Amendment
Bill No. 1865

Amendment No. 424489

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Rice offered the following:
2
3	Amendment (with directory and title amendments)
4	Between lines 4391 and 4392, insert:
5
6	Section 39.  Section 163.3164, Florida Statutes, is amended
7	to read:
8	163.3164  Local Government Comprehensive Planning and Land
9	Development Regulation Act; definitions.--As used in this act:
10	(1)  "Administration Commission" means the Governor and the
11	Cabinet, and for purposes of this chapter the commission shall
12	act on a simple majority vote, except that for purposes of
13	imposing the sanctions provided in s. 163.3184(11), affirmative
14	action shall require the approval of the Governor and at least
15	three other members of the commission.
16	(2)  "Area" or "area of jurisdiction" means the total area
17	qualifying under the provisions of this act, whether this be all
18	of the lands lying within the limits of an incorporated
19	municipality, lands in and adjacent to incorporated
20	municipalities, all unincorporated lands within a county, or
21	areas comprising combinations of the lands in incorporated
22	municipalities and unincorporated areas of counties.
23	(3)  "Coastal area" means the 35 coastal counties and all
24	coastal municipalities within their boundaries designated
25	coastal by the state land planning agency.
26	(4)  "Comprehensive plan" means a plan that meets the
27	requirements of ss. 163.3177 and 163.3178.
28	(5)  "Developer" means any person, including a governmental
29	agency, undertaking any development as defined in this act.
30	(6)  "Development" has the meaning given it in s. 380.04.
31	(7)  "Development order" means any order granting, denying,
32	or granting with conditions an application for a development
33	permit.
34	(8)  "Development permit" includes any building permit,
35	zoning permit, subdivision approval, rezoning, certification,
36	special exception, variance, or any other official action of
37	local government having the effect of permitting the development
38	of land.
39	(9)  "Governing body" means the board of county
40	commissioners of a county, the commission or council of an
41	incorporated municipality, or any other chief governing body of
42	a unit of local government, however designated, or the
43	combination of such bodies where joint utilization of the
44	provisions of this act is accomplished as provided herein.
45	(10)  "Governmental agency" means:
46	(a)  The United States or any department, commission,
47	agency, or other instrumentality thereof.
48	(b)  This state or any department, commission, agency, or
49	other instrumentality thereof.
50	(c)  Any local government, as defined in this section, or
51	any department, commission, agency, or other instrumentality
52	thereof.
53	(d)  Any school board or other special district, authority,
54	or governmental entity.
55	(11)  "Land" means the earth, water, and air, above, below,
56	or on the surface, and includes any improvements or structures
57	customarily regarded as land.
58	(12)  "Land use" means the development that has occurred on
59	the land, the development that is proposed by a developer on the
60	land, or the use that is permitted or permissible on the land
61	under an adopted comprehensive plan or element or portion
62	thereof, land development regulations, or a land development
63	code, as the context may indicate.
64	(13)  "Local government" means any county or municipality.
65	(14)  "Local mitigation strategy" means a local plan
66	required under Section 322, Mitigation Planning, of the Robert
67	T. Stafford Disaster Relief and Emergency Assistance Act,
68	enacted by Section 104 of the Disaster Mitigation Act of 2000
69	(Pub. L. No. 106-390) to promote hazard mitigation and to manage
70	disaster redevelopment.
71	(15)(14)  "Local planning agency" means the agency
72	designated to prepare the comprehensive plan or plan amendments
73	required by this act.
74	(16)(15)  A "newspaper of general circulation" means a
75	newspaper published at least on a weekly basis and printed in
76	the language most commonly spoken in the area within which it
77	circulates, but does not include a newspaper intended primarily
78	for members of a particular professional or occupational group,
79	a newspaper whose primary function is to carry legal notices, or
80	a newspaper that is given away primarily to distribute
81	advertising.
