HB 1299

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
33	Be It Enacted by the Legislature of the State of Florida:
34
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.

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