Senate Bill sb1160c1

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    Florida Senate - 2005                           CS for SB 1160

    By the Committee on Community Affairs





    578-1936-05

  1                      A bill to be entitled

  2         An act relating to comprehensive planning and

  3         land development; amending s. 163.3164, F.S.;

  4         defining the term "antiquated subdivision" for

  5         purposes of the Local Government Comprehensive

  6         Planning and Land Development Regulation Act;

  7         amending s. 163.3177, F.S.; requiring that the

  8         future land use plan element of a comprehensive

  9         plan identify areas where the local government

10         seeks to consolidate or vacate platted or

11         subdivided lots; providing an exception;

12         requiring that a local government address

13         necessary plan amendments related to antiquated

14         subdivisions by a specified time; providing

15         that the governing body of a local government

16         may not seek to consolidate or vacate all or

17         part of a subdivision under certain

18         circumstances; providing that the definition of

19         an antiquated subdivision does not apply under

20         certain circumstances; providing an effective

21         date.

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

24  

25         Section 1.  Subsection (32) is added to section

26  163.3164, Florida Statutes, to read:

27         163.3164  Local Government Comprehensive Planning and

28  Land Development Regulation Act; definitions.--As used in this

29  act:

30         (32)  "Antiquated subdivision" means a subdivision, or

31  a large number of lots within a platted subdivision, in which:

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    Florida Senate - 2005                           CS for SB 1160
    578-1936-05




 1         (a)  The plat of the subdivision was recorded as

 2  provided by law before 1980 or was otherwise approved pursuant

 3  to law before 1980;

 4         (b)  Less than 20 percent of the total subdivision area

 5  has been built in accordance with the subdivision's zoned or

 6  land-use purposes; and

 7         (c)  The continued buildout of the subdivision would

 8  cause an imbalance of land uses and would be detrimental to

 9  the local and regional economies and environment, hinder

10  current planning practices, and lead to inefficient

11  development patterns.

12         Section 2.  Paragraph (a) of subsection (6) of section

13  163.3177, Florida Statutes, is amended to read:

14         163.3177  Required and optional elements of

15  comprehensive plan; studies and surveys.--

16         (6)  In addition to the requirements of subsections

17  (1)-(5), the comprehensive plan shall include the following

18  elements:

19         (a)  A future land use plan element designating

20  proposed future general distribution, location, and extent of

21  the uses of land for residential uses, commercial uses,

22  industry, agriculture, recreation, conservation, education,

23  public buildings and grounds, other public facilities, and

24  other categories of the public and private uses of land.

25  Counties are encouraged to designate rural land stewardship

26  areas, pursuant to the provisions of paragraph (11)(d), as

27  overlays on the future land use map. Each future land use

28  category must be defined in terms of uses included, and must

29  include standards to be followed in the control and

30  distribution of population densities and building and

31  structure intensities. The proposed distribution, location,

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    Florida Senate - 2005                           CS for SB 1160
    578-1936-05




 1  and extent of the various categories of land use shall be

 2  shown on a land use map or map series which shall be

 3  supplemented by goals, policies, and measurable objectives.

 4  The future land use plan shall be based upon surveys, studies,

 5  and data regarding the area, including the amount of land

 6  required to accommodate anticipated growth; the projected

 7  population of the area; the character of undeveloped land; the

 8  availability of public services; the need for redevelopment,

 9  including the renewal of blighted areas and the elimination of

10  nonconforming uses which are inconsistent with the character

11  of the community; the compatibility of uses on lands adjacent

12  to or closely proximate to military installations; and, in

13  rural communities, the need for job creation, capital

14  investment, and economic development that will strengthen and

15  diversify the community's economy. The future land use plan

16  may designate areas for future planned development use

17  involving combinations of types of uses for which special

18  regulations may be necessary to ensure development in accord

19  with the principles and standards of the comprehensive plan

20  and this act. The future land use plan element shall include

21  criteria to be used to achieve the compatibility of adjacent

22  or closely proximate lands with military installations. In

23  addition, for rural communities, the amount of land designated

24  for future planned industrial use shall be based upon surveys

25  and studies that reflect the need for job creation, capital

26  investment, and the necessity to strengthen and diversify the

27  local economies, and shall not be limited solely by the

28  projected population of the rural community. The future land

29  use plan of a county may also designate areas for possible

30  future municipal incorporation. The future land use plan

31  element must identify any antiquated subdivision where the

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    Florida Senate - 2005                           CS for SB 1160
    578-1936-05




