted comprehensive plan and
126	to review land development regulations, or amendments thereto,
127	for consistency with the adopted plan and report to the
128	governing body regarding its findings. The responsibilities of
129	the land development regulation commission may be performed by
130	the local planning agency.
131	(24)(23)"Land development regulations" means ordinances
132	enacted by governing bodies for the regulation of any aspect of
133	development and includes any local government zoning, rezoning,
134	subdivision, building construction, or sign regulations or any
135	other regulations controlling the development of land, except
136	that this definition shall not apply in s. 163.3213.
137	(25)(24)"Public facilities" means major capital
138	improvements, including, but not limited to, transportation,
139	sanitary sewer, solid waste, drainage, potable water,
140	educational, parks and recreational, and health systems and
141	facilities, and spoil disposal sites for maintenance dredging
142	located in the intracoastal waterways, except for spoil disposal
143	sites owned or used by ports listed in s. 403.021(9)(b).
144	(26)(25)"Downtown revitalization" means the physical and
145	economic renewal of a central business district of a community
146	as designated by local government, and includes both downtown
147	development and redevelopment.
148	(27)(26)"Urban redevelopment" means demolition and
149	reconstruction or substantial renovation of existing buildings
150	or infrastructure within urban infill areas or existing urban
151	service areas.
152	(28)(27)"Urban infill" means the development of vacant
153	parcels in otherwise built-up areas where public facilities such
154	as sewer systems, roads, schools, and recreation areas are
155	already in place and the average residential density is at least
156	five dwelling units per acre, the average nonresidential
157	intensity is at least a floor area ratio of 1.0 and vacant,
158	developable land does not constitute more than 10 percent of the
159	area.
160	(29)(28)"Projects that promote public transportation"
161	means projects that directly affect the provisions of public
162	transit, including transit terminals, transit lines and routes,
163	separate lanes for the exclusive use of public transit services,
164	transit stops (shelters and stations), office buildings or
165	projects that include fixed-rail or transit terminals as part of
166	the building, and projects which are transit oriented and
167	designed to complement reasonably proximate planned or existing
168	public facilities.
169	(30)(29)"Existing urban service area" means built-up
170	areas where public facilities and services such as sewage
171	treatment systems, roads, schools, and recreation areas are
172	already in place.
173	(31)(30)"Transportation corridor management" means the
174	coordination of the planning of designated future transportation
175	corridors with land use planning within and adjacent to the
176	corridor to promote orderly growth, to meet the concurrency
177	requirements of this chapter, and to maintain the integrity of
178	the corridor for transportation purposes.
179	(32)(31)"Optional sector plan" means an optional process
180	authorized by s. 163.3245 in which one or more local governments
181	by agreement with the state land planning agency are allowed to
182	address development-of-regional-impact issues within certain
183	designated geographic areas identified in the local
184	comprehensive plan as a means of fostering innovative planning
185	and development strategies in s. 163.3177(11)(a) and (b),
186	furthering the purposes of this part and part I of chapter 380,
187	reducing overlapping data and analysis requirements, protecting
188	regionally significant resources and facilities, and addressing
189	extrajurisdictional impacts.
