Amendment
Bill No. CS/HB 7129

Amendment No. 469789

CHAMBER ACTION
Senate		House
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1	Representative Cannon offered the following:
2
3	Amendment (with title amendment)
4	Between lines 2740 and 2741, insert:
5	Section 10.  Section 163.3246, Florida Statutes, is amended
6	to read:
7	163.3246  Local Government Comprehensive Planning
8	Certification Program.--
9	(1)  The Legislature finds that There is created the Local
10	Government Comprehensive Planning Certification Program has had
11	a low level of interest from and participation by local
12	governments. New approaches, such as the Alternative State
13	Review Process Pilot Program, provide a more effective approach
14	to expediting and streamlining comprehensive plan amendment
15	review. Therefore, the Local Government Comprehensive Planning
16	Certification Program is discontinued and no additional local
17	governments may be certified. The municipalities of Freeport,
18	Lakeland, Miramar, and Orlando may continue to adopt amendments
19	in accordance with this section and their certification
20	agreement or certification notice. to be administered by the
21	Department of Community Affairs. The purpose of the program is
22	to create a certification process for local governments who
23	identify a geographic area for certification within which they
24	commit to directing growth and who, because of a demonstrated
25	record of effectively adopting, implementing, and enforcing its
26	comprehensive plan, the level of technical planning experience
27	exhibited by the local government, and a commitment to implement
28	exemplary planning practices, require less state and regional
29	oversight of the comprehensive plan amendment process. The
30	purpose of the certification area is to designate areas that are
31	contiguous, compact, and appropriate for urban growth and
32	development within a 10-year planning timeframe. Municipalities
33	and counties are encouraged to jointly establish the
34	certification area, and subsequently enter into joint
35	certification agreement with the department.
36	(2)  In order to be eligible for certification under the
37	program, the local government must:
38	(a)  Demonstrate a record of effectively adopting,
39	implementing, and enforcing its comprehensive plan;
40	(b)  Demonstrate technical, financial, and administrative
41	expertise to implement the provisions of this part without state
42	oversight;
43	(c)  Obtain comments from the state and regional review
44	agencies regarding the appropriateness of the proposed
45	certification;
46	(d)  Hold at least one public hearing soliciting public
47	input concerning the local government's proposal for
48	certification; and
49	(e)  Demonstrate that it has adopted programs in its local
50	comprehensive plan and land development regulations which:
51	1.  Promote infill development and redevelopment, including
52	prioritized and timely permitting processes in which
53	applications for local development permits within the
54	certification area are acted upon expeditiously for proposed
55	development that is consistent with the local comprehensive
56	plan.
57	2.  Promote the development of housing for low-income and
58	very-low-income households or specialized housing to assist
59	elderly and disabled persons to remain at home or in independent
60	living arrangements.
61	3.  Achieve effective intergovernmental coordination and
62	address the extrajurisdictional effects of development within
63	the certified area.
64	4.  Promote economic diversity and growth while encouraging
65	the retention of rural character, where rural areas exist, and
66	the protection and restoration of the environment.
67	5.  Provide and maintain public urban and rural open space
68	and recreational opportunities.
69	6.  Manage transportation and land uses to support public
70	transit and promote opportunities for pedestrian and
71	nonmotorized transportation.
72	7.  Use design principles to foster individual community
73	identity, create a sense of place, and promote pedestrian-
74	oriented safe neighborhoods and town centers.
75	8.  Redevelop blighted areas.
76	9.  Adopt a local mitigation strategy and have programs to
77	improve disaster preparedness and the ability to protect lives
78	and property, especially in coastal high-hazard areas.
79	10.  Encourage clustered, mixed-use development that
80	incorporates greenspace and residential development within
81	walking distance of commercial development.
82	11.  Encourage urban infill at appropriate densities and
83	intensities and separate urban and rural uses and discourage
84	urban sprawl while preserving public open space and planning for
85	buffer-type land uses and rural development consistent with
86	their respective character along and outside the certification
87	area.