82	(17)(16)  "Parcel of land" means any quantity of land
83	capable of being described with such definiteness that its
84	locations and boundaries may be established, which is designated
85	by its owner or developer as land to be used, or developed as, a
86	unit or which has been used or developed as a unit.
87	(18)(17)  "Person" means an individual, corporation,
88	governmental agency, business trust, estate, trust, partnership,
89	association, two or more persons having a joint or common
90	interest, or any other legal entity.
91	(19)(18)  "Public notice" means notice as required by s.
92	125.66(2) for a county or by s. 166.041(3)(a) for a
93	municipality. The public notice procedures required in this part
94	are established as minimum public notice procedures.
95	(20)(19)  "Regional planning agency" means the agency
96	designated by the state land planning agency to exercise
97	responsibilities under law in a particular region of the state.
98	(21)(20)  "State land planning agency" means the Department
99	of Community Affairs.
100	(22)(21)  "Structure" has the meaning given it by s.
101	380.031(19).
102	(23)(22)  "Land development regulation commission" means a
103	commission designated by a local government to develop and
104	recommend, to the local governing body, land development
105	regulations which implement the adopted comprehensive plan and
106	to review land development regulations, or amendments thereto,
107	for consistency with the adopted plan and report to the
108	governing body regarding its findings. The responsibilities of
109	the land development regulation commission may be performed by
110	the local planning agency.
111	(24)(23)  "Land development regulations" means ordinances
112	enacted by governing bodies for the regulation of any aspect of
113	development and includes any local government zoning, rezoning,
114	subdivision, building construction, or sign regulations or any
115	other regulations controlling the development of land, except
116	that this definition shall not apply in s. 163.3213.
117	(25)(24)  "Public facilities" means major capital
118	improvements, including, but not limited to, transportation,
119	sanitary sewer, solid waste, drainage, potable water,
120	educational, parks and recreational, and health systems and
121	facilities, and spoil disposal sites for maintenance dredging
122	located in the intracoastal waterways, except for spoil disposal
123	sites owned or used by ports listed in s. 403.021(9)(b).
124	(26)(25)  "Downtown revitalization" means the physical and
125	economic renewal of a central business district of a community
126	as designated by local government, and includes both downtown
127	development and redevelopment.
128	(27)(26)  "Urban redevelopment" means demolition and
129	reconstruction or substantial renovation of existing buildings
130	or infrastructure within urban infill areas or existing urban
131	service areas.
132	(28)(27)  "Urban infill" means the development of vacant
133	parcels in otherwise built-up areas where public facilities such
134	as sewer systems, roads, schools, and recreation areas are
135	already in place and the average residential density is at least
136	five dwelling units per acre, the average nonresidential
137	intensity is at least a floor area ratio of 1.0 and vacant,
138	developable land does not constitute more than 10 percent of the
139	area.
140	(29)(28)  "Projects that promote public transportation"
141	means projects that directly affect the provisions of public
142	transit, including transit terminals, transit lines and routes,
143	separate lanes for the exclusive use of public transit services,
144	transit stops (shelters and stations), office buildings or
145	projects that include fixed-rail or transit terminals as part of
146	the building, and projects which are transit oriented and
147	designed to complement reasonably proximate planned or existing
148	public facilities.
149	(30)(29)  "Existing urban service area" means built-up
150	areas where public facilities and services such as sewage
151	treatment systems, roads, schools, and recreation areas are
152	already in place.
153	(31)(30)  "Transportation corridor management" means the
154	coordination of the planning of designated future transportation
155	corridors with land use planning within and adjacent to the
156	corridor to promote orderly growth, to meet the concurrency
157	requirements of this chapter, and to maintain the integrity of
158	the corridor for transportation purposes.
159	(32)(31)  "Optional sector plan" means an optional process
160	authorized by s. 163.3245 in which one or more local governments
161	by agreement with the state land planning agency are allowed to
162	address development-of-regional-impact issues within certain
163	designated geographic areas identified in the local
164	comprehensive plan as a means of fostering innovative planning
165	and development strategies in s. 163.3177(11)(a) and (b),
166	furthering the purposes of this part and part I of chapter 380,
167	reducing overlapping data and analysis requirements, protecting
168	regionally significant resources and facilities, and addressing
169	extrajurisdictional impacts.
