HB 0477CS

CHAMBER ACTION




1The Growth Management Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to hazard mitigation for coastal
7redevelopment; amending s. 163.3164, F.S.; defining the
8term "local mitigation strategy" for purposes of the Local
9Government Comprehensive Planning and Land Development
10Regulation Act; amending s. 163.3177, F.S.; providing an
11additional requirement for a local government's
12comprehensive plan concerning hazard mitigation; amending
13s. 163.3178, F.S.; revising provisions with respect to
14coastal management; authorizing a demonstration project in
15certain counties to allow for the redevelopment of coastal
16areas within the designated coastal high-hazard area;
17providing conditions; providing for application by a local
18government; providing for a written agreement between the
19state land planning agency and the local government;
20providing for a progress report to the Governor and the
21Legislature; amending ss. 186.515, 288.975, and 369.303,
22F.S.; correcting cross references to conform; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 163.3164, Florida Statutes, is amended
28to read:
29     163.3164  Local Government Comprehensive Planning and Land
30Development Regulation Act; definitions.--As used in this act:
31     (1)  "Administration Commission" means the Governor and the
32Cabinet, and for purposes of this chapter the commission shall
33act on a simple majority vote, except that for purposes of
34imposing the sanctions provided in s. 163.3184(11), affirmative
35action shall require the approval of the Governor and at least
36three other members of the commission.
37     (2)  "Area" or "area of jurisdiction" means the total area
38qualifying under the provisions of this act, whether this be all
39of the lands lying within the limits of an incorporated
40municipality, lands in and adjacent to incorporated
41municipalities, all unincorporated lands within a county, or
42areas comprising combinations of the lands in incorporated
43municipalities and unincorporated areas of counties.
44     (3)  "Coastal area" means the 35 coastal counties and all
45coastal municipalities within their boundaries designated
46coastal by the state land planning agency.
47     (4)  "Comprehensive plan" means a plan that meets the
48requirements of ss. 163.3177 and 163.3178.
49     (5)  "Developer" means any person, including a governmental
50agency, undertaking any development as defined in this act.
51     (6)  "Development" has the meaning given it in s. 380.04.
52     (7)  "Development order" means any order granting, denying,
53or granting with conditions an application for a development
54permit.
55     (8)  "Development permit" includes any building permit,
56zoning permit, subdivision approval, rezoning, certification,
57special exception, variance, or any other official action of
58local government having the effect of permitting the development
59of land.
60     (9)  "Governing body" means the board of county
61commissioners of a county, the commission or council of an
62incorporated municipality, or any other chief governing body of
63a unit of local government, however designated, or the
64combination of such bodies where joint utilization of the
65provisions of this act is accomplished as provided herein.
66     (10)  "Governmental agency" means:
67     (a)  The United States or any department, commission,
68agency, or other instrumentality thereof.
69     (b)  This state or any department, commission, agency, or
70other instrumentality thereof.
71     (c)  Any local government, as defined in this section, or
72any department, commission, agency, or other instrumentality
73thereof.
74     (d)  Any school board or other special district, authority,
75or governmental entity.
76     (11)  "Land" means the earth, water, and air, above, below,
77or on the surface, and includes any improvements or structures
78customarily regarded as land.
79     (12)  "Land use" means the development that has occurred on
80the land, the development that is proposed by a developer on the
81land, or the use that is permitted or permissible on the land
82under an adopted comprehensive plan or element or portion
83thereof, land development regulations, or a land development
84code, as the context may indicate.
85     (13)  "Local government" means any county or municipality.
86     (14)  "Local mitigation strategy" means a local plan
87required under Section 322, Mitigation Planning, of the Robert
88T. Stafford Disaster Relief and Emergency Assistance Act,
89enacted by Section 104 of the Disaster Mitigation Act of 2000
90(Pub. L. No. 106-390) to promote hazard mitigation and to manage
91disaster redevelopment.
92     (15)(14)  "Local planning agency" means the agency
93designated to prepare the comprehensive plan or plan amendments
94required by this act.
95     (16)(15)  A "newspaper of general circulation" means a
96newspaper published at least on a weekly basis and printed in
97the language most commonly spoken in the area within which it
98circulates, but does not include a newspaper intended primarily
99for members of a particular professional or occupational group,
100a newspaper whose primary function is to carry legal notices, or
101a newspaper that is given away primarily to distribute
102advertising.
103     (17)(16)  "Parcel of land" means any quantity of land
104capable of being described with such definiteness that its
105locations and boundaries may be established, which is designated
106by its owner or developer as land to be used, or developed as, a
107unit or which has been used or developed as a unit.
