Amendment
Bill No. 1865

Amendment No. 495915

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative(s) Rice offered the following:
2
3	Amendment to Amendment (000417) (with directory and title
4	amendments)
5	Between lines 4087 and 4088, insert:
6
7	Section 39.  Section 163.3164, Florida Statutes, is amended
8	to read:
9	163.3164  Local Government Comprehensive Planning and Land
10	Development Regulation Act; definitions.--As used in this act:
11	(1)  "Administration Commission" means the Governor and the
12	Cabinet, and for purposes of this chapter the commission shall
13	act on a simple majority vote, except that for purposes of
14	imposing the sanctions provided in s. 163.3184(11), affirmative
15	action shall require the approval of the Governor and at least
16	three other members of the commission.
17	(2)  "Area" or "area of jurisdiction" means the total area
18	qualifying under the provisions of this act, whether this be all
19	of the lands lying within the limits of an incorporated
20	municipality, lands in and adjacent to incorporated
21	municipalities, all unincorporated lands within a county, or
22	areas comprising combinations of the lands in incorporated
23	municipalities and unincorporated areas of counties.
24	(3)  "Coastal area" means the 35 coastal counties and all
25	coastal municipalities within their boundaries designated
26	coastal by the state land planning agency.
27	(4)  "Comprehensive plan" means a plan that meets the
28	requirements of ss. 163.3177 and 163.3178.
29	(5)  "Developer" means any person, including a governmental
30	agency, undertaking any development as defined in this act.
31	(6)  "Development" has the meaning given it in s. 380.04.
32	(7)  "Development order" means any order granting, denying,
33	or granting with conditions an application for a development
34	permit.
35	(8)  "Development permit" includes any building permit,
36	zoning permit, subdivision approval, rezoning, certification,
37	special exception, variance, or any other official action of
38	local government having the effect of permitting the development
39	of land.
40	(9)  "Governing body" means the board of county
41	commissioners of a county, the commission or council of an
42	incorporated municipality, or any other chief governing body of
43	a unit of local government, however designated, or the
44	combination of such bodies where joint utilization of the
45	provisions of this act is accomplished as provided herein.
46	(10)  "Governmental agency" means:
47	(a)  The United States or any department, commission,
48	agency, or other instrumentality thereof.
49	(b)  This state or any department, commission, agency, or
50	other instrumentality thereof.
51	(c)  Any local government, as defined in this section, or
52	any department, commission, agency, or other instrumentality
53	thereof.
54	(d)  Any school board or other special district, authority,
55	or governmental entity.
56	(11)  "Land" means the earth, water, and air, above, below,
57	or on the surface, and includes any improvements or structures
58	customarily regarded as land.
59	(12)  "Land use" means the development that has occurred on
60	the land, the development that is proposed by a developer on the
61	land, or the use that is permitted or permissible on the land
62	under an adopted comprehensive plan or element or portion
63	thereof, land development regulations, or a land development
64	code, as the context may indicate.
65	(13)  "Local government" means any county or municipality.
66	(14)  "Local mitigation strategy" means a local plan
67	required under Section 322, Mitigation Planning, of the Robert
68	T. Stafford Disaster Relief and Emergency Assistance Act,
69	enacted by Section 104 of the Disaster Mitigation Act of 2000
70	(Pub. L. No. 106-390) to promote hazard mitigation and to manage
71	disaster redevelopment.
72	(15)(14)  "Local planning agency" means the agency
73	designated to prepare the comprehensive plan or plan amendments
74	required by this act.
75	(16)(15)  A "newspaper of general circulation" means a
76	newspaper published at least on a weekly basis and printed in
77	the language most commonly spoken in the area within which it
78	circulates, but does not include a newspaper intended primarily
79	for members of a particular professional or occupational group,
80	a newspaper whose primary function is to carry legal notices, or
81	a newspaper that is given away primarily to distribute
82	advertising.
83	(17)(16)  "Parcel of land" means any quantity of land
84	capable of being described with such definiteness that its
85	locations and boundaries may be established, which is designated
86	by its owner or developer as land to be used, or developed as, a
87	unit or which has been used or developed as a unit.
