Senate Bill sb2956c1

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    Florida Senate - 2004                           CS for SB 2956

    By the Committee on Comprehensive Planning; and Senator
    Bennett




    316-2377-04

  1                      A bill to be entitled

  2         An act relating to comprehensive planning by

  3         municipalities in highly populated urban

  4         counties; amending s. 163.3174, F.S.;

  5         conforming a cross-reference; amending s.

  6         163.3171, F.S.; providing certain exceptions to

  7         limitations on a charter county's land use

  8         planning authority; granting exclusive planning

  9         authority to municipalities located in charter

10         counties with a population of greater than 1.5

11         million and having less than 10 percent of the

12         countywide population within the unincorporated

13         area; authorizing the delegation of planning

14         authority; authorizing a charter county under

15         certain circumstances to comment on proposed

16         land use within the municipality or provide

17         planning assistance; exempting certain

18         comprehensive plan amendments from the

19         limitation on the frequency of plan amendments;

20         clarifying the effect of the act on certain

21         development orders; clarifying the act does not

22         affect the ability of a charter county to levy

23         and enforce impact fees; prescribing

24         level-of-service requirements for county

25         facilities; providing exceptions; providing an

26         effective date.

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

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30         Section 1.  Paragraph (b) of subsection (1) of section

31  163.3174, Florida Statutes, is amended to read:

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    Florida Senate - 2004                           CS for SB 2956
    316-2377-04




 1         163.3174  Local planning agency.--

 2         (1)  The governing body of each local government,

 3  individually or in combination as provided in s. 163.3171,

 4  shall designate and by ordinance establish a "local planning

 5  agency," unless the agency is otherwise established by law.

 6  Notwithstanding any special act to the contrary, all local

 7  planning agencies or equivalent agencies that first review

 8  rezoning and comprehensive plan amendments in each

 9  municipality and county shall include a representative of the

10  school district appointed by the school board as a nonvoting

11  member of the local planning agency or equivalent agency to

12  attend those meetings at which the agency considers

13  comprehensive plan amendments and rezonings that would, if

14  approved, increase residential density on the property that is

15  the subject of the application. However, this subsection does

16  not prevent the governing body of the local government from

17  granting voting status to the school board member. The

18  governing body may designate itself as the local planning

19  agency pursuant to this subsection with the addition of a

20  nonvoting school board representative. The governing body

21  shall notify the state land planning agency of the

22  establishment of its local planning agency. All local planning

23  agencies shall provide opportunities for involvement by

24  applicable community college boards, which may be accomplished

25  by formal representation, membership on technical advisory

26  committees, or other appropriate means. The local planning

27  agency shall prepare the comprehensive plan or plan amendment

28  after hearings to be held after public notice and shall make

29  recommendations to the governing body regarding the adoption

30  or amendment of the plan. The agency may be a local planning

31  commission, the planning department of the local government,

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    Florida Senate - 2004                           CS for SB 2956
    316-2377-04




 1  or other instrumentality, including a countywide planning

 2  entity established by special act or a council of local

 3  government officials created pursuant to s. 163.02, provided

 4  the composition of the council is fairly representative of all

 5  the governing bodies in the county or planning area; however:

 6         (b)  In the case of chartered counties, the planning

 7  responsibility between the county and the several

 8  municipalities therein shall be as provided for in s. 163.3171

 9  stipulated in the charter.

10         Section 2.  Subsection (2) of section 163.3171, Florida

11  Statutes, is amended to read:

12         163.3171  Areas of authority under this act.--

13         (2)  Counties shall exercise authority under this act

14  as follows:

15         (a)  A noncharter county shall exercise authority under

16  this act for the total unincorporated area under its

17  jurisdiction or in such unincorporated areas as are not

18  included in any joint agreement with municipalities

19  established under the provisions of subsection (1).

20         (b)  Charter counties that operate under a home rule

21  charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of

22  the Constitution of 1885, as preserved by s. 6(e), Art. VIII

23  of the Constitution of 1968, may exercise such authority over

24  municipalities and districts within their boundaries as is

25  provided for in their charter.

