SENATE AMENDMENT
Bill No. SB 686
Amendment No. ___ Barcode 160356
CHAMBER ACTION
Senate House
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11 Senator Jones moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Popular name.--This act may be known by the
18 popular name and cited as the "Coastal Redevelopment Hazard
19 Mitigation Demonstration Project Act."
20 Section 2. Section 163.3164, Florida Statutes, is
21 amended to read:
22 163.3164 Local Government Comprehensive Planning and
23 Land Development Regulation Act; definitions.--As used in this
24 act:
25 (1) "Administration Commission" means the Governor and
26 the Cabinet, and for purposes of this chapter the commission
27 shall act on a simple majority vote, except that for purposes
28 of imposing the sanctions provided in s. 163.3184(11),
29 affirmative action shall require the approval of the Governor
30 and at least three other members of the commission.
31 (2) "Area" or "area of jurisdiction" means the total
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1 area qualifying under the provisions of this act, whether this
2 be all of the lands lying within the limits of an incorporated
3 municipality, lands in and adjacent to incorporated
4 municipalities, all unincorporated lands within a county, or
5 areas comprising combinations of the lands in incorporated
6 municipalities and unincorporated areas of counties.
7 (3) "Coastal area" means the 35 coastal counties and
8 all coastal municipalities within their boundaries designated
9 coastal by the state land planning agency.
10 (4) "Comprehensive plan" means a plan that meets the
11 requirements of ss. 163.3177 and 163.3178.
12 (5) "Developer" means any person, including a
13 governmental agency, undertaking any development as defined in
14 this act.
15 (6) "Development" has the meaning given it in s.
16 380.04.
17 (7) "Development order" means any order granting,
18 denying, or granting with conditions an application for a
19 development permit.
20 (8) "Development permit" includes any building permit,
21 zoning permit, subdivision approval, rezoning, certification,
22 special exception, variance, or any other official action of
23 local government having the effect of permitting the
24 development of land.
25 (9) "Governing body" means the board of county
26 commissioners of a county, the commission or council of an
27 incorporated municipality, or any other chief governing body
28 of a unit of local government, however designated, or the
29 combination of such bodies where joint utilization of the
30 provisions of this act is accomplished as provided herein.
31 (10) "Governmental agency" means:
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1 (a) The United States or any department, commission,
2 agency, or other instrumentality thereof.
3 (b) This state or any department, commission, agency,
4 or other instrumentality thereof.
5 (c) Any local government, as defined in this section,
6 or any department, commission, agency, or other
7 instrumentality thereof.
8 (d) Any school board or other special district,
9 authority, or governmental entity.
10 (11) "Land" means the earth, water, and air, above,
11 below, or on the surface, and includes any improvements or
12 structures customarily regarded as land.
13 (12) "Land use" means the development that has
14 occurred on the land, the development that is proposed by a
15 developer on the land, or the use that is permitted or
16 permissible on the land under an adopted comprehensive plan or
17 element or portion thereof, land development regulations, or a
18 land development code, as the context may indicate.
19 (13) "Local government" means any county or
20 municipality.
21 (14) "Local mitigation strategy" means a local plan
22 required under Section 322, Mitigation Planning, of the Robert
23 T. Stafford Disaster Relief and Emergency Assistance Act,
24 enacted by Section 104 of the Disaster Mitigation Act of 2000
25 (Pub. L. No. 106-390) to promote hazard mitigation and to
26 manage disaster redevelopment.
27 (15)(14) "Local planning agency" means the agency
28 designated to prepare the comprehensive plan or plan
29 amendments required by this act.
30 (16)(15) A "newspaper of general circulation" means a
31 newspaper published at least on a weekly basis and printed in
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1 the language most commonly spoken in the area within which it
2 circulates, but does not include a newspaper intended
3 primarily for members of a particular professional or
4 occupational group, a newspaper whose primary function is to
5 carry legal notices, or a newspaper that is given away
6 primarily to distribute advertising.
