HB 1299

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 areas of critical state concern;
7	amending s. 125.0108, F.S.; authorizing the continued levy
8	of the tourist impact tax for a certain period in areas of
9	critical state concern removed from designation; providing
10	for continued levy beyond that period pursuant to
11	referendum approval of an ordinance reauthorizing the
12	levy; amending s. 212.055, F.S.; authorizing certain
13	counties to continue the use of a portion of local
14	government infrastructure surtax proceeds for certain
15	purposes for a certain period after removal of designation
16	of an area as an area of critical state concern; providing
17	for continued use of a portion of such proceeds for
18	certain purposes pursuant to ordinance; amending s.
19	380.0552, F.S.; providing requirements, procedures, and
20	criteria for Administration Commission removal of
21	designation of the Florida Keys Area as an area of
22	critical state concern; requiring removal of the
23	designation under certain circumstances; providing for
24	judicial review of Administration Commission
25	determinations; requiring review of proposed comprehensive
26	plans and amendments to existing plans after removal of
27	designation and providing review criteria; amending s.
28	380.0666, F.S.; revising the powers of a land authority in
29	an area of critical state concern to acquire property to
30	provide affordable housing; providing for continued power
31	of a land authority to acquire property within an area of
32	critical state concern removed from designation; amending
33	s. 380.0674, F.S.; providing for the continuation of a
34	land authority in an area of critical state concern after
35	removal of the designation; amending s.4, ch. 99-395, Laws
36	of Florida; authorizing local governments in areas of
37	critical state concern removed from designation to
38	continue to enact ordinances relating to central sewerage
39	systems; providing for continuation of existing state
40	liability in certain inverse condemnation actions related
41	to the Florida Keys Area after removal of designation;
42	providing an effective date.
43
44	Be It Enacted by the Legislature of the State of Florida:
45
46	Section 1.  Paragraph (g) is added to subsection (1) of
47	section 125.0108, Florida Statutes, to read:
48	125.0108  Areas of critical state concern; tourist impact
49	tax.--
50	(1)
51	(g)  A county that has levied the tourist impact tax
52	authorized by this section in an area or areas designated as an
53	area of critical state concern for at least 20 consecutive years
54	prior to removal of the designation may continue to levy the
55	tourist impact tax in accordance with this section for 20 years
56	following removal of the designation. After expiration of the
57	20-year period, a county may continue to levy the tourist impact
58	tax authorized by this section if the county adopts an ordinance
59	reauthorizing levy of the tax and the continued levy of the tax
60	is approved by referendum as provided for in subsection (5).
61	Section 2.  Paragraph (f) of subsection (2) of section
62	212.055, Florida Statutes, is amended to read:
63	212.055  Discretionary sales surtaxes; legislative intent;
64	authorization and use of proceeds.--It is the legislative intent
65	that any authorization for imposition of a discretionary sales
66	surtax shall be published in the Florida Statutes as a
67	subsection of this section, irrespective of the duration of the
68	levy. Each enactment shall specify the types of counties
69	authorized to levy; the rate or rates which may be imposed; the
70	maximum length of time the surtax may be imposed, if any; the
71	procedure which must be followed to secure voter approval, if
72	required; the purpose for which the proceeds may be expended;
73	and such other requirements as the Legislature may provide.
74	Taxable transactions and administrative procedures shall be as
75	provided in s. 212.054.
76	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
77	(f)1.  Notwithstanding paragraph (d), a county that has a
78	population of 50,000 or less on April 1, 1992, or any county
79	designated as an area of critical state concern on the effective
80	date of this act, and that imposed the surtax before July 1,
81	1992, may use the proceeds and interest of the surtax for any
82	public purpose if:
83	a.  The debt service obligations for any year are met;
84	b.  The county's comprehensive plan has been determined to
85	be in compliance with part II of chapter 163; and
86	c.  The county has adopted an amendment to the surtax
87	ordinance pursuant to the procedure provided in s. 125.66
88	authorizing additional uses of the surtax proceeds and interest.
