Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. HB 7203, 2nd Eng.
                        Barcode 051068
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1r/AD/3R         .                    
       05/04/2007 11:31 AM         .                    
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11  Senators Garcia and Webster moved the following substitute for
12  amendment to amendment (943812):
13  
14         Senate Amendment (with title amendment) 
15         On page 15, between lines 14 and 15,
16  
17  insert:  
18         Section 6.  Section 163.32465, Florida Statutes, is
19  created to read:
20         163.32465  State review of local comprehensive plans in
21  urban areas.--
22         (1)  LEGISLATIVE FINDINGS.--
23         (a)  The Legislature finds that local governments in
24  this state have a wide diversity of resources, conditions,
25  abilities, and needs. The Legislature also finds that the
26  needs and resources of urban areas are different from those of
27  rural areas and that different planning and growth management
28  approaches, strategies, and techniques are required in urban
29  areas. The state role in overseeing growth management should
30  reflect this diversity and should vary based on local
31  government conditions, capabilities, needs, and extent of
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Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 development. Thus, the Legislature recognizes and finds that 2 reduced state oversight of local comprehensive planning is 3 justified for some local governments in urban areas. 4 (b) The Legislature finds and declares that this 5 state's urban areas require a reduced level of state oversight 6 because of their high degree of urbanization and the planning 7 capabilities and resources of many of their local governments. 8 An alternative state review process that is adequate to 9 protect issues of regional or statewide importance should be 10 created for appropriate local governments in these areas. 11 Further, the Legislature finds that development, including 12 urban infill and redevelopment, should be encouraged in these 13 urban areas. The Legislature finds that an alternative process 14 for amending local comprehensive plans in these areas should 15 be established with an objective of streamlining the process 16 and recognizing local responsibility and accountability. 17 (c) The Legislature finds a pilot program will be 18 beneficial in evaluating an alternative, expedited plan 19 amendment adoption and review process. Pilot local governments 20 shall represent highly developed counties and the 21 municipalities within these counties and highly populated 22 municipalities. 23 (2) ALTERNATIVE STATE REVIEW PROCESS PILOT 24 PROGRAM.--Pinellas and Broward Counties, and the 25 municipalities within these counties, and Jacksonville, Miami, 26 Tampa, and Hialeah, shall follow an alternative state review 27 process provided in this section. Municipalities within the 28 pilot counties may elect, by super majority vote of the 29 governing body, not to participate in the pilot program. 30 (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN 31 AMENDMENTS UNDER THE PILOT PROGRAM.-- 2 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 (a) Plan amendments adopted by the pilot program 2 jurisdictions shall follow the alternate, expedited process in 3 subsections (4) and (5), except as set forth in paragraphs (b) 4 through (e) of this subsection. 5 (b) Amendments that qualify as small-scale development 6 amendments may continue to be adopted by the pilot program 7 jurisdictions pursuant to ss. 163.3187(1)(c) and (3). 8 (c) Plan amendments that propose a rural land 9 stewardship area pursuant to s. 163.3177(11)(d); propose an 10 optional sector plan; update a comprehensive plan based on an 11 evaluation and appraisal report; implement new statutory 12 requirements; or new plans for newly incorporated 13 municipalities are subject to state review as set forth in s. 14 163.3184. 15 (d) Pilot program jurisdictions shall be subject to 16 the frequency and timing requirements for plan amendments set 17 forth in ss. 163.3187 and 163.3191, except where otherwise 18 stated in this section. 19 (e) The mediation and expedited hearing provisions in 20 s. 163.3189(3) apply to all plan amendments adopted by the 21 pilot program jurisdictions. 22 (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT 23 FOR PILOT PROGRAM.-- 24 (a) The local government shall hold its first public 25 hearing on a comprehensive plan amendment on a weekday at 26 least seven days after the day the first advertisement is 27 published pursuant to the requirements of chapters 125 or 166. 28 Upon an affirmative vote of not less than a majority of the 29 members of the governing body present at the hearing, the 30 local government shall immediately transmit the amendment or 31 amendments and appropriate supporting data and analyses to the 3 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 state land planning agency; the appropriate regional planning 2 council and water management district; the Department of 3 Environmental Protection; the Department of State; the 4 Department of Transportation; in the case of municipal plans, 5 to the appropriate county; the Fish and Wildlife Conservation 6 Commission; the Department of Agriculture and Consumer 7 Services; and in the case of amendments that include or impact 8 the public school facilities element, the Office of 9 Educational Facilities of the Commissioner of Education. The 10 local governing body shall also transmit a copy of the 11 amendments and supporting data and analyses to any other local 12 government or governmental agency that has filed a written 13 request with the governing body. 14 (b) The agencies and local governments specified in 15 paragraph (a) may provide comments regarding the amendment or 16 amendments to the local government. The regional planning 17 council review and comment shall be