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 for a certain period in areas of
5	critical state concern removed from designation; providing
6	for continued levy beyond that period pursuant to
7	referendum approval of an ordinance reauthorizing the
8	levy; amending s. 212.055, F.S.; authorizing certain
9	counties to continue the use of a portion of local
10	government infrastructure surtax proceeds for certain
11	purposes for a certain period after removal of designation
12	of an area as an area of critical state concern; providing
13	for continued use of a portion of such proceeds for
14	certain purposes pursuant to ordinance; amending s.
15	380.0552, F.S.; providing requirements, procedures, and
16	criteria for Administration Commission removal of
17	designation of the Florida Keys Area as an area of
18	critical state concern; requiring removal of the
19	designation under certain circumstances; providing for
20	judicial review of Administration Commission
21	determinations; requiring review of proposed comprehensive
22	plans and amendments to existing plans after removal of
23	designation and providing review criteria; amending s.
24	380.0666, F.S.; revising the powers of a land authority in
25	an area of critical state concern to acquire property to
26	provide affordable housing; providing for continued power
27	of a land authority to acquire property within an area of
28	critical state concern removed from designation; amending
29	s. 380.0674, F.S.; providing for the continuation of a
30	land authority in an area of critical state concern after
31	removal of the designation; amending s.4, ch. 99-395, Laws
32	of Florida; authorizing local governments in areas of
33	critical state concern removed from designation to
34	continue to enact ordinances relating to central sewerage
35	systems; providing for continuation of existing state
36	liability in certain inverse condemnation actions related
37	to the Florida Keys Area after removal of designation;
38	providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Paragraph (g) is added to subsection (1) of
43	section 125.0108, Florida Statutes, to read:
44	125.0108  Areas of critical state concern; tourist impact
45	tax.--
46	(1)
47	(g)  A county that has levied the tourist impact tax
48	authorized by this section in an area or areas designated as an
49	area of critical state concern for at least 20 consecutive years
50	prior to removal of the designation may continue to levy the
51	tourist impact tax in accordance with this section for 20 years
52	following removal of the designation. After expiration of the
53	20-year period, a county may continue to levy the tourist impact
54	tax authorized by this section if the county adopts an ordinance
55	reauthorizing levy of the tax and the continued levy of the tax
56	is approved by referendum as provided for in subsection (5).
57	Section 2.  Paragraph (f) of subsection (2) of section
58	212.055, Florida Statutes, is amended to read:
59	212.055  Discretionary sales surtaxes; legislative intent;
60	authorization and use of proceeds.--It is the legislative intent
61	that any authorization for imposition of a discretionary sales
62	surtax shall be published in the Florida Statutes as a
63	subsection of this section, irrespective of the duration of the
64	levy. Each enactment shall specify the types of counties
65	authorized to levy; the rate or rates which may be imposed; the
66	maximum length of time the surtax may be imposed, if any; the
67	procedure which must be followed to secure voter approval, if
68	required; the purpose for which the proceeds may be expended;
69	and such other requirements as the Legislature may provide.
70	Taxable transactions and administrative procedures shall be as
71	provided in s. 212.054.
72	(2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--
73	(f)1.  Notwithstanding paragraph (d), a county that has a
74	population of 50,000 or less on April 1, 1992, or any county
75	designated as an area of critical state concern on the effective
76	date of this act, and that imposed the surtax before July 1,
77	1992, may use the proceeds and interest of the surtax for any
78	public purpose if:
79	a.  The debt service obligations for any year are met;
80	b.  The county's comprehensive plan has been determined to
81	be in compliance with part II of chapter 163; and
82	c.  The county has adopted an amendment to the surtax
83	ordinance pursuant to the procedure provided in s. 125.66
84	authorizing additional uses of the surtax proceeds and interest.