7 (17)(16) "Parcel of land" means any quantity of land
8 capable of being described with such definiteness that its
9 locations and boundaries may be established, which is
10 designated by its owner or developer as land to be used, or
11 developed as, a unit or which has been used or developed as a
12 unit.
13 (18)(17) "Person" means an individual, corporation,
14 governmental agency, business trust, estate, trust,
15 partnership, association, two or more persons having a joint
16 or common interest, or any other legal entity.
17 (19)(18) "Public notice" means notice as required by
18 s. 125.66(2) for a county or by s. 166.041(3)(a) for a
19 municipality. The public notice procedures required in this
20 part are established as minimum public notice procedures.
21 (20)(19) "Regional planning agency" means the agency
22 designated by the state land planning agency to exercise
23 responsibilities under law in a particular region of the
24 state.
25 (21)(20) "State land planning agency" means the
26 Department of Community Affairs.
27 (22)(21) "Structure" has the meaning given it by s.
28 380.031(19).
29 (23)(22) "Land development regulation commission"
30 means a commission designated by a local government to develop
31 and recommend, to the local governing body, land development
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1 regulations which implement the adopted comprehensive plan and
2 to review land development regulations, or amendments thereto,
3 for consistency with the adopted plan and report to the
4 governing body regarding its findings. The responsibilities of
5 the land development regulation commission may be performed by
6 the local planning agency.
7 (24)(23) "Land development regulations" means
8 ordinances enacted by governing bodies for the regulation of
9 any aspect of development and includes any local government
10 zoning, rezoning, subdivision, building construction, or sign
11 regulations or any other regulations controlling the
12 development of land, except that this definition shall not
13 apply in s. 163.3213.
14 (25)(24) "Public facilities" means major capital
15 improvements, including, but not limited to, transportation,
16 sanitary sewer, solid waste, drainage, potable water,
17 educational, parks and recreational, and health systems and
18 facilities, and spoil disposal sites for maintenance dredging
19 located in the intracoastal waterways, except for spoil
20 disposal sites owned or used by ports listed in s.
21 403.021(9)(b).
22 (26)(25) "Downtown revitalization" means the physical
23 and economic renewal of a central business district of a
24 community as designated by local government, and includes both
25 downtown development and redevelopment.
26 (27)(26) "Urban redevelopment" means demolition and
27 reconstruction or substantial renovation of existing buildings
28 or infrastructure within urban infill areas or existing urban
29 service areas.
30 (28)(27) "Urban infill" means the development of
31 vacant parcels in otherwise built-up areas where public
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1 facilities such as sewer systems, roads, schools, and
2 recreation areas are already in place and the average
3 residential density is at least five dwelling units per acre,
4 the average nonresidential intensity is at least a floor area
5 ratio of 1.0 and vacant, developable land does not constitute
6 more than 10 percent of the area.
7 (29)(28) "Projects that promote public transportation"
8 means projects that directly affect the provisions of public
9 transit, including transit terminals, transit lines and
10 routes, separate lanes for the exclusive use of public transit
11 services, transit stops (shelters and stations), office
12 buildings or projects that include fixed-rail or transit
13 terminals as part of the building, and projects which are
14 transit oriented and designed to complement reasonably
15 proximate planned or existing public facilities.
16 (30)(29) "Existing urban service area" means built-up
17 areas where public facilities and services such as sewage
18 treatment systems, roads, schools, and recreation areas are
19 already in place.
20 (31)(30) "Transportation corridor management" means
21 the coordination of the planning of designated future
22 transportation corridors with land use planning within and
23 adjacent to the corridor to promote orderly growth, to meet
24 the concurrency requirements of this chapter, and to maintain
25 the integrity of the corridor for transportation purposes.
26 (32)(31) "Optional sector plan" means an optional
27 process authorized by s. 163.3245 in which one or more local
28 governments by agreement with the state land planning agency
29 are allowed to address development-of-regional-impact issues
30 within certain designated geographic areas identified in the
31 local comprehensive plan as a means of fostering innovative
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1 planning and development strategies in s. 163.3177(11)(a) and
2 (b), furthering the purposes of this part and part I of
3 chapter 380, reducing overlapping data and analysis
4 requirements, protecting regionally significant resources and
5 facilities, and addressing extrajurisdictional impacts.
