Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 1978
070910
Senate
Comm: FAV
3/26/2008
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House
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The Committee on Finance and Tax (Storms) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Between line(s) 487 and 488,
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insert:
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Section 13. Paragraphs (a), (h), and (j) of subsection (6)
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of section 163.3177, Florida Statutes, are amended 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 to be followed
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in the control and distribution of population densities and
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building and structure intensities. The proposed distribution,
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location, and extent of the various categories of land use shall
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be shown on a land use map or map series which shall be
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supplemented by goals, policies, and measurable objectives. The
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future land use plan shall be based upon surveys, studies, and
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data regarding the area, including the amount of land required to
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accommodate anticipated growth; the projected population of the
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area; the character of undeveloped land; the availability of
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water supplies, public facilities, and services; the need for
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redevelopment, including the renewal of blighted areas and the
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elimination of nonconforming uses which are inconsistent with the
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character of the community; the compatibility of uses on lands
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adjacent to or closely proximate to military installations and
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airports, as defined in s. 330.35 and consistent with s. 333.02;
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and, in rural communities, the need for job creation, capital
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investment, and economic development that will strengthen and
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diversify the community's economy. The future land use plan may
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designate areas for future planned development use involving
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combinations of types of uses for which special regulations may
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be necessary to ensure development in accord with the principles
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and standards of the comprehensive plan and this act. The future
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land use plan element shall include criteria to be used to
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achieve the compatibility of adjacent or closely proximate lands
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with military installations and airports, as defined in s. 330.35
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and consistent with s. 333.02. In addition, for rural
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communities, the amount of land designated for future planned
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industrial use shall be based upon surveys and studies that
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reflect the need for job creation, capital investment, and the
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necessity to strengthen and diversify the local economies, and
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shall not be limited solely by the projected population of the
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rural community. The future land use plan of a county may also
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designate areas for possible future municipal incorporation. The
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land use maps or map series shall generally identify and depict
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historic district boundaries and shall designate historically
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significant properties meriting protection. For coastal counties,
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the future land use element must include, without limitation,
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regulatory incentives and criteria that encourage the
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preservation of recreational and commercial working waterfronts
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as defined in s. 342.07. The future land use element must clearly
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identify the land use categories in which public schools are an
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allowable use. When delineating the land use categories in which
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public schools are an allowable use, a local government shall
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include in the categories sufficient land proximate to
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residential development to meet the projected needs for schools
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in coordination with public school boards and may establish
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differing criteria for schools of different type or size. Each
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local government shall include lands contiguous to existing
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school sites, to the maximum extent possible, within the land use
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categories in which public schools are an allowable use. The
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failure by a local government to comply with these school siting
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requirements will result in the prohibition of the local
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government's ability to amend the local comprehensive plan,
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except for plan amendments described in s. 163.3187(1)(b), until
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the school siting requirements are met. Amendments proposed by a
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local government for purposes of identifying the land use
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categories in which public schools are an allowable use are
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exempt from the limitation on the frequency of plan amendments
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contained in s. 163.3187. The future land use element shall
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include criteria that encourage the location of schools proximate
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to urban residential areas to the extent possible and shall
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require that the local government seek to collocate public
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facilities, such as parks, libraries, and community centers, with
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schools to the extent possible and to encourage the use of
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elementary schools as focal points for neighborhoods. For schools
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serving predominantly rural counties, defined as a county with a
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population of 100,000 or fewer, an agricultural land use category
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shall be eligible for the location of public school facilities if
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the local comprehensive plan contains school siting criteria and
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the location is consistent with such criteria. Local governments
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required to update or amend their comprehensive plan to include
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criteria and address compatibility of adjacent or closely
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proximate lands with existing or new airports, as defined in s.
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330.35 and consistent with s. 333.02, military installations in
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their future land use plan element shall transmit the update or
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amendment to the department by June 30, 2010 2006.
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(h)1. An intergovernmental coordination element showing
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relationships and stating principles and guidelines to be used in
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the accomplishment of coordination of the adopted comprehensive
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plan with the plans of school boards, regional water supply
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authorities, and other units of local government providing
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services but not having regulatory authority over the use of
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land, with the comprehensive plans of adjacent municipalities,
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the county, adjacent counties, or the region, with the state
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comprehensive plan and with the applicable regional water supply
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plan approved pursuant to s. 373.0361, as the case may require
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and as such adopted plans or plans in preparation may exist. This
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element of the local comprehensive plan shall demonstrate
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consideration of the particular effects of the local plan, when
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adopted, upon the development of adjacent municipalities, the
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county, adjacent counties, or the region, or upon the state
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comprehensive plan, as the case may require.