108     (18)(17)  "Person" means an individual, corporation,
109governmental agency, business trust, estate, trust, partnership,
110association, two or more persons having a joint or common
111interest, or any other legal entity.
112     (19)(18)  "Public notice" means notice as required by s.
113125.66(2) for a county or by s. 166.041(3)(a) for a
114municipality. The public notice procedures required in this part
115are established as minimum public notice procedures.
116     (20)(19)  "Regional planning agency" means the agency
117designated by the state land planning agency to exercise
118responsibilities under law in a particular region of the state.
119     (21)(20)  "State land planning agency" means the Department
120of Community Affairs.
121     (22)(21)  "Structure" has the meaning given it by s.
122380.031(19).
123     (23)(22)  "Land development regulation commission" means a
124commission designated by a local government to develop and
125recommend, to the local governing body, land development
126regulations which implement the adopted comprehensive plan and
127to review land development regulations, or amendments thereto,
128for consistency with the adopted plan and report to the
129governing body regarding its findings. The responsibilities of
130the land development regulation commission may be performed by
131the local planning agency.
132     (24)(23)  "Land development regulations" means ordinances
133enacted by governing bodies for the regulation of any aspect of
134development and includes any local government zoning, rezoning,
135subdivision, building construction, or sign regulations or any
136other regulations controlling the development of land, except
137that this definition shall not apply in s. 163.3213.
138     (25)(24)  "Public facilities" means major capital
139improvements, including, but not limited to, transportation,
140sanitary sewer, solid waste, drainage, potable water,
141educational, parks and recreational, and health systems and
142facilities, and spoil disposal sites for maintenance dredging
143located in the intracoastal waterways, except for spoil disposal
144sites owned or used by ports listed in s. 403.021(9)(b).
145     (26)(25)  "Downtown revitalization" means the physical and
146economic renewal of a central business district of a community
147as designated by local government, and includes both downtown
148development and redevelopment.
149     (27)(26)  "Urban redevelopment" means demolition and
150reconstruction or substantial renovation of existing buildings
151or infrastructure within urban infill areas or existing urban
152service areas.
153     (28)(27)  "Urban infill" means the development of vacant
154parcels in otherwise built-up areas where public facilities such
155as sewer systems, roads, schools, and recreation areas are
156already in place and the average residential density is at least
157five dwelling units per acre, the average nonresidential
158intensity is at least a floor area ratio of 1.0 and vacant,
159developable land does not constitute more than 10 percent of the
160area.
161     (29)(28)  "Projects that promote public transportation"
162means projects that directly affect the provisions of public
163transit, including transit terminals, transit lines and routes,
164separate lanes for the exclusive use of public transit services,
165transit stops (shelters and stations), office buildings or
166projects that include fixed-rail or transit terminals as part of
167the building, and projects which are transit oriented and
168designed to complement reasonably proximate planned or existing
169public facilities.
170     (30)(29)  "Existing urban service area" means built-up
171areas where public facilities and services such as sewage
172treatment systems, roads, schools, and recreation areas are
173already in place.
174     (31)(30)  "Transportation corridor management" means the
175coordination of the planning of designated future transportation
176corridors with land use planning within and adjacent to the
177corridor to promote orderly growth, to meet the concurrency
178requirements of this chapter, and to maintain the integrity of
179the corridor for transportation purposes.
180     (32)(31)  "Optional sector plan" means an optional process
181authorized by s. 163.3245 in which one or more local governments
182by agreement with the state land planning agency are allowed to
183address development-of-regional-impact issues within certain
184designated geographic areas identified in the local
185comprehensive plan as a means of fostering innovative planning
186and development strategies in s. 163.3177(11)(a) and (b),
187furthering the purposes of this part and part I of chapter 380,
188reducing overlapping data and analysis requirements, protecting
189regionally significant resources and facilities, and addressing
190extrajurisdictional impacts.