89	2.  A municipality located within a county that has a
90	population of 50,000 or less on April 1, 1992, or within a
91	county designated as an area of critical state concern on the
92	effective date of this act, and that imposed the surtax before
93	July 1, 1992, may not use the proceeds and interest of the
94	surtax for any purpose other than an infrastructure purpose
95	authorized in paragraph (d) unless the municipality's
96	comprehensive plan has been determined to be in compliance with
97	part II of chapter 163 and the municipality has adopted an
98	amendment to its surtax ordinance or resolution pursuant to the
99	procedure provided in s. 166.041 authorizing additional uses of
100	the surtax proceeds and interest. Such municipality may expend
101	the surtax proceeds and interest for any public purpose
102	authorized in the amendment.
103	3.  Those counties designated as an area of critical state
104	concern which qualify to use the surtax for any public purpose
105	may use only up to 10 percent of the surtax proceeds for any
106	public purpose other than for infrastructure purposes authorized
107	by this section. A county that was designated as an area of
108	critical state concern for at least 20 consecutive years prior
109	to removal of the designation, and that qualified to use the
110	surtax for any public purpose at the time of the removal of the
111	designation, may continue to use up to 10 percent of the surtax
112	proceeds for any public purpose other than for infrastructure
113	purposes for 20 years following removal of the designation,
114	notwithstanding subparagraph (a)2. After expiration of the 20-
115	year period, a county may continue to use up to 10 percent of
116	the surtax proceeds for any public purpose other than for
117	infrastructure if the county adopts an ordinance providing for
118	such continued use of the surtax proceeds.
119	Section 3.  Subsection (4) of section 380.0552, Florida
120	Statutes, is amended to read:
121	380.0552  Florida Keys Area; protection and designation as
122	area of critical state concern.--
123	(4)  REMOVAL OF DESIGNATION.--
124	(a)  Between July 12, 2007, and August 30, 2007, the state
125	land planning agency shall submit a written report to the
126	Administration Commission describing in detail the progress of
127	the Florida Keys Area toward accomplishing the tasks of the work
128	program as defined in paragraph (c) and providing a
129	recommendation as to whether substantial progress toward
130	accomplishing the tasks of the work program has been achieved.
131	Subsequent to receipt of the report, the Administration
132	Commission shall determine, prior to October 1, 2007, whether
133	substantial progress has been achieved toward accomplishing the
134	tasks of the work program. The designation of the Florida Keys
135	Area as an area of critical state concern under this section
136	shall be removed October 1, 2007, unless the Administration
137	Commission finds, after receipt of the state land planning
138	agency report, that substantial progress has not been achieved
139	toward accomplishing the tasks of the work program. If the
140	designation of the Florida Keys Area as an area of critical
141	state concern is removed, the Administration Commission, within
142	60 days after removal of the designation, shall initiate
143	rulemaking pursuant to chapter 120 to repeal any rules relating
144	to the designation of the Florida Keys Area as an area of
145	critical state concern. If, after receipt of the state land
146	planning agency's report, the Administration Commission finds
147	that substantial progress toward accomplishing the tasks of the
148	work program has not been achieved, the Administration
149	Commission shall provide a written report to the Monroe County
150	Commission within 30 days after making such finding detailing
151	the tasks under the work program that must be accomplished in
152	order for substantial progress to be achieved within the next 12
153	months.
154	(b)  If the designation of the Florida Keys Area as an area
155	of critical state concern is not removed in accordance with
156	paragraph (a), the state land planning agency shall submit a
157	written annual report to the Administration Commission on
158	November 1 of each year, until such time as the designation is
159	removed, describing the progress of the Florida Keys Area toward
160	accomplishing remaining tasks under the work program and
161	providing a recommendation as to whether substantial progress
162	toward accomplishing the tasks of the work program has been
163	achieved. The Administration Commission shall determine, within
164	45 days after receipt of the annual report, whether substantial
165	progress has been achieved toward accomplishing the remaining
166	tasks of the work program. The designation of the Florida Keys
167	Area as an area of critical state concern under this section
168	shall be removed unless the Administration Commission finds that
169	substantial progress has not been achieved toward accomplishing
170	the tasks of the work program. If the designation of the Florida
171	Keys Area as an area of critical state concern is removed, the
172	Administration Commission, within 60 days after removal of the
173	designation, shall initiate rulemaking pursuant to chapter 120
174	to repeal any rules relating to the designation of the Florida
175	Keys Area as an area of critical state concern. If the
176	Administration Commission finds that substantial progress has
177	not been achieved, the Administration Commission shall provide
178	to the Monroe County Commission, within 30 days after making its
179	finding, a report detailing the tasks under the work program
180	that must be accomplished in order for substantial progress to
181	be achieved within the next 12 months.
