1 | A bill to be entitled |
2 | An act relating to areas of critical state concern; |
3 | amending s. 125.0108, F.S.; authorizing the continued levy |
4 | of the tourist impact tax in areas of critical state |
5 | concern removed from designation; amending s. 212.055, |
6 | F.S.; authorizing certain counties to continue the use of |
7 | a portion of local government infrastructure surtax |
8 | proceeds for certain purposes after removal of designation |
9 | of an area as an area of critical state concern; amending |
10 | s. 380.0552, F.S.; providing requirements, procedures, and |
11 | criteria for Administration Commission removal of |
12 | designation of the Florida Keys Area as an area of |
13 | critical state concern; requiring removal of the |
14 | designation under certain circumstances; providing for |
15 | judicial review of Administration Commission |
16 | determinations; amending s. 380.0666, F.S.; revising the |
17 | powers of a land authority in an area of critical state |
18 | concern to acquire property to provide affordable housing; |
19 | providing for continued power of a land authority to |
20 | acquire property within an area of critical state concern |
21 | removed from designation; amending s. 380.0674, F.S.; |
22 | providing for the continuation of a land authority in an |
23 | area of critical state concern after removal of the |
24 | designation; amending s.4, ch. 99-395, Laws of Florida; |
25 | authorizing local governments in areas of critical state |
26 | concern removed from designation to continue to enact |
27 | ordinances relating to central sewerage systems; providing |
28 | for continuation of existing state liability in certain |
29 | inverse condemnation actions related to the Florida Keys |
30 | Area after removal of designation; providing an effective |
31 | date. |
32 |
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33 | Be It Enacted by the Legislature of the State of Florida: |
34 |
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35 | Section 1. Paragraph (g) is added to subsection (1) of |
36 | section 125.0108, Florida Statutes, to read: |
37 | 125.0108 Areas of critical state concern; tourist impact |
38 | tax.-- |
39 | (1) |
40 | (g) A county that has levied the tourist impact tax |
41 | authorized by this section in an area or areas designated as an |
42 | area of critical state concern for at least 20 consecutive years |
43 | prior to removal of the designation may continue to levy the |
44 | tourist impact tax in accordance with this section. |
45 | Section 2. Paragraph (f) of subsection (2) of section |
46 | 212.055, Florida Statutes, is amended to read: |
47 | 212.055 Discretionary sales surtaxes; legislative intent; |
48 | authorization and use of proceeds.--It is the legislative intent |
49 | that any authorization for imposition of a discretionary sales |
50 | surtax shall be published in the Florida Statutes as a |
51 | subsection of this section, irrespective of the duration of the |
52 | levy. Each enactment shall specify the types of counties |
53 | authorized to levy; the rate or rates which may be imposed; the |
54 | maximum length of time the surtax may be imposed, if any; the |
55 | procedure which must be followed to secure voter approval, if |
56 | required; the purpose for which the proceeds may be expended; |
57 | and such other requirements as the Legislature may provide. |
58 | Taxable transactions and administrative procedures shall be as |
59 | provided in s. 212.054. |
60 | (2) LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.-- |
61 | (f)1. Notwithstanding paragraph (d), a county that has a |
62 | population of 50,000 or less on April 1, 1992, or any county |
63 | designated as an area of critical state concern on the effective |
64 | date of this act, and that imposed the surtax before July 1, |
65 | 1992, may use the proceeds and interest of the surtax for any |
66 | public purpose if: |
67 | a. The debt service obligations for any year are met; |
68 | b. The county's comprehensive plan has been determined to |
69 | be in compliance with part II of chapter 163; and |
70 | c. The county has adopted an amendment to the surtax |
71 | ordinance pursuant to the procedure provided in s. 125.66 |
72 | authorizing additional uses of the surtax proceeds and interest. |
73 | 2. A municipality located within a county that has a |
74 | population of 50,000 or less on April 1, 1992, or within a |
75 | county designated as an area of critical state concern on the |
76 | effective date of this act, and that imposed the surtax before |
77 | July 1, 1992, may not use the proceeds and interest of the |
