| 1 | Representatives Cannon and Kravitz offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 857-1081 and insert: |
| 5 | 163.32465 Pilot program for alternative state review |
| 6 | process.-- |
| 7 | (1) LEGISLATIVE FINDINGS.-- |
| 8 | (a) The Legislature finds that local governments in this |
| 9 | state have a wide diversity of resources, conditions, abilities, |
| 10 | and needs. The Legislature also finds that the needs and |
| 11 | resources of urban areas are different from those of rural areas |
| 12 | and that different planning and growth management approaches, |
| 13 | strategies, and techniques are required in urban areas. The |
| 14 | state role in overseeing growth management should reflect this |
| 15 | diversity and should vary based on local government conditions, |
| 16 | capabilities, needs, and extent of development. Thus, the |
| 17 | Legislature recognizes and finds that reduced state oversight of |
| 18 | local comprehensive planning is justified for some local |
| 19 | governments in urban areas. |
| 20 | (b) The Legislature finds and declares that this state's |
| 21 | urban areas require a reduced level of state oversight because |
| 22 | of their high degree of urbanization and the planning |
| 23 | capabilities and resources of many of their local governments. |
| 24 | An alternative state review process that is adequate to protect |
| 25 | significant state and regional interests should be created for |
| 26 | appropriate local governments in these areas. Further, the |
| 27 | Legislature finds that development, including urban infill and |
| 28 | redevelopment, should be encouraged in these urban areas. The |
| 29 | Legislature finds that an alternative process for amending local |
| 30 | comprehensive plans in these areas should be established. |
| 31 | (2) ALTERNATIVE STATE REVIEW PROCESS PILOT |
| 32 | PROGRAM.--Pinellas and Broward Counties, as examples of highly |
| 33 | developed counties, and the municipalities within these |
| 34 | counties, and Jacksonville, Miami, Tampa, Hialeah, and |
| 35 | Tallahassee, as examples of highly populated municipalities, |
| 36 | with processes in place to allow for coordination of planning |
| 37 | activities with local oversight are exempt from compliance |
| 38 | reviews by the state land planning agency. Municipalities within |
| 39 | exempt counties may elect, by supermajority vote of the |
| 40 | governing body, not to participate in the pilot program. |
| 41 | (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS |
| 42 | FOR EXEMPT COUNTIES AND MUNICIPALITIES.-- |
| 43 | (a) Plan amendments proposed and adopted under this |
| 44 | section shall follow the procedures of this section and are not |
| 45 | subject to state land planning agency review pursuant to ss. |
| 46 | 163.3184 and 163.3187, unless otherwise provided in this |
| 47 | section. |
| 48 | (b) Small scale amendments shall be adopted pursuant to s. |
| 49 | 163.3187. |
| 50 | (c) Plan amendments that propose a rural land stewardship |
| 51 | area pursuant to s. 163.3177(11)(d), update a comprehensive plan |
| 52 | based on an evaluation and appraisal report, or are the initial |
| 53 | implementation of new statutory requirements that require |
| 54 | specific comprehensive plan amendments shall be reviewed |
| 55 | pursuant to s. 163.3184. |
| 56 | (4) DEFINITIONS.--The definitions of s. 163.3184(1) apply |
| 57 | for purposes of this section. |
| 58 | (5) PUBLIC HEARINGS.-- |
| 59 | (a) The procedure for transmittal of a complete proposed |
| 60 | comprehensive plan amendment pursuant to subsection (6) and for |
| 61 | adoption of a comprehensive plan amendment pursuant to |
| 62 | subsection (9) shall be by affirmative vote of at least a |
| 63 | majority of the members of the governing body present at the |
| 64 | hearing. The adoption of a comprehensive plan amendment shall be |
| 65 | by ordinance. For the purposes of transmitting or adopting a |
| 66 | comprehensive plan or plan amendment, the notice requirements in |
| 67 | chapters 125 and 166 are superseded by this subsection, except |
| 68 | as provided in this part. |
| 69 | (b) The local governing body shall hold at least two |
| 70 | advertised public hearings on a proposed comprehensive plan |
| 71 | amendment as follows: |
| 72 | 1. The first public hearing shall be held at the |
| 73 | transmittal stage pursuant to subsection (6). The hearing shall |
| 74 | be held on a weekday at least 7 days after the day the first |
| 75 | advertisement is published. |
| 76 | 2. The second public hearing shall be held at the adoption |
| 77 | stage pursuant to subsection (9). The hearing shall be held on a |
| 78 | weekday at least 5 days after the day the second advertisement |
| 79 | is published. |
| 80 | (c) The local government shall provide a sign-in form at |
| 81 | each hearing for persons to provide their names and mailing |
| 82 | addresses. The local government shall add to the sign-in form |
| 83 | the name and address of any person or governmental agency that |
| 84 | submits written comments concerning the proposed plan amendment |
| 85 | during the time period between the commencement of the |
| 86 | transmittal hearing and the end of the adoption hearing. |
| 87 | (d) If a proposed comprehensive plan amendment changes the |
| 88 | actual list of permitted, conditional, or prohibited uses within |
| 89 | a future land use category or changes the actual future land use |
| 90 | map designation of any parcel of land, the required |
| 91 | advertisements shall be in the format prescribed by s. |