limited to effects on 18 regional resources or facilities identified in the strategic 19 regional policy plan and extrajurisdictional impacts that 20 would be inconsistent with the comprehensive plan of the 21 affected local government. A regional planning council shall 22 not review and comment on a proposed comprehensive plan 23 amendment prepared by such council unless the plan amendment 24 has been changed by the local government subsequent to the 25 preparation of the plan amendment by the regional planning 26 council. County comments on municipal comprehensive plan 27 amendments shall be primarily in the context of the 28 relationship and effect of the proposed plan amendments on the 29 county plan. Municipal comments on county plan amendments 30 shall be primarily in the context of the relationship and 31 effect of the amendments on the municipal plan. State agency 4 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 comments may include technical guidance on issues of agency 2 jurisdiction as it relates to the requirements of this part. 3 Such comments shall clearly identify issues that, if not 4 resolved, may result in an agency challenge to the plan 5 amendment. For the purposes of this pilot program, agencies 6 are encouraged to focus potential challenges on issues of 7 regional or statewide importance. Agencies and local 8 governments must transmit their comments to the affected local 9 government such that they are received by the local government 10 not later than thirty days from the date on which the agency 11 or government received the amendment or amendments. 12 (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT 13 AREAS.-- 14 (a) The local government shall hold its second public 15 hearing, which shall be a hearing on whether to adopt one or 16 more comprehensive plan amendments, on a weekday at least five 17 days after the day the second advertisement is published 18 pursuant to the requirements of chapters 125 or 166. Adoption 19 of comprehensive plan amendments must be by ordinance and 20 requires an affirmative vote of a majority of the members of 21 the governing body present at the second hearing. 22 (b) All comprehensive plan amendments adopted by the 23 governing body along with the supporting data and analysis 24 shall be transmitted within ten days of the second public 25 hearing to the state land planning agency and any other agency 26 or local government that provided timely comments under 27 subsection 4(b). 28 (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR 29 PILOT PROGRAM.-- 30 (a) Any "affected person" as defined in s. 31 163.3184(1)(a) may file a petition with the Division of 5 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 Administrative Hearings pursuant to ss. 120.569 and 120.57, 2 with a copy served on the affected local government, to 3 request a formal hearing to challenge whether the amendments 4 are "in compliance" as defined in s. 163.3184(1)(b). This 5 petition must be filed with the Division within 30 days after 6 the local government adopts the amendment. The state land 7 planning may intervene in a proceeding instituted by an 8 affected person. 9 (b) The state land planning agency may file a petition 10 with the Division of Administrative Hearings pursuant to ss. 11 120.569 and 120.57, with a copy served on the affected local 12 government, to request a formal hearing. This petition must be 13 filed with the Division within 30 days after the state land 14 planning agency notifies the local government that the plan 15 amendment package is complete. For purposes of this section, 16 an amendment shall be deemed complete if it contains a full, 17 executed copy of the adoption ordinance or ordinances; in the 18 case of a text amendment, a full copy of the amended language 19 in legislative format with new words inserted in the text 20 underlined, and words to be deleted lined through with 21 hyphens; in the case of a future land use map amendment, a 22 copy of the future land use map clearly depicting the parcel, 23 its existing future land use designation, and its adopted 24 designation; and a copy of any data and analyses the local 25 government deems appropriate. The state land planning agency 26 shall notify the local government of any deficiencies within 27 five working days of receipt of amendment package. 28 (c) The state land planning agency's challenge shall 29 be limited to those issues raised in the comments provided by 30 the reviewing agencies pursuant to subsection (4)(b). The 31 state land planning agency may challenge a plan amendment that 6 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 has substantially changed from the version on which the 2 agencies provided comments. For the purposes of this pilot 3 program, the Legislature strongly encourages the state land 4 planning agency to focus any challenge on issues of regional 5 or statewide importance. 6 (d) An administrative law judge shall hold a hearing 7 in the affected local jurisdiction. The local government's 8 determination that the amendment is "in compliance" is 9 presumed to be correct and shall be sustained unless it is 10 shown by a preponderance of the evidence that the amendment is 11 not "in compliance." 12 (e) If the administrative law judge recommends that 13 the amendment be found not in compliance, the judge shall 14 submit the recommended order to the Administration Commission 15 for final agency action. The Administration Commission shall 16 enter a final order within 45 days after its receipt of the 17 recommended order. 18 (f) If the administrative law judge recommends that 19 the amendment be found in compliance, the judge shall submit 20 the recommended order to the state land planning agency. 21 1. If the state land planning agency determines that 22 the plan amendment should be found not in compliance, the 23 agency shall refer, within 30 days of receipt of the 24 recommended order, the recommended order and its determination 25 to the Administration Commission for final agency action. If 26 the commission determines that the amendment is not in 27 compliance, it may sanction the local government as set forth 28 in s. 163.3184(11). 