6 Section 3. Paragraphs (a) and (g) of subsection (6) of
7 section 163.3177, Florida Statutes, are amended to read:
8 163.3177 Required and optional elements of
9 comprehensive plan; studies and surveys.--
10 (6) In addition to the requirements of subsections
11 (1)-(5), the comprehensive plan shall include the following
12 elements:
13 (a) A future land use plan element designating
14 proposed future general distribution, location, and extent of
15 the uses of land for residential uses, commercial uses,
16 industry, agriculture, recreation, conservation, education,
17 public buildings and grounds, other public facilities, and
18 other categories of the public and private uses of land. Each
19 future land use category must be defined in terms of uses
20 included, and must include standards to be followed in the
21 control and distribution of population densities and building
22 and structure intensities. The proposed distribution,
23 location, and extent of the various categories of land use
24 shall be shown on a land use map or map series which shall be
25 supplemented by goals, policies, and measurable objectives.
26 The future land use plan shall be based upon surveys, studies,
27 and data regarding the area, including the amount of land
28 required to accommodate anticipated growth; the projected
29 population of the area; the character of undeveloped land; the
30 availability of public services; the vulnerability to natural
31 hazards and potential need for hazard mitigation; the need for
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1 redevelopment, including the renewal of blighted areas and the
2 elimination of nonconforming uses which are inconsistent with
3 the character of the community; and, in rural communities, the
4 need for job creation, capital investment, and economic
5 development that will strengthen and diversify the community's
6 economy. The future land use plan may designate areas for
7 future planned development use involving combinations of types
8 of uses for which special regulations may be necessary to
9 ensure development in accord with the principles and standards
10 of the comprehensive plan and this act. In addition, for rural
11 communities, the amount of land designated for future planned
12 industrial use shall be based upon surveys and studies that
13 reflect the need for job creation, capital investment, and the
14 necessity to strengthen and diversify the local economies, and
15 shall not be limited solely by the projected population of the
16 rural community. The future land use plan of a county may also
17 designate areas for possible future municipal incorporation.
18 The land use maps or map series shall generally identify and
19 depict historic district boundaries and shall designate
20 historically significant properties meriting protection. The
21 future land use element must clearly identify the land use
22 categories in which public schools are an allowable use. When
23 delineating the land use categories in which public schools
24 are an allowable use, a local government shall include in the
25 categories sufficient land proximate to residential
26 development to meet the projected needs for schools in
27 coordination with public school boards and may establish
28 differing criteria for schools of different type or
29 size. Each local government shall include lands contiguous to
30 existing school sites, to the maximum extent possible, within
31 the land use categories in which public schools are an
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1 allowable use. All comprehensive plans must comply with the
2 school siting requirements of this paragraph no later than
3 October 1, 1999. The failure by a local government to comply
4 with these school siting requirements by October 1, 1999, will
5 result in the prohibition of the local government's ability to
6 amend the local comprehensive plan, except for plan amendments
7 described in s. 163.3187(1)(b), until the school siting
8 requirements are met. Amendments proposed by a local
9 government for purposes of identifying the land use categories
10 in which public schools are an allowable use or for adopting
11 or amending the school-siting maps pursuant to s. 163.31776(3)
12 are exempt from the limitation on the frequency of plan
13 amendments contained in s. 163.3187. The future land use
14 element shall include criteria that encourage the location of
15 schools proximate to urban residential areas to the extent
16 possible and shall require that the local government seek to
17 collocate public facilities, such as parks, libraries, and
18 community centers, with schools to the extent possible and to
19 encourage the use of elementary schools as focal points for
20 neighborhoods. For schools serving predominantly rural
21 counties, defined as a county with a population of 100,000 or
22 fewer, an agricultural land use category shall be eligible for
23 the location of public school facilities if the local
24 comprehensive plan contains school siting criteria and the
25 location is consistent with such criteria.
