HB 0409CS

CHAMBER ACTION



1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to coastal redevelopment hazard
8mitigation; providing a popular name; amending s.
9163.3164, F.S.; defining the term "local mitigation
10strategy"; amending s. 163.3177, F.S.; providing an
11additional requirement for a local government's
12comprehensive plan concerning hazard mitigation; amending
13s. 163.3178, F.S.; revising provisions with respect to
14coastal management; authorizing a demonstration project in
15certain counties to allow for the redevelopment of coastal
16areas within the designated coastal high hazard area;
17providing conditions; providing for application by a local
18government; providing for a written agreement between the
19state land planning agency and the local government;
20providing for a progress report; amending ss. 186.515,
21288.975, and 369.303, F.S.; correcting cross references to
22conform; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Popular name.--This act may be known by the
27popular name and cited as the "Coastal Redevelopment Hazard
28Mitigation Demonstration Project Act."
29     Section 2.  Section 163.3164, Florida Statutes, is amended
30to read:
31     163.3164  Local Government Comprehensive Planning and Land
32Development Regulation Act; definitions.--As used in this act:
33     (1)  "Administration Commission" means the Governor and the
34Cabinet, and for purposes of this chapter the commission shall
35act on a simple majority vote, except that for purposes of
36imposing the sanctions provided in s. 163.3184(11), affirmative
37action shall require the approval of the Governor and at least
38three other members of the commission.
39     (2)  "Area" or "area of jurisdiction" means the total area
40qualifying under the provisions of this act, whether this be all
41of the lands lying within the limits of an incorporated
42municipality, lands in and adjacent to incorporated
43municipalities, all unincorporated lands within a county, or
44areas comprising combinations of the lands in incorporated
45municipalities and unincorporated areas of counties.
46     (3)  "Coastal area" means the 35 coastal counties and all
47coastal municipalities within their boundaries designated
48coastal by the state land planning agency.
49     (4)  "Comprehensive plan" means a plan that meets the
50requirements of ss. 163.3177 and 163.3178.
51     (5)  "Developer" means any person, including a governmental
52agency, undertaking any development as defined in this act.
53     (6)  "Development" has the meaning given it in s. 380.04.
54     (7)  "Development order" means any order granting, denying,
55or granting with conditions an application for a development
56permit.
57     (8)  "Development permit" includes any building permit,
58zoning permit, subdivision approval, rezoning, certification,
59special exception, variance, or any other official action of
60local government having the effect of permitting the development
61of land.
62     (9)  "Governing body" means the board of county
63commissioners of a county, the commission or council of an
64incorporated municipality, or any other chief governing body of
65a unit of local government, however designated, or the
66combination of such bodies where joint utilization of the
67provisions of this act is accomplished as provided herein.
68     (10)  "Governmental agency" means:
69     (a)  The United States or any department, commission,
70agency, or other instrumentality thereof.
71     (b)  This state or any department, commission, agency, or
72other instrumentality thereof.
73     (c)  Any local government, as defined in this section, or
74any department, commission, agency, or other instrumentality
75thereof.
76     (d)  Any school board or other special district, authority,
77or governmental entity.
78     (11)  "Land" means the earth, water, and air, above, below,
79or on the surface, and includes any improvements or structures
80customarily regarded as land.
81     (12)  "Land use" means the development that has occurred on
82the land, the development that is proposed by a developer on the
83land, or the use that is permitted or permissible on the land
84under an adopted comprehensive plan or element or portion
85thereof, land development regulations, or a land development
86code, as the context may indicate.
87     (13)  "Local government" means any county or municipality.
88     (14)  "Local mitigation strategy" means a local plan
89required under Section 322, Mitigation Planning, of the Robert
90T. Stafford Disaster Relief and Emergency Assistance Act,
91enacted by Section 104 of the Disaster Mitigation Act of 2000
92(Pub. L. No. 106-390) to promote hazard mitigation and to manage
93disaster redevelopment.
94     (15)(14)  "Local planning agency" means the agency
95designated to prepare the comprehensive plan or plan amendments
96required by this act.
97     (16)(15)  A "newspaper of general circulation" means a
98newspaper published at least on a weekly basis and printed in
99the language most commonly spoken in the area within which it
100circulates, but does not include a newspaper intended primarily
101for members of a particular professional or occupational group,
102a newspaper whose primary function is to carry legal notices, or
103a newspaper that is given away primarily to distribute
104advertising.