88	(18)(17)  "Person" means an individual, corporation,
89	governmental agency, business trust, estate, trust, partnership,
90	association, two or more persons having a joint or common
91	interest, or any other legal entity.
92	(19)(18)  "Public notice" means notice as required by s.
93	125.66(2) for a county or by s. 166.041(3)(a) for a
94	municipality. The public notice procedures required in this part
95	are established as minimum public notice procedures.
96	(20)(19)  "Regional planning agency" means the agency
97	designated by the state land planning agency to exercise
98	responsibilities under law in a particular region of the state.
99	(21)(20)  "State land planning agency" means the Department
100	of Community Affairs.
101	(22)(21)  "Structure" has the meaning given it by s.
102	380.031(19).
103	(23)(22)  "Land development regulation commission" means a
104	commission designated by a local government to develop and
105	recommend, to the local governing body, land development
106	regulations which implement the adopted comprehensive plan and
107	to review land development regulations, or amendments thereto,
108	for consistency with the adopted plan and report to the
109	governing body regarding its findings. The responsibilities of
110	the land development regulation commission may be performed by
111	the local planning agency.
112	(24)(23)  "Land development regulations" means ordinances
113	enacted by governing bodies for the regulation of any aspect of
114	development and includes any local government zoning, rezoning,
115	subdivision, building construction, or sign regulations or any
116	other regulations controlling the development of land, except
117	that this definition shall not apply in s. 163.3213.
118	(25)(24)  "Public facilities" means major capital
119	improvements, including, but not limited to, transportation,
120	sanitary sewer, solid waste, drainage, potable water,
121	educational, parks and recreational, and health systems and
122	facilities, and spoil disposal sites for maintenance dredging
123	located in the intracoastal waterways, except for spoil disposal
124	sites owned or used by ports listed in s. 403.021(9)(b).
125	(26)(25)  "Downtown revitalization" means the physical and
126	economic renewal of a central business district of a community
127	as designated by local government, and includes both downtown
128	development and redevelopment.
129	(27)(26)  "Urban redevelopment" means demolition and
130	reconstruction or substantial renovation of existing buildings
131	or infrastructure within urban infill areas or existing urban
132	service areas.
133	(28)(27)  "Urban infill" means the development of vacant
134	parcels in otherwise built-up areas where public facilities such
135	as sewer systems, roads, schools, and recreation areas are
136	already in place and the average residential density is at least
137	five dwelling units per acre, the average nonresidential
138	intensity is at least a floor area ratio of 1.0 and vacant,
139	developable land does not constitute more than 10 percent of the
140	area.
141	(29)(28)  "Projects that promote public transportation"
142	means projects that directly affect the provisions of public
143	transit, including transit terminals, transit lines and routes,
144	separate lanes for the exclusive use of public transit services,
145	transit stops (shelters and stations), office buildings or
146	projects that include fixed-rail or transit terminals as part of
147	the building, and projects which are transit oriented and
148	designed to complement reasonably proximate planned or existing
149	public facilities.
150	(30)(29)  "Existing urban service area" means built-up
151	areas where public facilities and services such as sewage
152	treatment systems, roads, schools, and recreation areas are
153	already in place.
154	(31)(30)  "Transportation corridor management" means the
155	coordination of the planning of designated future transportation
156	corridors with land use planning within and adjacent to the
157	corridor to promote orderly growth, to meet the concurrency
158	requirements of this chapter, and to maintain the integrity of
159	the corridor for transportation purposes.
160	(32)(31)  "Optional sector plan" means an optional process
161	authorized by s. 163.3245 in which one or more local governments
162	by agreement with the state land planning agency are allowed to
163	address development-of-regional-impact issues within certain
164	designated geographic areas identified in the local
165	comprehensive plan as a means of fostering innovative planning
166	and development strategies in s. 163.3177(11)(a) and (b),
167	furthering the purposes of this part and part I of chapter 380,
168	reducing overlapping data and analysis requirements, protecting
169	regionally significant resources and facilities, and addressing
170	extrajurisdictional impacts.