190	Section 3. Paragraphs (a) and (g) of subsection (6) of
191	section 163.3177, Florida Statutes, are amended to read:
192	163.3177 Required and optional elements of comprehensive
193	plan; studies and surveys.--
194	(6) In addition to the requirements of subsections (1)-
195	(5), the comprehensive plan shall include the following
196	elements:
197	(a) A future land use plan element designating proposed
198	future general distribution, location, and extent of the uses of
199	land for residential uses, commercial uses, industry,
200	agriculture, recreation, conservation, education, public
201	buildings and grounds, other public facilities, and other
202	categories of the public and private uses of land. Each future
203	land use category must be defined in terms of uses included, and
204	must include standards to be followed in the control and
205	distribution of population densities and building and structure
206	intensities. The proposed distribution, location, and extent of
207	the various categories of land use shall be shown on a land use
208	map or map series which shall be supplemented by goals,
209	policies, and measurable objectives. The future land use plan
210	shall be based upon surveys, studies, and data regarding the
211	area, including the amount of land required to accommodate
212	anticipated growth; the projected population of the area; the
213	character of undeveloped land; the availability of public
214	services; the vulnerability to natural hazards and hazard
215	mitigation;the need for redevelopment, including the renewal of
216	blighted areas and the elimination of nonconforming uses which
217	are inconsistent with the character of the community; and, in
218	rural communities, the need for job creation, capital
219	investment, and economic development that will strengthen and
220	diversify the community's economy. The future land use plan may
221	designate areas for future planned development use involving
222	combinations of types of uses for which special regulations may
223	be necessary to ensure development in accord with the principles
224	and standards of the comprehensive plan and this act. In
225	addition, for rural communities, the amount of land designated
226	for future planned industrial use shall be based upon surveys
227	and studies that reflect the need for job creation, capital
228	investment, and the necessity to strengthen and diversify the
229	local economies, and shall not be limited solely by the
230	projected population of the rural community. The future land use
231	plan of a county may also designate areas for possible future
232	municipal incorporation. The land use maps or map series shall
233	generally identify and depict historic district boundaries and
234	shall designate historically significant properties meriting
235	protection. The future land use element must clearly identify
236	the land use categories in which public schools are an allowable
237	use. When delineating the land use categories in which public
238	schools are an allowable use, a local government shall include
239	in the categories sufficient land proximate to residential
240	development to meet the projected needs for schools in
241	coordination with public school boards and may establish
242	differing criteria for schools of different type or size. Each
243	local government shall include lands contiguous to existing
244	school sites, to the maximum extent possible, within the land
245	use categories in which public schools are an allowable use. All
246	comprehensive plans must comply with the school siting
247	requirements of this paragraph no later than October 1, 1999.
248	The failure by a local government to comply with these school
249	siting requirements by October 1, 1999, will result in the
250	prohibition of the local government's ability to amend the local
251	comprehensive plan, except for plan amendments described in s.
252	163.3187(1)(b), until the school siting requirements are met.
253	Amendments proposed by a local government for purposes of
254	identifying the land use categories in which public schools are
255	an allowable use or for adopting or amending the school-siting
256	maps pursuant to s. 163.31776(3) are exempt from the limitation
257	on the frequency of plan amendments contained in s. 163.3187.
258	The future land use element shall include criteria that
259	encourage the location of schools proximate to urban residential
260	areas to the extent possible and shall require that the local
261	government seek to collocate public facilities, such as parks,
262	libraries, and community centers, with schools to the extent
263	possible and to encourage the use of elementary schools as focal
264	points for neighborhoods. For schools serving predominantly
265	rural counties, defined as a county with a population of 100,000
266	or fewer, an agricultural land use category shall be eligible
267	for the location of public school facilities if the local
268	comprehensive plan contains school siting criteria and the
269	location is consistent with such criteria.
270	(g) For those units of local government identified in s.
271	380.24, a coastal management element, appropriately related to
272	the particular requirements of paragraphs (d) and (e) and
273	meeting the requirements of s. 163.3178(2) and (3). The coastal
274	management element shall set forth the policies that shall guide
275	the local government's decisions and program implementation with
276	respect to the following objectives:
277	1. Maintenance, restoration, and enhancement of the
278	overall quality of the coastal zone environment, including, but
279	not limited to, its amenities and aesthetic values.
280	2. Continued existence of viable populations of all
281	species of wildlife and marine life.
282	3. The orderly and balanced utilization and preservation,
283	consistent with sound conservation principles, of all living and
284	nonliving coastal zone resources.
285	4. Avoidance of irreversible and irretrievable loss of
286	coastal zone resources.
287	5. Ecological planning principles and assumptions to be
288	used in the determination of suitability and extent of permitted
289	development.
290	6. Proposed management and regulatory techniques.
291	7. Limitation of public expenditures that subsidize
292	development in high-hazard coastal areas.
293	8. Protection of human life against the effects of natural
294	disasters and implementation of hazard mitigation strategies.
295	9. The orderly development, maintenance, and use of ports
296	identified in s. 403.021(9) to facilitate deepwater commercial
297	navigation and other related activities.
298	10. Preservation, including sensitive adaptive use of
299	historic and archaeological resources.
300	Section 4. Paragraphs (d) and (f) of subsection (2) of
301	section 163.3178, Florida Statutes, are amended, and subsection
302	(9) is added to said section, to read:
303	163.3178 Coastal management.--
304	(2) Each coastal management element required by s.
