HB 0409 2004
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 for a local government's
7	comprehensive plan concerning hazard mitigation; amending
8	s. 163.3178, F.S.; revising provisions with respect to
9	coastal management; authorizing a demonstration project in
10	certain counties to allow for the redevelopment of coastal
11	areas within the designated coastal high hazard area;
12	providing conditions; providing for application by a local
13	government; providing for a written agreement between the
14	state land planning agency and the local government;
15	providing for a progress report; amending ss. 186.515,
16	288.975, and 369.303, F.S.; correcting cross-references to
17	conform; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1. Popular name.--This act may be known by the
22	popular name and cited as the "Coastal Redevelopment Hazard
23	Mitigation 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 Section 322, Mitigation Planning, of the Robert
85	T. Stafford Disaster Relief and Emergency Assistance Act,
86	enacted by Section 104 of the Disaster Mitigation Act of 2000
87	(Pub. L. No. 106-390) to promote hazard mitigation and to manage
88	disaster redevelopment.
89	(15)(14)"Local planning agency" means the agency
90	designated to prepare the comprehensive plan or plan amendments
91	required by this act.
92	(16)(15)A "newspaper of general circulation" means a
93	newspaper published at least on a weekly basis and printed in
94	the language most commonly spoken in the area within which it
95	circulates, but does not include a newspaper intended primarily
96	for members of a particular professional or occupational group,
97	a newspaper whose primary function is to carry legal notices, or
98	a newspaper that is given away primarily to distribute
99	advertising.
100	(17)(16)"Parcel of land" means any quantity of land
101	capable of being described with such definiteness that its
102	locations and boundaries may be established, which is designated
103	by its owner or developer as land to be used, or developed as, a
104	unit or which has been used or developed as a unit.
105	(18)(17)"Person" means an individual, corporation,
106	governmental agency, business trust, estate, trust, partnership,
107	association, two or more persons having a joint or common
108	interest, or any other legal entity.
109	(19)(18)"Public notice" means notice as required by s.
110	125.66(2) for a county or by s. 166.041(3)(a) for a
111	municipality. The public notice procedures required in this part
112	are established as minimum public notice procedures.
113	(20)(19)"Regional planning agency" means the agency
114	designated by the state land planning agency to exercise
115	responsibilities under law in a particular region of the state.
116	(21)(20)"State land planning agency" means the Department
117	of Community Affairs.
118	(22)(21)"Structure" has the meaning given it by s.
119	380.031(19).
120	(23)(22)"Land development regulation commission" means a
121	commission designated by a local government to develop and
122	recommend, to the local governing body, land development
123	regulations which implement the adopted comprehensive plan and
124	to review land development regulations, or amendments thereto,
125	for consistency with the adopted plan and report to the
126	governing body regarding its findings. The responsibilities of
127	the land development regulation commission may be performed by
128	the local planning agency.
129	(24)(23)"Land development regulations" means ordinances
130	enacted by governing bodies for the regulation of any aspect of
131	development and includes any local government zoning, rezoning,
132	subdivision, building construction, or sign regulations or any
133	other regulations controlling the development of land, except
134	that this definition shall not apply in s. 163.3213.
135	(25)(24)"Public facilities" means major capital
136	improvements, including, but not limited to, transportation,
137	sanitary sewer, solid waste, drainage, potable water,
138	educational, parks and recreational, and health systems and
139	facilities, and spoil disposal sites for maintenance dredging
140	located in the intracoastal waterways, except for spoil disposal
141	sites owned or used by ports listed in s. 403.021(9)(b).
142	(26)(25)"Downtown revitalization" means the physical and
143	economic renewal of a central business district of a community
144	as designated by local government, and includes both downtown
145	development and redevelopment.
146	(27)(26)"Urban redevelopment" means demolition and
147	reconstruction or substantial renovation of existing buildings
148	or infrastructure within urban infill areas or existing urban
149	service areas.