105     (17)(16)  "Parcel of land" means any quantity of land
106capable of being described with such definiteness that its
107locations and boundaries may be established, which is designated
108by its owner or developer as land to be used, or developed as, a
109unit or which has been used or developed as a unit.
110     (18)(17)  "Person" means an individual, corporation,
111governmental agency, business trust, estate, trust, partnership,
112association, two or more persons having a joint or common
113interest, or any other legal entity.
114     (19)(18)  "Public notice" means notice as required by s.
115125.66(2) for a county or by s. 166.041(3)(a) for a
116municipality. The public notice procedures required in this part
117are established as minimum public notice procedures.
118     (20)(19)  "Regional planning agency" means the agency
119designated by the state land planning agency to exercise
120responsibilities under law in a particular region of the state.
121     (21)(20)  "State land planning agency" means the Department
122of Community Affairs.
123     (22)(21)  "Structure" has the meaning given it by s.
124380.031(19).
125     (23)(22)  "Land development regulation commission" means a
126commission designated by a local government to develop and
127recommend, to the local governing body, land development
128regulations which implement the adopted comprehensive plan and
129to review land development regulations, or amendments thereto,
130for consistency with the adopted plan and report to the
131governing body regarding its findings. The responsibilities of
132the land development regulation commission may be performed by
133the local planning agency.
134     (24)(23)  "Land development regulations" means ordinances
135enacted by governing bodies for the regulation of any aspect of
136development and includes any local government zoning, rezoning,
137subdivision, building construction, or sign regulations or any
138other regulations controlling the development of land, except
139that this definition shall not apply in s. 163.3213.
140     (25)(24)  "Public facilities" means major capital
141improvements, including, but not limited to, transportation,
142sanitary sewer, solid waste, drainage, potable water,
143educational, parks and recreational, and health systems and
144facilities, and spoil disposal sites for maintenance dredging
145located in the intracoastal waterways, except for spoil disposal
146sites owned or used by ports listed in s. 403.021(9)(b).
147     (26)(25)  "Downtown revitalization" means the physical and
148economic renewal of a central business district of a community
149as designated by local government, and includes both downtown
150development and redevelopment.
151     (27)(26)  "Urban redevelopment" means demolition and
152reconstruction or substantial renovation of existing buildings
153or infrastructure within urban infill areas or existing urban
154service areas.
155     (28)(27)  "Urban infill" means the development of vacant
156parcels in otherwise built-up areas where public facilities such
157as sewer systems, roads, schools, and recreation areas are
158already in place and the average residential density is at least
159five dwelling units per acre, the average nonresidential
160intensity is at least a floor area ratio of 1.0 and vacant,
161developable land does not constitute more than 10 percent of the
162area.
163     (29)(28)  "Projects that promote public transportation"
164means projects that directly affect the provisions of public
165transit, including transit terminals, transit lines and routes,
166separate lanes for the exclusive use of public transit services,
167transit stops (shelters and stations), office buildings or
168projects that include fixed-rail or transit terminals as part of
169the building, and projects which are transit oriented and
170designed to complement reasonably proximate planned or existing
171public facilities.
172     (30)(29)  "Existing urban service area" means built-up
173areas where public facilities and services such as sewage
174treatment systems, roads, schools, and recreation areas are
175already in place.
176     (31)(30)  "Transportation corridor management" means the
177coordination of the planning of designated future transportation
178corridors with land use planning within and adjacent to the
179corridor to promote orderly growth, to meet the concurrency
180requirements of this chapter, and to maintain the integrity of
181the corridor for transportation purposes.
182     (32)(31)  "Optional sector plan" means an optional process
183authorized by s. 163.3245 in which one or more local governments
184by agreement with the state land planning agency are allowed to
185address development-of-regional-impact issues within certain
186designated geographic areas identified in the local
187comprehensive plan as a means of fostering innovative planning
188and development strategies in s. 163.3177(11)(a) and (b),
189furthering the purposes of this part and part I of chapter 380,
190reducing overlapping data and analysis requirements, protecting
191regionally significant resources and facilities, and addressing
192extrajurisdictional impacts.