 1  local government seeks to consolidate platted or subdivided

 2  lots and the vacation of all or a portion of such lots to

 3  allow appropriate development, redevelopment, or reassembly or

 4  any other use, provided there is no diminishment of densities

 5  already vested without consent of the owner. The land use maps

 6  or map series shall generally identify and depict historic

 7  district boundaries and shall designate historically

 8  significant properties meriting protection.  The future land

 9  use element must clearly identify the land use categories in

10  which public schools are an allowable use.  When delineating

11  the land use categories in which public schools are an

12  allowable use, a local government shall include in the

13  categories sufficient land proximate to residential

14  development to meet the projected needs for schools in

15  coordination with public school boards and may establish

16  differing criteria for schools of different type or size.

17  Each local government shall include lands contiguous to

18  existing school sites, to the maximum extent possible, within

19  the land use categories in which public schools are an

20  allowable use. All comprehensive plans must comply with the

21  school siting requirements of this paragraph no later than

22  October 1, 1999. The failure by a local government to comply

23  with these school siting requirements by October 1, 1999, will

24  result in the prohibition of the local government's ability to

25  amend the local comprehensive plan, except for plan amendments

26  described in s. 163.3187(1)(b), until the school siting

27  requirements are met. Amendments proposed by a local

28  government for purposes of identifying the land use categories

29  in which public schools are an allowable use or for adopting

30  or amending the school-siting maps pursuant to s. 163.31776(3)

31  are exempt from the limitation on the frequency of plan

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    Florida Senate - 2005                           CS for SB 1160
    578-1936-05




 1  amendments contained in s. 163.3187. The future land use

 2  element shall include criteria that encourage the location of

 3  schools proximate to urban residential areas to the extent

 4  possible and shall require that the local government seek to

 5  collocate public facilities, such as parks, libraries, and

 6  community centers, with schools to the extent possible and to

 7  encourage the use of elementary schools as focal points for

 8  neighborhoods. For schools serving predominantly rural

 9  counties, defined as a county with a population of 100,000 or

10  fewer, an agricultural land use category shall be eligible for

11  the location of public school facilities if the local

12  comprehensive plan contains school siting criteria and the

13  location is consistent with such criteria. Local governments

14  required to update or amend their comprehensive plan to

15  include criteria and address compatibility of adjacent or

16  closely proximate lands with existing military installations

17  in their future land use plan element shall transmit the

18  update or amendment to the department by June 30, 2006. If a

19  plan amendment is needed to address requirements related to

20  the consolidation or vacation of platted or subdivided lands

21  in antiquated subdivisions, the amendment must be addressed in

22  the first evaluation and appraisal report that is due to be

23  submitted after July 1, 2008.

24         Section 3.  The governing body of a local government

25  may not seek to consolidate or vacate all or part of a

26  subdivision if 30 percent or more of the lands in the

27  subdivision are in single ownership and that owner does not

28  consent to the consolidation or vacation.

29         Section 4.  Notwithstanding section 163.3164(32),

30  Florida Statutes, the definition of an antiquated subdivision

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    Florida Senate - 2005                           CS for SB 1160
    578-1936-05




 1  does not apply to a subdivision that has been approved or

 2  recorded again no later than July 1, 2006.

 3         Section 5.  This act shall take effect July 1, 2005.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                         Senate Bill 1160

 7                                 

 8  The CS provides that there shall be no diminishment of
    densities already vested without consent of the owner where a
 9  local government seeks to consolidate lands in an antiquated
    subdivision.
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    The CS prohibits a local government from consolidating or
11  vacating all or part of a subdivision if more than 30 percent
    of the lands are in single ownership and the landowner does
12  not consent. Additionally, it provides a "curing period" to
    allow for the recording or approval of a subdivision by July
13  1, 2006, so that the subdivision is not included within the
    definition of "antiquated subdivision."
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