170	Section 40.  Paragraphs (a) and (g) of subsection (6) of
171	section 163.3177, Florida Statutes, are amended to read:
172	163.3177  Required and optional elements of comprehensive
173	plan; studies and surveys.--
174	(6)  In addition to the requirements of subsections
175	(1)-(5), the comprehensive plan shall include the following
176	elements:
177	(a)  A future land use plan element designating proposed
178	future general distribution, location, and extent of the uses of
179	land for residential uses, commercial uses, industry,
180	agriculture, recreation, conservation, education, public
181	buildings and grounds, other public facilities, and other
182	categories of the public and private uses of land. Counties are
183	encouraged to designate rural land stewardship areas, pursuant
184	to the provisions of paragraph (11)(d), as overlays on the
185	future land use map. Each future land use category must be
186	defined in terms of uses included, and must include standards to
187	be followed in the control and distribution of population
188	densities and building and structure intensities. The proposed
189	distribution, location, and extent of the various categories of
190	land use shall be shown on a land use map or map series which
191	shall be supplemented by goals, policies, and measurable
192	objectives. The future land use plan shall be based upon
193	surveys, studies, and data regarding the area, including the
194	amount of land required to accommodate anticipated growth; the
195	projected population of the area; the character of undeveloped
196	land; the availability of public services; the vulnerability to
197	natural hazards and the potential need for hazard mitigation;
198	the need for redevelopment, including the renewal of blighted
199	areas and the elimination of nonconforming uses which are
200	inconsistent with the character of the community; the
201	compatibility of uses on lands adjacent to or closely proximate
202	to military installations; and, in rural communities, the need
203	for job creation, capital investment, and economic development
204	that will strengthen and diversify the community's economy. The
205	future land use plan may designate areas for future planned
206	development use involving combinations of types of uses for
207	which special regulations may be necessary to ensure development
208	in accord with the principles and standards of the comprehensive
209	plan and this act. The future land use plan element shall
210	include criteria to be used to achieve the compatibility of
211	adjacent or closely proximate lands with military installations.
212	In addition, for rural communities, the amount of land
213	designated for future planned industrial use shall be based upon
214	surveys and studies that reflect the need for job creation,
215	capital investment, and the necessity to strengthen and
216	diversify the local economies, and shall not be limited solely
217	by the projected population of the rural community. The future
218	land use plan of a county may also designate areas for possible
219	future municipal incorporation. The land use maps or map series
220	shall generally identify and depict historic district boundaries
221	and shall designate historically significant properties meriting
222	protection.  The future land use element must clearly identify
223	the land use categories in which public schools are an allowable
224	use.  When delineating the land use categories in which public
225	schools are an allowable use, a local government shall include
226	in the categories sufficient land proximate to residential
227	development to meet the projected needs for schools in
228	coordination with public school boards and may establish
229	differing criteria for schools of different type or size.  Each
230	local government shall include lands contiguous to existing
231	school sites, to the maximum extent possible, within the land
232	use categories in which public schools are an allowable use. All
233	comprehensive plans must comply with the school siting
234	requirements of this paragraph no later than October 1, 1999.
235	The failure by a local government to comply with these school
236	siting requirements by October 1, 1999, will result in the
237	prohibition of the local government's ability to amend the local
238	comprehensive plan, except for plan amendments described in s.
239	163.3187(1)(b), until the school siting requirements are met.
240	Amendments proposed by a local government for purposes of
241	identifying the land use categories in which public schools are
242	an allowable use or for adopting or amending the school-siting
243	maps pursuant to s. 163.31776(3) are exempt from the limitation
244	on the frequency of plan amendments contained in s. 163.3187.