150	(28)(27)"Urban infill" means the development of vacant
151	parcels in otherwise built-up areas where public facilities such
152	as sewer systems, roads, schools, and recreation areas are
153	already in place and the average residential density is at least
154	five dwelling units per acre, the average nonresidential
155	intensity is at least a floor area ratio of 1.0 and vacant,
156	developable land does not constitute more than 10 percent of the
157	area.
158	(29)(28)"Projects that promote public transportation"
159	means projects that directly affect the provisions of public
160	transit, including transit terminals, transit lines and routes,
161	separate lanes for the exclusive use of public transit services,
162	transit stops(shelters and stations), office buildings or
163	projects that include fixed-rail or transit terminals as part of
164	the building, and projects which are transit oriented and
165	designed to complement reasonably proximate planned or existing
166	public facilities.
167	(30)(29)"Existing urban service area" means built-up
168	areas where public facilities and services such as sewage
169	treatment systems, roads, schools, and recreation areas are
170	already in place.
171	(31)(30)"Transportation corridor management" means the
172	coordination of the planning of designated future transportation
173	corridors with land use planning within and adjacent to the
174	corridor to promote orderly growth, to meet the concurrency
175	requirements of this chapter, and to maintain the integrity of
176	the corridor for transportation purposes.
177	(32)(31)"Optional sector plan" means an optional process
178	authorized by s. 163.3245 in which one or more local governments
179	by agreement with the state land planning agency are allowed to
180	address development-of-regional-impact issues within certain
181	designated geographic areas identified in the local
182	comprehensive plan as a means of fostering innovative planning
183	and development strategies in s. 163.3177(11)(a) and (b),
184	furthering the purposes of this part and part I of chapter 380,
185	reducing overlapping data and analysis requirements, protecting
186	regionally significant resources and facilities, and addressing
187	extrajurisdictional impacts.
188	Section 3. Paragraphs (a) and (g) of subsection (6) of
189	section 163.3177, Florida Statutes, are amended to read:
190	163.3177 Required and optional elements of comprehensive
191	plan; studies and surveys.--
192	(6) In addition to the requirements of subsections (1)-
193	(5), the comprehensive plan shall include the following
194	elements:
195	(a) A future land use plan element designating proposed
196	future general distribution, location, and extent of the uses of
197	land for residential uses, commercial uses, industry,
198	agriculture, recreation, conservation, education, public
199	buildings and grounds, other public facilities, and other
200	categories of the public and private uses of land. Each future
201	land use category must be defined in terms of uses included, and
202	must include standards to be followed in the control and
203	distribution of population densities and building and structure
204	intensities. The proposed distribution, location, and extent of
205	the various categories of land use shall be shown on a land use
206	map or map series which shall be supplemented by goals,
207	policies, and measurable objectives. The future land use plan
208	shall be based upon surveys, studies, and data regarding the
209	area, including the amount of land required to accommodate
210	anticipated growth; the projected population of the area; the
211	character of undeveloped land; the availability of public
212	services; the vulnerability to natural hazards and hazard
213	mitigation;the need for redevelopment, including the renewal of
214	blighted areas and the elimination of nonconforming uses which
215	are inconsistent with the character of the community; and, in
216	rural communities, the need for job creation, capital
217	investment, and economic development that will strengthen and
218	diversify the community's economy. The future land use plan may
219	designate areas for future planned development use involving
220	combinations of types of uses for which special regulations may
221	be necessary to ensure development in accord with the principles
222	and standards of the comprehensive plan and this act. In
223	addition, for rural communities, the amount of land designated
224	for future planned industrial use shall be based upon surveys
225	and studies that reflect the need for job creation, capital
226	investment, and the necessity to strengthen and diversify the
227	local economies, and shall not be limited solely by the
228	projected population of the rural community. The future land use
229	plan of a county may also designate areas for possible future
230	municipal incorporation. The land use maps or map series shall
231	generally identify and depict historic district boundaries and
232	shall designate historically significant properties meriting
233	protection. The future land use element must clearly identify
234	the land use categories in which public schools are an allowable
235	use. When delineating the land use categories in which public
236	schools are an allowable use, a local government shall include
237	in the categories sufficient land proximate to residential
238	development to meet the projected needs for schools in
239	coordination with public school boards and may establish
240	differing criteria for schools of different type or size. Each
241	local government shall include lands contiguous to existing
242	school sites, to the maximum extent possible, within the land
243	use categories in which public schools are an allowable use. All
244	comprehensive plans must comply with the school siting
245	requirements of this paragraph no later than October 1, 1999.