85	2.  A municipality located within a county that has a
86	population of 50,000 or less on April 1, 1992, or within a
87	county designated as an area of critical state concern on the
88	effective date of this act, and that imposed the surtax before
89	July 1, 1992, may not use the proceeds and interest of the
90	surtax for any purpose other than an infrastructure purpose
91	authorized in paragraph (d) unless the municipality's
92	comprehensive plan has been determined to be in compliance with
93	part II of chapter 163 and the municipality has adopted an
94	amendment to its surtax ordinance or resolution pursuant to the
95	procedure provided in s. 166.041 authorizing additional uses of
96	the surtax proceeds and interest. Such municipality may expend
97	the surtax proceeds and interest for any public purpose
98	authorized in the amendment.
99	3.  Those counties designated as an area of critical state
100	concern which qualify to use the surtax for any public purpose
101	may use only up to 10 percent of the surtax proceeds for any
102	public purpose other than for infrastructure purposes authorized
103	by this section. A county that was designated as an area of
104	critical state concern for at least 20 consecutive years prior
105	to removal of the designation, and that qualified to use the
106	surtax for any public purpose at the time of the removal of the
107	designation, may continue to use up to 10 percent of the surtax
108	proceeds for any public purpose other than for infrastructure
109	purposes for 20 years following removal of the designation,
110	notwithstanding subparagraph (a)2. After expiration of the 20-
111	year period, a county may continue to use up to 10 percent of
112	the surtax proceeds for any public purpose other than for
113	infrastructure if the county adopts an ordinance providing for
114	such continued use of the surtax proceeds.
115	Section 3.  Subsection (4) of section 380.0552, Florida
116	Statutes, is amended to read:
117	380.0552  Florida Keys Area; protection and designation as
118	area of critical state concern.--
119	(4)  REMOVAL OF DESIGNATION.--
120	(a)  Between July 12, 2008, and August 30, 2008, the state
121	land planning agency shall submit a written report to the
122	Administration Commission describing in detail the progress of
123	the Florida Keys Area toward accomplishing the tasks of the work
124	program as defined in paragraph (c) and providing a
125	recommendation as to whether substantial progress toward
126	accomplishing the tasks of the work program has been achieved.
127	Subsequent to receipt of the report, the Administration
128	Commission shall determine, prior to October 1, 2008, whether
129	substantial progress has been achieved toward accomplishing the
130	tasks of the work program. The designation of the Florida Keys
131	Area as an area of critical state concern under this section
132	shall be removed October 1, 2009, unless the Administration
133	Commission finds, after receipt of the state land planning
134	agency report, that substantial progress has not been achieved
135	toward accomplishing the tasks of the work program. If the
136	designation of the Florida Keys Area as an area of critical
137	state concern is removed, the Administration Commission, within
138	60 days after removal of the designation, shall initiate
139	rulemaking pursuant to chapter 120 to repeal any rules relating
140	to the designation of the Florida Keys Area as an area of
141	critical state concern. If, after receipt of the state land
142	planning agency's report, the Administration Commission finds
143	that substantial progress toward accomplishing the tasks of the
144	work program has not been achieved, the Administration
145	Commission shall provide a written report to the Monroe County
146	Commission within 30 days after making such finding detailing
147	the tasks under the work program that must be accomplished in
148	order for substantial progress to be achieved within the next 12
149	months.
150	(b)  If the designation of the Florida Keys Area as an area
151	of critical state concern is not removed in accordance with
152	paragraph (a), the state land planning agency shall submit a
153	written annual report to the Administration Commission on
154	November 1 of each year, until such time as the designation is
155	removed, describing the progress of the Florida Keys Area toward
156	accomplishing remaining tasks under the work program and
157	providing a recommendation as to whether substantial progress
158	toward accomplishing the tasks of the work program has been
159	achieved. The Administration Commission shall determine, within
160	45 days after receipt of the annual report, whether substantial
161	progress has been achieved toward accomplishing the remaining
162	tasks of the work program. The designation of the Florida Keys
163	Area as an area of critical state concern under this section
164	shall be removed unless the Administration Commission finds that
165	substantial progress has not been achieved toward accomplishing
166	the tasks of the work program. If the designation of the Florida
167	Keys Area as an area of critical state concern is removed, the
168	Administration Commission, within 60 days after removal of the
169	designation, shall initiate rulemaking pursuant to chapter 120
170	to repeal any rules relating to the designation of the Florida
171	Keys Area as an area of critical state concern. If the
172	Administration Commission finds that substantial progress has
173	not been achieved, the Administration Commission shall provide
174	to the Monroe County Commission, within 30 days after making its
175	finding, a report detailing the tasks under the work program
176	that must be accomplished in order for substantial progress to
177	be achieved within the next 12 months.