191     Section 2.  Paragraphs (a) and (g) of subsection (6) of
192section 163.3177, Florida Statutes, are amended to read:
193     163.3177  Required and optional elements of comprehensive
194plan; studies and surveys.--
195     (6)  In addition to the requirements of subsections
196(1)-(5), the comprehensive plan shall include the following
197elements:
198     (a)  A future land use plan element designating proposed
199future general distribution, location, and extent of the uses of
200land for residential uses, commercial uses, industry,
201agriculture, recreation, conservation, education, public
202buildings and grounds, other public facilities, and other
203categories of the public and private uses of land. Counties are
204encouraged to designate rural land stewardship areas, pursuant
205to the provisions of paragraph (11)(d), as overlays on the
206future land use map. Each future land use category must be
207defined in terms of uses included, and must include standards to
208be followed in the control and distribution of population
209densities and building and structure intensities. The proposed
210distribution, location, and extent of the various categories of
211land use shall be shown on a land use map or map series which
212shall be supplemented by goals, policies, and measurable
213objectives. The future land use plan shall be based upon
214surveys, studies, and data regarding the area, including the
215amount of land required to accommodate anticipated growth; the
216projected population of the area; the character of undeveloped
217land; the availability of public services; the vulnerability to
218natural hazards and the potential need for hazard mitigation;
219the need for redevelopment, including the renewal of blighted
220areas and the elimination of nonconforming uses which are
221inconsistent with the character of the community; the
222compatibility of uses on lands adjacent to or closely proximate
223to military installations; and, in rural communities, the need
224for job creation, capital investment, and economic development
225that will strengthen and diversify the community's economy. The
226future land use plan may designate areas for future planned
227development use involving combinations of types of uses for
228which special regulations may be necessary to ensure development
229in accord with the principles and standards of the comprehensive
230plan and this act. The future land use plan element shall
231include criteria to be used to achieve the compatibility of
232adjacent or closely proximate lands with military installations.
233In addition, for rural communities, the amount of land
234designated for future planned industrial use shall be based upon
235surveys and studies that reflect the need for job creation,
236capital investment, and the necessity to strengthen and
237diversify the local economies, and shall not be limited solely
238by the projected population of the rural community. The future
239land use plan of a county may also designate areas for possible
240future municipal incorporation. The land use maps or map series
241shall generally identify and depict historic district boundaries
242and shall designate historically significant properties meriting
243protection.  The future land use element must clearly identify
244the land use categories in which public schools are an allowable
245use.  When delineating the land use categories in which public
246schools are an allowable use, a local government shall include
247in the categories sufficient land proximate to residential
248development to meet the projected needs for schools in
249coordination with public school boards and may establish
250differing criteria for schools of different type or size.  Each
251local government shall include lands contiguous to existing
252school sites, to the maximum extent possible, within the land
253use categories in which public schools are an allowable use. All
254comprehensive plans must comply with the school siting
255requirements of this paragraph no later than October 1, 1999.
256The failure by a local government to comply with these school
257siting requirements by October 1, 1999, will result in the
258prohibition of the local government's ability to amend the local
259comprehensive plan, except for plan amendments described in s.
260163.3187(1)(b), until the school siting requirements are met.
261Amendments proposed by a local government for purposes of
262identifying the land use categories in which public schools are
263an allowable use or for adopting or amending the school-siting
264maps pursuant to s. 163.31776(3) are exempt from the limitation
265on the frequency of plan amendments contained in s. 163.3187.
266The future land use element shall include criteria that
267encourage the location of schools proximate to urban residential
268areas to the extent possible and shall require that the local
269government seek to collocate public facilities, such as parks,
270libraries, and community centers, with schools to the extent
271possible and to encourage the use of elementary schools as focal
272points for neighborhoods. For schools serving predominantly
273rural counties, defined as a county with a population of 100,000
274or fewer, an agricultural land use category shall be eligible
275for the location of public school facilities if the local
276comprehensive plan contains school siting criteria and the
277location is consistent with such criteria. Local governments
278required to update or amend their comprehensive plan to include
279criteria and address compatibility of adjacent or closely
280proximate lands with existing military installations in their
281future land use plan element shall transmit the update or
282amendment to the department by June 30, 2006.
283     (g)  For those units of local government identified in s.
284380.24, a coastal management element, appropriately related to
285the particular requirements of paragraphs (d) and (e) and
286meeting the requirements of s. 163.3178(2) and (3).  The coastal
287management element shall set forth the policies that shall guide
288the local government's decisions and program implementation with
289respect to the following objectives:
290     1.  Maintenance, restoration, and enhancement of the
291overall quality of the coastal zone environment, including, but
292not limited to, its amenities and aesthetic values.
293     2.  Continued existence of viable populations of all
294species of wildlife and marine life.
295     3.  The orderly and balanced utilization and preservation,
296consistent with sound conservation principles, of all living and
297nonliving coastal zone resources.
298     4.  Avoidance of irreversible and irretrievable loss of
299coastal zone resources.
300     5.  Ecological planning principles and assumptions to be
301used in the determination of suitability and extent of permitted
302development.
303     6.  Proposed management and regulatory techniques.
304     7.  Limitation of public expenditures that subsidize
305development in high-hazard coastal areas.
