Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1216
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/17/2015           .                                

       The Committee on Community Affairs (Simpson) recommended the
    1         Senate Amendment (with title amendment)
    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.
  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.