178	(c)  For purposes of this subsection, the term "work
179	program" means the 10-year work program as set forth in chapter
180	28-20.110, Florida Administrative Code, on January 1, 2006,
181	excluding amendments to the work program that take effect after
182	January 1, 2006.
183	(d)  The determination of the Administration Commission as
184	to whether substantial progress has been made toward
185	accomplishing the tasks of the work program may be judicially
186	reviewed pursuant to chapter 86. All proceedings shall be
187	conducted in the circuit court of the judicial circuit where the
188	Administration Commission maintains its headquarters and shall
189	be initiated within 30 days after rendition of the
190	Administration Commission's determination. The Administration
191	Commission's determination as to whether substantial progress
192	has been made toward accomplishing the tasks of the work program
193	shall be upheld if it is supported by competent and substantial
194	evidence and shall not be subject to administrative review under
195	chapter 120.
196	(e)  After removal of the designation as an area of
197	critical state concern, the state land planning agency shall
198	review proposed local comprehensive plans, and any amendments to
199	existing comprehensive plans, which are applicable to the
200	Florida Keys Area, the boundaries of which were described in
201	chapter 28-29, Florida Administrative Code, as of January 1,
202	2006, for compliance with subparagraphs 1. and 2., in addition
203	to reviewing proposed local comprehensive plans and amendments
204	for compliance as defined in s. 163.3184. All procedures and
205	penalties described in s. 163.3184 apply to the review conducted
206	pursuant to this paragraph.
207	1.  Adoption of construction schedules for wastewater
208	facilities improvements in the annually adopted capital
209	improvements element and adoption of standards for the
210	construction of wastewater treatment facilities which meet or
211	exceed the criteria of chapter 99-395, Laws of Florida.
212	2.  Adoption of goals, objectives, and policies to protect
213	public safety and welfare in the event of a natural disaster by
214	maintaining a hurricane evacuation clearance time for permanent
215	residents of no more than 24 hours. The hurricane evacuation
216	clearance time shall be determined by a hurricane evacuation
217	study conducted in accordance with a professionally accepted
218	methodology and approved by the state land planning agency. The
219	state land planning agency, following July 15, 1990, shall
220	recommend to the Administration Commission the removal of the
221	designation specified in subsection (3) if it determines that
222	all local land development regulations and local comprehensive
223	plans and the administration of such regulations and plans are
224	adequate to protect the Florida Keys Area and continue to carry
225	out the legislative intent incorporated in subsection (2) and
226	are in compliance with the principles for guiding development
227	incorporated in subsection (7). If the Administration Commission
228	concurs with the recommendations of the state land planning
229	agency to remove the designation, it shall, within 45 days of
230	receipt of the recommendation, initiate rulemaking to remove the
231	designation. The state land planning agency shall thereafter
232	make said determination annually, until such time as the
233	designation is removed.
