Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1216
Ì159278VÎ159278
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/17/2015 .
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The Committee on Community Affairs (Simpson) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (14) is added to section 163.3246,
6 Florida Statutes, to read:
7 163.3246 Local government comprehensive planning
8 certification program.—
9 (14) It is the intent of the Legislature to encourage the
10 creation of connected-city corridors that facilitate the growth
11 of high-technology industry and innovation through partnerships
12 that support research, marketing, workforce, and
13 entrepreneurship. It is the intent of the Legislature to provide
14 for a locally controlled, comprehensive plan amendment process
15 for such projects that are designed to achieve a cleaner,
16 healthier environment; limit urban sprawl by promoting diverse
17 but interconnected communities; provide a range of
18 intergenerational housing types; protect wildlife and natural
19 areas; assure the efficient use of land and other resources;
20 create quality communities of a design that promotes alternative
21 transportation networks and travel by multiple transportation
22 modes; and enhance the prospects for the creation of jobs. The
23 Legislature finds and declares that this state’s connected-city
24 corridors require a reduced level of state and regional
25 oversight because of their high degree of urbanization and the
26 planning capabilities and resources of the local government.
27 (a) Notwithstanding subsections (2), (4), (5), (6), and
28 (7), Pasco County is named a pilot community and shall be
29 considered certified for a period of 10 years for connected-city
30 corridor plan amendments. The state land planning agency shall
31 provide a written notice of certification to Pasco County by
32 July 15, 2015, which shall be considered a final agency action
33 subject to challenge under s. 120.569. The notice of
34 certification must include:
35 1. The boundary of the connected-city corridor
36 certification area; and
37 2. A requirement that Pasco County submit an annual or
38 biennial monitoring report to the state land planning agency
39 according to the schedule provided in the written notice. The
40 monitoring report shall, at a minimum, include the number of
41 amendments to the comprehensive plan adopted by Pasco County,
42 the number of plan amendments challenged by an affected person,
43 and the disposition of such challenges.
44 (b) A plan amendment adopted under this subsection may be
45 based upon a planning period longer than the generally
46 applicable planning period of the Pasco County local
47 comprehensive plan, shall specify the projected population
48 within the planning area during the chosen planning period, may
49 include a phasing or staging schedule that allocates a portion
50 of Pasco County’s future growth to the planning area through the
51 planning period, and may designate a priority zone or subarea
52 within the connected-city corridor for initial implementation of
53 the plan. A plan amendment adopted under this subsection is not
54 required to demonstrate need based upon projected population
55 growth or on any other basis.
56 (c) If Pasco County adopts a long-term transportation
57 network plan and financial feasibility plan, and subject to
58 compliance with the requirements of such a plan, the projects
59 within the connected-city corridor are deemed to have satisfied
60 all concurrency and other state agency or local government
61 transportation mitigation requirements except for site-specific
62 access management requirements.
63 (d) If Pasco County does not request that the state land
64 planning agency review the developments of regional impact that
65 are proposed within the certified area, an application for
66 approval of a development order within the certified area is
67 exempt from review under s. 380.06.
68 (e) The Office of Program Policy Analysis and Government
69 Accountability (OPPAGA) shall submit to the Governor, the
70 President of the Senate, and the Speaker of the House of
71 Representatives by December 1, 2024, a report and
72 recommendations for implementing a statewide program that
73 addresses the legislative findings in this subsection. In
74 consultation with the state land planning agency, OPPAGA shall
75 develop the report and recommendations with input from other
76 state and regional agencies, local governments, and interest
77 groups. OPPAGA shall also solicit citizen input in the
78 potentially affected areas and consult with the affected local
79 government and stakeholder groups. Additionally, OPPAGA shall
80 review local and state actions and correspondence relating to
81 the pilot program to identify issues of process and substance in
82 recommending changes to the pilot program. At a minimum, the
83 report and recommendations must include:
84 1. Identification of local governments other than the local
85 government participating in the pilot program which should be
86 certified. The report may also recommend that a local government
87 is no longer appropriate for certification; and
88 2. Changes to the certification pilot program.