305	163.3177(6)(g) shall be based on studies, surveys, and data; be
306	consistent with coastal resource plans prepared and adopted
307	pursuant to general or special law; and contain:
308	(d) A component which outlines principles for hazard
309	mitigation and protection of human life and propertyagainst the
310	effects of natural disaster, including population evacuation and
311	local hazard mitigation strategies, which take into
312	consideration the capability to safely evacuate the density of
313	coastal population proposed in the future land use plan element
314	in the event of an impending natural disaster.
315	(f) A redevelopment component which outlines the
316	principles which shall be used to eliminate inappropriate and
317	unsafe development in the coastal areas when opportunities
318	arise. In recognition of the need to balance redevelopment, the
319	protection of human life and property, and public investment in
320	infrastructure, as a demonstration project up to five local
321	governments or a combination of local governments may amend
322	their comprehensive plans to allow for the redevelopment of
323	coastal areas within the designated coastal high hazard area.
324	The application must include the participation of the county
325	emergency management agency, as provided in s. 252.38, in which
326	the local government or local governments are located.
327	1. To be eligible for the coastal redevelopment
328	demonstration project, the following conditions must be met: the
329	area is part of a comprehensive redevelopment strategy that will
330	be incorporated into the comprehensive plan; the area is
331	consistent with the definition of "urban infill" or "urban
332	redevelopment"; the area is not within a designated area of
333	critical state concern; the comprehensive plan delineates the
334	coastal high hazard area consistent with this part; and the
335	county emergency management agency affirms in writing its intent
336	to participate in the demonstration project.
337	2. In order to allow for redevelopment within the coastal
338	high hazard area beyond that provided for in the existing
339	approved comprehensive plan, the local government or combination
340	of local governments, authorized by agreement pursuant to
341	paragraph (9)(b) to pursue the demonstration project, shall
342	adopt into the comprehensive plan a redevelopment strategy
343	consistent with the requirements of paragraph (6)(a), and local
344	hazard mitigation strategies that include, at a minimum, the
345	following components:
346	a. Measures to reduce, replace, or eliminate unsafe
347	structures and properties subject to repetitive damage from
348	coastal storms and floods.
349	b. Measures to reduce exposure of infrastructure to
350	hazards, including relocation and structural modification of
351	threatened coastal infrastructure.
352	c. Operational and capacity improvements to ensure that
353	the redevelopment strategy maintains or reduces, throughout the
354	planning timeframe, the county hurricane evacuation clearance
355	times as established in the most recent hurricane evacuation
356	study or transportation analysis.
357	d. Where the county hurricane evacuation clearance times
358	exceed 16 hours for a Category 3 storm event, measures to ensure
359	that the redevelopment strategy reduces the county shelter
360	deficit and hurricane clearance times to adequate levels below
361	16 hours within the planning timeframe.
362	e. Measures that provide for county evacuation shelter
363	space to ensure that development authorized within the
364	redevelopment area provides mitigation proportional to its
365	impact to offset the increased demand on evacuation clearance
366	times and public shelter space.
367	f. Measures to ensure that public expenditures which
368	subsidize development in the most vulnerable areas of the
369	coastal high hazard area are limited, except for that needed to
370	provide for public access to the beach and shoreline, restore
371	beaches and dunes and other natural systems, correct existing
372	hurricane evacuation deficiencies or that needed to make
373	facilities more disaster resistant.
374	g. Measures which commit to planning and regulatory
375	standards which exceed minimum National Flood Insurance
376	Standards, including participation in the Community Rating
377	System of the National Flood Insurance Program.
378	h. Measures to ensure that the redevelopment strategy does
379	not allow increases in development, including residential and
380	transient residential development such as hotels, motels,
381	timeshares, and vacation rentals, within the most vulnerable
382	areas of the coastal high hazard area, including the Flood
383	Insurance Rate Map (FIRM) velocity zones and areas subject to
384	coastal erosion, including lands seaward of the coastal
385	construction control line.
386	i. Measures to ensure protection of coastal resources,
387	including beach and dune systems, and to provide for public
388	access to the beach and shoreline consistent with estimated
389	public needs.
390	j. Data and analysis, including the potential costs of
391	damage to structures, property, and infrastructure that would be
392	less than that expected without the redevelopment strategy.
393	k. Data and analysis forecasting the impacts on clearance
394	times based on the population anticipated by the redevelopment
395	strategy.