171	Section 40.  Paragraphs (a) and (g) of subsection (6) of
172	section 163.3177, Florida Statutes, are amended to read:
173	163.3177  Required and optional elements of comprehensive
174	plan; studies and surveys.--
175	(6)  In addition to the requirements of subsections
176	(1)-(5), the comprehensive plan shall include the following
177	elements:
178	(a)  A future land use plan element designating proposed
179	future general distribution, location, and extent of the uses of
180	land for residential uses, commercial uses, industry,
181	agriculture, recreation, conservation, education, public
182	buildings and grounds, other public facilities, and other
183	categories of the public and private uses of land. Counties are
184	encouraged to designate rural land stewardship areas, pursuant
185	to the provisions of paragraph (11)(d), as overlays on the
186	future land use map. Each future land use category must be
187	defined in terms of uses included, and must include standards to
188	be followed in the control and distribution of population
189	densities and building and structure intensities. The proposed
190	distribution, location, and extent of the various categories of
191	land use shall be shown on a land use map or map series which
192	shall be supplemented by goals, policies, and measurable
193	objectives. The future land use plan shall be based upon
194	surveys, studies, and data regarding the area, including the
195	amount of land required to accommodate anticipated growth; the
196	projected population of the area; the character of undeveloped
197	land; the availability of public services; the vulnerability to
198	natural hazards and the potential need for hazard mitigation;
199	the need for redevelopment, including the renewal of blighted
200	areas and the elimination of nonconforming uses which are
201	inconsistent with the character of the community; the
202	compatibility of uses on lands adjacent to or closely proximate
203	to military installations; and, in rural communities, the need
204	for job creation, capital investment, and economic development
205	that will strengthen and diversify the community's economy. The
206	future land use plan may designate areas for future planned
207	development use involving combinations of types of uses for
208	which special regulations may be necessary to ensure development
209	in accord with the principles and standards of the comprehensive
210	plan and this act. The future land use plan element shall
211	include criteria to be used to achieve the compatibility of
212	adjacent or closely proximate lands with military installations.
213	In addition, for rural communities, the amount of land
214	designated for future planned industrial use shall be based upon
215	surveys and studies that reflect the need for job creation,
216	capital investment, and the necessity to strengthen and
217	diversify the local economies, and shall not be limited solely
218	by the projected population of the rural community. The future
219	land use plan of a county may also designate areas for possible
220	future municipal incorporation. The land use maps or map series
221	shall generally identify and depict historic district boundaries
222	and shall designate historically significant properties meriting
223	protection.  The future land use element must clearly identify
224	the land use categories in which public schools are an allowable
225	use.  When delineating the land use categories in which public
226	schools are an allowable use, a local government shall include
227	in the categories sufficient land proximate to residential
228	development to meet the projected needs for schools in
229	coordination with public school boards and may establish
230	differing criteria for schools of different type or size.  Each
231	local government shall include lands contiguous to existing
232	school sites, to the maximum extent possible, within the land
233	use categories in which public schools are an allowable use. All
234	comprehensive plans must comply with the school siting
235	requirements of this paragraph no later than October 1, 1999.
236	The failure by a local government to comply with these school
237	siting requirements by October 1, 1999, will result in the
238	prohibition of the local government's ability to amend the local
239	comprehensive plan, except for plan amendments described in s.
240	163.3187(1)(b), until the school siting requirements are met.
241	Amendments proposed by a local government for purposes of
242	identifying the land use categories in which public schools are
243	an allowable use or for adopting or amending the school-siting
244	maps pursuant to s. 163.31776(3) are exempt from the limitation
245	on the frequency of plan amendments contained in s. 163.3187.
