| 1 | Representative Cannon offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 854-1078 and insert: |
| 5 | 163.32465 State review of local comprehensive plans in |
| 6 | urban areas.-- |
| 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 | issues of regional or statewide importance 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 with an |
| 31 | objective of streamlining the process and recognizing local |
| 32 | responsibility and accountability. |
| 33 | (c) The Legislature finds a pilot program will be |
| 34 | beneficial in evaluating an alternative, expedited plan |
| 35 | amendment adoption and review process. Pilot local governments |
| 36 | shall represent highly developed counties and the municipalities |
| 37 | within these counties and highly populated municipalities. |
| 38 | (2) ALTERNATIVE STATE REVIEW PROCESS PILOT |
| 39 | PROGRAM.--Pinellas and Broward Counties, and the municipalities |
| 40 | within these counties, and Jacksonville, Miami, Tampa, and |
| 41 | Hialeah, shall follow an alternative state review process |
| 42 | provided in this section. Municipalities within the pilot |
| 43 | counties may elect, by supermajority vote of the governing body, |
| 44 | not to participate in the pilot program. |
| 45 | (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS |
| 46 | UNDER THE PILOT PROGRAM.-- |
| 47 | (a) Plan amendments adopted by the pilot program |
| 48 | jurisdictions shall follow the alternate, expedited process in |
| 49 | subsections (4) and (5), except as set forth in paragraphs (b) |
| 50 | through (e) of this subsection. |
| 51 | (b) Amendments that qualify as small-scale development |
| 52 | amendments may continue to be adopted by the pilot program |
| 53 | jurisdictions pursuant to ss. 163.3187(1)(c) and (3). |
| 54 | (c) Plan amendments that propose a rural land stewardship |
| 55 | area pursuant to s. 163.3177(11)(d); propose an optional sector |
| 56 | plan; update a comprehensive plan based on an evaluation and |
| 57 | appraisal report; implement new statutory requirements; or new |
| 58 | plans for newly incorporated municipalities are subject to state |
| 59 | review as set forth in s. 163.3184. |
| 60 | (d) Pilot program jurisdictions shall be subject to the |
| 61 | frequency and timing requirements for plan amendments set forth |
| 62 | in ss. 163.3187 and 163.3191, except where otherwise stated in |
| 63 | this section. |
| 64 | (e) The mediation and expedited hearing provisions in s. |
| 65 | 163.3189(3) apply to all plan amendments adopted by the pilot |
| 66 | program jurisdictions. |
| 67 | (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR |
| 68 | PILOT PROGRAM.-- |
| 69 | (a) The local government shall hold its first public |
| 70 | hearing on a comprehensive plan amendment on a weekday at least |
| 71 | seven days after the day the first advertisement is published |
| 72 | pursuant to the requirements of chapters 125 or 166. Upon an |
| 73 | affirmative vote of not less than a majority of the members of |
| 74 | the governing body present at the hearing, the local government |
| 75 | shall immediately transmit the amendment or amendments and |
| 76 | appropriate supporting data and analyses to the state land |
| 77 | planning agency; the appropriate regional planning council and |
| 78 | water management district; the Department of Environmental |
| 79 | Protection; the Department of State; the Department of |
| 80 | Transportation; in the case of municipal plans, to the |
| 81 | appropriate county; the Fish and Wildlife Conservations |
| 82 | Commission; the Department of Agriculture and Consumer Services; |
| 83 | and in the case of amendments that include or impact the public |
| 84 | school facilities element, the Office of Educational Facilities |
| 85 | of the Commissioner of Education. The local governing body shall |
| 86 | also transmit a copy of the amendments and supporting data and |
| 87 | analyses to any other local government or governmental agency |
| 88 | that has filed a written request with the governing body. |
| 89 | (b) The agencies and local governments specified in |
| 90 | paragraph (a) may provide comments regarding the amendment or |
| 91 | amendments to the local government. The regional planning |
| 92 | council review and comment shall be limited to effects on |
| 93 | regional resources or facilities identified in the strategic |
| 94 | regional policy plan and extrajurisdictional impacts that would |
| 95 | be inconsistent with the comprehensive plan of the affected |
| 96 | local government. A regional planning council shall not review |
| 97 | and comment on a proposed comprehensive plan amendment prepared |
| 98 | by such council unless the plan has been changed by the local |
| 99 | government subsequent to the preparation of the plan by the |
| 100 | regional planning agency. County comments on municipal |
| 101 | comprehensive plan amendments shall be primarily in the context |
| 102 | of the relationship and effect of the proposed plan amendments |
| 103 | on the county plan. Municipal comments on county plan amendments |
| 104 | shall be primarily in the context of the relationship and effect |
| 105 | of the amendments on the municipal plan. State agency comments |
| 106 | may include technical guidance on issues of agency jurisdiction |