26 (g) For those units of local government identified in
27 s. 380.24, a coastal management element, appropriately related
28 to the particular requirements of paragraphs (d) and (e) and
29 meeting the requirements of s. 163.3178(2) and(3). The
30 coastal management element shall set forth the policies that
31 shall guide the local government's decisions and program
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1 implementation with respect to the following objectives:
2 1. Maintenance, restoration, and enhancement of the
3 overall quality of the coastal zone environment, including,
4 but not limited to, its amenities and aesthetic values.
5 2. Continued existence of viable populations of all
6 species of wildlife and marine life.
7 3. The orderly and balanced utilization and
8 preservation, consistent with sound conservation principles,
9 of all living and nonliving coastal zone resources.
10 4. Avoidance of irreversible and irretrievable loss of
11 coastal zone resources.
12 5. Ecological planning principles and assumptions to
13 be used in the determination of suitability and extent of
14 permitted development.
15 6. Proposed management and regulatory techniques.
16 7. Limitation of public expenditures that subsidize
17 development in high-hazard coastal areas.
18 8. Protection of human life against the effects of
19 natural disasters and implementation of hazard mitigation
20 strategies.
21 9. The orderly development, maintenance, and use of
22 ports identified in s. 403.021(9) to facilitate deepwater
23 commercial navigation and other related activities.
24 10. Preservation, including sensitive adaptive use of
25 historic and archaeological resources.
26 Section 4. Paragraphs (d) and (f) of subsection (2) of
27 section 163.3178, Florida Statutes, are amended, and
28 subsection (9) is added to that section, to read:
29 163.3178 Coastal management.--
30 (2) Each coastal management element required by s.
31 163.3177(6)(g) shall be based on studies, surveys, and data;
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1 be consistent with coastal resource plans prepared and adopted
2 pursuant to general or special law; and contain:
3 (d) A component which outlines principles for hazard
4 mitigation and protection of human life and property against
5 the effects of natural disaster, including population
6 evacuation and local mitigation strategies, which take into
7 consideration the capability to safely evacuate the density of
8 coastal population proposed in the future land use plan
9 element in the event of an impending natural disaster.
10 (f) A redevelopment component which outlines the
11 principles which shall be used to eliminate inappropriate and
12 unsafe development in the coastal areas when opportunities
13 arise. In recognition of the need to balance redevelopment,
14 the protection of human life and property, and public
15 investment in infrastructure, as a demonstration project, up
16 to five local governments or a combination of local
17 governments may amend their comprehensive plans to allow for
18 the redevelopment of coastal areas within the designated
19 coastal high hazard area. The application must include the
20 participation of the county emergency management agency, as
21 provided in s. 252.38, in which the local government or local
22 governments are located.
23 1. To be eligible for the coastal redevelopment
24 demonstration project, the following conditions must be met:
25 the comprehensive plan delineates the Flood Insurance Rate Map
26 zones, the Coastal Construction Control Line, and the Coastal
27 Barrier Resources System Area (COBRA) units for the area
28 subject to the coastal redevelopment strategy; the area is
29 part of a comprehensive redevelopment strategy that will be
30 incorporated into the comprehensive plan; the area has been
31 designated in the comprehensive plan as an "urban infill and
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1 redevelopment area" pursuant to s. 163.2517; the area is not
2 within a designated area of critical state concern; the
3 comprehensive plan delineates the coastal high hazard area
4 consistent with this part; and the county emergency management
5 agency affirms in writing its intent to participate in the
6 demonstration project.
7 2. In order to allow for redevelopment within the
8 coastal high hazard area beyond that provided in the existing
9 approved comprehensive plan, the local government or
10 combination of local governments, authorized by agreement
11 pursuant to paragraph (9)(b) to pursue the demonstration
12 project, shall adopt into the comprehensive plan a
13 redevelopment strategy, consistent with the requirements of s.
