Florida Senate - 2008 SENATOR AMENDMENT

Bill No. CS for CS for CS for SB 1544

526482

CHAMBER ACTION

Senate

Floor: 7/AD/2R

4/17/2008 10:24 AM

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House



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Senator Constantine moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete line(s) 578-711

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and insert:

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     Section 4.  Paragraphs (a), (b), (d), (f), and (j) of

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subsection (6) of section 163.3177, Florida Statutes, are amended

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to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards for to be

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followed in the control and distribution of population densities

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and building and structure intensities. The proposed

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distribution, location, and extent of the various categories of

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land use shall be shown on a land use map or map series which

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shall be supplemented by goals, policies, and measurable

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objectives. The future land use plan shall be based upon surveys,

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studies, and data regarding the area, including the amount of

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land required to accommodate anticipated growth; the projected

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population of the area; the character of undeveloped land; the

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availability of water supplies, public facilities, and services;

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the need for redevelopment, including the renewal of blighted

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areas and the elimination of nonconforming uses which are

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inconsistent with the character of the community; the

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compatibility of uses on lands adjacent to or closely proximate

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to military installations; the discouragement of urban sprawl;

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energy-efficient land use patterns accounting for existing and

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future electric power generation and transmission systems;

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greenhouse gas reduction strategies; and, in rural communities,

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the need for job creation, capital investment, and economic

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development that will strengthen and diversify the community's

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economy. The future land use plan may designate areas for future

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planned development use involving combinations of types of uses

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for which special regulations may be necessary to ensure

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development in accord with the principles and standards of the

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comprehensive plan and this act. The future land use plan element

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shall include criteria to be used to achieve the compatibility of

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adjacent or closely proximate lands with military installations.

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In addition, for rural communities, the amount of land designated

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for future planned industrial use shall be based upon surveys and

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studies that reflect the need for job creation, capital

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investment, and the necessity to strengthen and diversify the

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local economies, and may shall not be limited solely by the

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projected population of the rural community. The future land use

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plan of a county may also designate areas for possible future

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municipal incorporation. The land use maps or map series shall

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generally identify and depict historic district boundaries and

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shall designate historically significant properties meriting

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protection. For coastal counties, the future land use element

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must include, without limitation, regulatory incentives and

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criteria that encourage the preservation of recreational and

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commercial working waterfronts as defined in s. 342.07. The

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future land use element must clearly identify the land use

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categories in which public schools are an allowable use. When

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delineating the land use categories in which public schools are

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an allowable use, a local government shall include in the

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categories sufficient land proximate to residential development

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to meet the projected needs for schools in coordination with

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public school boards and may establish differing criteria for

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schools of different type or size. Each local government shall

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include lands contiguous to existing school sites, to the maximum

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extent possible, within the land use categories in which public

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schools are an allowable use. The failure by a local government

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to comply with these school siting requirements will result in

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the prohibition of the local government's ability to amend the

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local comprehensive plan, except for plan amendments described in

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s. 163.3187(1)(b), until the school siting requirements are met.

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Amendments proposed by a local government for purposes of

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identifying the land use categories in which public schools are

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an allowable use are exempt from the limitation on the frequency

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of plan amendments provided contained in s. 163.3187. The future

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land use element shall include criteria that encourage the

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location of schools proximate to urban residential areas to the

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extent possible and shall require that the local government seek

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to collocate public facilities, such as parks, libraries, and

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community centers, with schools to the extent possible and to

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encourage the use of elementary schools as focal points for

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neighborhoods. For schools serving predominantly rural counties,

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defined as a county with a population of 100,000 or fewer, an

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agricultural land use category is shall be eligible for the

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location of public school facilities if the local comprehensive

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plan contains school siting criteria and the location is

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consistent with such criteria. Local governments required to

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update or amend their comprehensive plan to include criteria and

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address compatibility of adjacent or closely proximate lands with

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existing military installations in their future land use plan

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element shall transmit the update or amendment to the department

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by June 30, 2006.

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     (b)  A traffic circulation element consisting of the types,

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locations, and extent of existing and proposed major

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thoroughfares and transportation routes, including bicycle and

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pedestrian ways. Transportation corridors, as defined in s.

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334.03, may be designated in the traffic circulation element

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pursuant to s. 337.273. If the transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance. The traffic circulation element

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shall incorporate transportation strategies to address reduction

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in greenhouse gas emissions from the transportation sector.

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     (d)  A conservation element for the conservation, use, and

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protection of natural resources in the area, including air,

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water, water recharge areas, wetlands, waterwells, estuarine

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marshes, soils, beaches, shores, flood plains, rivers, bays,

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lakes, harbors, forests, fisheries and wildlife, marine habitat,

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minerals, and other natural and environmental resources,

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including factors that affect energy conservation. Local

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governments shall assess their current, as well as projected,

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water needs and sources for at least a 10-year period,

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considering the appropriate regional water supply plan approved

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pursuant to s. 373.0361, or, in the absence of an approved

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regional water supply plan, the district water management plan

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approved pursuant to s. 373.036(2). This information shall be

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submitted to the appropriate agencies. The land use map or map

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series contained in the future land use element shall generally

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identify and depict the following:

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     1.  Existing and planned waterwells and cones of influence

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where applicable.