88	12.  Assure protection of key natural areas and
89	agricultural lands that are identified using state and local
90	inventories of natural areas. Key natural areas include, but are
91	not limited to:
92	a.  Wildlife corridors.
93	b.  Lands with high native biological diversity, important
94	areas for threatened and endangered species, species of special
95	concern, migratory bird habitat, and intact natural communities.
96	c.  Significant surface waters and springs, aquatic
97	preserves, wetlands, and outstanding Florida waters.
98	d.  Water resources suitable for preservation of natural
99	systems and for water resource development.
100	e.  Representative and rare native Florida natural systems.
101	13.  Ensure the cost-efficient provision of public
102	infrastructure and services.
103	(3)  Portions of local governments located within areas of
104	critical state concern cannot be included in a certification
105	area.
106	(4)  A local government or group of local governments
107	seeking certification of all or part of a jurisdiction or
108	jurisdictions must submit an application to the department which
109	demonstrates that the area sought to be certified meets the
110	criteria of subsections (2) and (5). The application shall
111	include copies of the applicable local government comprehensive
112	plan, land development regulations, interlocal agreements, and
113	other relevant information supporting the eligibility criteria
114	for designation. Upon receipt of a complete application, the
115	department must provide the local government with an initial
116	response to the application within 90 days after receipt of the
117	application.
118	(5)  If the local government meets the eligibility criteria
119	of subsection (2), the department shall certify all or part of a
120	local government by written agreement, which shall be considered
121	final agency action subject to challenge under s. 120.569.
122	(2)  The agreement for the municipalities of Lakeland,
123	Miramar, and Orlando must include the following components:
124	(a)  The basis for certification.
125	(b)  The boundary of the certification area, which
126	encompasses areas that are contiguous, compact, appropriate for
127	urban growth and development, and in which public infrastructure
128	exists is existing or is planned within a 10-year planning
129	timeframe. The certification area must is required to include
130	sufficient land to accommodate projected population growth,
131	housing demand, including choice in housing types and
132	affordability, job growth and employment, appropriate densities
133	and intensities of use to be achieved in new development and
134	redevelopment, existing or planned infrastructure, including
135	transportation and central water and sewer facilities. The
136	certification area must be adopted as part of the local
137	government's comprehensive plan.
138	(c)  A demonstration that the capital improvements plan
139	governing the certified area is updated annually.
140	(d)  A visioning plan or a schedule for the development of
141	a visioning plan.
142	(e)  A description of baseline conditions related to the
143	evaluation criteria in paragraph (g) in the certified area.
144	(f)  A work program setting forth specific planning
145	strategies and projects that will be undertaken to achieve
146	improvement in the baseline conditions as measured by the
147	criteria identified in paragraph (g).
148	(g)  Criteria to evaluate the effectiveness of the
149	certification process in achieving the community-development
150	goals for the certification area including:
151	1.  Measuring the compactness of growth, expressed as the
152	ratio between population growth and land consumed;
153	2.  Increasing residential density and intensities of use;
154	3.  Measuring and reducing vehicle miles traveled and
155	increasing the interconnectedness of the street system,
156	pedestrian access, and mass transit;
157	4.  Measuring the balance between the location of jobs and
158	housing;
159	5.  Improving the housing mix within the certification
160	area, including the provision of mixed-use neighborhoods,
161	affordable housing, and the creation of an affordable housing
162	program if such a program is not already in place;
163	6.  Promoting mixed-use developments as an alternative to
164	single-purpose centers;
165	7.  Promoting clustered development having dedicated open
166	space;
167	8.  Linking commercial, educational, and recreational uses
168	directly to residential growth;
169	9.  Reducing per capita water and energy consumption;
170	10.  Prioritizing environmental features to be protected
171	and adopting measures or programs to protect identified
172	features;
173	11.  Reducing hurricane shelter deficits and evacuation
174	times and implementing the adopted mitigation strategies; and
175	12.  Improving coordination between the local government
176	and school board.
