ENROLLED
       2015 Legislature            CS for CS for SB 1216, 2nd Engrossed
       
       
       
       
       
       
                                                             20151216er
    1  
    2         An act relating to community development; amending s.
    3         163.3175, F.S.; deleting obsolete provisions; amending
    4         s. 163.3177, F.S.; providing that certain local
    5         governments are not required to amend their
    6         comprehensive plans or maintain a work plan under
    7         certain circumstances; amending s. 163.3184, F.S.;
    8         requiring certain plan amendments be subject to the
    9         state coordinated review process; amending s.
   10         163.3245, F.S.; providing that other requirements of
   11         this chapter inconsistent with or superseded by
   12         certain planning standards relating to a long-term
   13         master plan do not apply; providing that other
   14         requirements of this chapter inconsistent with or
   15         superseded by certain planning standards relating to
   16         detailed specific area plans do not apply; providing
   17         that conservation easements may be based on digital
   18         orthophotography prepared by licensed surveyor and
   19         mapper and may include a right of adjustment subject
   20         to certain requirements; providing that substitution
   21         is accomplished by recording an amendment to a
   22         conservation easement as accepted by and with the
   23         consent of the grantee; requiring the applicant for a
   24         detailed specific area plan to transmit copies of the
   25         application to specified reviewing agencies for review
   26         and comment; requiring such agency comments to be
   27         submitted to the local government having jurisdiction
   28         and to the state land planning agency, subject to
   29         certain requirements; authorizing the Department of
   30         Environmental Protection, the Fish and Wildlife
   31         Conservation Commission, or the water management
   32         district to accept compensatory mitigation under
   33         certain circumstances, pursuant to a specified section
   34         or chapter; providing that the adoption of a long-term
   35         master plan or a detailed specific area plan pursuant
   36         to this section does not limit the right to establish
   37         new agricultural or silvicultural uses under certain
   38         circumstances; allowing an applicant with an approved
   39         master development order to request that the
   40         applicable water management district issue a specified
   41         consumptive use permit for the same period of time as
   42         the approved master development order; providing
   43         applicability; providing that a local government is
   44         not precluded from requiring data and analysis beyond
   45         the minimum criteria established in this section;
   46         amending s. 163.3246, F.S.; removing restrictions on
   47         certain exemptions; providing legislative intent;
   48         designating Pasco County as a pilot community;
   49         requiring the state land planning agency to provide a
   50         written certification to Pasco County within a certain
   51         timeframe; providing requirements for certain plan
   52         amendments; requiring the Office of Program Policy
   53         Analysis and Government Accountability to submit a
   54         report and recommendations to the Governor and the
   55         Legislature by a certain date; providing requirements
   56         for the report; amending s. 163.3248, F.S.; removing
   57         the requirement that regional planning councils
   58         provide assistance in developing a plan for a rural
   59         land stewardship area; amending s. 163.340, F.S.;
   60         expanding the definition of the term “blighted area”
   61         to include a substantial number or percentage of
   62         properties damaged by sinkhole activity which are not
   63         adequately repaired or stabilized; conforming a cross
   64         reference; amending s. 163.524, F.S.; conforming a
   65         cross-reference; repealing s. 186.0201, F.S., relating
   66         to electric substation planning; amending s. 186.505,
   67         F.S.; removing the power of regional planning councils
   68         to establish and conduct cross-acceptance negotiation
   69         processes; creating s. 186.512, F.S.; subdividing the
   70         state into specified geographic regions for the
   71         purpose of regional comprehensive planning;
   72         authorizing the Governor to review and update the
   73         district boundaries of the regional planning councils;
   74         providing requirements to aid in the transition of
   75         regional planning councils; amending s. 186.513, F.S.;
   76         deleting the requirement that regional planning
   77         councils make joint reports and recommendations;
   78         amending s. 190.005, F.S.; requiring community
   79         development districts up to a certain size located
   80         within a connected-city corridor to be established
   81         pursuant to an ordinance; amending s. 253.7828, F.S.;
   82         conforming provisions to changes made by the act;
   83         repealing s. 260.018, F.S., relating to agency
   84         recognition of certain publicly owned lands and
   85         waters; amending s. 339.155, F.S.; removing certain
   86         duties of regional planning councils; amending s.