245	The future land use element shall include criteria that
246	encourage the location of schools proximate to urban residential
247	areas to the extent possible and shall require that the local
248	government seek to collocate public facilities, such as parks,
249	libraries, and community centers, with schools to the extent
250	possible and to encourage the use of elementary schools as focal
251	points for neighborhoods. For schools serving predominantly
252	rural counties, defined as a county with a population of 100,000
253	or fewer, an agricultural land use category shall be eligible
254	for the location of public school facilities if the local
255	comprehensive plan contains school siting criteria and the
256	location is consistent with such criteria. Local governments
257	required to update or amend their comprehensive plan to include
258	criteria and address compatibility of adjacent or closely
259	proximate lands with existing military installations in their
260	future land use plan element shall transmit the update or
261	amendment to the department by June 30, 2006.
262	(g)  For those units of local government identified in s.
263	380.24, a coastal management element, appropriately related to
264	the particular requirements of paragraphs (d) and (e) and
265	meeting the requirements of s. 163.3178(2) and (3).  The coastal
266	management element shall set forth the policies that shall guide
267	the local government's decisions and program implementation with
268	respect to the following objectives:
269	1.  Maintenance, restoration, and enhancement of the
270	overall quality of the coastal zone environment, including, but
271	not limited to, its amenities and aesthetic values.
272	2.  Continued existence of viable populations of all
273	species of wildlife and marine life.
274	3.  The orderly and balanced utilization and preservation,
275	consistent with sound conservation principles, of all living and
276	nonliving coastal zone resources.
277	4.  Avoidance of irreversible and irretrievable loss of
278	coastal zone resources.
279	5.  Ecological planning principles and assumptions to be
280	used in the determination of suitability and extent of permitted
281	development.
282	6.  Proposed management and regulatory techniques.
283	7.  Limitation of public expenditures that subsidize
284	development in high-hazard coastal areas.
285	8.  Protection of human life against the effects of natural
286	disasters and implementation of hazard-mitigation strategies.
287	9.  The orderly development, maintenance, and use of ports
288	identified in s. 403.021(9) to facilitate deepwater commercial
289	navigation and other related activities.
290	10.  Preservation, including sensitive adaptive use of
291	historic and archaeological resources.
292	Section 41.  Paragraphs (d) and (f) of subsection (2) of
293	section 163.3178, Florida Statutes, are amended, and subsection
294	(9) is added to that section, to read:
295	163.3178  Coastal management.--
296	(2)  Each coastal management element required by s.
297	163.3177(6)(g) shall be based on studies, surveys, and data; be
298	consistent with coastal resource plans prepared and adopted
299	pursuant to general or special law; and contain:
300	(d)  A component that which outlines principles for hazard
301	mitigation and protection of human life and property against the
302	effects of natural disaster, including population evacuation and
303	local mitigation strategies that, which take into consideration
304	the capability to safely evacuate the density of coastal
305	population proposed in the future land use plan element in the
306	event of an impending natural disaster.
307	(f)  A redevelopment component that which outlines the
308	principles to which shall be used to eliminate inappropriate and
309	unsafe development in the coastal areas when opportunities
310	arise. In recognition of the need to balance redevelopment, the
311	protection of human life and property, and public investment in
312	infrastructure, as a demonstration project, up to five local
313	governments or a combination of local governments may amend
314	their comprehensive plans to allow for the redevelopment of
315	coastal areas within the designated coastal high-hazard area.
316	The application must include the participation of the county
317	emergency management agency, as provided in s. 252.38, of the
318	county or counties in which the local government or local
319	governments are located.
320	1.  To be eligible for the coastal redevelopment
321	demonstration project, the following conditions must be met: the
322	comprehensive plan delineates the Flood Insurance Rate Map
323	zones, the Coastal Construction Control Line, and the Coastal
324	Barrier Resources System Area (COBRA) units for the area subject
325	to the coastal redevelopment strategy; the area is part of a
326	comprehensive redevelopment strategy that will be incorporated
327	into the comprehensive plan; the area has been designated in the
328	comprehensive plan as an urban infill and redevelopment area
329	under s. 163.2517 or an adopted community redevelopment plan
330	under s. 163.360 which is incorporated as a component of the
331	comprehensive plan; the area is not within a designated area of
332	critical state concern; the comprehensive plan delineates the
333	coastal high-hazard area consistent with this part; and the
334	county emergency management agency affirms in writing its intent
335	to participate in the demonstration project.