182	(c)  For purposes of this subsection, the term "work
183	program" means the 10-year work program as set forth in chapter
184	28-20.110, Florida Administrative Code, on January 1, 2006,
185	excluding amendments to the work program that take effect after
186	January 1, 2006.
187	(d)  The determination of the Administration Commission as
188	to whether substantial progress has been made toward
189	accomplishing the tasks of the work program may be judicially
190	reviewed pursuant to chapter 86. All proceedings shall be
191	conducted in the circuit court of the judicial circuit where the
192	Administration Commission maintains its headquarters and shall
193	be initiated within 30 days after rendition of the
194	Administration Commission's determination. The Administration
195	Commission's determination as to whether substantial progress
196	has been made toward accomplishing the tasks of the work program
197	shall be upheld if it is fairly debatable and shall not be
198	subject to administrative review under chapter 120.
199	(e)  After removal of the designation as an area of
200	critical state concern, the state land planning agency shall
201	review proposed local comprehensive plans, and any amendments to
202	existing comprehensive plans, which are applicable to the
203	Florida Keys Area, the boundaries of which were described in
204	chapter 28-29, Florida Administrative Code, as of January 1,
205	2006, for compliance with subparagraphs 1. and 2., in addition
206	to reviewing proposed local comprehensive plans and amendments
207	for compliance as defined in s. 163.3184. All procedures and
208	penalties described in s. 163.3184 apply to the review conducted
209	pursuant to this paragraph.
210	1.  Adoption of construction schedules for wastewater
211	facilities improvements in the annually adopted capital
212	improvements element and adoption of standards for the
213	construction of wastewater treatment facilities which meet or
214	exceed the criteria of chapter 99-395, Laws of Florida.
215	2.  Adoption of goals, objectives, and policies to protect
216	public safety and welfare in the event of a natural disaster by
217	maintaining a hurricane evacuation clearance time for permanent
218	residents of no more than 24 hours. The hurricane evacuation
219	clearance time shall be determined by a hurricane evacuation
220	study conducted in accordance with a professionally accepted
221	methodology and approved by the state land planning agency. The
222	state land planning agency, following July 15, 1990, shall
223	recommend to the Administration Commission the removal of the
224	designation specified in subsection (3) if it determines that
225	all local land development regulations and local comprehensive
226	plans and the administration of such regulations and plans are
227	adequate to protect the Florida Keys Area and continue to carry
228	out the legislative intent incorporated in subsection (2) and
229	are in compliance with the principles for guiding development
230	incorporated in subsection (7). If the Administration Commission
231	concurs with the recommendations of the state land planning
232	agency to remove the designation, it shall, within 45 days of
233	receipt of the recommendation, initiate rulemaking to remove the
234	designation. The state land planning agency shall thereafter
235	make said determination annually, until such time as the
236	designation is removed.