306     8.  Protection of human life against the effects of natural
307disasters and implementation of hazard-mitigation strategies.
308     9.  The orderly development, maintenance, and use of ports
309identified in s. 403.021(9) to facilitate deepwater commercial
310navigation and other related activities.
311     10.  Preservation, including sensitive adaptive use of
312historic and archaeological resources.
313     Section 3.  Paragraphs (d) and (f) of subsection (2) of
314section 163.3178, Florida Statutes, are amended, and subsection
315(9) is added to that section, to read:
316     163.3178  Coastal management.--
317     (2)  Each coastal management element required by s.
318163.3177(6)(g) shall be based on studies, surveys, and data; be
319consistent with coastal resource plans prepared and adopted
320pursuant to general or special law; and contain:
321     (d)  A component that which outlines principles for hazard
322mitigation and protection of human life and property against the
323effects of natural disaster, including population evacuation and
324local mitigation strategies that, which take into consideration
325the capability to safely evacuate the density of coastal
326population proposed in the future land use plan element in the
327event of an impending natural disaster.
328     (f)  A redevelopment component that which outlines the
329principles to which shall be used to eliminate inappropriate and
330unsafe development in the coastal areas when opportunities
331arise. In recognition of the need to balance redevelopment, the
332protection of human life and property, and public investment in
333infrastructure, as a demonstration project, up to five local
334governments or a combination of local governments may amend
335their comprehensive plans to allow for the redevelopment of
336coastal areas within the designated coastal high-hazard area.
337The application must include the participation of the county
338emergency management agency, as provided in s. 252.38, of the
339county or counties in which the local government or local
340governments are located.
341     1.  To be eligible for the coastal redevelopment
342demonstration project, the following conditions must be met: the
343comprehensive plan delineates the Flood Insurance Rate Map
344zones, the Coastal Construction Control Line, and the Coastal
345Barrier Resources System Area (COBRA) units for the area subject
346to the coastal redevelopment strategy; the area is part of a
347comprehensive redevelopment strategy that will be incorporated
348into the comprehensive plan; the area has been designated in the
349comprehensive plan as an urban infill and redevelopment area
350pursuant to s. 163.2517; the area is not within a designated
351area of critical state concern; the comprehensive plan
352delineates the coastal high-hazard area consistent with this
353part; and the county emergency management agency affirms in
354writing its intent to participate in the demonstration project.
355     2.  In order to allow for redevelopment within the coastal
356high-hazard area beyond that provided in the existing approved
357comprehensive plan, the local government or combination of local
358governments, authorized by agreement pursuant to paragraph
359(9)(b) to pursue the demonstration project, shall adopt into the
360comprehensive plan a redevelopment strategy, consistent with the
361requirements of s. 163.3177(6)(a) and local mitigation
362strategies, that includes, at a minimum, the following
363components:
364     a.  Measures to reduce, replace, or eliminate unsafe
365structures and properties subject to repetitive damage from
366coastal storms and floods;
367     b.  Measures to reduce exposure of infrastructure to
368hazards, including relocation and structural modification of
369threatened coastal infrastructure;
370     c.  Operational and capacity improvements to ensure that
371the redevelopment strategy maintains or reduces throughout the
372planning timeframe the county hurricane evacuation clearance
373times as established in the most recent hurricane evacuation
374study or transportation analysis;
375     d.  If the county hurricane evacuation clearance times
376exceed 16 hours for a Category 3 storm event, measures to ensure
377that the redevelopment strategy reduces the county shelter
378deficit and hurricane clearance times to adequate levels below
37916 hours within the planning timeframe;
380     e.  Measures that provide for county evacuation shelter
381space to ensure that development authorized within the
382redevelopment area provides mitigation proportional to its
383impact to offset the increased demand on evacuation clearance
384times and public shelter space;
385     f.  Measures to ensure that public expenditures that
386subsidize development in the most vulnerable areas of the
387coastal high-hazard area are limited to those expenditures
388needed to provide for public access to the beach and shoreline,
389restore beaches and dunes and other natural systems, correct
390existing hurricane evacuation deficiencies, or make facilities
391more disaster resistant;
392     g.  Measures that commit to planning and regulatory
393standards that exceed minimum National Flood Insurance
394Standards, including participation in the Community Rating
395System of the National Flood Insurance Program;
396     h.  Measures to ensure protection of coastal resources,
397including beach and dune systems, and provision for public
398access to the beach and shoreline consistent with estimated
399public needs;
400     i.  Data and analysis, including existing damage potential
401and the potential costs of damage to structures, property, and
402infrastructure under the redevelopment strategy, which would
403need to be less than that expected without the redevelopment
404strategy;
405     j.  Data and analysis forecasting the effects on shelter
406capacity and hurricane evacuation clearance times, based on the
407population anticipated by the redevelopment strategy; and
408     k.  The execution of an interlocal agreement, as supporting
409data and analysis, between the local government or a combination
410of local governments participating in the demonstration project,
411together with their respective county emergency management
412agency and any affected municipalities, as needed, to implement
413mitigation strategies to reduce hurricane evacuation clearance
414times and deficits in public shelters.