177	(h)  A commitment to change any land development
178	regulations that restrict compact development and adopt
179	alternative design codes that encourage desirable densities and
180	intensities of use and patterns of compact development
181	identified in the agreement.
182	(i)  A plan for increasing public participation in
183	comprehensive planning and land use decisionmaking which
184	includes outreach to neighborhood and civic associations through
185	community planning initiatives.
186	(j)  A demonstration that the intergovernmental
187	coordination element of the local government's comprehensive
188	plan includes joint processes for coordination between the
189	school board and local government pursuant to s.
190	163.3177(6)(h)2. and other requirements of law.
191	(k)  A method of addressing the extrajurisdictional effects
192	of development within the certified area, which is integrated by
193	amendment into the intergovernmental coordination element of the
194	local government comprehensive plan.
195	(l)  A requirement for the annual reporting to the state
196	land planning agency department of plan amendments adopted
197	during the year, and the progress of the local government in
198	meeting the terms and conditions of the certification agreement.
199	Prior to the deadline for the annual report, the local
200	government must hold a public hearing soliciting public input on
201	the progress of the local government in satisfying the terms of
202	the certification agreement.
203	(m)  An expiration date that is within no later than 10
204	years after execution of the agreement.
205	(6)  The department may enter up to eight new certification
206	agreements each fiscal year. The department shall adopt
207	procedural rules governing the application and review of local
208	government requests for certification. Such procedural rules may
209	establish a phased schedule for review of local government
210	requests for certification.
211	(3)  For the municipality of Freeport, the notice of
212	certification shall include the following components:
213	(a)  The boundary of the certification area.
214	(b)  A report to the state land planning agency according
215	to the schedule provided in the written notice. The monitoring
216	report shall, at a minimum, include the number of amendments to
217	the comprehensive plan adopted by the local government, the
218	number of plan amendments challenged by an affected person, and
219	the disposition of those challenges.
220	(4)  Notwithstanding any other subsections, the
221	municipality of Freeport shall remain certified for as long as
222	it is designated as a rural area of critical economic concern.
223	(5)  If the municipality of Freeport does not request that
224	the state land planning agency review the developments of
225	regional impact that are proposed within the certified area, an
226	application for approval of a development order within the
227	certified area shall be exempt from review under s. 380.06,
228	subject to the following:
229	(a)  Concurrent with filing an application for development
230	approval with the local government, a developer proposing a
231	project that would have been subject to review pursuant to s.
232	380.06 shall notify in writing the regional planning council
233	that has jurisdiction.
234	(b)  The regional planning council shall coordinate with
235	the developer and the local government to ensure that all
236	concurrency requirements as well as federal, state, and local
237	environmental permit requirements are met.
238	(6)(7)  The state land planning agency department shall
239	revoke the local government's certification if it determines
240	that the local government is not substantially complying with
241	the terms of the agreement.
242	(7)(8)  An affected person, as defined in s. 163.3184(1) by
243	s. 163.3184(1)(a), may petition for an administrative hearing
244	alleging that a local government is not substantially complying
245	with the terms of the agreement, using the procedures and
246	timeframes for notice and conditions precedent described in s.
247	163.3213. Such a petition must be filed within 30 days after the
248	annual public hearing required by paragraph (2)(l) (5)(l).
249	(8)(9)(a)  Upon certification All comprehensive plan
250	amendments associated with the area certified must be adopted
251	and reviewed in the manner described in ss. 163.3184(1), (2),
252	(7), (14), (15), and (16) and 163.3187, such that state and
253	regional agency review is eliminated. The state land planning
254	agency department may not issue any objections, recommendations,
255	and comments report on proposed plan amendments or a notice of
256	intent on adopted plan amendments; however, affected persons, as
257	defined in s. 163.3184(1) by s. 163.3184(1)(a), may file a
258	petition for administrative review pursuant to the requirements
259	of s. 163.3187(3)(a) to challenge the compliance of an adopted
260	plan amendment.