29 2. If the state land planning agency determines that 30 the plan amendment should be found in compliance, the agency 31 shall enter its final order not later than 30 days from 7 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 receipt of the recommended order. 2 (g) An amendment adopted under the expedited 3 provisions of this section shall not become effective until 31 4 days after adoption. If timely challenged, an amendment shall 5 not become effective until the state land planning agency or 6 the Administration Commission enters a final order determining 7 the adopted amendment to be in compliance. 8 (h) Parties to a proceeding under this section may 9 enter into compliance agreements using the process in s. 10 163.3184(16). Any remedial amendment adopted pursuant to a 11 settlement agreement shall be provided to the agencies and 12 governments listed in paragraph (4)(a). 13 (7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL 14 GOVERNMENTS.--Local governments and specific areas that have 15 been designated for alternate review process pursuant to ss. 16 163.3246 and 163.3184(17) and (18) are not subject to this 17 section. 18 (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--Agencies 19 shall not promulgate rules to implement this pilot program. 20 (9) REPORT.--The Office of Program Policy Analysis and 21 Government Accountability shall submit to the Governor, the 22 President of the Senate, and the Speaker of the House of 23 Representatives by December 1, 2008, a report and 24 recommendations for implementing a statewide program that 25 addresses the legislative findings in subsection (1) in areas 26 that meet urban criteria. The Office of Program Policy 27 Analysis and Government Accountability in consultation with 28 the state land planning agency shall develop the report and 29 recommendations with input from other state and regional 30 agencies, local governments and interest groups. Additionally, 31 the office shall review local and state actions and 8 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 correspondence relating to the pilot program to identify 2 issues of process and substance in recommending changes to the 3 pilot program. At a minimum, the report and recommendations 4 shall include the following: 5 (a) Identification of local governments beyond those 6 participating in the pilot program that should be subject to 7 the alternative expedited state review process. The report may 8 recommend that pilot program local governments may no longer 9 be appropriate for such alternative review process. 10 (b) Changes to the alternative expedited state review 11 process for local comprehensive plan amendments identified in 12 the pilot program. 13 (c) Criteria for determining issues of regional or 14 statewide importance that are to be protected in the 15 alternative state review process. 16 (d) In preparing the report and recommendations, the 17 Office of Program Policy Analysis and Government 18 Accountability shall consult with the state land planning 19 agency, the Department of Transportation, the Department of 20 Environmental Protection, and the regional planning agencies 21 in identifying highly developed local governments to 22 participate in the alternative expedited state review process. 23 The Office of Program Policy Analysis and Governmental 24 Accountability shall also solicit citizen input in the 25 potentially affected areas and consult with the affected local 26 governments, and stakeholder groups. 27 Section 7. There is established four full-time 28 equivalent planning positions and appropriated rate in the 29 amount of $220,000 and salary budget authority in the amount 30 of $326,620 from the Grants and Donations Trust Fund in the 31 Division of Community Planning for the purposes of providing 9 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 technical assistance and advice to state and local governments 2 in their ability to respond to growth-related issues, and to 3 ensure compliance with chapter 163 comprehensive planning 4 issues. 5 6 (Redesignate subsequent sections.) 7 8 9 ================ T I T L E A M E N D M E N T =============== 10 And the title is amended as follows: 11 On page 16, line 28, after the semicolon, 12 13 insert: 14 creating s. 163.32465, F.S.; providing for a 15 pilot program to provide a plan review process 16 for certain densely developed areas; providing 17 legislative findings; providing for exempting 18 certain local governments from compliance 19 review by the state land planning agency; 20 authorizing certain municipalities to not 21 participate in the program; providing 22 procedures and requirements for adopting 23 comprehensive plan amendments in such areas; 24 requiring public hearings; providing hearing 25 requirements; providing requirements for local 26 government transmittal of proposed plan 27 amendments; providing for intergovernmental 28 review; providing for regional, county, and 29 municipal review; providing requirements for 30 local government review of certain comments; 31 providing requirements for adoption and 10 6:15 PM 05/03/07 h7203.40ep.01a
Florida Senate - 2007 SENATOR AMENDMENT Bill No. HB 7203, 2nd Eng. Barcode 051068 1 transmittal of plan amendments; providing 2 procedures and requirements for challenges to 3 compliance of adopted plan amendments; 4 providing for administrative hearings; 5 providing for applicability of program 6 provisions; requiring the Office of Program 7 Policy Analysis and Governmental Accountability 8 to evaluate the pilot program and prepare and 9 submit a report to the Governor and 10 Legislature; providing report requirements; 11 establishing four full-time equivalent planning 12 positions; providing an appropriation; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 6:15 PM 05/03/07 h7203.40ep.01a