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. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 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.