246	The future land use element shall include criteria that
247	encourage the location of schools proximate to urban residential
248	areas to the extent possible and shall require that the local
249	government seek to collocate public facilities, such as parks,
250	libraries, and community centers, with schools to the extent
251	possible and to encourage the use of elementary schools as focal
252	points for neighborhoods. For schools serving predominantly
253	rural counties, defined as a county with a population of 100,000
254	or fewer, an agricultural land use category shall be eligible
255	for the location of public school facilities if the local
256	comprehensive plan contains school siting criteria and the
257	location is consistent with such criteria. Local governments
258	required to update or amend their comprehensive plan to include
259	criteria and address compatibility of adjacent or closely
260	proximate lands with existing military installations in their
261	future land use plan element shall transmit the update or
262	amendment to the department by June 30, 2006.
263	(g)  For those units of local government identified in s.
264	380.24, a coastal management element, appropriately related to
265	the particular requirements of paragraphs (d) and (e) and
266	meeting the requirements of s. 163.3178(2) and (3).  The coastal
267	management element shall set forth the policies that shall guide
268	the local government's decisions and program implementation with
269	respect to the following objectives:
270	1.  Maintenance, restoration, and enhancement of the
271	overall quality of the coastal zone environment, including, but
272	not limited to, its amenities and aesthetic values.
273	2.  Continued existence of viable populations of all
274	species of wildlife and marine life.
275	3.  The orderly and balanced utilization and preservation,
276	consistent with sound conservation principles, of all living and
277	nonliving coastal zone resources.
278	4.  Avoidance of irreversible and irretrievable loss of
279	coastal zone resources.
280	5.  Ecological planning principles and assumptions to be
281	used in the determination of suitability and extent of permitted
282	development.
283	6.  Proposed management and regulatory techniques.
284	7.  Limitation of public expenditures that subsidize
285	development in high-hazard coastal areas.
286	8.  Protection of human life against the effects of natural
287	disasters and implementation of hazard-mitigation strategies.
288	9.  The orderly development, maintenance, and use of ports
289	identified in s. 403.021(9) to facilitate deepwater commercial
290	navigation and other related activities.
291	10.  Preservation, including sensitive adaptive use of
292	historic and archaeological resources.
293	Section 41.  Paragraphs (d) and (f) of subsection (2) of
294	section 163.3178, Florida Statutes, are amended, and subsection
295	(9) is added to that section, to read:
296	163.3178  Coastal management.--
297	(2)  Each coastal management element required by s.
298	163.3177(6)(g) shall be based on studies, surveys, and data; be
299	consistent with coastal resource plans prepared and adopted
300	pursuant to general or special law; and contain:
301	(d)  A component that which outlines principles for hazard
302	mitigation and protection of human life and property against the
303	effects of natural disaster, including population evacuation and
304	local mitigation strategies that, which take into consideration
305	the capability to safely evacuate the density of coastal
306	population proposed in the future land use plan element in the
307	event of an impending natural disaster.
308	(f)  A redevelopment component that which outlines the
309	principles to which shall be used to eliminate inappropriate and
310	unsafe development in the coastal areas when opportunities
311	arise. In recognition of the need to balance redevelopment, the
312	protection of human life and property, and public investment in
313	infrastructure, as a demonstration project, up to five local
314	governments or a combination of local governments may amend
315	their comprehensive plans to allow for the redevelopment of
316	coastal areas within the designated coastal high-hazard area.
317	The application must include the participation of the county
318	emergency management agency, as provided in s. 252.38, of the
319	county or counties in which the local government or local
320	governments are located.
321	1.  To be eligible for the coastal redevelopment
322	demonstration project, the following conditions must be met: the
323	comprehensive plan delineates the Flood Insurance Rate Map
324	zones, the Coastal Construction Control Line, and the Coastal
325	Barrier Resources System Area (COBRA) units for the area subject
326	to the coastal redevelopment strategy; the area is part of a
327	comprehensive redevelopment strategy that will be incorporated
328	into the comprehensive plan; the area has been designated in the
329	comprehensive plan as an urban infill and redevelopment area
330	under s. 163.2517 or an adopted community redevelopment plan
331	under s. 163.360 which is incorporated as a component of the
332	comprehensive plan; the area is not within a designated area of
333	critical state concern; the comprehensive plan delineates the
334	coastal high-hazard area consistent with this part; and the
335	county emergency management agency affirms in writing its intent
336	to participate in the demonstration project.