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     2.  Beaches and shores, including estuarine systems.

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     3.  Rivers, bays, lakes, flood plains, and harbors.

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     4.  Wetlands.

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     5.  Minerals and soils.

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     6. Energy conservation.

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The land uses identified on such maps shall be consistent with

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applicable state law and rules.

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     (f)1.  A housing element consisting of standards, plans, and

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principles to be followed in:

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     a.  The provision of housing for all current and anticipated

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future residents of the jurisdiction.

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     b.  The elimination of substandard dwelling conditions.

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     c.  The structural and aesthetic improvement of existing

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housing.

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     d.  The provision of adequate sites for future housing,

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including affordable workforce housing as defined in s.

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380.0651(3)(j), housing for low-income, very low-income, and

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moderate-income families, mobile homes, and group home facilities

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and foster care facilities, with supporting infrastructure and

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public facilities.

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     e.  Provision for relocation housing and identification of

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historically significant and other housing for purposes of

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conservation, rehabilitation, or replacement.

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     f.  The formulation of housing implementation programs.

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     g.  The creation or preservation of affordable housing to

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minimize the need for additional local services and avoid the

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concentration of affordable housing units only in specific areas

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of the jurisdiction.

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     h. Energy efficiency in the design and construction of new

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housing By July 1, 2008, each county in which the gap between the

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buying power of a family of four and the median county home sale

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price exceeds $170,000, as determined by the Florida Housing

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Finance Corporation, and which is not designated as an area of

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critical state concern shall adopt a plan for ensuring affordable

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workforce housing. At a minimum, the plan shall identify adequate

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sites for such housing. For purposes of this sub-subparagraph,

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the term "workforce housing" means housing that is affordable to

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natural persons or families whose total household income does not

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exceed 140 percent of the area median income, adjusted for

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household size.

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     i. Use of renewable energy resources Failure by a local

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government to comply with the requirement in sub-subparagraph h.

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will result in the local government being ineligible to receive

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any state housing assistance grants until the requirement of sub-

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subparagraph h. is met.

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The goals, objectives, and policies of the housing element must

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be based on the data and analysis prepared on housing needs,

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including the affordable housing needs assessment. State and

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federal housing plans prepared on behalf of the local government

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must be consistent with the goals, objectives, and policies of

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the housing element. Local governments are encouraged to use

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utilize job training, job creation, and economic solutions to

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address a portion of their affordable housing concerns. By July

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1, 2008, each county in which the gap between the buying power of

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a family of four and the median county home sale price exceeds

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$170,000, as determined by the Florida Housing Finance

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Corporation, and which is not designated as an area of critical

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state concern, shall adopt a plan for ensuring affordable

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workforce housing. At a minimum, the plan shall identify adequate

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sites for such housing. For purposes of this subparagraph, the

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term "workforce housing" means housing that is affordable to

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natural persons or families whose total household income does not

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exceed 140 percent of the area median income, adjusted for

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household size. Failure by a local government to comply with this

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requirement to adopt a plan for ensuring affordable workforce

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housing will result in the local government being ineligible to

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receive any state housing assistance grants until this

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requirement is met.

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     2.  To assist local governments in housing data collection

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and analysis and assure uniform and consistent information

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regarding the state's housing needs, the state land planning

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agency shall conduct an affordable housing needs assessment for

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all local jurisdictions on a schedule that coordinates the

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implementation of the needs assessment with the evaluation and

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appraisal reports required by s. 163.3191. Each local government

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shall utilize the data and analysis from the needs assessment as

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one basis for the housing element of its local comprehensive

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plan. The agency shall allow a local government the option to

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perform its own needs assessment, if it uses the methodology

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established by the agency by rule.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6. The capability to evacuate the coastal population before

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prior to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public transportation

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corridors so as to encourage population densities sufficient to

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support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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     10. The incorporation of transportation strategies to

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address reduction in greenhouse gas emissions from the

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transportation sector.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete line(s) 17-25

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and insert:

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amending s. 163.3177, F.S.; revising requirements for the

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future land use element of a local comprehensive plan;

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requiring that the traffic-circulation element incorporate

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transportation strategies to reduce greenhouse gas

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emissions; revising the conservation element of a local

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comprehensive plan to include factors that affect energy

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conservation; requiring a land use map of future land use

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to depict energy conservation; revising the standards,

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plans, and principles of the housing element of a local

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comprehensive plan; requiring each unit of local

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government within an urbanized area to amend the

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transportation element to incorporate transportation

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strategies addressing reduction in greenhouse gas

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emissions; amending s. 186.007, F.S.;

4/16/2008  4:06:00 PM     22-07811-08

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