246	The failure by a local government to comply with these school
247	siting requirements by October 1, 1999, will result in the
248	prohibition of the local government's ability to amend the local
249	comprehensive plan, except for plan amendments described in s.
250	163.3187(1)(b), until the school siting requirements are met.
251	Amendments proposed by a local government for purposes of
252	identifying the land use categories in which public schools are
253	an allowable use or for adopting or amending the school-siting
254	maps pursuant to s. 163.31776(3) are exempt from the limitation
255	on the frequency of plan amendments contained in s. 163.3187.
256	The future land use element shall include criteria that
257	encourage the location of schools proximate to urban residential
258	areas to the extent possible and shall require that the local
259	government seek to collocate public facilities, such as parks,
260	libraries, and community centers, with schools to the extent
261	possible and to encourage the use of elementary schools as focal
262	points for neighborhoods. For schools serving predominantly
263	rural counties, defined as a county with a population of 100,000
264	or fewer, an agricultural land use category shall be eligible
265	for the location of public school facilities if the local
266	comprehensive plan contains school siting criteria and the
267	location is consistent with such criteria.
268	(g) For those units of local government identified in s.
269	380.24, a coastal management element, appropriately related to
270	the particular requirements of paragraphs (d) and (e) and
271	meeting the requirements of s. 163.3178(2) and(3). The coastal
272	management element shall set forth the policies that shall guide
273	the local government's decisions and program implementation with
274	respect to the following objectives:
275	1. Maintenance, restoration, and enhancement of the
276	overall quality of the coastal zone environment, including, but
277	not limited to, its amenities and aesthetic values.
278	2. Continued existence of viable populations of all
279	species of wildlife and marine life.
280	3. The orderly and balanced utilization and preservation,
281	consistent with sound conservation principles, of all living and
282	nonliving coastal zone resources.
283	4. Avoidance of irreversible and irretrievable loss of
284	coastal zone resources.
285	5. Ecological planning principles and assumptions to be
286	used in the determination of suitability and extent of permitted
287	development.
288	6. Proposed management and regulatory techniques.
289	7. Limitation of public expenditures that subsidize
290	development in high-hazard coastal areas.
291	8. Protection of human life against the effects of natural
292	disasters and implementation of hazard mitigation strategies.
293	9. The orderly development, maintenance, and use of ports
294	identified in s. 403.021(9) to facilitate deepwater commercial
295	navigation and other related activities.
296	10. Preservation, including sensitive adaptive use of
297	historic and archaeological resources.
298	Section 4. Paragraphs (d) and (f) of subsection (2) of
299	section 163.3178, Florida Statutes, are amended, and subsection
300	(9) is added to that section, to read:
301	163.3178 Coastal management.--
302	(2) Each coastal management element required by s.
303	163.3177(6)(g) shall be based on studies, surveys, and data; be
304	consistent with coastal resource plans prepared and adopted
305	pursuant to general or special law; and contain:
306	(d) A component which outlines principles for hazard
307	mitigation and protection of human life and propertyagainst the
308	effects of natural disaster, including population evacuation and
309	local hazard mitigation strategies, which take into
310	consideration the capability to safely evacuate the density of
311	coastal population proposed in the future land use plan element
312	in the event of an impending natural disaster.