337	2.  The local government or combination of local
338	governments, authorized by agreement pursuant to paragraph
339	(9)(b) to pursue the demonstration project, shall adopt into the
340	comprehensive plan a redevelopment strategy, consistent with the
341	requirements of s. 163.3177(6)(a) and local mitigation
342	strategies, which includes, at a minimum, the following
343	components:
344	a.  Measures to reduce, replace, or eliminate unsafe
345	structures and properties subject to repetitive damage from
346	coastal storms and floods;
347	b.  Measures to reduce exposure of infrastructure to
348	hazards, including relocation and structural modification of
349	threatened coastal infrastructure;
350	c.  Operational and capacity improvements to ensure that
351	the redevelopment strategy maintains or reduces throughout the
352	planning timeframe the county hurricane evacuation clearance
353	times as established in the most recent hurricane evacuation
354	study or transportation analysis;
355	d.  If the county hurricane evacuation clearance times
356	exceed 16 hours for a Category 3 storm event, measures to ensure
357	that the redevelopment strategy reduces the county shelter
358	deficit and hurricane clearance times to adequate levels below
359	16 hours within the planning timeframe;
360	e.  Measures that provide for county evacuation shelter
361	space to ensure that development authorized within the
362	redevelopment area provides mitigation proportional to its
363	impact to offset the increased demand on evacuation clearance
364	times and public shelter space;
365	f.  Measures to ensure that public expenditures that
366	subsidize development in the most vulnerable areas of the
367	coastal high hazard area are limited to those expenditures
368	needed to provide for public access to the beach and shoreline,
369	restore beaches and dunes and other natural systems, correct
370	existing hurricane evacuation deficiencies, or to make
371	facilities more disaster resistant;
372	g.  Measures that commit to planning and regulatory
373	standards that exceed minimum National Flood Insurance
374	Standards, including participation in the Community Rating
375	System of the National Flood Insurance Program;
376	h.  Measures to ensure protection of coastal resources,
377	including beach and dune systems, and provision for public
378	access to the beach and shoreline consistent with estimated
379	public needs;
380	i.  Data and analysis, including existing damage potential
381	and the proportionate potential costs of damage to structures,
382	property, and infrastructure under the redevelopment strategy,
383	which would need to be less than that proportionately expected
384	without the redevelopment strategy;
385	j.  Data and analysis forecasting the effects on shelter
386	capacity and hurricane evacuation clearance times, based on the
387	population anticipated by the redevelopment strategy; and
388	k.  The execution of an interlocal agreement, as supporting
389	data and analysis, between the local government or a combination
390	of local governments participating in the demonstration project,
391	together with their respective county emergency management
392	agency and any affected municipalities, as needed, to implement
393	mitigation strategies to reduce hurricane evacuation clearance
394	times and deficits in public shelters.
395
396	The redevelopment strategy must establish the preferred
397	character of the community and how that will be achieved.
398	(9)(a)  A local government seeking to implement the coastal
399	redevelopment demonstration project pursuant to paragraph (2)(f)
400	must submit an application to the state land planning agency
401	demonstrating that the project meets the conditions of
402	subparagraph (2)(f)1. The application must include copies of the
403	local government comprehensive plan and other relevant
404	information supporting the proposed demonstration project. The
405	state land planning agency may adopt procedural rules governing
406	the submission, review, and selection of applications and may
407	establish a phased schedule for reviewing applications. The
408	department shall begin accepting applications no later than July
409	1, 2006. The state land planning agency shall provide the
410	Federal Emergency Management Agency and the Division of
411	Emergency Management with an opportunity to comment on the
412	application.