| 92 | 125.66(4)(b)2. for a county or by s. 166.041(3)(c)2.b. for a |
| 93 | municipality. |
| 94 | (6) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN |
| 95 | AMENDMENT.--Each local governing body shall transmit a complete |
| 96 | proposed comprehensive plan amendment to the state land planning |
| 97 | agency; the appropriate regional planning council and water |
| 98 | management district; the Department of Environmental Protection; |
| 99 | the Department of State; the Department of Transportation; in |
| 100 | the case of municipal plans, to the appropriate county; and, in |
| 101 | the case of county plans, to the Fish and Wildlife Conservation |
| 102 | Commission and the Department of Agriculture and Consumer |
| 103 | Services immediately after a public hearing pursuant to |
| 104 | subsection (5) as specified in the state land planning agency's |
| 105 | procedural rules. If the plan amendment includes or impacts the |
| 106 | public school facilities element pursuant to s. 163.3177(12), |
| 107 | the local government shall submit a copy to the Office of |
| 108 | Educational Facilities of the Commissioner of Education for |
| 109 | review and comment. The local governing body shall also transmit |
| 110 | a copy of the complete proposed comprehensive plan amendment to |
| 111 | any other unit of local government or government agency in the |
| 112 | state that has filed a written request with the governing body |
| 113 | for a copy of the plan amendment. Local governing bodies shall |
| 114 | consolidate all proposed plan amendments into a single |
| 115 | submission for each of the two plan amendment adoption dates |
| 116 | during the calendar year pursuant to s. 163.3187. |
| 117 | (7) INTERGOVERNMENTAL REVIEW.--The governmental agencies |
| 118 | specified in subsection (6) may provide comments to the local |
| 119 | government. State agency comments may include technical guidance |
| 120 | on issues of agency jurisdiction as it relates to the |
| 121 | requirements of this act. Such comments shall clearly identify |
| 122 | issues of statewide importance that, if not resolved, may result |
| 123 | in an agency challenge to the amendment. Comments, if provided, |
| 124 | shall be submitted within 30 days after receipt of the proposed |
| 125 | plan amendment. |
| 126 | (8) REGIONAL, COUNTY, AND MUNICIPAL REVIEW.--The review of |
| 127 | the regional planning council pursuant to subsection (7) shall |
| 128 | be limited to effects on regional resources or facilities |
| 129 | identified in the strategic regional policy plan and |
| 130 | extrajurisdictional impacts that would be inconsistent with the |
| 131 | comprehensive plan of the affected local government. A regional |
| 132 | planning council shall not review and comment on a proposed |
| 133 | comprehensive plan amendment prepared by such council. The |
| 134 | review by the county land planning agency pursuant to subsection |
| 135 | (7) shall be primarily in the context of the relationship and |
| 136 | effect of the proposed plan amendment on any county |
| 137 | comprehensive plan element. Any review by municipalities must be |
| 138 | primarily in the context of the relationship and effect on the |
| 139 | municipal plan. |
| 140 | (9) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF PLAN |
| 141 | AMENDMENTS AND TRANSMITTAL.-- |
| 142 | (a) The local government shall review any submitted |
| 143 | written comments and testimony provided by any person or |
| 144 | governmental agency. Any comments or recommendations and any |
| 145 | reply to comments or recommendations are public documents, a |
| 146 | part of the permanent record in the matter, and admissible in |
| 147 | any proceeding in which the comprehensive plan amendment may be |
| 148 | at issue. The adoption of the proposed plan amendment or the |
| 149 | determination not to adopt a plan amendment, other than a plan |
| 150 | amendment proposed pursuant to s. 163.3191, shall be made in the |
| 151 | course of a public hearing pursuant to subsection (5). The local |
| 152 | government shall transmit the complete adopted comprehensive |
| 153 | plan amendment, including the names and addresses of persons |
| 154 | compiled pursuant to paragraph (5)(c), to the state land |
| 155 | planning agency within 10 working days after the amendment is |
| 156 | adopted. The local governing body shall also transmit a copy of |
| 157 | the adopted comprehensive plan amendment to the regional |
| 158 | planning agency and to any other unit of local government or |
| 159 | governmental agency in the state that has filed a written |
| 160 | request with the governing body for a copy of the plan |
| 161 | amendment. |
| 162 | (b) If the adopted plan amendment is unchanged from the |
| 163 | proposed plan amendment transmitted pursuant to subsection (6), |
| 164 | the local government may state in the transmittal letter that |
| 165 | the plan amendment is unchanged. |
| 166 | (10) CHALLENGES TO THE COMPLIANCE OF AN ADOPTED PLAN |
| 167 | AMENDMENT.-- |
| 168 | (a) Any affected person as defined by s. 163.3184(1)(a), |
| 169 | the state land planning agency, the Department of Environmental |
| 170 | Protection, or the Department of Transportation may file a |
| 171 | petition with the Division of Administrative Hearings pursuant |
| 172 | to ss. 120.569 and 120.57 to request a hearing to challenge the |
| 173 | compliance of an amendment with this section within 30 days |
| 174 | after the local government adopts the amendment and shall serve |
| 175 | a copy of the petition on the local government. The state land |