   87         373.236, F.S.; authorizing a water management district
   88         to issue a permit to an applicant for the same period
   89         of time as the applicant’s approved master development
   90         order, subject to certain requirements and
   91         restrictions; amending s. 380.06, F.S.; removing the
   92         requirement that certain developers submit biennial
   93         reports to regional planning agencies; providing that
   94         new proposed developments are subject to the state
   95         coordinated review process and not the development of
   96         regional impact review process; amending s. 403.50663,
   97         F.S.; removing requirements relating to certain
   98         informational public meetings; amending s. 403.507,
   99         F.S.; removing the requirement that regional planning
  100         councils prepare reports addressing the impact of
  101         proposed electrical power plants; amending s. 403.508,
  102         F.S.; removing the requirement that regional planning
  103         councils participate in certain proceedings; amending
  104         s. 403.5115, F.S.; conforming provisions to changes
  105         made by the act; amending s. 403.526, F.S.; removing
  106         the requirement that regional planning councils
  107         prepare reports addressing the impact of proposed
  108         transmission lines or corridors; amending s. 403.527,
  109         F.S.; removing the requirement that regional planning
  110         councils parties participate in certain proceedings;
  111         amending s. 403.5272, F.S.; conforming provisions to
  112         changes made by the act; amending s. 403.7264, F.S.;
  113         removing the requirement that regional planning
  114         councils assist with amnesty days for purging small
  115         quantities of hazardous wastes; amending s. 403.941,
  116         F.S.; removing the requirement that regional planning
  117         councils prepare reports addressing the impact of
  118         proposed natural gas transmission lines or corridors;
  119         amending s. 403.9411, F.S.; removing the requirement
  120         that regional planning councils participate in certain
  121         proceedings; amending ss. 419.001 and 985.682, F.S.;
  122         removing provisions relating to the use of a certain
  123         dispute resolution process; amending s. 380.0666,
  124         F.S.; authorizing land authorities to contribute
  125         tourist impact tax revenues to certain municipalities
  126         for the construction, redevelopment, or preservation
  127         of affordable housing in areas of critical state
  128         concern within such municipalities; amending s.
  129         125.0108, F.S.; conforming provisions to changes made
  130         by the act; providing an effective date.
  131          
  132  Be It Enacted by the Legislature of the State of Florida:
  133  
  134         Section 1. Subsection (9) of section 163.3175, Florida
  135  Statutes, is amended to read:
  136         163.3175 Legislative findings on compatibility of
  137  development with military installations; exchange of information
  138  between local governments and military installations.—
  139         (9) If a local government, as required under s.
  140  163.3177(6)(a), does not adopt criteria and address
  141  compatibility of lands adjacent to or closely proximate to
  142  existing military installations in its future land use plan
  143  element by June 30, 2012, the local government, the military
  144  installation, the state land planning agency, and other parties
  145  as identified by the regional planning council, including, but
  146  not limited to, private landowner representatives, shall enter
  147  into mediation conducted pursuant to s. 186.509. If the local
  148  government comprehensive plan does not contain criteria
  149  addressing compatibility by December 31, 2013, the agency may
  150  notify the Administration Commission. The Administration
  151  Commission may impose sanctions pursuant to s. 163.3184(8). Any
  152  local government that amended its comprehensive plan to address
  153  military installation compatibility requirements after 2004 and
  154  was found to be in compliance is deemed to be in compliance with
  155  this subsection until the local government conducts its
  156  evaluation and appraisal review pursuant to s. 163.3191 and
  157  determines that amendments are necessary to meet updated general
  158  law requirements.
  159         Section 2. Paragraph (c) of subsection (6) of section
  160  163.3177, Florida Statutes, is amended to read:
  161         163.3177 Required and optional elements of comprehensive
  162  plan; studies and surveys.—
  163         (6) In addition to the requirements of subsections (1)-(5),
  164  the comprehensive plan shall include the following elements:
  165         (c) A general sanitary sewer, solid waste, drainage,
  166  potable water, and natural groundwater aquifer recharge element
  167  correlated to principles and guidelines for future land use,
  168  indicating ways to provide for future potable water, drainage,
  169  sanitary sewer, solid waste, and aquifer recharge protection
  170  requirements for the area. The element may be a detailed
  171  engineering plan including a topographic map depicting areas of
  172  prime groundwater recharge.
  173         1. Each local government shall address in the data and
  174  analyses required by this section those facilities that provide
  175  service within the local government’s jurisdiction. Local
  176  governments that provide facilities to serve areas within other
  177  local government jurisdictions shall also address those
  178  facilities in the data and analyses required by this section,
  179  using data from the comprehensive plan for those areas for the
  180  purpose of projecting facility needs as required in this
  181  subsection. For shared facilities, each local government shall
  182  indicate the proportional capacity of the systems allocated to
  183  serve its jurisdiction.
  184         2. The element shall describe the problems and needs and
  185  the general facilities that will be required for solution of the
  186  problems and needs, including correcting existing facility
  187  deficiencies. The element shall address coordinating the
  188  extension of, or increase in the capacity of, facilities to meet
  189  future needs while maximizing the use of existing facilities and
  190  discouraging urban sprawl; conserving potable water resources;
  191  and protecting the functions of natural groundwater recharge
  192  areas and natural drainage features.
  193         3. Within 18 months after the governing board approves an
  194  updated regional water supply plan, the element must incorporate
  195  the alternative water supply project or projects selected by the
  196  local government from those identified in the regional water
  197  supply plan pursuant to s. 373.709(2)(a) or proposed by the
  198  local government under s. 373.709(8)(b). If a local government
  199  is located within two water management districts, the local
  200  government shall adopt its comprehensive plan amendment within
  201  18 months after the later updated regional water supply plan.