336	2.  The local government or combination of local
337	governments, authorized by agreement pursuant to paragraph
338	(9)(b) to pursue the demonstration project, shall adopt into the
339	comprehensive plan a redevelopment strategy, consistent with the
340	requirements of s. 163.3177(6)(a) and local mitigation
341	strategies, which includes, at a minimum, the following
342	components:
343	a.  Measures to reduce, replace, or eliminate unsafe
344	structures and properties subject to repetitive damage from
345	coastal storms and floods;
346	b.  Measures to reduce exposure of infrastructure to
347	hazards, including relocation and structural modification of
348	threatened coastal infrastructure;
349	c.  Operational and capacity improvements to ensure that
350	the redevelopment strategy maintains or reduces throughout the
351	planning timeframe the county hurricane evacuation clearance
352	times as established in the most recent hurricane evacuation
353	study or transportation analysis;
354	d.  If the county hurricane evacuation clearance times
355	exceed 16 hours for a Category 3 storm event, measures to ensure
356	that the redevelopment strategy reduces the county shelter
357	deficit and hurricane clearance times to adequate levels below
358	16 hours within the planning timeframe;
359	e.  Measures that provide for county evacuation shelter
360	space to ensure that development authorized within the
361	redevelopment area provides mitigation proportional to its
362	impact to offset the increased demand on evacuation clearance
363	times and public shelter space;
364	f.  Measures to ensure that public expenditures that
365	subsidize development in the most vulnerable areas of the
366	coastal high hazard area are limited to those expenditures
367	needed to provide for public access to the beach and shoreline,
368	restore beaches and dunes and other natural systems, correct
369	existing hurricane evacuation deficiencies, or to make
370	facilities more disaster resistant;
371	g.  Measures that commit to planning and regulatory
372	standards that exceed minimum National Flood Insurance
373	Standards, including participation in the Community Rating
374	System of the National Flood Insurance Program;
375	h.  Measures to ensure protection of coastal resources,
376	including beach and dune systems, and provision for public
377	access to the beach and shoreline consistent with estimated
378	public needs;
379	i.  Data and analysis, including existing damage potential
380	and the proportionate potential costs of damage to structures,
381	property, and infrastructure under the redevelopment strategy,
382	which would need to be less than that proportionately expected
383	without the redevelopment strategy;
384	j.  Data and analysis forecasting the effects on shelter
385	capacity and hurricane evacuation clearance times, based on the
386	population anticipated by the redevelopment strategy; and
387	k.  The execution of an interlocal agreement, as supporting
388	data and analysis, between the local government or a combination
389	of local governments participating in the demonstration project,
390	together with their respective county emergency management
391	agency and any affected municipalities, as needed, to implement
392	mitigation strategies to reduce hurricane evacuation clearance
393	times and deficits in public shelters.
394
395	The redevelopment strategy must establish the preferred
396	character of the community and how that will be achieved.
397	(9)(a)  A local government seeking to implement the coastal
398	redevelopment demonstration project pursuant to paragraph (2)(f)
399	must submit an application to the state land planning agency
400	demonstrating that the project meets the conditions of
401	subparagraph (2)(f)1. The application must include copies of the
402	local government comprehensive plan and other relevant
403	information supporting the proposed demonstration project. The
404	state land planning agency may adopt procedural rules governing
405	the submission, review, and selection of applications and may
406	establish a phased schedule for reviewing applications. The
407	department shall begin accepting applications no later than July
408	1, 2006. The state land planning agency shall provide the
409	Federal Emergency Management Agency and the Division of
410	Emergency Management with an opportunity to comment on the
411	application.