| 107 | as it relates to the requirements of this part. Such comments |
| 108 | shall clearly identify issues of regional or statewide |
| 109 | importance that, if not resolved, may result in an agency |
| 110 | challenge to the amendment. Agencies and local governments must |
| 111 | transmit their comments to the affected local government such |
| 112 | that they are received by the local government not later than |
| 113 | thirty days from the date on which the agency or government |
| 114 | received the amendment or amendments. |
| 115 | (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT |
| 116 | AREAS.-- |
| 117 | (a) The local government shall hold its second public |
| 118 | hearing, which shall be a hearing on whether to adopt one or |
| 119 | more comprehensive plan amendments, on a weekday at least five |
| 120 | days after the day the second advertisement is published |
| 121 | pursuant to the requirements of chapters 125 or 166. Adoption of |
| 122 | comprehensive plan amendments must be by ordinance and requires |
| 123 | an affirmative vote of a majority of the members of the |
| 124 | governing body present at the second hearing. |
| 125 | (b) All comprehensive plan amendments adopted by the |
| 126 | governing body along with the supporting data and analysis shall |
| 127 | be transmitted within ten days of the second public hearing to |
| 128 | the state land planning agency and any other agency or local |
| 129 | government that provided timely comments under subsection 4(b). |
| 130 | (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT |
| 131 | PROGRAM.-- |
| 132 | (a) Any "affected person" as defined in s. 163.3184(1)(a) |
| 133 | may file a petition with the Division of Administrative Hearings |
| 134 | pursuant to ss. 120.569 and 120.57, with a copy served on the |
| 135 | affected local government, to request a formal hearing to |
| 136 | challenge whether the amendments are "in compliance" as defined |
| 137 | in s. 163.3184(1)(b). This petition must be filed with the |
| 138 | Division within 30 days after the local government adopts the |
| 139 | amendment. The state land planning may intervene in a proceeding |
| 140 | instituted by an affected person. |
| 141 | (b) The state land planning agency may file a petition |
| 142 | with the Division of Administrative Hearings pursuant to ss. |
| 143 | 120.569 and 120.57, with a copy served on the affected local |
| 144 | government, to request a formal hearing. This petition must be |
| 145 | filed with the Division within 30 days after the state land |
| 146 | planning agency notifies the local government that the plan |
| 147 | amendment package is complete. For purposes of this section, an |
| 148 | amendment shall be deemed complete if it contains a full, |
| 149 | executed copy of the adoption ordinance or ordinances; in the |
| 150 | case of a text amendment, a full copy of the amended language in |
| 151 | legislative format with new words inserted in the text |
| 152 | underlined, and words to be deleted lined through with hyphens; |
| 153 | in the case of a future land use map amendment, a copy of the |
| 154 | future land use map clearly depicting the parcel, its existing |
| 155 | future land use designation, and its adopted designation; and a |
| 156 | copy of any data and analyses the local government deems |
| 157 | appropriate. The state land planning agency shall notify the |
| 158 | local government of any deficiencies within five working days of |
| 159 | receipt of amendment package. |
| 160 | (c) The state land planning agency challenge shall be |
| 161 | limited to issues of regional or statewide importance as they |
| 162 | relate to consistency with the requirements of this part. The |
| 163 | agency's challenge shall be limited to those issues raised in |
| 164 | the comments provided by the reviewing agencies pursuant to |
| 165 | subsection (4)(a). The agency may challenge a plan amendment |
| 166 | that has substantially changed from the version on which the |
| 167 | agencies provided comments, regardless of specific comments |
| 168 | provided to the local government if such change will result in |
| 169 | an impact to issues of regional or statewide importance that the |
| 170 | proposed amendment did not impact. |
| 171 | (d) An administrative law judge shall hold a hearing in |
| 172 | the affected local jurisdiction. The local government's |
| 173 | determination that the amendment is "in compliance" is presumed |
| 174 | to be correct and shall be sustained unless it is shown by a |
| 175 | preponderance of the evidence that the amendment is not "in |
| 176 | compliance." |
| 177 | (e) If the administrative law judge recommends that the |
| 178 | amendment be found not in compliance, the judge shall submit the |
| 179 | recommended order to the Administration Commission for final |
| 180 | agency action. The Administration Commission shall enter a final |
| 181 | order within 45 days after its receipt of the recommended order. |
| 182 | (f) If the administrative law judge recommends that the |
| 183 | amendment be found in compliance, the judge shall submit the |
| 184 | recommended order to the state land planning agency. |
| 185 | 1. If the state land planning agency determines that the |
| 186 | plan amendment should be found not in compliance, the agency |