  202  The element must identify such alternative water supply projects
  203  and traditional water supply projects and conservation and reuse
  204  necessary to meet the water needs identified in s. 373.709(2)(a)
  205  within the local government’s jurisdiction and include a work
  206  plan, covering at least a 10-year planning period, for building
  207  public, private, and regional water supply facilities, including
  208  development of alternative water supplies, which are identified
  209  in the element as necessary to serve existing and new
  210  development. The work plan shall be updated, at a minimum, every
  211  5 years within 18 months after the governing board of a water
  212  management district approves an updated regional water supply
  213  plan. Local governments, public and private utilities, regional
  214  water supply authorities, special districts, and water
  215  management districts are encouraged to cooperatively plan for
  216  the development of multijurisdictional water supply facilities
  217  that are sufficient to meet projected demands for established
  218  planning periods, including the development of alternative water
  219  sources to supplement traditional sources of groundwater and
  220  surface water supplies.
  221         4. A local government that does not own, operate, or
  222  maintain its own water supply facilities, including but not
  223  limited to wells, treatment facilities, and distribution
  224  infrastructure, and is served by a public water utility with a
  225  permitted allocation of greater than 300 million gallons per day
  226  is not required to amend its comprehensive plan in response to
  227  an updated regional water supply plan or to maintain a work plan
  228  if any such local government’s usage of water constitutes less
  229  than 1 percent of the public water utility’s total permitted
  230  allocation. However, any such local government is required to
  231  cooperate with, and provide relevant data to, any local
  232  government or utility provider that provides service within its
  233  jurisdiction, and to keep its general sanitary sewer, solid
  234  waste, potable water, and natural groundwater aquifer recharge
  235  element updated in accordance with s. 163.3191.
  236         Section 3. Paragraph (c) of subsection (2) of section
  237  163.3184, Florida Statutes, is amended to read:
  238         163.3184 Process for adoption of comprehensive plan or plan
  239  amendment.—
  240         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
  241         (c) Plan amendments that are in an area of critical state
  242  concern designated pursuant to s. 380.05; propose a rural land
  243  stewardship area pursuant to s. 163.3248; propose a sector plan
  244  pursuant to s. 163.3245 or an amendment to an adopted sector
  245  plan; update a comprehensive plan based on an evaluation and
  246  appraisal pursuant to s. 163.3191; propose a development that
  247  qualifies as a development of regional impact pursuant to s.
  248  380.06 s. 380.06(24)(x); or are new plans for newly incorporated
  249  municipalities adopted pursuant to s. 163.3167 shall follow the
  250  state coordinated review process in subsection (4).
  251         Section 4. Present subsection (13) of section 163.3245,
  252  Florida Statutes, is redesignated as subsection (14),
  253  subsections (3) and (9) of that section are amended, and a new
  254  subsection (13) and subsection (15) are added to that section,
  255  to read:
  256         163.3245 Sector plans.—
  257         (3) Sector planning encompasses two levels: adoption
  258  pursuant to s. 163.3184 of a long-term master plan for the
  259  entire planning area as part of the comprehensive plan, and
  260  adoption by local development order of two or more detailed
  261  specific area plans that implement the long-term master plan and
  262  within which s. 380.06 is waived.
  263         (a) In addition to the other requirements of this chapter,
  264  except for those that are inconsistent with or superseded by the
  265  planning standards of this paragraph, a long-term master plan
  266  pursuant to this section must include maps, illustrations, and
  267  text supported by data and analysis to address the following:
  268         1. A framework map that, at a minimum, generally depicts
  269  areas of urban, agricultural, rural, and conservation land use;
  270  identifies allowed uses in various parts of the planning area;
  271  specifies maximum and minimum densities and intensities of use;
  272  and provides the general framework for the development pattern
  273  in developed areas with graphic illustrations based on a
  274  hierarchy of places and functional place-making components.
  275         2. A general identification of the water supplies needed
  276  and available sources of water, including water resource
  277  development and water supply development projects, and water
  278  conservation measures needed to meet the projected demand of the
  279  future land uses in the long-term master plan.
  280         3. A general identification of the transportation
  281  facilities to serve the future land uses in the long-term master
  282  plan, including guidelines to be used to establish each modal
  283  component intended to optimize mobility.
  284         4. A general identification of other regionally significant
  285  public facilities necessary to support the future land uses,
  286  which may include central utilities provided onsite within the
  287  planning area, and policies setting forth the procedures to be
  288  used to mitigate the impacts of future land uses on public
  289  facilities.
  290         5. A general identification of regionally significant
  291  natural resources within the planning area based on the best
  292  available data and policies setting forth the procedures for
  293  protection or conservation of specific resources consistent with
  294  the overall conservation and development strategy for the
  295  planning area.
  296         6. General principles and guidelines addressing the urban
  297  form and the interrelationships of future land uses; the
  298  protection and, as appropriate, restoration and management of
  299  lands identified for permanent preservation through recordation
  300  of conservation easements consistent with s. 704.06, which shall
  301  be phased or staged in coordination with detailed specific area
  302  plans to reflect phased or staged development within the
  303  planning area; achieving a more clean, healthy environment;
  304  limiting urban sprawl; providing a range of housing types;
  305  protecting wildlife and natural areas; advancing the efficient
  306  use of land and other resources; creating quality communities of
  307  a design that promotes travel by multiple transportation modes;
  308  and enhancing the prospects for the creation of jobs.
