Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2148
       
       
       
       
       
       
                                Barcode 857832                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Between lines 149 and 150
    4  insert:
    5         (a) A future land use plan element designating proposed
    6  future general distribution, location, and extent of the uses of
    7  land for residential uses, commercial uses, industry,
    8  agriculture, recreation, conservation, education, public
    9  buildings and grounds, other public facilities, and other
   10  categories of the public and private uses of land. Counties are
   11  encouraged to designate rural land stewardship areas, pursuant
   12  to the provisions of paragraph (11)(d), as overlays on the
   13  future land use map. Each future land use category must be
   14  defined in terms of uses included rather than numerical caps,
   15  and must include standards to be followed in the control and
   16  distribution of population densities and building and structure
   17  intensities. The proposed distribution, location, and extent of
   18  the various categories of land use shall be shown on a land use
   19  map or map series which shall be supplemented by goals,
   20  policies, and measurable objectives. The future land use plan
   21  shall be based upon surveys, studies, and data regarding the
   22  area, including the amount of land required to accommodate
   23  anticipated growth; the projected population of the area; the
   24  character of undeveloped land; those factors limiting
   25  development, critical habitat designations as well as other
   26  applicable environmental protections, and local building
   27  restrictions incorporated into the comprehensive plan or land
   28  development code; the availability of water supplies, public
   29  facilities, and services; the need for redevelopment, including
   30  the renewal of blighted areas and the elimination of
   31  nonconforming uses which are inconsistent with the character of
   32  the community; the compatibility of uses on lands adjacent to or
   33  closely proximate to military installations; the discouragement
   34  of urban sprawl; energy-efficient land use patterns accounting
   35  for existing and future electric power generation and
   36  transmission systems; greenhouse gas reduction strategies; and,
   37  in rural communities, the need for job creation, capital
   38  investment, and economic development that will strengthen and
   39  diversify the community’s economy. The future land use plan may
   40  designate areas for future planned development use involving
   41  combinations of types of uses for which special regulations may
   42  be necessary to ensure development in accord with the principles
   43  and standards of the comprehensive plan and this act. The future
   44  land use plan element shall include criteria to be used to
   45  achieve the compatibility of adjacent or closely proximate lands
   46  with military installations. In addition, for rural communities,
   47  the amount of land designated for future planned industrial use
   48  shall be based upon surveys and studies that reflect the need
   49  for job creation, capital investment, and the necessity to
   50  strengthen and diversify the local economies, and shall not be
   51  limited solely by the projected population of the rural
   52  community. The future land use plan of a county may also
   53  designate areas for possible future municipal incorporation. The
   54  land use maps or map series shall generally identify and depict
   55  historic district boundaries and shall designate historically
   56  significant properties meriting protection. For coastal
   57  counties, the future land use element must include, without
   58  limitation, regulatory incentives and criteria that encourage
   59  the preservation of recreational and commercial working
   60  waterfronts as defined in s. 342.07. The future land use element
   61  must clearly identify the land use categories in which public
   62  schools are an allowable use. When delineating the land use
   63  categories in which public schools are an allowable use, a local
   64  government shall include in the categories sufficient land
   65  proximate to residential development to meet the projected needs
   66  for schools in coordination with public school boards and may
   67  establish differing criteria for schools of different type or
   68  size. Each local government shall include lands contiguous to
   69  existing school sites, to the maximum extent possible, within
   70  the land use categories in which public schools are an allowable
   71  use. The failure by a local government to comply with these
   72  school siting requirements will result in the prohibition of the
   73  local government’s ability to amend the local comprehensive
   74  plan, except for plan amendments described in s. 163.3187(1)(b),
   75  until the school siting requirements are met. Amendments
   76  proposed by a local government for purposes of identifying the
   77  land use categories in which public schools are an allowable use
   78  are exempt from the limitation on the frequency of plan
   79  amendments contained in s. 163.3187. The future land use element
   80  shall include criteria that encourage the location of schools
   81  proximate to urban residential areas to the extent possible and
   82  shall require that the local government seek to collocate public
   83  facilities, such as parks, libraries, and community centers,
   84  with schools to the extent possible and to encourage the use of
   85  elementary schools as focal points for neighborhoods. For
   86  schools serving predominantly rural counties, defined as a
   87  county with a population of 100,000 or fewer, an agricultural
   88  land use category shall be eligible for the location of public
   89  school facilities if the local comprehensive plan contains
   90  school siting criteria and the location is consistent with such
   91  criteria. Local governments required to update or amend their
   92  comprehensive plan to include criteria and address compatibility
   93  of adjacent or closely proximate lands with existing military
   94  installations in their future land use plan element shall
   95  transmit the update or amendment to the department by June 30,
   96  2006.