Florida Senate - 2015                             CS for SB 1216
       By the Committee on Community Affairs; and Senator Simpson
       578-02392-15                                          20151216c1
    1                        A bill to be entitled                      
    2         An act relating to connected-city corridors; amending
    3         s. 163.3246, F.S.; providing legislative intent;
    4         designating Pasco County as a pilot community;
    5         requiring the state land planning agency to provide a
    6         written certification to Pasco County within a certain
    7         timeframe; providing requirements for certain plan
    8         amendments; requiring the Office of Program Policy
    9         Analysis and Government Accountability to submit a
   10         report and recommendations to the Governor and the
   11         Legislature by a certain date; providing requirements
   12         for the report; amending s. 190.005, F.S.; requiring
   13         community development districts up to a certain size
   14         located within a connected-city corridor to be
   15         established pursuant to an ordinance; providing an
   16         effective date.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Subsection (14) is added to section 163.3246,
   21  Florida Statutes, to read:
   22         163.3246 Local government comprehensive planning
   23  certification program.—
   24         (14) It is the intent of the Legislature to encourage the
   25  creation of connected-city corridors that facilitate the growth
   26  of high-technology industry and innovation through partnerships
   27  that support research, marketing, workforce, and
   28  entrepreneurship. It is the intent of the Legislature to provide
   29  for a locally controlled, comprehensive plan amendment process
   30  for such projects that are designed to achieve a cleaner,
   31  healthier environment; limit urban sprawl by promoting diverse
   32  but interconnected communities; provide a range of
   33  intergenerational housing types; protect wildlife and natural
   34  areas; assure the efficient use of land and other resources;
   35  create quality communities of a design that promotes alternative
   36  transportation networks and travel by multiple transportation
   37  modes; and enhance the prospects for the creation of jobs. The
   38  Legislature finds and declares that this state’s connected-city
   39  corridors require a reduced level of state and regional
   40  oversight because of their high degree of urbanization and the
   41  planning capabilities and resources of the local government.
   42         (a) Notwithstanding subsections (2), (4), (5), (6), and
   43  (7), Pasco County is named a pilot community and shall be
   44  considered certified for a period of 10 years for connected-city
   45  corridor plan amendments. The state land planning agency shall
   46  provide a written notice of certification to Pasco County by
   47  July 15, 2015, which shall be considered a final agency action
   48  subject to challenge under s. 120.569. The notice of
   49  certification must include:
   50         1. The boundary of the connected-city corridor
   51  certification area; and
   52         2. A requirement that Pasco County submit an annual or
   53  biennial monitoring report to the state land planning agency
   54  according to the schedule provided in the written notice. The
   55  monitoring report shall, at a minimum, include the number of
   56  amendments to the comprehensive plan adopted by Pasco County,
   57  the number of plan amendments challenged by an affected person,
   58  and the disposition of such challenges.
   59         (b) A plan amendment adopted under this subsection may be
   60  based upon a planning period longer than the generally
   61  applicable planning period of the Pasco County local
   62  comprehensive plan, shall specify the projected population
   63  within the planning area during the chosen planning period, may
   64  include a phasing or staging schedule that allocates a portion
   65  of Pasco County’s future growth to the planning area through the
   66  planning period, and may designate a priority zone or subarea
   67  within the connected-city corridor for initial implementation of
   68  the plan. A plan amendment adopted under this subsection is not
   69  required to demonstrate need based upon projected population
   70  growth or on any other basis.
   71         (c) If Pasco County adopts a long-term transportation
   72  network plan and financial feasibility plan, and subject to
   73  compliance with the requirements of such a plan, the projects
   74  within the connected-city corridor are deemed to have satisfied
   75  all concurrency and other state agency or local government
   76  transportation mitigation requirements except for site-specific
   77  access management requirements.
   78         (d) If Pasco County does not request that the state land
   79  planning agency review the developments of regional impact that
   80  are proposed within the certified area, an application for
   81  approval of a development order within the certified area is
   82  exempt from review under s. 380.06.