78 | surtax for any purpose other than an infrastructure purpose |
79 | authorized in paragraph (d) unless the municipality's |
80 | comprehensive plan has been determined to be in compliance with |
81 | part II of chapter 163 and the municipality has adopted an |
82 | amendment to its surtax ordinance or resolution pursuant to the |
83 | procedure provided in s. 166.041 authorizing additional uses of |
84 | the surtax proceeds and interest. Such municipality may expend |
85 | the surtax proceeds and interest for any public purpose |
86 | authorized in the amendment. |
87 | 3. Those counties designated as an area of critical state |
88 | concern which qualify to use the surtax for any public purpose |
89 | may use only up to 10 percent of the surtax proceeds for any |
90 | public purpose other than for infrastructure purposes authorized |
91 | by this section. A county that was designated as an area of |
92 | critical state concern for at least 20 consecutive years prior |
93 | to removal of the designation, and that qualified to use the |
94 | surtax for any public purpose at the time of the removal of the |
95 | designation, may continue to use up to 10 percent of the surtax |
96 | proceeds for any public purpose other than for infrastructure |
97 | purposes authorized by this section after the removal of the |
98 | designation. |
99 | Section 3. Subsection (4) of section 380.0552, Florida |
100 | Statutes, is amended to read: |
101 | 380.0552 Florida Keys Area; protection and designation as |
102 | area of critical state concern.-- |
103 | (4) REMOVAL OF DESIGNATION.-- |
104 | (a) Between July 12, 2007, and August 30, 2007, the state |
105 | land planning agency shall submit a written report to the |
106 | Administration Commission describing in detail the progress of |
107 | the Florida Keys Area toward accomplishing the tasks of the work |
108 | program as defined in paragraph (c) and providing a |
109 | recommendation as to whether substantial progress toward |
110 | accomplishing the tasks of the work program has been achieved. |
111 | Subsequent to receipt of the report, the Administration |
112 | Commission shall determine, prior to October 1, 2007, whether |
113 | substantial progress has been achieved toward accomplishing the |
114 | tasks of the work program. The designation of the Florida Keys |
115 | Area as an area of critical state concern under this section |
116 | shall be removed October 1, 2007, unless the Administration |
117 | Commission finds, after receipt of the state land planning |
118 | agency report, that substantial progress has not been achieved |
119 | toward accomplishing the tasks of the work program. If the |
120 | designation of the Florida Keys Area as an area of critical |
121 | state concern is removed, the Administration Commission, within |
122 | 60 days after removal of the designation, shall initiate |
123 | rulemaking pursuant to chapter 120 to repeal any rules relating |
124 | to the designation of the Florida Keys Area as an area of |
125 | critical state concern. If, after receipt of the state land |
126 | planning agency's report, the Administration Commission finds |
127 | that substantial progress toward accomplishing the tasks of the |
128 | work program has not been achieved, the Administration |
129 | Commission shall provide a written report to the Monroe County |
130 | Commission within 30 days after making such finding detailing |
131 | the tasks under the work program that must be accomplished in |
132 | order for substantial progress to be achieved within the next 12 |
133 | months. |
134 | (b) If the designation of the Florida Keys Area as an area |
135 | of critical state concern is not removed in accordance with |
136 | paragraph (a), the state land planning agency shall submit a |
137 | written annual report to the Administration Commission on |
138 | November 1 of each year, until such time as the designation is |
139 | removed, describing the progress of the Florida Keys Area toward |
140 | accomplishing remaining tasks under the work program and |
141 | providing a recommendation as to whether substantial progress |
142 | toward accomplishing the tasks of the work program has been |
143 | achieved. The Administration Commission shall determine, within |
144 | 45 days after receipt of the annual report, whether substantial |
145 | progress has been achieved toward accomplishing the remaining |
146 | tasks of the work program. The designation of the Florida Keys |
147 | Area as an area of critical state concern under this section |