412	(b)  If a selected local government meets the conditions of
413	subparagraph (2)(f)1., the state land planning agency and the
414	local government shall execute a written agreement that is a
415	final agency action subject to challenge under s. 120.569. The
416	written agreement must identify the area subject to the increase
417	in development potential, including residential and transient
418	residential development; state the amount of such increase;
419	identify the most vulnerable areas not subject to increases in
420	development; and describe how the conditions of subparagraph
421	(2)(f)2. are to be met. The state land planning agency shall
422	coordinate the review of hazard mitigation strategies with the
423	Federal Emergency Management Agency and the Division of
424	Emergency Management and include in the written agreement
425	conditions necessary to be addressed in the comprehensive plan
426	to meet the requirements of hurricane evacuation, shelter, and
427	hazard mitigation. The agreement must specify procedures for
428	public participation and intergovernmental coordination with the
429	county emergency management agency and any affected
430	municipalities regarding hurricane evacuation and shelter
431	requirements. The local governments shall provide an opportunity
432	for public comment at a public hearing before execution of the
433	agreement. Upon execution of the written agreement, the local
434	government may propose plan amendments that are authorized by
435	the agreement; however, such plan amendments may not be adopted
436	until the completion of any challenges to an agreement under s.
437	120.569.
438	(c)  The state land planning agency shall provide a
439	progress report on the demonstration project to the Governor,
440	the President of the Senate, and the Speaker of the House of
441	Representatives by February 1, 2007. In its report, the state
442	land planning agency shall assess whether the program has
443	successfully implemented mitigation strategies and whether the
444	program should continue or be expanded to include additional
445	communities.
446	Section 42.  Section 186.515, Florida Statutes, is amended
447	to read:
448	186.515  Creation of regional planning councils under
449	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
450	section 186.515 is intended to repeal or limit the provisions of
451	chapter 163; however, the local general-purpose governments
452	serving as voting members of the governing body of a regional
453	planning council created pursuant to ss. 186.501-186.507,
454	186.513, and this section 186.515 are not authorized to create a
455	regional planning council pursuant to chapter 163 unless an
456	agency, other than a regional planning council created pursuant
457	to ss. 186.501-186.507, 186.513, and this section 186.515, is
458	designated to exercise the powers and duties in any one or more
459	of ss. 163.3164(20) 163.3164(19) and 380.031(15); in which case,
460	such a regional planning council is also without authority to
461	exercise the powers and duties in s. 163.3164(20) s.
462	163.3164(19) or s. 380.031(15).
463	Section 43.  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) s. 163.3164(24) on lands within or
473	serving a military base designated for closure by the Federal
474	Government.
475	Section 44.  Subsection (5) of section 369.303, Florida
476	Statutes, is amended to read:
477	369.303  Definitions.--As used in this part:
478	(5)  "Land development regulation" means a regulation
479	covered by the definition in s. 163.3164(24) s. 163.3164(23) and
480	any of the types of regulations described in s. 163.3202.
481
482
483
484	================ T I T L E  A M E N D M E N T =============
485	Remove line 267 and insert:
486
487	certain staffing purposes; amending s. 163.3164, F.S.;
488	defining the term "local mitigation strategy" for purposes
489	of the Local Government Comprehensive Planning and Land
490	Development Regulation Act; amending s. 163.3177, F.S.;
491	providing an additional requirement for a local
492	government's comprehensive plan concerning hazard
493	mitigation; amending s. 163.3178, F.S.; revising
494	provisions with respect to coastal management; authorizing
495	a demonstration project in certain counties to allow for
496	the redevelopment of coastal areas within the designated
497	coastal high hazard area; providing conditions; providing
498	for application by a local government; providing for a
499	written agreement between the state land planning agency
500	and the local government; providing for a progress report
501	to the Governor and the Legislature; amending ss. 186.515,
502	288.975, and 369.303, F.S.; correcting cross references to
503	conform; providing an effective date.

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