234	Section 4.  Subsection (3) of section 380.0666, Florida
235	Statutes, is amended to read:
236	380.0666  Powers of land authority.--The land authority
237	shall have all the powers necessary or convenient to carry out
238	and effectuate the purposes and provisions of this act,
239	including the following powers, which are in addition to all
240	other powers granted by other provisions of this act:
241	(3)  To acquire and dispose of real and personal property
242	or any interest therein when such acquisition is necessary or
243	appropriate to protect the natural environment, provide public
244	access or public recreational facilities, preserve wildlife
245	habitat areas, provide affordable housing to families whose
246	income does not exceed 160 percent of the median family income
247	for the area very-low-income, low-income, or moderate-income
248	persons, as defined in s. 420.0004, or provide access to
249	management of acquired lands; to acquire interests in land by
250	means of land exchanges; and to enter into all alternatives to
251	the acquisition of fee interests in land, including, but not
252	limited to, the acquisition of easements, development rights,
253	life estates, leases, and leaseback arrangements. However, the
254	land authority shall make such acquisition only if:
255	(a)  Such acquisition is consistent with land development
256	regulations and local comprehensive plans adopted and approved
257	pursuant to this chapter;
258	(b)  The property acquired is within an area designated as
259	an area of critical state concern at the time of acquisition or
260	is within an area that was designated as an area of critical
261	state concern for at least 20 consecutive years prior to removal
262	of the designation; and
263	(c)  The property to be acquired has not been selected for
264	purchase through another local, regional, state, or federal
265	public land acquisition program. Such restriction shall not
266	apply if the land authority cooperates with the other public
267	land acquisition programs which listed the lands for
268	acquisition, to coordinate the acquisition and disposition of
269	such lands. In such cases, the land authority may enter into
270	contractual or other agreements to acquire lands jointly or for
271	eventual resale to other public land acquisition programs.
272	Section 5.  Section 380.0674, Florida Statutes, is amended
273	to read:
274	380.0674  Corporate existence.--
275	(1)  The land authority and its corporate existence shall
276	continue until terminated by law or action of the governing
277	board of the county that established it; however, no such law or
278	action shall take effect so long as the land authority shall
279	have bonds outstanding unless adequate provision has been made
280	for the payment thereof. Upon termination of the existence of
281	the land authority, all its rights and properties in excess of
282	its obligations shall pass to and be vested in the state.
283	(2)  A land authority created by a county in which one or
284	more areas have been designated as an area of critical state
285	concern for at least 20 consecutive years prior to removal of
286	the designation shall continue to exist and exercise all powers
287	granted by this chapter until terminated by law or action of the
288	governing board pursuant to subsection (1).
289	Section 6.  Section 4 of chapter 99-395, Laws of Florida,
290	is amended to read:
291	Section 4.  Notwithstanding any provision of chapter 380,
292	part I, to the contrary, a local government within the Florida
293	Keys area of critical state concern or an area that was
294	designated as an area of critical state concern for at least 20
295	consecutive years prior to removal of the designation may enact
296	an ordinance that:
297	(1)  Requires connection to a central sewerage system
298	within 30 days of notice of availability of services; and
299	(2)  Provides a definition of onsite sewage treatment and
300	disposal systems that does not exclude package sewage treatment
301	facilities if such facilities are in full compliance with all
302	regulatory requirements and treat sewage to advanced wastewater
303	treatment standards or utilize effluent reuse as their primary
304	method of effluent disposal.
305	Section 7.  If the designation of the Florida Keys Area as
306	an area of critical state concern is removed, the state shall be
307	liable in any inverse condemnation action initiated as a result
308	of Monroe County land use regulations applicable to the Florida
309	Keys Area as described in chapter 28-29, Florida Administrative
310	Code, and adopted pursuant to instructions from the
311	Administration Commission or pursuant to administrative rule of
312	the Administration Commission, to the same extent that the state
313	was liable on the date the Administration Commission determined
314	that substantial progress had been made toward accomplishing the
315	tasks of the work program as defined in s. 380.0552(4)(c),
316	Florida Statutes. If, after the designation of the Florida Keys
317	Area as an area of critical state concern is removed, an inverse
318	condemnation action is initiated based upon land use regulations
319	that were not adopted pursuant to instructions from the
320	Administration Commission or pursuant to administrative rule of
321	the Administration Commission and in effect on the date of the
322	designation's removal, the state's liability in the inverse
323	condemnation action shall be determined by the courts in the
324	manner in which the state's liability is determined in areas
325	that are not areas of critical state concern. The state shall
326	have standing to appear in any inverse condemnation action.
327	Section 8.  This act shall take effect July 1, 2006.

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