413	(b)  If a selected local government meets the conditions of
414	subparagraph (2)(f)1., the state land planning agency and the
415	local government shall execute a written agreement that is a
416	final agency action subject to challenge under s. 120.569. The
417	written agreement must identify the area subject to the increase
418	in development potential, including residential and transient
419	residential development; state the amount of such increase;
420	identify the most vulnerable areas not subject to increases in
421	development; and describe how the conditions of subparagraph
422	(2)(f)2. are to be met. The state land planning agency shall
423	coordinate the review of hazard mitigation strategies with the
424	Federal Emergency Management Agency and the Division of
425	Emergency Management and include in the written agreement
426	conditions necessary to be addressed in the comprehensive plan
427	to meet the requirements of hurricane evacuation, shelter, and
428	hazard mitigation. The agreement must specify procedures for
429	public participation and intergovernmental coordination with the
430	county emergency management agency and any affected
431	municipalities regarding hurricane evacuation and shelter
432	requirements. The local governments shall provide an opportunity
433	for public comment at a public hearing before execution of the
434	agreement. Upon execution of the written agreement, the local
435	government may propose plan amendments that are authorized by
436	the agreement; however, such plan amendments may not be adopted
437	until the completion of any challenges to an agreement under s.
438	120.569.
439	(c)  The state land planning agency shall provide a
440	progress report on the demonstration project to the Governor,
441	the President of the Senate, and the Speaker of the House of
442	Representatives by February 1, 2007. In its report, the state
443	land planning agency shall assess whether the program has
444	successfully implemented mitigation strategies and whether the
445	program should continue or be expanded to include additional
446	communities.
447	Section 42.  Section 186.515, Florida Statutes, is amended
448	to read:
449	186.515  Creation of regional planning councils under
450	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
451	section 186.515 is intended to repeal or limit the provisions of
452	chapter 163; however, the local general-purpose governments
453	serving as voting members of the governing body of a regional
454	planning council created pursuant to ss. 186.501-186.507,
455	186.513, and this section 186.515 are not authorized to create a
456	regional planning council pursuant to chapter 163 unless an
457	agency, other than a regional planning council created pursuant
458	to ss. 186.501-186.507, 186.513, and this section 186.515, is
459	designated to exercise the powers and duties in any one or more
460	of ss. 163.3164(20) 163.3164(19) and 380.031(15); in which case,
461	such a regional planning council is also without authority to
462	exercise the powers and duties in s. 163.3164(20) s.
463	163.3164(19) or s. 380.031(15).
464	Section 43.  Paragraph (a) of subsection (2) of section
465	288.975, Florida Statutes, is amended to read:
466	288.975  Military base reuse plans.--
467	(2)  As used in this section, the term:
468	(a)  "Affected local government" means a local government
469	adjoining the host local government and any other unit of local
470	government that is not a host local government but that is
471	identified in a proposed military base reuse plan as providing,
472	operating, or maintaining one or more public facilities as
473	defined in s. 163.3164(25) s. 163.3164(24) on lands within or
474	serving a military base designated for closure by the Federal
475	Government.
476	Section 44.  Subsection (5) of section 369.303, Florida
477	Statutes, is amended to read:
478	369.303  Definitions.--As used in this part:
479	(5)  "Land development regulation" means a regulation
480	covered by the definition in s. 163.3164(24) s. 163.3164(23) and
481	any of the types of regulations described in s. 163.3202.
482
483	================ T I T L E  A M E N D M E N T =============
484	Remove line 4358 and insert:
485
486	certain staffing purposes; amending s. 163.3164, F.S.;
487	defining the term "local mitigation strategy" for purposes
488	of the Local Government Comprehensive Planning and Land
489	Development Regulation Act; amending s. 163.3177, F.S.;
490	providing an additional requirement for a local
491	government's comprehensive plan concerning hazard
492	mitigation; amending s. 163.3178, F.S.; revising
493	provisions with respect to coastal management; authorizing
494	a demonstration project in certain counties to allow for
495	the redevelopment of coastal areas within the designated
496	coastal high hazard area; providing conditions; providing
497	for application by a local government; providing for a
498	written agreement between the state land planning agency
499	and the local government; providing for a progress report
500	to the Governor and the Legislature; amending ss. 186.515,
501	288.975, and 369.303, F.S.; correcting cross references to
502	conform; providing an effective date.

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