  309         7. Identification of general procedures and policies to
  310  facilitate intergovernmental coordination to address
  311  extrajurisdictional impacts from the future land uses.
  312  
  313  A long-term master plan adopted pursuant to this section may be
  314  based upon a planning period longer than the generally
  315  applicable planning period of the local comprehensive plan,
  316  shall specify the projected population within the planning area
  317  during the chosen planning period, and may include a phasing or
  318  staging schedule that allocates a portion of the local
  319  government’s future growth to the planning area through the
  320  planning period. A long-term master plan adopted pursuant to
  321  this section is not required to demonstrate need based upon
  322  projected population growth or on any other basis.
  323         (b) In addition to the other requirements of this chapter,
  324  except for those that are inconsistent with or superseded by the
  325  planning standards of this paragraph, the detailed specific area
  326  plans shall be consistent with the long-term master plan and
  327  must include conditions and commitments that provide for:
  328         1. Development or conservation of an area of at least 1,000
  329  acres consistent with the long-term master plan. The local
  330  government may approve detailed specific area plans of less than
  331  1,000 acres based on local circumstances if it is determined
  332  that the detailed specific area plan furthers the purposes of
  333  this part and part I of chapter 380.
  334         2. Detailed identification and analysis of the maximum and
  335  minimum densities and intensities of use and the distribution,
  336  extent, and location of future land uses.
  337         3. Detailed identification of water resource development
  338  and water supply development projects and related infrastructure
  339  and water conservation measures to address water needs of
  340  development in the detailed specific area plan.
  341         4. Detailed identification of the transportation facilities
  342  to serve the future land uses in the detailed specific area
  343  plan.
  344         5. Detailed identification of other regionally significant
  345  public facilities, including public facilities outside the
  346  jurisdiction of the host local government, impacts of future
  347  land uses on those facilities, and required improvements
  348  consistent with the long-term master plan.
  349         6. Public facilities necessary to serve development in the
  350  detailed specific area plan, including developer contributions
  351  in a 5-year capital improvement schedule of the affected local
  352  government.
  353         7. Detailed analysis and identification of specific
  354  measures to ensure the protection and, as appropriate,
  355  restoration and management of lands within the boundary of the
  356  detailed specific area plan identified for permanent
  357  preservation through recordation of conservation easements
  358  consistent with s. 704.06, which easements shall be effective
  359  before or concurrent with the effective date of the detailed
  360  specific area plan and other important resources both within and
  361  outside the host jurisdiction. Any such conservation easement
  362  may be based on digital orthophotography prepared by a surveyor
  363  and mapper licensed under chapter 472 and may include a right of
  364  adjustment authorizing the grantor to modify portions of the
  365  area protected by a conservation easement and substitute other
  366  lands in their place if the lands to be substituted contain no
  367  less gross acreage than the lands to be removed; have equivalent
  368  values in the proportion and quality of wetlands, uplands, and
  369  wildlife habitat; and are contiguous to other lands protected by
  370  the conservation easement. Substitution is accomplished by
  371  recording an amendment to the conservation easement as accepted
  372  by and with the consent of the grantee, and which consent may
  373  not be unreasonably withheld.
  374         8. Detailed principles and guidelines addressing the urban
  375  form and the interrelationships of future land uses; achieving a
  376  more clean, healthy environment; limiting urban sprawl;
  377  providing a range of housing types; protecting wildlife and
  378  natural areas; advancing the efficient use of land and other
  379  resources; creating quality communities of a design that
  380  promotes travel by multiple transportation modes; and enhancing
  381  the prospects for the creation of jobs.
  382         9. Identification of specific procedures to facilitate
  383  intergovernmental coordination to address extrajurisdictional
  384  impacts from the detailed specific area plan.
  385  
  386  A detailed specific area plan adopted by local development order
  387  pursuant to this section may be based upon a planning period
  388  longer than the generally applicable planning period of the
  389  local comprehensive plan and shall specify the projected
  390  population within the specific planning area during the chosen
  391  planning period. A detailed specific area plan adopted pursuant
  392  to this section is not required to demonstrate need based upon
  393  projected population growth or on any other basis. All lands
  394  identified in the long-term master plan for permanent
  395  preservation shall be subject to a recorded conservation
  396  easement consistent with s. 704.06 before or concurrent with the
  397  effective date of the final detailed specific area plan to be
  398  approved within the planning area. Any such conservation
  399  easement may be based on digital orthophotography prepared by a
  400  surveyor and mapper licensed under chapter 472 and may include a
  401  right of adjustment authorizing the grantor to modify portions
  402  of the area protected by a conservation easement and substitute
  403  other lands in their place if the lands to be substituted
  404  contain no less gross acreage than the lands to be removed; have
  405  equivalent values in the proportion and quality of wetlands,
  406  uplands, and wildlife habitat; and are contiguous to other lands
  407  protected by the conservation easement. Substitution is
  408  accomplished by recording an amendment to the conservation
  409  easement as accepted by and with the consent of the grantee, and
  410  which consent may not be unreasonably withheld.