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a. The intergovernmental coordination element shall provide
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for procedures to identify and implement joint planning areas,
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especially for the purpose of annexation, municipal
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incorporation, and joint infrastructure service areas.
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b. The intergovernmental coordination element shall provide
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for recognition of campus master plans prepared pursuant to s.
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1013.30 and airport master plans pursuant to paragraph (k).
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c. The intergovernmental coordination element may provide
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for a voluntary dispute resolution process as established
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pursuant to s. 186.509 for bringing to closure in a timely manner
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intergovernmental disputes. A local government may develop and
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use an alternative local dispute resolution process for this
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purpose.
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d. The intergovernmental coordination element shall provide
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for interlocal agreements, as established pursuant to s.
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333.03(1)(b).
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2. The intergovernmental coordination element shall further
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state principles and guidelines to be used in the accomplishment
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of coordination of the adopted comprehensive plan with the plans
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of school boards and other units of local government providing
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facilities and services but not having regulatory authority over
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the use of land. In addition, the intergovernmental coordination
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element shall describe joint processes for collaborative planning
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and decisionmaking on population projections and public school
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siting, the location and extension of public facilities subject
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to concurrency, and siting facilities with countywide
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significance, including locally unwanted land uses whose nature
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and identity are established in an agreement. Within 1 year of
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adopting their intergovernmental coordination elements, each
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county, all the municipalities within that county, the district
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school board, and any unit of local government service providers
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in that county shall establish by interlocal or other formal
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agreement executed by all affected entities, the joint processes
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described in this subparagraph consistent with their adopted
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intergovernmental coordination elements.
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3. To foster coordination between special districts and
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local general-purpose governments as local general-purpose
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governments implement local comprehensive plans, each independent
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special district must submit a public facilities report to the
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appropriate local government as required by s. 189.415.
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4.a. Local governments must execute an interlocal agreement
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with the district school board, the county, and nonexempt
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municipalities pursuant to s. 163.31777. The local government
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shall amend the intergovernmental coordination element to provide
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that coordination between the local government and school board
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is pursuant to the agreement and shall state the obligations of
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the local government under the agreement.
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b. Plan amendments that comply with this subparagraph are
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exempt from the provisions of s. 163.3187(1).
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5. The state land planning agency shall establish a
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schedule for phased completion and transmittal of plan amendments
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to implement subparagraphs 1., 2., and 3. from all jurisdictions
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so as to accomplish their adoption by December 31, 1999. A local
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government may complete and transmit its plan amendments to carry
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out these provisions prior to the scheduled date established by
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the state land planning agency. The plan amendments are exempt
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from the provisions of s. 163.3187(1).
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6. By January 1, 2004, any county having a population
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greater than 100,000, and the municipalities and special
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districts within that county, shall submit a report to the
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Department of Community Affairs which:
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a. Identifies all existing or proposed interlocal service
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delivery agreements regarding the following: education; sanitary
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sewer; public safety; solid waste; drainage; potable water; parks
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and recreation; and transportation facilities.
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b. Identifies any deficits or duplication in the provision
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of services within its jurisdiction, whether capital or
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operational. Upon request, the Department of Community Affairs
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shall provide technical assistance to the local governments in
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identifying deficits or duplication.
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7. Within 6 months after submission of the report, the
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Department of Community Affairs shall, through the appropriate
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regional planning council, coordinate a meeting of all local
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governments within the regional planning area to discuss the
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reports and potential strategies to remedy any identified
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deficiencies or duplications.
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8. Each local government shall update its intergovernmental
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coordination element based upon the findings in the report
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submitted pursuant to subparagraph 6. The report may be used as
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supporting data and analysis for the intergovernmental
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coordination element.
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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 prior
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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, including airport
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hazard areas, as defined in ss. 333.01 and 333.02.
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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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================ 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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On line 48, after the semicolon,
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insert:
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amending s. 163.3177, F.S.; revising land use and
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intergovernmental comprehensive plan provisions to include
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provisions that relate to airport land use compatibility
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planning;
3/25/2008 3:19:00 PM 10-05710-08
CODING: Words stricken are deletions; words underlined are additions.