14 163.3177(6)(a) and local mitigation strategies, which
15 includes, at a minimum, the following components:
16 a. Measures to reduce, replace, or eliminate unsafe
17 structures and properties subject to repetitive damage from
18 coastal storms and floods;
19 b. Measures to reduce exposure of infrastructure to
20 hazards, including relocation and structural modification of
21 threatened coastal infrastructure;
22 c. Operational and capacity improvements to ensure
23 that the redevelopment strategy maintains or reduces
24 throughout the planning timeframe the county hurricane
25 evacuation clearance times as established in the most recent
26 hurricane evacuation study or transportation analysis;
27 d. If the county hurricane evacuation clearance times
28 exceed 16 hours for a Category 3 storm event, measures to
29 ensure that the redevelopment strategy reduces the county
30 shelter deficit and hurricane clearance times to adequate
31 levels below 16 hours within the planning timeframe;
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1 e. Measures that provide for county evacuation shelter
2 space to ensure that development authorized within the
3 redevelopment area provides mitigation proportional to its
4 impact to offset the increased demand on evacuation clearance
5 times and public shelter space;
6 f. Measures to ensure that public expenditures that
7 subsidize development in the most vulnerable areas of the
8 coastal high hazard area are limited to those expenditures
9 needed to provide for public access to the beach and
10 shoreline, restore beaches and dunes and other natural
11 systems, correct existing hurricane evacuation deficiencies,
12 or make facilities more disaster resistant;
13 g. Measures that commit to planning and regulatory
14 standards that exceed minimum National Flood Insurance
15 Standards, including participation in the Community Rating
16 System of the National Flood Insurance Program;
17 h. Measures to ensure that the redevelopment strategy
18 does not allow increases in development, including residential
19 and transient residential development, such as hotels, motels,
20 timeshares, and vacation rentals, within the most vulnerable
21 areas of the coastal high hazard area, including the Flood
22 Insurance Rate Map velocity zones, Coastal Barrier Resources
23 System Area (COBRA) units, and areas subject to coastal
24 erosion, including lands seaward of the coastal construction
25 control line;
26 i. Measures to ensure protection of coastal resources,
27 including beach and dune systems, and provision for public
28 access to the beach and shoreline consistent with estimated
29 public needs;
30 j. Data and analysis, including existing damage
31 potential and the potential costs of damage to structures,
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1 property, and infrastructure under the redevelopment strategy,
2 which would need to be less than that expected without the
3 redevelopment strategy;
4 k. Data and analysis forecasting the impacts on
5 shelter capacity and hurricane evacuation clearance times,
6 based on the population anticipated by the redevelopment
7 strategy; and
8 l. The execution of an interlocal agreement, as
9 supporting data and analysis, between the local government or
10 a combination of local governments participating in the
11 demonstration project, together with their respective county
12 emergency management agency and any affected municipalities,
13 as needed, to implement mitigation strategies to reduce
14 hurricane evacuation clearance times and public shelter
15 deficit.
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17 The redevelopment strategy shall establish the preferred
18 character of the community and how that will be achieved.
19 (9)(a) A local government seeking to implement the
20 coastal redevelopment demonstration project pursuant to
21 paragraph (2)(f) must submit an application to the state land
22 planning agency demonstrating that the project meets the
23 conditions of subparagraph (2)(f)1. The application must
24 include copies of the local government comprehensive plan and
25 other relevant information supporting the proposed
26 demonstration project. The state land planning agency may
27 adopt procedural rules governing the submission and review of
28 applications and may establish a phased schedule for review of
29 applications. The state land planning agency shall provide the
30 Federal Emergency Management Agency and the Division of
31 Emergency Management with an opportunity to comment on the
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1 application.