313	(f) A redevelopment component which outlines the
314	principles which shall be used to eliminate inappropriate and
315	unsafe development in the coastal areas when opportunities
316	arise. In recognition of the need to balance redevelopment, the
317	protection of human life and property, and public investment in
318	infrastructure, as a demonstration project up to five local
319	governments or a combination of local governments may amend
320	their comprehensive plans to allow for the redevelopment of
321	coastal areas within the designated coastal high hazard area.
322	The application must include the participation of the county
323	emergency management agency, as provided in s. 252.38, in which
324	the local government or local governments are located.
325	1. To be eligible for the coastal redevelopment
326	demonstration project, the following conditions must be met: the
327	area is part of a comprehensive redevelopment strategy that will
328	be incorporated into the comprehensive plan; the area is
329	consistent with the definition of "urban infill" or "urban
330	redevelopment"; the area is not within a designated area of
331	critical state concern; the comprehensive plan delineates the
332	coastal high hazard area consistent with this part; and the
333	county emergency management agency affirms in writing its intent
334	to participate in the demonstration project.
335	2. In order to allow for redevelopment within the coastal
336	high hazard area beyond that provided in the existing approved
337	comprehensive plan, the local government or combination of local
338	governments, authorized by agreement pursuant to paragraph
339	(9)(b) to pursue the demonstration project, shall adopt into the
340	comprehensive plan a redevelopment strategy, consistent with the
341	requirements of s. 163.3177(6)(a) and local hazard mitigation
342	strategies, which includes, at a minimum, the following
343	components:
344	a. Measures to reduce, replace, or eliminate unsafe
345	structures and properties subject to repetitive damage from
346	coastal storms and floods;
347	b. Measures to reduce exposure of infrastructure to
348	hazards, including relocation and structural modification of
349	threatened coastal infrastructure;
350	c. Operational and capacity improvements to ensure that
351	the redevelopment strategy maintains or reduces throughout the
352	planning timeframe the county hurricane evacuation clearance
353	times as established in the most recent hurricane evacuation
354	study or transportation analysis;
355	d. If the county hurricane evacuation clearance times
356	exceed 16 hours for a Category 3 storm event, measures to ensure
357	that the redevelopment strategy reduces the county shelter
358	deficit and hurricane clearance times to adequate levels below
359	16 hours within the planning timeframe;
360	e. Measures that provide for county evacuation shelter
361	space to ensure that development authorized within the
362	redevelopment area provides mitigation proportional to its
363	impact to offset the increased demand on evacuation clearance
364	times and public shelter space;
365	f. Measures to ensure that public expenditures that
366	subsidize development in the most vulnerable areas of the
367	coastal high hazard area are limited, except for that needed to
368	provide for public access to the beach and shoreline, restore
369	beaches and dunes and other natural systems, correct existing
370	hurricane evacuation deficiencies, or make facilities more
371	disaster resistant;
372	g. Measures that commit to planning and regulatory
373	standards that exceed minimum National Flood Insurance
374	Standards, including participation in the Community Rating
375	System of the National Flood Insurance Program;
376	h. Measures to ensure that the redevelopment strategy does
377	not allow increases in development, including residential and
378	transient residential development, such as hotels, motels,
379	timeshares, and vacation rentals, within the most vulnerable
380	areas of the coastal high hazard area, including the Flood
381	Insurance Rate Map velocity zones, and areas subject to coastal
382	erosion, including lands seaward of the coastal construction
383	control line;
384	i. Measures to ensure protection of coastal resources,
385	including beach and dune systems, and provision for public
386	access to the beach and shoreline consistent with estimated
387	public needs;
388	j. Data and analysis, including the potential costs of
389	damage to structures, property, and infrastructure which would
390	be less than that expected without the redevelopment strategy;
391	k. Data and analysis forecasting the impacts on shelter
392	capacity and hurricane evacuation clearance times, based on the
393	population anticipated by the redevelopment strategy; and
394	l. The execution of an interlocal agreement, as supporting
395	data and analysis, between the local government or a combination
396	of local governments participating in the demonstration project,
397	together with their respective county emergency management
398	agency and any affected municipalities as needed, to implement
399	mitigation strategies to reduce hurricane evacuation clearance
400	times and public shelter deficit.