89 Section 2. Subsection (2) of section 190.005, Florida
90 Statutes, is amended to read:
91 190.005 Establishment of district.—
92 (2) The exclusive and uniform method for the establishment
93 of a community development district of less than 1,000 acres in
94 size or a community development district of up to 2,000 acres in
95 size located within a connected-city corridor established
96 pursuant to s. 163.3246(14) shall be pursuant to an ordinance
97 adopted by the county commission of the county having
98 jurisdiction over the majority of land in the area in which the
99 district is to be located granting a petition for the
100 establishment of a community development district as follows:
101 (a) A petition for the establishment of a community
102 development district shall be filed by the petitioner with the
103 county commission. The petition shall contain the same
104 information as required in paragraph (1)(a).
105 (b) A public hearing on the petition shall be conducted by
106 the county commission in accordance with the requirements and
107 procedures of paragraph (1)(d).
108 (c) The county commission shall consider the record of the
109 public hearing and the factors set forth in paragraph (1)(e) in
110 making its determination to grant or deny a petition for the
111 establishment of a community development district.
112 (d) The county commission shall not adopt any ordinance
113 which would expand, modify, or delete any provision of the
114 uniform community development district charter as set forth in
115 ss. 190.006-190.041. An ordinance establishing a community
116 development district shall only include the matters provided for
117 in paragraph (1)(f) unless the commission consents to any of the
118 optional powers under s. 190.012(2) at the request of the
119 petitioner.
120 (e) If all of the land in the area for the proposed
121 district is within the territorial jurisdiction of a municipal
122 corporation, then the petition requesting establishment of a
123 community development district under this act shall be filed by
124 the petitioner with that particular municipal corporation. In
125 such event, the duties of the county, hereinabove described, in
126 action upon the petition shall be the duties of the municipal
127 corporation. If any of the land area of a proposed district is
128 within the land area of a municipality, the county commission
129 may not create the district without municipal approval. If all
130 of the land in the area for the proposed district, even if less
131 than 1,000 acres, is within the territorial jurisdiction of two
132 or more municipalities, except for proposed districts within a
133 connected-city corridor established pursuant to s. 163.3246(14),
134 the petition shall be filed with the Florida Land and Water
135 Adjudicatory Commission and proceed in accordance with
136 subsection (1).
137 (f) Notwithstanding any other provision of this subsection,
138 within 90 days after a petition for the establishment of a
139 community development district has been filed pursuant to this
140 subsection, the governing body of the county or municipal
141 corporation may transfer the petition to the Florida Land and
142 Water Adjudicatory Commission, which shall make the
143 determination to grant or deny the petition as provided in
144 subsection (1). A county or municipal corporation shall have no
145 right or power to grant or deny a petition that has been
146 transferred to the Florida Land and Water Adjudicatory
147 Commission.
148 Section 3. This act shall take effect upon becoming a law.
149
150 ================= T I T L E A M E N D M E N T ================
151 And the title is amended as follows:
152 Delete everything before the enacting clause
153 and insert:
154 A bill to be entitled
155 An act relating to connected-city corridors; amending
156 s. 163.3246; providing legislative intent; designating
157 Pasco County as a pilot community; requiring the state
158 land planning agency to provide a written
159 certification to Pasco County within a certain
160 timeframe; providing requirements for certain plan
161 amendments; requiring the Office of Program Policy
162 Analysis and Government Accountability to submit a
163 report and recommendations to the Governor and the
164 Legislature by a certain date; providing requirements
165 for the report; amending s. 190.005, F.S.; requiring
166 community development districts up to a certain size
167 located within a connected-city corridor to be
168 established pursuant to an ordinance; providing an
169 effective date.