  411         (c) In its review of a long-term master plan, the state
  412  land planning agency shall consult with the Department of
  413  Agriculture and Consumer Services, the Department of
  414  Environmental Protection, the Fish and Wildlife Conservation
  415  Commission, and the applicable water management district
  416  regarding the design of areas for protection and conservation of
  417  regionally significant natural resources and for the protection
  418  and, as appropriate, restoration and management of lands
  419  identified for permanent preservation.
  420         (d) In its review of a long-term master plan, the state
  421  land planning agency shall consult with the Department of
  422  Transportation, the applicable metropolitan planning
  423  organization, and any urban transit agency regarding the
  424  location, capacity, design, and phasing or staging of major
  425  transportation facilities in the planning area.
  426         (e) Whenever a local government issues a development order
  427  approving a detailed specific area plan, a copy of such order
  428  shall be rendered to the state land planning agency and the
  429  owner or developer of the property affected by such order, as
  430  prescribed by rules of the state land planning agency for a
  431  development order for a development of regional impact. Within
  432  45 days after the order is rendered, the owner, the developer,
  433  or the state land planning agency may appeal the order to the
  434  Florida Land and Water Adjudicatory Commission by filing a
  435  petition alleging that the detailed specific area plan is not
  436  consistent with the comprehensive plan or with the long-term
  437  master plan adopted pursuant to this section. The appellant
  438  shall furnish a copy of the petition to the opposing party, as
  439  the case may be, and to the local government that issued the
  440  order. The filing of the petition stays the effectiveness of the
  441  order until after completion of the appeal process. However, if
  442  a development order approving a detailed specific area plan has
  443  been challenged by an aggrieved or adversely affected party in a
  444  judicial proceeding pursuant to s. 163.3215, and a party to such
  445  proceeding serves notice to the state land planning agency, the
  446  state land planning agency shall dismiss its appeal to the
  447  commission and shall have the right to intervene in the pending
  448  judicial proceeding pursuant to s. 163.3215. Proceedings for
  449  administrative review of an order approving a detailed specific
  450  area plan shall be conducted consistent with s. 380.07(6). The
  451  commission shall issue a decision granting or denying permission
  452  to develop pursuant to the long-term master plan and the
  453  standards of this part and may attach conditions or restrictions
  454  to its decisions.
  455         (f) The applicant for a detailed specific area plan shall
  456  transmit copies of the application to the reviewing agencies
  457  specified in s. 163.3184(1)(c), or their successor agencies, for
  458  review and comment as to whether the detailed specific area plan
  459  is consistent with the comprehensive plan and the long-term
  460  master plan. Any comments from the reviewing agencies shall be
  461  submitted in writing to the local government with jurisdiction
  462  and to the state land planning agency within 30 days after the
  463  applicant’s transmittal of the application.
  464         (g)(f) This subsection does not prevent preparation and
  465  approval of the sector plan and detailed specific area plan
  466  concurrently or in the same submission.
  467         (h)If an applicant seeks to use wetland or upland
  468  preservation achieved by granting conservation easements
  469  required under this section as compensatory mitigation for
  470  permitting purposes under chapter 373 or chapter 379, the
  471  Department of Environmental Protection, the Fish and Wildlife
  472  Conservation Commission, or the water management district may
  473  accept such mitigation under the criteria established in the
  474  uniform assessment method required by s. 373.414, or pursuant to
  475  chapter 379, as applicable, without considering the fact that a
  476  conservation easement encumbering the same real property was
  477  previously recorded pursuant to paragraph (b).
  478         (9) The adoption of a long-term master plan or a detailed
  479  specific area plan pursuant to this section does not limit the
  480  right to continue existing agricultural or silvicultural uses or
  481  other natural resource-based operations or to establish similar
  482  new agricultural or silvicultural uses that are consistent with
  483  the plans approved pursuant to this section.
  484         (13) An applicant with an approved master development order
  485  may request that the applicable water management district issue
  486  a consumptive use permit as set forth in s. 373.236(8) for the
  487  same period of time as the approved master development order.
  488         (15) The more specific provisions of this section shall
  489  supersede the generally applicable provisions of this chapter
  490  which otherwise would apply. This section does not preclude a
  491  local government from requiring data and analysis beyond the
  492  minimum criteria established in this section.
  493         Section 5. Subsection (11) of section 163.3246, Florida
  494  Statutes, is amended, and subsection (14) is added to that
  495  section to read:
  496         163.3246 Local government comprehensive planning
  497  certification program.—
  498         (11) If the local government of an area described in
  499  subsection (10) does not request that the state land planning
  500  agency review the developments of regional impact that are
  501  proposed within the certified area, an application for approval
  502  of a development order within the certified area shall be exempt
  503  from review under s. 380.06, subject to the following:
  504         (a) Concurrent with filing an application for development
  505  approval with the local government, a developer proposing a
  506  project that would have been subject to review pursuant to s.
  507  380.06 shall notify in writing the regional planning council
  508  with jurisdiction.
  509         (b) The regional planning council shall coordinate with the
  510  developer and the local government to ensure that all
  511  concurrency requirements as well as federal, state, and local
  512  environmental permit requirements are met.
