HB 0477

CS

CHAMBER ACTION

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

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