| 176 | planning agency may intervene in any proceeding initiated |
| 177 | pursuant to this subsection. The state land planning agency, the |
| 178 | Department of Environmental Protection, and the Department of |
| 179 | Transportation are encouraged to focus any challenges on issues |
| 180 | of statewide importance. Any challenge by these state agencies |
| 181 | shall be limited to those issues raised in comments provided to |
| 182 | the local government during the transmittal review pursuant to |
| 183 | subsection (7). |
| 184 | (b) An administrative law judge shall hold a hearing in |
| 185 | the affected jurisdiction not less than 30 days nor more than 60 |
| 186 | days after a petition is filed and an administrative law judge |
| 187 | is assigned. The parties to a hearing held pursuant to this |
| 188 | subsection shall be the petitioner, the local government, and |
| 189 | any intervenor. In the proceeding, the local government's |
| 190 | determination that the amendment is in compliance is presumed to |
| 191 | be correct. The local government's determination shall be |
| 192 | sustained unless it is shown by a preponderance of the evidence |
| 193 | that the amendment is not in compliance with the requirements of |
| 194 | this section. |
| 195 | (c)1. If the administrative law judge recommends that the |
| 196 | amendment be found to be not in compliance, the administrative |
| 197 | law judge shall submit the recommended order to the |
| 198 | Administration Commission for final agency action. The |
| 199 | Administration Commission shall enter a final order within 45 |
| 200 | days after its receipt of the recommended order. |
| 201 | 2. If the administrative law judge recommends that the |
| 202 | amendment be found to be in compliance, the administrative law |
| 203 | judge shall submit the recommended order to the state land |
| 204 | planning agency for final agency action. If the state land |
| 205 | planning agency determines that the plan amendment is not in |
| 206 | compliance, the agency shall submit, within 30 days after |
| 207 | receiving a recommended order, the recommended order to the |
| 208 | Administration Commission for final agency action. If the state |
| 209 | land planning agency determines that the plan amendment is in |
| 210 | compliance, the agency shall enter a final order within 30 days |
| 211 | after its receipt of the recommended order. |
| 212 | (d) An amendment shall not become effective until 31 days |
| 213 | after adoption. If challenged within 30 days after adoption, an |
| 214 | amendment shall not become effective until the state land |
| 215 | planning agency or the Administration Commission, respectively, |
| 216 | issues a final order determining the adopted amendment is in |
| 217 | compliance. |
| 218 | (11) APPLICABILITY.-- |
| 219 | (a) This section does not supersede the provisions of s. |
| 220 | 163.3187(6). |
| 221 | (b) Local governments and specific areas that have been |
| 222 | designated for alternate review process pursuant to ss. 163.3246 |
| 223 | and 163.3184(17) and (18) are not subject to this section. |
| 224 | (12) ASSISTANCE.--A local government may seek technical |
| 225 | assistance from the state land planning agency on planning |
| 226 | issues relating to its comprehensive plan regardless of its |
| 227 | status in this program. |
| 228 | (13) RULEMAKING AUTHORITY.--No rulemaking authority is |
| 229 | expressly granted pursuant to this pilot program. |
| 230 | (14) REPORTS.--The Office of Program Policy Analysis and |
| 231 | Government Accountability shall submit to the Governor, the |
| 232 | President of the Senate, and the Speaker of the House of |
| 233 | Representatives by December 1, 2008, a report and |
| 234 | recommendations for implementing a statewide program that |
| 235 | addresses the legislative findings in subsection (1) in areas |
| 236 | that meet urban criteria. The Office of Program Policy Analysis |
| 237 | and Government Accountability shall consult the state land |
| 238 | planning agency and other state agencies in preparing the report |
| 239 | and recommendations. At a minimum, the report and |
| 240 | recommendations shall include the following: |
| 241 | (a) Identification of local governments beyond those |
| 242 | participating in the pilot program that should be subject to the |
| 243 | alternative expedited state review process. The report may |
| 244 | recommend that pilot program local governments may no longer be |
| 245 | appropriate for such alternative review process. |
| 246 | (b) Changes to the alternative expedited state review |
| 247 | process for local comprehensive plan amendments identified in |
| 248 | the pilot program. |
| 249 | (c) Criteria for determining significant state and |
| 250 | regional interests that are to be protected in the alternative |
| 251 | state review process. |
| 252 | (d) In preparing the report and recommendations, the |
| 253 | Office of Program Policy Analysis and Government Accountability |
| 254 | shall consult with the state land planning agency, the |
| 255 | Department of Transportation, the Department of Environmental |
| 256 | Protection, and the regional planning agencies in identifying |
| 257 | highly developed local governments to participate in the |
| 258 | alternative expedited state review process. The Office of |
| 259 | Program Policy Analysis and Governmental Accountability shall |
| 260 | also solicit citizen input in the potentially affected areas and |
| 261 | consult with the affected local governments, and stakeholder |
| 262 | groups. |