  513         (14) It is the intent of the Legislature to encourage the
  514  creation of connected-city corridors that facilitate the growth
  515  of high-technology industry and innovation through partnerships
  516  that support research, marketing, workforce, and
  517  entrepreneurship. It is the intent of the Legislature to provide
  518  for a locally controlled, comprehensive plan amendment process
  519  for such projects that are designed to achieve a cleaner,
  520  healthier environment; limit urban sprawl by promoting diverse
  521  but interconnected communities; provide a range of
  522  intergenerational housing types; protect wildlife and natural
  523  areas; assure the efficient use of land and other resources;
  524  create quality communities of a design that promotes alternative
  525  transportation networks and travel by multiple transportation
  526  modes; and enhance the prospects for the creation of jobs. The
  527  Legislature finds and declares that this state’s connected-city
  528  corridors require a reduced level of state and regional
  529  oversight because of their high degree of urbanization and the
  530  planning capabilities and resources of the local government.
  531         (a) Notwithstanding subsections (2), (4), (5), (6), and
  532  (7), Pasco County is named a pilot community and shall be
  533  considered certified for a period of 10 years for connected-city
  534  corridor plan amendments. The state land planning agency shall
  535  provide a written notice of certification to Pasco County by
  536  July 15, 2015, which shall be considered a final agency action
  537  subject to challenge under s. 120.569. The notice of
  538  certification must include:
  539         1. The boundary of the connected-city corridor
  540  certification area; and
  541         2. A requirement that Pasco County submit an annual or
  542  biennial monitoring report to the state land planning agency
  543  according to the schedule provided in the written notice. The
  544  monitoring report must, at a minimum, include the number of
  545  amendments to the comprehensive plan adopted by Pasco County,
  546  the number of plan amendments challenged by an affected person,
  547  and the disposition of such challenges.
  548         (b) A plan amendment adopted under this subsection may be
  549  based upon a planning period longer than the generally
  550  applicable planning period of the Pasco County local
  551  comprehensive plan, must specify the projected population within
  552  the planning area during the chosen planning period, may include
  553  a phasing or staging schedule that allocates a portion of Pasco
  554  County’s future growth to the planning area through the planning
  555  period, and may designate a priority zone or subarea within the
  556  connected-city corridor for initial implementation of the plan.
  557  A plan amendment adopted under this subsection is not required
  558  to demonstrate need based upon projected population growth or on
  559  any other basis.
  560         (c) If Pasco County adopts a long-term transportation
  561  network plan and financial feasibility plan, and subject to
  562  compliance with the requirements of such a plan, the projects
  563  within the connected-city corridor are deemed to have satisfied
  564  all concurrency and other state agency or local government
  565  transportation mitigation requirements except for site-specific
  566  access management requirements.
  567         (d) If Pasco County does not request that the state land
  568  planning agency review the developments of regional impact that
  569  are proposed within the certified area, an application for
  570  approval of a development order within the certified area is
  571  exempt from review under s. 380.06.
  572         (e) The Office of Program Policy Analysis and Government
  573  Accountability (OPPAGA) shall submit to the Governor, the
  574  President of the Senate, and the Speaker of the House of
  575  Representatives by December 1, 2024, a report and
  576  recommendations for implementing a statewide program that
  577  addresses the legislative findings in this subsection. In
  578  consultation with the state land planning agency, OPPAGA shall
  579  develop the report and recommendations with input from other
  580  state and regional agencies, local governments, and interest
  581  groups. OPPAGA shall also solicit citizen input in the
  582  potentially affected areas and consult with the affected local
  583  government and stakeholder groups. Additionally, OPPAGA shall
  584  review local and state actions and correspondence relating to
  585  the pilot program to identify issues of process and substance in
  586  recommending changes to the pilot program. At a minimum, the
  587  report and recommendations must include:
  588         1. Identification of local governments other than the local
  589  government participating in the pilot program which should be
  590  certified. The report may also recommend that a local government
  591  is no longer appropriate for certification; and
  592         2. Changes to the certification pilot program.
  593         Section 6. Subsection (4) of section 163.3248, Florida
  594  Statutes, is amended to read:
  595         163.3248 Rural land stewardship areas.—
  596         (4) A local government or one or more property owners may
  597  request assistance and participation in the development of a
  598  plan for the rural land stewardship area from the state land
  599  planning agency, the Department of Agriculture and Consumer
  600  Services, the Fish and Wildlife Conservation Commission, the
  601  Department of Environmental Protection, the appropriate water
  602  management district, the Department of Transportation, the
  603  regional planning council, private land owners, and
  604  stakeholders.