148 | shall be removed unless the Administration Commission finds that |
149 | substantial progress has not been achieved toward accomplishing |
150 | the tasks of the work program. If the designation of the Florida |
151 | Keys Area as an area of critical state concern is removed, the |
152 | Administration Commission, within 60 days after removal of the |
153 | designation, shall initiate rulemaking pursuant to chapter 120 |
154 | to repeal any rules relating to the designation of the Florida |
155 | Keys Area as an area of critical state concern. If the |
156 | Administration Commission finds that substantial progress has |
157 | not been achieved, the Administration Commission shall provide |
158 | to the Monroe County Commission, within 30 days after making its |
159 | finding, a report detailing the tasks under the work program |
160 | that must be accomplished in order for substantial progress to |
161 | be achieved within the next 12 months. |
162 | (c) For purposes of this subsection, the term "work |
163 | program" means the 10-year work program as set forth in chapter |
164 | 28-20.110, Florida Administrative Code, on January 1, 2006, |
165 | excluding amendments to the work program that take effect after |
166 | January 1, 2006. |
167 | (d) Judicial review of the Administration Commission's |
168 | determination as to whether substantial progress has been made |
169 | toward accomplishing the tasks of the work program shall be |
170 | sought in the circuit court where the Administration Commission |
171 | maintains its headquarters or in the circuit court with |
172 | jurisdiction over the Florida Keys Area as described in chapter |
173 | 28-29, Florida Administrative Code. All proceedings shall be |
174 | initiated in accordance with the Florida Rules of Civil |
175 | Procedure within 30 days after the Administration Commission |
176 | renders its determination. The Administration Commission's |
177 | determination as to whether substantial progress has been made |
178 | toward accomplishing the tasks of the work program shall not be |
179 | subject to administrative review under chapter 120. The state |
180 | land planning agency, following July 15, 1990, shall recommend |
181 | to the Administration Commission the removal of the designation |
182 | specified in subsection (3) if it determines that all local land |
183 | development regulations and local comprehensive plans and the |
184 | administration of such regulations and plans are adequate to |
185 | protect the Florida Keys Area and continue to carry out the |
186 | legislative intent incorporated in subsection (2) and are in |
187 | compliance with the principles for guiding development |
188 | incorporated in subsection (7). If the Administration Commission |
189 | concurs with the recommendations of the state land planning |
190 | agency to remove the designation, it shall, within 45 days of |
191 | receipt of the recommendation, initiate rulemaking to remove the |
192 | designation. The state land planning agency shall thereafter |
193 | make said determination annually, until such time as the |
194 | designation is removed. |
195 | Section 4. Subsection (3) of section 380.0666, Florida |
196 | Statutes, is amended to read: |
197 | 380.0666 Powers of land authority.--The land authority |
198 | shall have all the powers necessary or convenient to carry out |
199 | and effectuate the purposes and provisions of this act, |
200 | including the following powers, which are in addition to all |
201 | other powers granted by other provisions of this act: |
202 | (3) To acquire and dispose of real and personal property |
203 | or any interest therein when such acquisition is necessary or |
204 | appropriate to protect the natural environment, provide public |
205 | access or public recreational facilities, preserve wildlife |
206 | habitat areas, provide affordable housing to families whose |
207 | income does not exceed 160 percent of the median family income |
208 | for the area very-low-income, low-income, or moderate-income |
209 | persons, as defined in s. 420.0004, or provide access to |
210 | management of acquired lands; to acquire interests in land by |
211 | means of land exchanges; and to enter into all alternatives to |
212 | the acquisition of fee interests in land, including, but not |
213 | limited to, the acquisition of easements, development rights, |
214 | life estates, leases, and leaseback arrangements. However, the |
215 | land authority shall make such acquisition only if: |
216 | (a) Such acquisition is consistent with land development |
217 | regulations and local comprehensive plans adopted and approved |