193     Section 3.  Paragraphs (a) and (g) of subsection (6) of
194section 163.3177, Florida Statutes, are amended to read:
195     163.3177  Required and optional elements of comprehensive
196plan; studies and surveys.--
197     (6)  In addition to the requirements of subsections (1)-
198(5), the comprehensive plan shall include the following
199elements:
200     (a)  A future land use plan element designating proposed
201future general distribution, location, and extent of the uses of
202land for residential uses, commercial uses, industry,
203agriculture, recreation, conservation, education, public
204buildings and grounds, other public facilities, and other
205categories of the public and private uses of land. Each future
206land use category must be defined in terms of uses included, and
207must include standards to be followed in the control and
208distribution of population densities and building and structure
209intensities. The proposed distribution, location, and extent of
210the various categories of land use shall be shown on a land use
211map or map series which shall be supplemented by goals,
212policies, and measurable objectives. The future land use plan
213shall be based upon surveys, studies, and data regarding the
214area, including the amount of land required to accommodate
215anticipated growth; the projected population of the area; the
216character of undeveloped land; the availability of public
217services; the vulnerability to natural hazards and potential
218need for hazard mitigation; the need for redevelopment,
219including the renewal of blighted areas and the elimination of
220nonconforming uses which are inconsistent with the character of
221the community; and, in rural communities, the need for job
222creation, capital investment, and economic development that will
223strengthen and diversify the community's economy. The future
224land use plan may designate areas for future planned development
225use involving combinations of types of uses for which special
226regulations may be necessary to ensure development in accord
227with the principles and standards of the comprehensive plan and
228this act. In addition, for rural communities, the amount of land
229designated for future planned industrial use shall be based upon
230surveys and studies that reflect the need for job creation,
231capital investment, and the necessity to strengthen and
232diversify the local economies, and shall not be limited solely
233by the projected population of the rural community. The future
234land use plan of a county may also designate areas for possible
235future municipal incorporation. The land use maps or map series
236shall generally identify and depict historic district boundaries
237and shall designate historically significant properties meriting
238protection.  The future land use element must clearly identify
239the land use categories in which public schools are an allowable
240use.  When delineating the land use categories in which public
241schools are an allowable use, a local government shall include
242in the categories sufficient land proximate to residential
243development to meet the projected needs for schools in
244coordination with public school boards and may establish
245differing criteria for schools of different type or size.  Each
246local government shall include lands contiguous to existing
247school sites, to the maximum extent possible, within the land
248use categories in which public schools are an allowable use. All
249comprehensive plans must comply with the school siting
250requirements of this paragraph no later than October 1, 1999.
251The failure by a local government to comply with these school
252siting requirements by October 1, 1999, will result in the
253prohibition of the local government's ability to amend the local
254comprehensive plan, except for plan amendments described in s.
255163.3187(1)(b), until the school siting requirements are met.
256Amendments proposed by a local government for purposes of
257identifying the land use categories in which public schools are
258an allowable use or for adopting or amending the school-siting
259maps pursuant to s. 163.31776(3) are exempt from the limitation
260on the frequency of plan amendments contained in s. 163.3187.
261The future land use element shall include criteria that
262encourage the location of schools proximate to urban residential
263areas to the extent possible and shall require that the local
264government seek to collocate public facilities, such as parks,
265libraries, and community centers, with schools to the extent
266possible and to encourage the use of elementary schools as focal
267points for neighborhoods. For schools serving predominantly
268rural counties, defined as a county with a population of 100,000
269or fewer, an agricultural land use category shall be eligible
270for the location of public school facilities if the local
271comprehensive plan contains school siting criteria and the
272location is consistent with such criteria.
273     (g)  For those units of local government identified in s.
274380.24, a coastal management element, appropriately related to
275the particular requirements of paragraphs (d) and (e) and
276meeting the requirements of s. 163.3178(2) and(3).  The coastal
277management element shall set forth the policies that shall guide
278the local government's decisions and program implementation with
279respect to the following objectives:
280     1.  Maintenance, restoration, and enhancement of the
281overall quality of the coastal zone environment, including, but
282not limited to, its amenities and aesthetic values.
283     2.  Continued existence of viable populations of all
284species of wildlife and marine life.
285     3.  The orderly and balanced utilization and preservation,
286consistent with sound conservation principles, of all living and
287nonliving coastal zone resources.
288     4.  Avoidance of irreversible and irretrievable loss of
289coastal zone resources.
290     5.  Ecological planning principles and assumptions to be
291used in the determination of suitability and extent of permitted
292development.
293     6.  Proposed management and regulatory techniques.
294     7.  Limitation of public expenditures that subsidize
295development in high-hazard coastal areas.
296     8.  Protection of human life against the effects of natural
297disasters and implementation of hazard mitigation strategies.
298     9.  The orderly development, maintenance, and use of ports
299identified in s. 403.021(9) to facilitate deepwater commercial
300navigation and other related activities.
301     10.  Preservation, including sensitive adaptive use of
302historic and archaeological resources.