415
416The redevelopment strategy must establish the preferred
417character of the community and how that will be achieved.
418     (9)(a)  A local government seeking to implement the coastal
419redevelopment demonstration project pursuant to paragraph (2)(f)
420must submit an application to the state land planning agency
421demonstrating that the project meets the conditions of
422subparagraph (2)(f)1. The application must include copies of the
423local government comprehensive plan and other relevant
424information supporting the proposed demonstration project. The
425state land planning agency may adopt procedural rules governing
426the submission and review of applications and may establish a
427phased schedule for reviewing applications. The state land
428planning agency shall provide the Federal Emergency Management
429Agency and the Division of Emergency Management with an
430opportunity to comment on the application.
431     (b)  If the local government meets the conditions of
432subparagraph (2)(f)1., the state land planning agency and the
433local government shall execute a written agreement that is a
434final agency action subject to challenge under s. 120.569. The
435written agreement must identify the area subject to the increase
436in development potential, including residential and transient
437residential development; state the amount of such increase;
438identify the most vulnerable areas not subject to increases in
439development; and describe how the conditions of subparagraph
440(2)(f)2. are to be met. The state land planning agency shall
441coordinate the review of hazard mitigation strategies with the
442Federal Emergency Management Agency and the Division of
443Emergency Management and include in the written agreement
444conditions necessary to be addressed in the comprehensive plan
445to meet the requirements of hurricane evacuation, shelter, and
446hazard mitigation. The agreement must specify procedures for
447public participation and intergovernmental coordination with the
448county emergency management agency and any affected
449municipalities regarding hurricane evacuation and shelter
450requirements. The local governments shall provide an opportunity
451for public comment at a public hearing before execution of the
452agreement. Upon execution of the written agreement, the local
453government may propose plan amendments that are authorized by
454the agreement; however, such plan amendments may not be adopted
455until the completion of any challenges to an agreement under s.
456120.569.
457     (c)  The state land planning agency shall provide a
458progress report on the demonstration project to the Governor,
459the President of the Senate, and the Speaker of the House of
460Representatives by February 1, 2007. In its report, the state
461land planning agency shall assess whether the program has
462successfully implemented mitigation strategies and whether the
463program should continue or be expanded to include additional
464communities.
465     Section 4.  Section 186.515, Florida Statutes, is amended
466to read:
467     186.515  Creation of regional planning councils under
468chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
469section 186.515 is intended to repeal or limit the provisions of
470chapter 163; however, the local general-purpose governments
471serving as voting members of the governing body of a regional
472planning council created pursuant to ss. 186.501-186.507,
473186.513, and this section 186.515 are not authorized to create a
474regional planning council pursuant to chapter 163 unless an
475agency, other than a regional planning council created pursuant
476to ss. 186.501-186.507, 186.513, and this section 186.515, is
477designated to exercise the powers and duties in any one or more
478of ss. 163.3164(20) 163.3164(19) and 380.031(15); in which case,
479such a regional planning council is also without authority to
480exercise the powers and duties in s. 163.3164(20) s.
481163.3164(19) or s. 380.031(15).
482     Section 5.  Paragraph (a) of subsection (2) of section
483288.975, Florida Statutes, is amended to read:
484     288.975  Military base reuse plans.--
485     (2)  As used in this section, the term:
486     (a)  "Affected local government" means a local government
487adjoining the host local government and any other unit of local
488government that is not a host local government but that is
489identified in a proposed military base reuse plan as providing,
490operating, or maintaining one or more public facilities as
491defined in s. 163.3164(25) s. 163.3164(24) on lands within or
492serving a military base designated for closure by the Federal
493Government.
494     Section 6.  Subsection (5) of section 369.303, Florida
495Statutes, is amended to read:
496     369.303  Definitions.--As used in this part:
497     (5)  "Land development regulation" means a regulation
498covered by the definition in s. 163.3164(24) s. 163.3164(23) and
499any of the types of regulations described in s. 163.3202.
500     Section 7.  This act shall take effect upon becoming a law.


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