Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. PCS (312850) for SB 362
Barcode 801924
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
04/06/2009 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Substitute for Amendment (504376)
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
9 future general distribution, location, and extent of the uses of
10 land for residential uses, commercial uses, industry,
11 agriculture, recreation, conservation, education, public
12 buildings and grounds, other public facilities, and other
13 categories of the public and private uses of land. Counties are
14 encouraged to designate rural land stewardship areas, pursuant
15 to the provisions of paragraph (11)(d), as overlays on the
16 future land use map. Each future land use category must be
17 defined in terms of uses included, and must include standards to
18 be followed in the control and distribution of population
19 densities and building and structure intensities. The proposed
20 distribution, location, and extent of the various categories of
21 land use shall be shown on a land use map or map series which
22 shall be supplemented by goals, policies, and measurable
23 objectives. The future land use plan shall be based upon
24 surveys, studies, and data regarding the area, including the
25 amount of land required to accommodate anticipated growth; the
26 projected population of the area; the character of undeveloped
27 land; the availability of water supplies, public facilities, and
28 services; the need for redevelopment, including the renewal of
29 blighted areas and the elimination of nonconforming uses which
30 are inconsistent with the character of the community; the
31 compatibility of uses on lands adjacent to or closely proximate
32 to military installations; the discouragement of urban sprawl;
33 energy-efficient land use patterns accounting for existing and
34 future electric power generation and transmission systems;
35 greenhouse gas reduction strategies; and, in rural communities,
36 the need for job creation, capital investment, and economic
37 development that will strengthen and diversify the community’s
38 economy. The future land use plan may designate areas for future
39 planned development use involving combinations of types of uses
40 for which special regulations may be necessary to ensure
41 development in accord with the principles and standards of the
42 comprehensive plan and this act. The future land use plan
43 element shall include criteria to be used to achieve the
44 compatibility of adjacent or closely proximate lands with
45 military installations. In addition, for rural communities and
46 counties designated as a rural area of critical economic concern
47 pursuant to s. 288.0656, the amount of land designated for
48 future planned industrial, residential, commercial, or other
49 land use shall be based upon surveys and studies that reflect
50 the need for job creation, capital investment, and the necessity
51 to strengthen and diversify the local economies, and shall not
52 be limited solely by the projected population of the rural
53 community. The future land use plan of a county may also
54 designate areas for possible future municipal incorporation or
55 new town(s) which shall not be limited by the projected
56 population of the county. The land use maps or map series shall
57 generally identify and depict historic district boundaries and
58 shall designate historically significant properties meriting
59 protection. For coastal counties, the future land use element
60 must include, without limitation, regulatory incentives and
61 criteria that encourage the preservation of recreational and
62 commercial working waterfronts as defined in s. 342.07. The
63 future land use element must clearly identify the land use
64 categories in which public schools are an allowable use. When
65 delineating the land use categories in which public schools are
66 an allowable use, a local government shall include in the
67 categories sufficient land proximate to residential development
68 to meet the projected needs for schools in coordination with
69 public school boards and may establish differing criteria for
70 schools of different type or size. Each local government shall
71 include lands contiguous to existing school sites, to the
72 maximum extent possible, within the land use categories in which
73 public schools are an allowable use. The failure by a local
74 government to comply with these school siting requirements will
75 result in the prohibition of the local government’s ability to
76 amend the local comprehensive plan, except for plan amendments
77 described in s. 163.3187(1)(b), until the school siting
78 requirements are met. Amendments proposed by a local government
79 for purposes of identifying the land use categories in which
80 public schools are an allowable use are exempt from the
81 limitation on the frequency of plan amendments contained in s.
82 163.3187. The future land use element shall include criteria
83 that encourage the location of schools proximate to urban
84 residential areas to the extent possible and shall require that
85 the local government seek to collocate public facilities, such
86 as parks, libraries, and community centers, with schools to the
87 extent possible and to encourage the use of elementary schools
88 as focal points for neighborhoods. For schools serving
89 predominantly rural counties, defined as a county with a
90 population of 100,000 or fewer, an agricultural land use
91 category shall be eligible for the location of public school
92 facilities if the local comprehensive plan contains school
93 siting criteria and the location is consistent with such
94 criteria. Local governments required to update or amend their
95 comprehensive plan to include criteria and address compatibility
96 of adjacent or closely proximate lands with existing military
97 installations in their future land use plan element shall
98 transmit the update or amendment to the department by June 30,
99 2006.
100 Delete line 16
101 and insert:
102 F.S.; specifying that rural areas of critical economic concern
103 are not limited by the projected population of the rural
104 community; authorizing the state land planning agency to