401
402	The redevelopment strategy shall establish the preferred
403	character of the community and how that will be achieved.
404	(9)(a) A local government seeking to implement the coastal
405	redevelopment demonstration project pursuant to paragraph (2)(f)
406	must submit an application to the state land planning agency
407	demonstrating that the project meets the conditions of
408	subparagraph (2)(f)1. The application must include copies of the
409	local government comprehensive plan and other relevant
410	information supporting the proposed demonstration project. The
411	state land planning agency may adopt procedural rules governing
412	the submission and review of applications and may establish a
413	phased schedule for review of applications. The state land
414	planning agency shall provide the Federal Emergency Management
415	Agency and the Division of Emergency Management with an
416	opportunity to comment on the application.
417	(b) If the local government meets the conditions of
418	subparagraph (2)(f)1., the state land planning agency and the
419	local government shall execute a written agreement that is a
420	final agency action subject to challenge under s. 120.569. The
421	written agreement must identify the area subject to the increase
422	in development potential, including residential and transient
423	residential development; state the amount of such increase;
424	identify the most vulnerable areas not subject to increases in
425	development; and describe how the conditions of subparagraph
426	(2)(f)2. are to be met. The state land planning agency shall
427	coordinate the review of hazard mitigation strategies with the
428	Federal Emergency Management Agency and the Division of
429	Emergency Management and include in the written agreement
430	conditions necessary to be addressed in the comprehensive plan
431	to meet the requirements of hurricane evacuation, shelter, and
432	hazard mitigation. The agreement must specify procedures for
433	public participation and intergovernmental coordination with the
434	county emergency management agency and any affected
435	municipalities regarding hurricane evacuation and shelter
436	requirements. The local governments shall provide an opportunity
437	for public comment at a public hearing before execution of the
438	agreement. Upon execution of the written agreement, the local
439	government may propose plan amendments that are authorized by
440	the agreement; however, such plan amendment may not be adopted
441	until the completion of any challenges to an agreement under s.
442	120.569.
443	(c) The state land planning agency shall provide a
444	progress report on the demonstration project to the Governor,
445	the President of the Senate, and the Speaker of the House of
446	Representatives by February 1, 2006.
447	Section 5. Section 186.515, Florida Statutes, is amended
448	to read:
449	186.515 Creation of regional planning councils under
450	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
451	section 186.515is intended to repeal or limit the provisions of
452	chapter 163; however, the local general-purpose governments
453	serving as voting members of the governing body of a regional
454	planning council created pursuant to ss. 186.501-186.507,
455	186.513, and 186.515 are not authorized to create a regional
456	planning council pursuant to chapter 163 unless an agency, other
457	than a regional planning council created pursuant to ss.
458	186.501-186.507, 186.513, and 186.515, is designated to exercise
459	the powers and duties in any one or more of ss. 163.3164(20)(19)
460	and 380.031(15); in which case, such a regional planning council
461	is also without authority to exercise the powers and duties in
462	s. 163.3164(20)(19)or s. 380.031(15).
463	Section 6. Paragraph (a) of subsection (2) of section
464	288.975, Florida Statutes, is amended to read:
465	288.975 Military base reuse plans.--
466	(2) As used in this section, the term:
467	(a) "Affected local government" means a local government
468	adjoining the host local government and any other unit of local
469	government that is not a host local government but that is
470	identified in a proposed military base reuse plan as providing,
471	operating, or maintaining one or more public facilities as
472	defined in s. 163.3164(25)(24)on lands within or serving a
473	military base designated for closure by the Federal Government.
474	Section 7. Subsection (5) of section 369.303, Florida
475	Statutes, is amended to read:
476	369.303 Definitions.--As used in this part:
477	(5) "Land development regulation" means a regulation
478	covered by the definition in s. 163.3164(24)(23)and any of the
479	types of regulations described in s. 163.3202.
480	Section 8. This act shall take effect upon becoming a law.