237	Section 4.  Subsection (3) of section 380.0666, Florida
238	Statutes, is amended to read:
239	380.0666  Powers of land authority.--The land authority
240	shall have all the powers necessary or convenient to carry out
241	and effectuate the purposes and provisions of this act,
242	including the following powers, which are in addition to all
243	other powers granted by other provisions of this act:
244	(3)  To acquire and dispose of real and personal property
245	or any interest therein when such acquisition is necessary or
246	appropriate to protect the natural environment, provide public
247	access or public recreational facilities, preserve wildlife
248	habitat areas, provide affordable housing to families whose
249	income does not exceed 160 percent of the median family income
250	for the area very-low-income, low-income, or moderate-income
251	persons, as defined in s. 420.0004, or provide access to
252	management of acquired lands; to acquire interests in land by
253	means of land exchanges; and to enter into all alternatives to
254	the acquisition of fee interests in land, including, but not
255	limited to, the acquisition of easements, development rights,
256	life estates, leases, and leaseback arrangements. However, the
257	land authority shall make such acquisition only if:
258	(a)  Such acquisition is consistent with land development
259	regulations and local comprehensive plans adopted and approved
260	pursuant to this chapter;
261	(b)  The property acquired is within an area designated as
262	an area of critical state concern at the time of acquisition or
263	is within an area that was designated as an area of critical
264	state concern for at least 20 consecutive years prior to removal
265	of the designation; and
266	(c)  The property to be acquired has not been selected for
267	purchase through another local, regional, state, or federal
268	public land acquisition program. Such restriction shall not
269	apply if the land authority cooperates with the other public
270	land acquisition programs which listed the lands for
271	acquisition, to coordinate the acquisition and disposition of
272	such lands. In such cases, the land authority may enter into
273	contractual or other agreements to acquire lands jointly or for
274	eventual resale to other public land acquisition programs.
275	Section 5.  Section 380.0674, Florida Statutes, is amended
276	to read:
277	380.0674  Corporate existence.--
278	(1)  The land authority and its corporate existence shall
279	continue until terminated by law or action of the governing
280	board of the county that established it; however, no such law or
281	action shall take effect so long as the land authority shall
282	have bonds outstanding unless adequate provision has been made
283	for the payment thereof. Upon termination of the existence of
284	the land authority, all its rights and properties in excess of
285	its obligations shall pass to and be vested in the state.
286	(2)  A land authority created by a county in which one or
287	more areas have been designated as an area of critical state
288	concern for at least 20 consecutive years prior to removal of
289	the designation shall continue to exist and exercise all powers
290	granted by this chapter until terminated by law or action of the
291	governing board pursuant to subsection (1).
292	Section 6.  Section 4 of chapter 99-395, Laws of Florida,
293	is amended to read:
294	Section 4.  Notwithstanding any provision of chapter 380,
295	part I, to the contrary, a local government within the Florida
296	Keys area of critical state concern or an area that was
297	designated as an area of critical state concern for at least 20
298	consecutive years prior to removal of the designation may enact
299	an ordinance that:
300	(1)  Requires connection to a central sewerage system
301	within 30 days of notice of availability of services; and
302	(2)  Provides a definition of onsite sewage treatment and
303	disposal systems that does not exclude package sewage treatment
304	facilities if such facilities are in full compliance with all
305	regulatory requirements and treat sewage to advanced wastewater
306	treatment standards or utilize effluent reuse as their primary
307	method of effluent disposal.
308	Section 7.  If the designation of the Florida Keys Area as
309	an area of critical state concern is removed, the state shall be
310	liable in any inverse condemnation action initiated as a result
311	of Monroe County land use regulations applicable to the Florida
312	Keys Area as described in chapter 28-29, Florida Administrative
313	Code, and adopted pursuant to instructions from the
314	Administration Commission or pursuant to administrative rule of
315	the Administration Commission, to the same extent that the state
316	was liable on the date the Administration Commission determined
317	that substantial progress had been made toward accomplishing the
318	tasks of the work program as defined in s. 380.0552(4)(c),
319	Florida Statutes. If, after the designation of the Florida Keys
320	Area as an area of critical state concern is removed, an inverse
321	condemnation action is initiated based upon land use regulations
322	that were not adopted pursuant to instructions from the
323	Administration Commission or pursuant to administrative rule of
324	the Administration Commission and in effect on the date of the
325	designation's removal, the state's liability in the inverse
326	condemnation action shall be determined by the courts in the
327	manner in which the state's liability is determined in areas
328	that are not areas of critical state concern. The state shall
329	have standing to appear in any inverse condemnation action.
330	Section 8.  This act shall take effect July 1, 2006.

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