261	(b)  Plan amendments that change the boundaries of the
262	certification area; propose a rural land stewardship area
263	pursuant to s. 163.3177(11)(d); propose an optional sector plan
264	pursuant to s. 163.3245; propose a school facilities element;
265	update a comprehensive plan based on an evaluation and appraisal
266	report; impact lands outside the certification boundary;
267	implement new statutory requirements that require specific
268	comprehensive plan amendments; or increase hurricane evacuation
269	times or the need for shelter capacity on lands within the
270	coastal high-hazard area shall be reviewed pursuant to ss.
271	163.3184 and 163.3187.
272	(10)  Notwithstanding subsections (2), (4), (5), (6), and
273	(7), any municipality designated as a rural area of critical
274	economic concern pursuant to s. 288.0656 which is located within
275	a county eligible to levy the Small County Surtax under s.
276	212.055(3) shall be considered certified during the
277	effectiveness of the designation of rural area of critical
278	economic concern. The state land planning agency shall provide a
279	written notice of certification to the local government of the
280	certified area, which shall be considered final agency action
281	subject to challenge under s. 120.569. The notice of
282	certification shall include the following components:
283	(a)  The boundary of the certification area.
284	(b)  A requirement that the local government submit either
285	an annual or biennial monitoring report to the state land
286	planning agency according to the schedule provided in the
287	written notice. The monitoring report shall, at a minimum,
288	include the number of amendments to the comprehensive plan
289	adopted by the local government, the number of plan amendments
290	challenged by an affected person, and the disposition of those
291	challenges.
292	(11)  If the local government of an area described in
293	subsection (10) does not request that the state land planning
294	agency review the developments of regional impact that are
295	proposed within the certified area, an application for approval
296	of a development order within the certified area shall be exempt
297	from review under s. 380.06, subject to the following:
298	(a)  Concurrent with filing an application for development
299	approval with the local government, a developer proposing a
300	project that would have been subject to review pursuant to s.
301	380.06 shall notify in writing the regional planning council
302	with jurisdiction.
303	(b)  The regional planning council shall coordinate with
304	the developer and the local government to ensure that all
305	concurrency requirements as well as federal, state, and local
306	environmental permit requirements are met.
307	(9)(12)  A local government's certification shall be
308	reviewed by the local government and the state land planning
309	agency department as part of the evaluation and appraisal
310	process pursuant to s. 163.3191. Within 1 year after the
311	deadline for the local government to update its comprehensive
312	plan based on the evaluation and appraisal report, the state
313	land planning agency department shall renew or revoke the
314	certification. The local government's failure to adopt a timely
315	evaluation and appraisal report, failure to adopt an evaluation
316	and appraisal report found to be sufficient, or failure to
317	timely adopt amendments based on an evaluation and appraisal
318	report found to be in compliance by the state land planning
319	agency department shall be cause for revoking the certification
320	agreement. The state land planning agency's department's
321	decision to renew or revoke is shall be considered agency action
322	subject to challenge under s. 120.569.
323	(13)  The department shall, by July 1 of each odd-numbered
324	year, submit to the Governor, the President of the Senate, and
325	the Speaker of the House of Representatives a report listing
326	certified local governments, evaluating the effectiveness of the
327	certification, and including any recommendations for legislative
328	actions.
329	(14)  The Office of Program Policy Analysis and Government
330	Accountability shall prepare a report evaluating the
331	certification program, which shall be submitted to the Governor,
332	the President of the Senate, and the Speaker of the House of
333	Representatives by December 1, 2007.
334
335
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337	T I T L E  A M E N D M E N T
338	Remove line 99 and insert:
339	pilot projects; amending s. 163.3246, F.S.; discontinuing the
340	Local Government Comprehensive Planning Certification Program
341	except for currently certified local governments; retaining an
342	exemption from DRI review for a certified community in certain
343	circumstances; amending s. 163.32465, F.S.; revising

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