26         (c)  In recognition of the need to allow municipalities

27  in highly populated urban counties in which most of the

28  population of the county is located within municipalities to

29  address land use planning issues on a municipal basis, in

30  charter counties that have populations greater than 1.5

31  million people and have less than 10 percent of the countywide

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    Florida Senate - 2004                           CS for SB 2956
    316-2377-04




 1  population within the unincorporated area of the county, the

 2  municipalities within such counties shall, except as otherwise

 3  expressly provided in this paragraph, exercise exclusive land

 4  use planning authority. This exclusive land use planning

 5  authority includes, but is not limited to, platting, zoning,

 6  comprehensive planning, and the issuance of development orders

 7  for the area under municipal jurisdiction. A municipality that

 8  has exclusive planning authority pursuant to this paragraph

 9  may, by resolution of its governing body, delegate all or a

10  part of its planning authority for the area under its

11  municipal jurisdiction to the county in which it is located. A

12  charter county that does not exercise planning authority

13  within a municipality pursuant to this paragraph may, upon the

14  request of the municipality, provide written comments

15  concerning a proposed land use within the jurisdiction of that

16  municipality or provide planning assistance to that

17  municipality. Municipalities whose land use planning authority

18  becomes exclusive pursuant to this paragraph may amend their

19  comprehensive plans one additional time in 2004 or in 2005,

20  without regard to the twice-a-year restriction in s.

21  163.3187(1), to provide for amendments the municipality

22  determines to be necessary or appropriate for the transition.

23  Development orders issued prior to July 1, 2004, by a charter

24  county subject to this paragraph for property within a

25  municipality shall remain valid for the effective period of

26  the development order unless an application for an amendment

27  to the development order is approved by the municipality in

28  accordance with the procedures of the municipality for

29  amending development orders. This paragraph does not affect

30  the authority of a charter county subject to this paragraph to

31  adopt and enforce countywide impact fees. Effective July 1,

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    Florida Senate - 2004                           CS for SB 2956
    316-2377-04




 1  2004, the level of service for county facilities in counties

 2  subject to this paragraph shall be the level of service that

 3  was applied by the county on April 1, 2004. In order for any

 4  future change in level of service for county facilities of a

 5  county subject to this paragraph to become effective within a

 6  municipality, the change in the level of service shall require

 7  the approval of both the affected municipality and the county,

 8  as evidenced by both the municipality and county adopting the

 9  amended level of service for the county facilities into their

10  respective comprehensive plans. In counties subject to this

11  paragraph which have adopted a level of service for county

12  roadways, the county shall, upon written application and the

13  payment of a reasonable fee, review and advise the

14  municipalities as to whether proposed mitigation of traffic

15  impacts that are to be provided by improvements to county

16  roadways meet the county's permit criteria for improvements to

17  county roadways. Nothing in this paragraph shall be

18  interpreted to affect a county's permit authority with respect

19  to county roadways. This paragraph applies notwithstanding any

20  other law. In the case of chartered counties, the

21         (d)  A charter county that is not subject to paragraph

22  (c) may exercise such authority over municipalities and or

23  districts within its boundaries as is provided for in its

24  charter.

25         Section 3.  This act shall take effect July 1, 2004.

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    Florida Senate - 2004                           CS for SB 2956
    316-2377-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2956

 3                                 

 4  The committee substitute (CS) adds the requirement that a
    municipality be located within a charter county that has less
 5  than 10 percent of the countywide population within the
    unincorporated area to exercise exclusive planning authority
 6  within its jurisdiction. In addition, it allows municipalities
    whose land use planning authority that becomes exclusive under
 7  the provisions of the CS to amend their comprehensive plans
    one additional time in 2004 or 2005 without regard to the
 8  limitation on the frequency of plan amendments. It clarifies
    the effect of the CS on certain development orders. It
 9  specifies that its provisions do not affect a charter county's
    authority to adopt and enforce a countywide impact fee or the
10  county's permit authority with respect to county roadways.
    Finally, it provides that certain levels of service remain in
11  effect until both the municipality that is exercising
    exclusive planning authority and the affected charter county
12  adopt the amended level of service into their respective
    comprehensive plans.
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