Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 362
       
       
       
       
       
       
                                Barcode 379810                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/14/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 121 and 122
    4  insert:
    5         (6) In addition to the requirements of subsections (1)-(5)
    6  and (12), the comprehensive plan shall include the following
    7  elements:
    8  (a) A future land use plan element designating proposed future
    9  general distribution, location, and extent of the uses of land
   10  for residential uses, commercial uses, industry, agriculture,
   11  recreation, conservation, education, public buildings and
   12  grounds, other public facilities, and other categories of the
   13  public and private uses of land. Counties are encouraged to
   14  designate rural land stewardship areas, pursuant to the
   15  provisions of paragraph (11)(d), as overlays on the future land
   16  use map. Each future land use category must be defined in terms
   17  of uses included, and must include standards to be followed in
   18  the control and distribution of population densities and
   19  building and structure intensities. The proposed distribution,
   20  location, and extent of the various categories of land use shall
   21  be shown on a land use map or map series which shall be
   22  supplemented by goals, policies, and measurable objectives. The
   23  future land use plan shall be based upon surveys, studies, and
   24  data regarding the area, including the amount of land required
   25  to accommodate anticipated growth; the projected population of
   26  the area; the character of undeveloped land; the availability of
   27  water supplies, public facilities, and services; the need for
   28  redevelopment, including the renewal of blighted areas and the
   29  elimination of nonconforming uses which are inconsistent with
   30  the character of the community; the compatibility of uses on
   31  lands adjacent to or closely proximate to military
   32  installations; the discouragement of urban sprawl; energy
   33  efficient land use patterns accounting for existing and future
   34  electric power generation and transmission systems; greenhouse
   35  gas reduction strategies; and, in rural communities, the need
   36  for job creation, capital investment, and economic development
   37  that will strengthen and diversify the community’s economy. The
   38  future land use plan may designate areas for future planned
   39  development use involving combinations of types of uses for
   40  which special regulations may be necessary to ensure development
   41  in accord with the principles and standards of the comprehensive
   42  plan and this act. The future land use plan element shall
   43  include criteria to be used to achieve the compatibility of
   44  adjacent or closely proximate lands with military installations.
   45  In addition, for rural communities and counties designated as a
   46  rural area of critical economic concern pursuant to s. 288.0656,
   47  the amount of land designated for future planned industrial,
   48  residential, commercial, or other land use shall be based upon
   49  surveys and studies that reflect the need for job creation,
   50  capital investment, and the necessity to strengthen and
   51  diversify the local economies, and shall not be limited solely
   52  by the projected population of the rural community. The future
   53  land use plan of a county may also designate areas for possible
   54  future municipal incorporation or new town(s) which shall not be
   55  limited by the projected population of the county. The land use
   56  maps or map series shall generally identify and depict historic
   57  district boundaries and shall designate historically significant
   58  properties meriting protection. For coastal counties, the future
   59  land use element must include, without limitation, regulatory
   60  incentives and criteria that encourage the preservation of
   61  recreational and commercial working waterfronts as defined in s.
   62  342.07. The future land use element must clearly identify the
   63  land use categories in which public schools are an allowable
   64  use. When delineating the land use categories in which public
   65  schools are an allowable use, a local government shall include
   66  in the categories sufficient land proximate to residential
   67  development to meet the projected needs for schools in
   68  coordination with public school boards and may establish
   69  differing criteria for schools of different type or size. Each
   70  local government shall include lands contiguous to existing
   71  school sites, to the maximum extent possible, within the land
   72  use categories in which public schools are an allowable use. The
   73  failure by a local government to comply with these school siting
   74  requirements will result in the prohibition of the local
   75  government’s ability to amend the local comprehensive plan,
   76  except for plan amendments described in s. 163.3187(1)(b), until
   77  the school siting requirements are met. Amendments proposed by a
   78  local government for purposes of identifying the land use
   79  categories in which public schools are an allowable use are
   80  exempt from the limitation on the frequency of plan amendments
   81  contained in s. 163.3187. The future land use element shall
   82  include criteria that encourage the location of schools
   83  proximate to urban residential areas to the extent possible and
   84  shall require that the local government seek to collocate public
   85  facilities, such as parks, libraries, and community centers,
   86  with schools to the extent possible and to encourage the use of
   87  elementary schools as focal points for neighborhoods. For
   88  schools serving predominantly rural counties, defined as a
   89  county with a population of 100,000 or fewer, an agricultural
   90  land use category shall be eligible for the location of public
   91  school facilities if the local comprehensive plan contains
   92  school siting criteria and the location is consistent with such
   93  criteria. Local governments required to update or amend their
   94  comprehensive plan to include criteria and address compatibility
   95  of adjacent or closely proximate lands with existing military
   96  installations in their future land use plan element shall
   97  transmit the update or amendment to the department by June 30,
   98  2006.
   99  
  100  ================= T I T L E  A M E N D M E N T ================
  101         And the title is amended as follows:
  102         Delete line 16
  103  and insert:
  104  F.S.; specifying that rural areas of critical economic concern
  105  are not limited by the projected population of the rural
  106  community; authorizing the state land planning agency to