  605         Section 7. Subsection (8) of section 163.340, Florida
  606  Statutes, is amended to read:
  607         163.340 Definitions.—The following terms, wherever used or
  608  referred to in this part, have the following meanings:
  609         (8) “Blighted area” means an area in which there are a
  610  substantial number of deteriorated, or deteriorating
  611  structures;, in which conditions, as indicated by government
  612  maintained statistics or other studies, endanger life or
  613  property or are leading to economic distress; or endanger life
  614  or property, and in which two or more of the following factors
  615  are present:
  616         (a) Predominance of defective or inadequate street layout,
  617  parking facilities, roadways, bridges, or public transportation
  618  facilities.;
  619         (b) Aggregate assessed values of real property in the area
  620  for ad valorem tax purposes have failed to show any appreciable
  621  increase over the 5 years prior to the finding of such
  622  conditions.;
  623         (c) Faulty lot layout in relation to size, adequacy,
  624  accessibility, or usefulness.;
  625         (d) Unsanitary or unsafe conditions.;
  626         (e) Deterioration of site or other improvements.;
  627         (f) Inadequate and outdated building density patterns.;
  628         (g) Falling lease rates per square foot of office,
  629  commercial, or industrial space compared to the remainder of the
  630  county or municipality.;
  631         (h) Tax or special assessment delinquency exceeding the
  632  fair value of the land.;
  633         (i) Residential and commercial vacancy rates higher in the
  634  area than in the remainder of the county or municipality.;
  635         (j) Incidence of crime in the area higher than in the
  636  remainder of the county or municipality.;
  637         (k) Fire and emergency medical service calls to the area
  638  proportionately higher than in the remainder of the county or
  639  municipality.;
  640         (l) A greater number of violations of the Florida Building
  641  Code in the area than the number of violations recorded in the
  642  remainder of the county or municipality.;
  643         (m) Diversity of ownership or defective or unusual
  644  conditions of title which prevent the free alienability of land
  645  within the deteriorated or hazardous area.; or
  646         (n) Governmentally owned property with adverse
  647  environmental conditions caused by a public or private entity.
  648         (o) A substantial number or percentage of properties
  649  damaged by sinkhole activity which have not been adequately
  650  repaired or stabilized.
  651  
  652  However, the term “blighted area” also means any area in which
  653  at least one of the factors identified in paragraphs (a) through
  654  (o) is (n) are present and all taxing authorities subject to s.
  655  163.387(2)(a) agree, either by interlocal agreement or
  656  agreements with the agency or by resolution, that the area is
  657  blighted. Such agreement or resolution must be limited to a
  658  determination shall only determine that the area is blighted.
  659  For purposes of qualifying for the tax credits authorized in
  660  chapter 220, “blighted area” means an area as defined in this
  661  subsection.
  662         Section 8. Subsection (3) of section 163.524, Florida
  663  Statutes, is amended to read:
  664         163.524 Neighborhood Preservation and Enhancement Program;
  665  participation; creation of Neighborhood Preservation and
  666  Enhancement Districts; creation of Neighborhood Councils and
  667  Neighborhood Enhancement Plans.—
  668         (3) After the boundaries and size of the Neighborhood
  669  Preservation and Enhancement District have been defined, the
  670  local government shall pass an ordinance authorizing the
  671  creation of the Neighborhood Preservation and Enhancement
  672  District. The ordinance shall contain a finding that the
  673  boundaries of the Neighborhood Preservation and Enhancement
  674  District comply with meet the provisions of s. 163.340(7) or s.
  675  (8)(a)-(o) (8)(a)-(n) or do not contain properties that are
  676  protected by deed restrictions. Such ordinance may be amended or
  677  repealed in the same manner as other local ordinances.
  678         Section 9. Section 186.0201, Florida Statutes, is repealed.
  679         Section 10. Subsection (22) of section 186.505, Florida
  680  Statutes, is amended to read:
  681         186.505 Regional planning councils; powers and duties.—Any
  682  regional planning council created hereunder shall have the
  683  following powers:
  684         (22) To establish and conduct a cross-acceptance
  685  negotiation process with local governments intended to resolve
  686  inconsistencies between applicable local and regional plans,
  687  with participation by local governments being voluntary.
  688         Section 11. Section 186.512, Florida Statutes, is created
  689  to read:
  690         186.512 Designation of regional planning councils.
  691         (1) The territorial area of the state is subdivided into
  692  the following districts for the purpose of regional
  693  comprehensive planning. The name and geographic area of each
  694  respective district must accord with the following:
  695         (a) West Florida Regional Planning Council: Bay, Escambia,
  696  Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
  697         (b) Apalachee Regional Planning Council: Calhoun, Franklin,
  698  Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
  699  Counties.
  700         (c) North Central Florida Regional Planning Council:
  701  Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
  702  Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
  703  Counties.
  704         (d) Northeast Florida Regional Planning Council: Baker,
  705  Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
  706         (e) East Central Florida Regional Planning Council:
  707  Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
  708  Counties.
  709         (f) Central Florida Regional Planning Council: DeSoto,
  710  Hardee, Highlands, Okeechobee, and Polk Counties.
  711         (g) Tampa Bay Regional Planning Council: Citrus, Hernando,
  712  Hillsborough, Manatee, Pasco, and Pinellas Counties.
  713         (h) Southwest Florida Regional Planning Council: Charlotte,
  714  Collier, Glades, Hendry, Lee, and Sarasota Counties.
  715         (i) Treasure Coast Regional Planning Council: Indian River,
  716  Martin, Palm Beach, and St. Lucie Counties.
  717         (j) South Florida Regional Planning Council: Broward,
  718  Miami-Dade, and Monroe Counties.
  719         (2) Beginning January 1, 2016, and thereafter, the Governor
  720  may review and update the district boundaries of the regional
  721  planning councils pursuant to his authority under s. 186.506(4).
