HB 0477

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

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