303     Section 4.  Paragraphs (d) and (f) of subsection (2) of
304section 163.3178, Florida Statutes, are amended, and subsection
305(9) is added to that section, to read:
306     163.3178  Coastal management.--
307     (2)  Each coastal management element required by s.
308163.3177(6)(g) shall be based on studies, surveys, and data; be
309consistent with coastal resource plans prepared and adopted
310pursuant to general or special law; and contain:
311     (d)  A component which outlines principles for hazard
312mitigation and protection of human life and property against the
313effects of natural disaster, including population evacuation and
314local mitigation strategies, which take into consideration the
315capability to safely evacuate the density of coastal population
316proposed in the future land use plan element in the event of an
317impending natural disaster.
318     (f)  A redevelopment component which outlines the
319principles which shall be used to eliminate inappropriate and
320unsafe development in the coastal areas when opportunities
321arise. In recognition of the need to balance redevelopment, the
322protection of human life and property, and public investment in
323infrastructure, as a demonstration project, up to five local
324governments or a combination of local governments may amend
325their comprehensive plans to allow for the redevelopment of
326coastal areas within the designated coastal high hazard area.
327The application must include the participation of the county
328emergency management agency, as provided in s. 252.38, in which
329the local government or local governments are located.
330     1.  To be eligible for the coastal redevelopment
331demonstration project, the following conditions must be met: the
332comprehensive plan delineates the Flood Insurance Rate Map
333zones, the Coastal Construction Control Line, and the Coastal
334Barrier Resources System Area (COBRA) units for the area subject
335to the coastal redevelopment strategy; the area is part of a
336comprehensive redevelopment strategy that will be incorporated
337into the comprehensive plan; the area has been designated in the
338comprehensive plan as an "urban infill and redevelopment area"
339pursuant to s. 163.2517; the area is not within a designated
340area of critical state concern; the comprehensive plan
341delineates the coastal high hazard area consistent with this
342part; and the county emergency management agency affirms in
343writing its intent to participate in the demonstration project.
344     2.  In order to allow for redevelopment within the coastal
345high hazard area beyond that provided in the existing approved
346comprehensive plan, the local government or combination of local
347governments, authorized by agreement pursuant to paragraph
348(9)(b) to pursue the demonstration project, shall adopt into the
349comprehensive plan a redevelopment strategy, consistent with the
350requirements of s. 163.3177(6)(a) and local mitigation
351strategies, which includes, at a minimum, the following
352components:
353     a.  Measures to reduce, replace, or eliminate unsafe
354structures and properties subject to repetitive damage from
355coastal storms and floods;
356     b.  Measures to reduce exposure of infrastructure to
357hazards, including relocation and structural modification of
358threatened coastal infrastructure;
359     c.  Operational and capacity improvements to ensure that
360the redevelopment strategy maintains or reduces throughout the
361planning timeframe the county hurricane evacuation clearance
362times as established in the most recent hurricane evacuation
363study or transportation analysis;
364     d.  If the county hurricane evacuation clearance times
365exceed 16 hours for a Category 3 storm event, measures to ensure
366that the redevelopment strategy reduces the county shelter
367deficit and hurricane clearance times to adequate levels below
36816 hours within the planning timeframe;
369     e.  Measures that provide for county evacuation shelter
370space to ensure that development authorized within the
371redevelopment area provides mitigation proportional to its
372impact to offset the increased demand on evacuation clearance
373times and public shelter space;
374     f.  Measures to ensure that public expenditures that
375subsidize development in the most vulnerable areas of the
376coastal high hazard area are limited to those expenditures
377needed to provide for public access to the beach and shoreline,
378restore beaches and dunes and other natural systems, correct
379existing hurricane evacuation deficiencies, or make facilities
380more disaster resistant;
381     g.  Measures that commit to planning and regulatory
382standards that exceed minimum National Flood Insurance
383Standards, including participation in the Community Rating
384System of the National Flood Insurance Program;
385     h.  Measures to ensure that the redevelopment strategy does
386not allow increases in development, including residential and
387transient residential development, such as hotels, motels,
388timeshares, and vacation rentals, within the most vulnerable
389areas of the coastal high hazard area, including the Flood
390Insurance Rate Map velocity zones, Coastal Barrier Resources
391System Area (COBRA) units, and areas subject to coastal erosion,
392including lands seaward of the coastal construction control
393line;
394     i.  Measures to ensure protection of coastal resources,
395including beach and dune systems, and provision for public
396access to the beach and shoreline consistent with estimated
397public needs;
398     j.  Data and analysis, including existing damage potential
399and the potential costs of damage to structures, property, and
400infrastructure under the redevelopment strategy, which would
401need to be less than that expected without the redevelopment
402strategy;
403     k.  Data and analysis forecasting the impacts on shelter
404capacity and hurricane evacuation clearance times, based on the
405population anticipated by the redevelopment strategy; and
406     l.  The execution of an interlocal agreement, as supporting
407data and analysis, between the local government or a combination
408of local governments participating in the demonstration project,
409together with their respective county emergency management
410agency and any affected municipalities, as needed, to implement
411mitigation strategies to reduce hurricane evacuation clearance
412times and public shelter deficit.