218 | pursuant to this chapter; |
219 | (b) The property acquired is within an area designated as |
220 | an area of critical state concern at the time of acquisition or |
221 | is within an area that was designated as an area of critical |
222 | state concern for at least 20 consecutive years prior to removal |
223 | of the designation; and |
224 | (c) The property to be acquired has not been selected for |
225 | purchase through another local, regional, state, or federal |
226 | public land acquisition program. Such restriction shall not |
227 | apply if the land authority cooperates with the other public |
228 | land acquisition programs which listed the lands for |
229 | acquisition, to coordinate the acquisition and disposition of |
230 | such lands. In such cases, the land authority may enter into |
231 | contractual or other agreements to acquire lands jointly or for |
232 | eventual resale to other public land acquisition programs. |
233 | Section 5. Section 380.0674, Florida Statutes, is amended |
234 | to read: |
235 | 380.0674 Corporate existence.-- |
236 | (1) The land authority and its corporate existence shall |
237 | continue until terminated by law or action of the governing |
238 | board of the county that established it; however, no such law or |
239 | action shall take effect so long as the land authority shall |
240 | have bonds outstanding unless adequate provision has been made |
241 | for the payment thereof. Upon termination of the existence of |
242 | the land authority, all its rights and properties in excess of |
243 | its obligations shall pass to and be vested in the state. |
244 | (2) A land authority created by a county in which one or |
245 | more areas have been designated as an area of critical state |
246 | concern for at least 20 consecutive years prior to removal of |
247 | the designation shall continue to exist and exercise all powers |
248 | granted by this chapter until terminated by law or action of the |
249 | governing board pursuant to subsection (1). |
250 | Section 6. Section 4 of chapter 99-395, Laws of Florida, |
251 | is amended to read: |
252 | Section 4. Notwithstanding any provision of chapter 380, |
253 | part I, to the contrary, a local government within the Florida |
254 | Keys area of critical state concern or an area that was |
255 | designated as an area of critical state concern for at least 20 |
256 | consecutive years prior to removal of the designation may enact |
257 | an ordinance that: |
258 | (1) Requires connection to a central sewerage system |
259 | within 30 days of notice of availability of services; and |
260 | (2) Provides a definition of onsite sewage treatment and |
261 | disposal systems that does not exclude package sewage treatment |
262 | facilities if such facilities are in full compliance with all |
263 | regulatory requirements and treat sewage to advanced wastewater |
264 | treatment standards or utilize effluent reuse as their primary |
265 | method of effluent disposal. |
266 | Section 7. If the designation of the Florida Keys Area as |
267 | an area of critical state concern is removed, the state shall be |
268 | liable in any inverse condemnation action initiated as a result |
269 | of Monroe County land use regulations applicable to the Florida |
270 | Keys Area as described in chapter 28-29, Florida Administrative |
271 | Code, and adopted pursuant to instructions from the |
272 | Administration Commission or pursuant to administrative rule of |
273 | the Administration Commission, to the same extent that the state |
274 | was liable on the date the Administration Commission determined |
275 | that substantial progress had been made toward accomplishing the |
276 | tasks of the work program as defined in s. 380.0552(4)(c), |
277 | Florida Statutes. If, after the designation of the Florida Keys |
278 | Area as an area of critical state concern is removed, an inverse |
279 | condemnation action is initiated based upon land use regulations |
280 | that were not adopted pursuant to instructions from the |
281 | Administration Commission or pursuant to administrative rule of |
282 | the Administration Commission and in effect on the date of the |
283 | designation's removal, the state's liability in the inverse |
284 | condemnation action shall be determined by the courts in the |
285 | manner in which the state's liability is determined in areas |
286 | that are not areas of critical state concern. The state shall |
287 | have standing to appear in any inverse condemnation action. |
288 | Section 8. This act shall take effect July 1, 2006. |