2 (b) If the local government meets the conditions of
3 subparagraph (2)(f)1., the state land planning agency and the
4 local government shall execute a written agreement that is a
5 final agency action subject to challenge under s. 120.569. The
6 written agreement must identify the area subject to the
7 increase in development potential, including residential and
8 transient residential development; state the amount of such
9 increase; identify the most vulnerable areas not subject to
10 increases in development; and describe how the conditions of
11 subparagraph (2)(f)2. are to be met. The state land planning
12 agency shall coordinate the review of hazard mitigation
13 strategies with the Federal Emergency Management Agency and
14 the Division of Emergency Management and include in the
15 written agreement conditions necessary to be addressed in the
16 comprehensive plan to meet the requirements of hurricane
17 evacuation, shelter, and hazard mitigation. The agreement must
18 specify procedures for public participation and
19 intergovernmental coordination with the county emergency
20 management agency and any affected municipalities regarding
21 hurricane evacuation and shelter requirements. The local
22 governments shall provide an opportunity for public comment at
23 a public hearing before execution of the agreement. Upon
24 execution of the written agreement, the local government may
25 propose plan amendments that are authorized by the agreement;
26 however, such plan amendments may not be adopted until the
27 completion of any challenges to an agreement under s. 120.569.
28 (c) The state land planning agency shall provide a
29 progress report on the demonstration project to the Governor,
30 the President of the Senate, and the Speaker of the House of
31 Representatives by February 1, 2006. In its report, the state
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1 land planning agency shall assess whether the program has
2 successfully implemented mitigation strategies and whether the
3 program should continue or be expanded to include additional
4 communities.
5 Section 5. Section 186.515, Florida Statutes, is
6 amended to read:
7 186.515 Creation of regional planning councils under
8 chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
9 this section 186.515 is intended to repeal or limit the
10 provisions of chapter 163; however, the local general-purpose
11 governments serving as voting members of the governing body of
12 a regional planning council created pursuant to ss.
13 186.501-186.507, 186.513, and this section 186.515 are not
14 authorized to create a regional planning council pursuant to
15 chapter 163 unless an agency, other than a regional planning
16 council created pursuant to ss. 186.501-186.507, 186.513, and
17 this section 186.515, is designated to exercise the powers and
18 duties in any one or more of ss. 163.3164(20)(19) and
19 380.031(15); in which case, such a regional planning council
20 is also without authority to exercise the powers and duties in
21 s. 163.3164(20)(19) or s. 380.031(15).
22 Section 6. Paragraph (a) of subsection (2) of section
23 288.975, Florida Statutes, is amended to read:
24 288.975 Military base reuse plans.--
25 (2) As used in this section, the term:
26 (a) "Affected local government" means a local
27 government adjoining the host local government and any other
28 unit of local government that is not a host local government
29 but that is identified in a proposed military base reuse plan
30 as providing, operating, or maintaining one or more public
31 facilities as defined in s. 163.3164(25)(24) on lands within
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1 or serving a military base designated for closure by the
2 Federal Government.
3 Section 7. Subsection (5) of section 369.303, Florida
4 Statutes, is amended to read:
5 369.303 Definitions.--As used in this part:
6 (5) "Land development regulation" means a regulation
7 covered by the definition in s. 163.3164(24)(23) and any of
8 the types of regulations described in s. 163.3202.
9 Section 8. This act shall take effect upon becoming a
10 law.
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14 And the title is amended as follows:
15 Delete everything before the enacting clause
16
17 and insert:
18 A bill to be entitled
19 An act relating to coastal redevelopment hazard
20 mitigation; providing a popular name; amending
21 s. 163.3164, F.S.; defining the term "local
22 mitigation strategy"; amending s. 163.3177,
23 F.S.; providing an additional requirement for a
24 local government's comprehensive plan
25 concerning hazard mitigation; amending s.
26 163.3178, F.S.; revising provisions with
27 respect to coastal management; authorizing a
28 demonstration project in certain counties to
29 allow for the redevelopment of coastal areas
30 within the designated coastal high hazard area;
31 providing conditions; providing for application
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1 by a local government; providing for a written
2 agreement between the state land planning
3 agency and the local government; providing for
4 a progress report; amending ss. 186.515,
5 288.975, and 369.303, F.S.; correcting cross
6 references to conform; providing an effective
7 date.
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