413
414The redevelopment strategy shall establish the preferred
415character of the community and how that will be achieved.
416     (9)(a)  A local government seeking to implement the coastal
417redevelopment demonstration project pursuant to paragraph (2)(f)
418must submit an application to the state land planning agency
419demonstrating that the project meets the conditions of
420subparagraph (2)(f)1. The application must include copies of the
421local government comprehensive plan and other relevant
422information supporting the proposed demonstration project. The
423state land planning agency may adopt procedural rules governing
424the submission and review of applications and may establish a
425phased schedule for review of applications. The state land
426planning agency shall provide the Federal Emergency Management
427Agency and the Division of Emergency Management with an
428opportunity to comment on the application.
429     (b)  If the local government meets the conditions of
430subparagraph (2)(f)1., the state land planning agency and the
431local government shall execute a written agreement that is a
432final agency action subject to challenge under s. 120.569. The
433written agreement must identify the area subject to the increase
434in development potential, including residential and transient
435residential development; state the amount of such increase;
436identify the most vulnerable areas not subject to increases in
437development; and describe how the conditions of subparagraph
438(2)(f)2. are to be met. The state land planning agency shall
439coordinate the review of hazard mitigation strategies with the
440Federal Emergency Management Agency and the Division of
441Emergency Management and include in the written agreement
442conditions necessary to be addressed in the comprehensive plan
443to meet the requirements of hurricane evacuation, shelter, and
444hazard mitigation. The agreement must specify procedures for
445public participation and intergovernmental coordination with the
446county emergency management agency and any affected
447municipalities regarding hurricane evacuation and shelter
448requirements. The local governments shall provide an opportunity
449for public comment at a public hearing before execution of the
450agreement. Upon execution of the written agreement, the local
451government may propose plan amendments that are authorized by
452the agreement; however, such plan amendments may not be adopted
453until the completion of any challenges to an agreement under s.
454120.569.
455     (c)  The state land planning agency shall provide a
456progress report on the demonstration project to the Governor,
457the President of the Senate, and the Speaker of the House of
458Representatives by February 1, 2006. In its report, the state
459land planning agency shall assess whether the program has
460successfully implemented mitigation strategies and whether the
461program should continue or be expanded to include additional
462communities.
463     Section 5.  Section 186.515, Florida Statutes, is amended
464to read:
465     186.515  Creation of regional planning councils under
466chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
467section 186.515 is intended to repeal or limit the provisions of
468chapter 163; however, the local general-purpose governments
469serving as voting members of the governing body of a regional
470planning council created pursuant to ss. 186.501-186.507,
471186.513, and this section 186.515 are not authorized to create a
472regional planning council pursuant to chapter 163 unless an
473agency, other than a regional planning council created pursuant
474to ss. 186.501-186.507, 186.513, and this section 186.515, is
475designated to exercise the powers and duties in any one or more
476of ss. 163.3164(20)(19) and 380.031(15); in which case, such a
477regional planning council is also without authority to exercise
478the powers and duties in s. 163.3164(20)(19) or s. 380.031(15).
479     Section 6.  Paragraph (a) of subsection (2) of section
480288.975, Florida Statutes, is amended to read:
481     288.975  Military base reuse plans.--
482     (2)  As used in this section, the term:
483     (a)  "Affected local government" means a local government
484adjoining the host local government and any other unit of local
485government that is not a host local government but that is
486identified in a proposed military base reuse plan as providing,
487operating, or maintaining one or more public facilities as
488defined in s. 163.3164(25)(24) on lands within or serving a
489military base designated for closure by the Federal Government.
490     Section 7.  Subsection (5) of section 369.303, Florida
491Statutes, is amended to read:
492     369.303  Definitions.--As used in this part:
493     (5)  "Land development regulation" means a regulation
494covered by the definition in s. 163.3164(24)(23) and any of the
495types of regulations described in s. 163.3202.
496     Section 8.  This act shall take effect upon becoming a law.


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