   83         (e) The Office of Program Policy Analysis and Government
   84  Accountability (OPPAGA) shall submit to the Governor, the
   85  President of the Senate, and the Speaker of the House of
   86  Representatives by December 1, 2024, a report and
   87  recommendations for implementing a statewide program that
   88  addresses the legislative findings in this subsection. In
   89  consultation with the state land planning agency, OPPAGA shall
   90  develop the report and recommendations with input from other
   91  state and regional agencies, local governments, and interest
   92  groups. OPPAGA shall also solicit citizen input in the
   93  potentially affected areas and consult with the affected local
   94  government and stakeholder groups. Additionally, OPPAGA shall
   95  review local and state actions and correspondence relating to
   96  the pilot program to identify issues of process and substance in
   97  recommending changes to the pilot program. At a minimum, the
   98  report and recommendations must include:
   99         1. Identification of local governments other than the local
  100  government participating in the pilot program which should be
  101  certified. The report may also recommend that a local government
  102  is no longer appropriate for certification; and
  103         2. Changes to the certification pilot program.
  104         Section 2. Subsection (2) of section 190.005, Florida
  105  Statutes, is amended to read:
  106         190.005 Establishment of district.—
  107         (2) The exclusive and uniform method for the establishment
  108  of a community development district of less than 1,000 acres in
  109  size or a community development district of up to 2,000 acres in
  110  size located within a connected-city corridor established
  111  pursuant to s. 163.3246(14) shall be pursuant to an ordinance
  112  adopted by the county commission of the county having
  113  jurisdiction over the majority of land in the area in which the
  114  district is to be located granting a petition for the
  115  establishment of a community development district as follows:
  116         (a) A petition for the establishment of a community
  117  development district shall be filed by the petitioner with the
  118  county commission. The petition shall contain the same
  119  information as required in paragraph (1)(a).
  120         (b) A public hearing on the petition shall be conducted by
  121  the county commission in accordance with the requirements and
  122  procedures of paragraph (1)(d).
  123         (c) The county commission shall consider the record of the
  124  public hearing and the factors set forth in paragraph (1)(e) in
  125  making its determination to grant or deny a petition for the
  126  establishment of a community development district.
  127         (d) The county commission shall not adopt any ordinance
  128  which would expand, modify, or delete any provision of the
  129  uniform community development district charter as set forth in
  130  ss. 190.006-190.041. An ordinance establishing a community
  131  development district shall only include the matters provided for
  132  in paragraph (1)(f) unless the commission consents to any of the
  133  optional powers under s. 190.012(2) at the request of the
  134  petitioner.
  135         (e) If all of the land in the area for the proposed
  136  district is within the territorial jurisdiction of a municipal
  137  corporation, then the petition requesting establishment of a
  138  community development district under this act shall be filed by
  139  the petitioner with that particular municipal corporation. In
  140  such event, the duties of the county, hereinabove described, in
  141  action upon the petition shall be the duties of the municipal
  142  corporation. If any of the land area of a proposed district is
  143  within the land area of a municipality, the county commission
  144  may not create the district without municipal approval. If all
  145  of the land in the area for the proposed district, even if less
  146  than 1,000 acres, is within the territorial jurisdiction of two
  147  or more municipalities, except for proposed districts within a
  148  connected-city corridor established pursuant to s. 163.3246(14),
  149  the petition shall be filed with the Florida Land and Water
  150  Adjudicatory Commission and proceed in accordance with
  151  subsection (1).
  152         (f) Notwithstanding any other provision of this subsection,
  153  within 90 days after a petition for the establishment of a
  154  community development district has been filed pursuant to this
  155  subsection, the governing body of the county or municipal
  156  corporation may transfer the petition to the Florida Land and
  157  Water Adjudicatory Commission, which shall make the
  158  determination to grant or deny the petition as provided in
  159  subsection (1). A county or municipal corporation shall have no
  160  right or power to grant or deny a petition that has been
  161  transferred to the Florida Land and Water Adjudicatory
  162  Commission.
  163         Section 3. This act shall take effect upon becoming a law.