| 187 | shall refer, within 30 days of receipt of the recommended order, |
| 188 | the recommended order and its determination to the |
| 189 | Administration Commission for final agency action. If the |
| 190 | commission determines that the amendment is not in compliance, |
| 191 | it may sanction the local government as set forth in s. |
| 192 | 163.3184(11). |
| 193 | 2. If the state land planning agency determines that the |
| 194 | plan amendment should be found in compliance, the agency shall |
| 195 | enter its final order not later than 30 days from receipt of the |
| 196 | recommended order. |
| 197 | (g) An amendment adopted under the expedited provisions of |
| 198 | this section shall not become effective until 31 days after |
| 199 | adoption. If timely challenged, an amendment shall not become |
| 200 | effective until the state land planning agency or the |
| 201 | Administration Commission enters a final order determining the |
| 202 | adopted amendment to be in compliance. |
| 203 | (h) Parties to a proceeding under this section may enter |
| 204 | into compliance agreements using the process in s. 163.3184(16). |
| 205 | Any remedial amendment adopted pursuant to a settlement |
| 206 | agreement shall be provided to the agencies and governments |
| 207 | listed in paragraph (4)(a). |
| 208 | (7) APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL |
| 209 | GOVERNEMNTS.--Local governments and specific areas that have |
| 210 | been designated for alternate review process pursuant to ss. |
| 211 | 163.3246 and 163.3184(17) and (18) are not subject to this |
| 212 | section. |
| 213 | (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.--Agencies |
| 214 | shall not promulgate rules to implement this pilot program. |
| 215 | (9) REPORT.--The Office of Program Policy Analysis and |
| 216 | Government Accountability shall submit to the Governor, the |
| 217 | President of the Senate, and the Speaker of the House of |
| 218 | Representatives by December 1, 2008, a report and |
| 219 | recommendations for implementing a statewide program that |
| 220 | addresses the legislative findings in subsection (1) in areas |
| 221 | that meet urban criteria. The Office of Program Policy Analysis |
| 222 | and Government Accountability in consultation with the state |
| 223 | land planning agency shall develop the report and |
| 224 | recommendations with input from other state and regional |
| 225 | agencies, local governments and interest groups. Additionally, |
| 226 | the office shall review local and state actions and |
| 227 | correspondence relating to the pilot program to identify issues |
| 228 | of process and substance in recommending changes to the pilot |
| 229 | program. At a minimum, the report and recommendations shall |
| 230 | include the following: |
| 231 | (a) Identification of local governments beyond those |
| 232 | participating in the pilot program that should be subject to the |
| 233 | alternative expedited state review process. The report may |
| 234 | recommend that pilot program local governments may no longer be |
| 235 | appropriate for such alternative review process. |
| 236 | (b) Changes to the alternative expedited state review |
| 237 | process for local comprehensive plan amendments identified in |
| 238 | the pilot program. |
| 239 | (c) Criteria for determining issues of regional or |
| 240 | statewide importance that are to be protected in the alternative |
| 241 | state review process. |
| 242 | (d) In preparing the report and recommendations, the |
| 243 | Office of Program Policy Analysis and Government Accountability |
| 244 | shall consult with the state land planning agency, the |
| 245 | Department of Transportation, the Department of Environmental |
| 246 | Protection, and the regional planning agencies in identifying |
| 247 | highly developed local governments to participate in the |
| 248 | alternative expedited state review process. The Office of |
| 249 | Program Policy Analysis and Governmental Accountability shall |
| 250 | also solicit citizen input in the potentially affected areas and |
| 251 | consult with the affected local governments, and stakeholder |
| 252 | groups. |
| 253 | Section 9. There is hereby established four full-time |
| 254 | equivalent planning positions and appropriated rate in the |
| 255 | amount of $220,000 and salary budget authority in the amount of |
| 256 | $326,620 from the Grants and Donations Trust Fund in the |
| 257 | Division of Community Planning for the purposes of providing |
| 258 | technical assistance and advice to state and local governments |
| 259 | in their ability to respond to growth-related issues, and to |
| 260 | ensure compliance with chapter 163 comprehensive planning |
| 261 | issues. |
| 262 |
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| 263 | ======= T I T L E A M E N D M E N T ======= |
| 264 | Remove lines 51-56 and insert: |
| 265 | applicability of program provisions; requiring the Office of |
| 266 | Program Policy Analysis and Governmental Accountability to |
| 267 | evaluate the pilot program and prepare and submit a report to |
| 268 | the Governor and Legislature; providing report requirements; |
| 269 | establishing four full-time equivalent planning positions; |
| 270 | providing an appropriation; amending s. 380.06, F.S.; extending |