396	l. The execution of an interlocal agreement, as supporting
397	data and analysis, between the local government or a combination
398	of local governments participating in the demonstration project
399	together with their respective county emergency management
400	agency, and any affected municipalities as needed, to implement
401	mitigation strategies to reduce hurricane evacuation clearance
402	times and public shelter deficit.
403
404	The redevelopment strategy shall establish the preferred
405	character of the community and how that will be achieved.
406	(9)(a) A local government seeking to implement the coastal
407	redevelopment demonstration project pursuant to paragraph (2)(f)
408	must first submit an application to the state land planning
409	agency demonstrating that the project meets the conditions of
410	subparagraph (2)(f)1. The application shall include copies of
411	the local government comprehensive plan and other relevant
412	information supporting the proposed demonstration project. The
413	state land planning agency may adopt procedural rules governing
414	the submission and review of applications, and may establish a
415	phased schedule for review of applications. The state land
416	planning agency shall provide the Federal Emergency Management
417	Agency and the Division of Emergency Management an opportunity
418	to comment on the application.
419	(b) If the local government meets the conditions of
420	subparagraph (2)(f)1., the state land planning agency and the
421	local government shall execute a written agreement that shall be
422	considered final agency action subject to challenge under s.
423	120.569. The written agreement shall identify the area subject
424	to the increase in development potential, including residential
425	and transient residential development, state the amount of such
426	increase; the most vulnerable areas not subject to increases in
427	development; and describe how the conditions of subparagraph
428	(2)(f)2. are to be met. The state land planning agency shall
429	coordinate the review of hazard mitigation strategies with the
430	Federal Emergency Management Agency and the Division of
431	Emergency Management and include in the written agreement
432	conditions necessary to be addressed in the comprehensive plan
433	to meet the requirements of hurricane evacuation, shelter, and
434	hazard mitigation. The agreement shall specify procedures for
435	public participation and intergovernmental coordination with the
436	county emergency management agency and any affected
437	municipalities regarding hurricane evacuation and shelter
438	requirements. The local governments shall provide an opportunity
439	for public comment at a public hearing before execution of the
440	agreement. Upon execution of the written agreement, the local
441	government may propose plan amendments that are authorized by
442	the agreement; provided that no such plan amendment may be
443	adopted until the completion of any challenges to an agreement
444	under s. 120.569.
445	(c) The state land planning agency shall provide a
446	progress report on this demonstration project to the Governor,
447	the President of the Senate, and the Speaker of the House of
448	Representatives by February 1, 2005.
449	Section 5. Section 186.515, Florida Statutes, is amended
450	to read:
451	186.515 Creation of regional planning councils under
452	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
453	186.515 is intended to repeal or limit the provisions of chapter
454	163; however, the local general-purpose governments serving as
455	voting members of the governing body of a regional planning
456	council created pursuant to ss. 186.501-186.507, 186.513, and
457	186.515 are not authorized to create a regional planning council
458	pursuant to chapter 163 unless an agency, other than a regional
459	planning council created pursuant to ss. 186.501-186.507,
460	186.513, and 186.515, is designated to exercise the powers and
461	duties in any one or more of ss. 163.3164(20)(19)and
462	380.031(15); in which case, such a regional planning council is
463	also without authority to exercise the powers and duties in s.
464	163.3164(20)(19)or s. 380.031(15).
465	Section 6. Paragraph (a) of subsection (2) of section
466	288.975, Florida Statutes, is amended to read:
467	288.975 Military base reuse plans.--
468	(2) As used in this section, the term:
469	(a) "Affected local government" means a local government
470	adjoining the host local government and any other unit of local
471	government that is not a host local government but that is
472	identified in a proposed military base reuse plan as providing,
473	operating, or maintaining one or more public facilities as
474	defined in s. 163.3164(25)(24)on lands within or serving a
475	military base designated for closure by the Federal Government.
476	Section 7. Subsection (5) of section 369.303, Florida
477	Statutes, is amended to read:
478	369.303 Definitions.--As used in this part:
479	(5) "Land development regulation" means a regulation
480	covered by the definition in s. 163.3164(24)(23)and any of the
481	types of regulations described in s. 163.3202.
482	Section 8. If any law amended by this act was also amended
483	by a law enacted at the 2003 Regular Session or the 2003 Special
484	Session A of the Legislature, such laws shall be construed as if
485	they had been enacted at the same session of the Legislature,
486	and full effect shall be given to each if possible.
487	Section 9. This act shall take effect upon becoming a law.