  722         (3) For the purposes of transition from one regional
  723  planning council to another, the successor regional planning
  724  council shall apply the prior strategic regional policy plan to
  725  a local government until such time as the successor regional
  726  planning council amends its plan pursuant to this chapter to
  727  include the affected local government within the new region.
  728         Section 12. Section 186.513, Florida Statutes, is amended
  729  to read:
  730         186.513 Reports.—Each regional planning council shall
  731  prepare and furnish an annual report on its activities to the
  732  state land planning agency as defined in s. 163.3164 and the
  733  local general-purpose governments within its boundaries and,
  734  upon payment as may be established by the council, to any
  735  interested person. The regional planning councils shall make a
  736  joint report and recommendations to appropriate legislative
  737  committees.
  738         Section 13. Subsection (2) of section 190.005, Florida
  739  Statutes, is amended to read:
  740         190.005 Establishment of district.—
  741         (2) The exclusive and uniform method for the establishment
  742  of a community development district of less than 1,000 acres in
  743  size or a community development district of up to 7,000 acres in
  744  size located within a connected-city corridor established
  745  pursuant to s. 163.3246(14) shall be pursuant to an ordinance
  746  adopted by the county commission of the county having
  747  jurisdiction over the majority of land in the area in which the
  748  district is to be located granting a petition for the
  749  establishment of a community development district as follows:
  750         (a) A petition for the establishment of a community
  751  development district shall be filed by the petitioner with the
  752  county commission. The petition shall contain the same
  753  information as required in paragraph (1)(a).
  754         (b) A public hearing on the petition shall be conducted by
  755  the county commission in accordance with the requirements and
  756  procedures of paragraph (1)(d).
  757         (c) The county commission shall consider the record of the
  758  public hearing and the factors set forth in paragraph (1)(e) in
  759  making its determination to grant or deny a petition for the
  760  establishment of a community development district.
  761         (d) The county commission shall not adopt any ordinance
  762  which would expand, modify, or delete any provision of the
  763  uniform community development district charter as set forth in
  764  ss. 190.006-190.041. An ordinance establishing a community
  765  development district shall only include the matters provided for
  766  in paragraph (1)(f) unless the commission consents to any of the
  767  optional powers under s. 190.012(2) at the request of the
  768  petitioner.
  769         (e) If all of the land in the area for the proposed
  770  district is within the territorial jurisdiction of a municipal
  771  corporation, then the petition requesting establishment of a
  772  community development district under this act shall be filed by
  773  the petitioner with that particular municipal corporation. In
  774  such event, the duties of the county, hereinabove described, in
  775  action upon the petition shall be the duties of the municipal
  776  corporation. If any of the land area of a proposed district is
  777  within the land area of a municipality, the county commission
  778  may not create the district without municipal approval. If all
  779  of the land in the area for the proposed district, even if less
  780  than 1,000 acres, is within the territorial jurisdiction of two
  781  or more municipalities, except for proposed districts within a
  782  connected-city corridor established pursuant to s. 163.3246(14),
  783  the petition shall be filed with the Florida Land and Water
  784  Adjudicatory Commission and proceed in accordance with
  785  subsection (1).
  786         (f) Notwithstanding any other provision of this subsection,
  787  within 90 days after a petition for the establishment of a
  788  community development district has been filed pursuant to this
  789  subsection, the governing body of the county or municipal
  790  corporation may transfer the petition to the Florida Land and
  791  Water Adjudicatory Commission, which shall make the
  792  determination to grant or deny the petition as provided in
  793  subsection (1). A county or municipal corporation shall have no
  794  right or power to grant or deny a petition that has been
  795  transferred to the Florida Land and Water Adjudicatory
  796  Commission.
  797         Section 14. Section 253.7828, Florida Statutes, is amended
  798  to read:
  799         253.7828 Impairment of use or conservation by agencies
  800  prohibited.—All agencies of the state, regional planning
  801  councils, water management districts, and local governments
  802  shall recognize the special character of the lands and waters
  803  designated by the state as the Cross Florida Greenways State
  804  Recreation and Conservation Area and shall not take any action
  805  which will impair its use and conservation.
  806         Section 15. Section 260.018, Florida Statutes, is repealed.
  807         Section 16. Paragraph (b) of subsection (4) of section
  808  339.155, Florida Statutes, is amended to read:
  809         339.155 Transportation planning.—
  810         (4) ADDITIONAL TRANSPORTATION PLANS.—
  811         (b) Each regional planning council, as provided for in s.
  812  186.504, or any successor agency thereto, shall develop, as an
  813  element of its strategic regional policy plan, transportation
  814  goals and policies. The transportation goals and policies must
  815  be prioritized to comply with the prevailing principles provided
  816  in subsection (1) and s. 334.046(1). The transportation goals
  817  and policies shall be consistent, to the maximum extent
  818  feasible, with the goals and policies of the metropolitan
  819  planning organization and the Florida Transportation Plan. The
  820  transportation goals and policies of the regional planning
  821  council will be advisory only and shall be submitted to the
  822  department and any affected metropolitan planning organization
  823  for their consideration and comments. Metropolitan planning
  824  organization plans and other local transportation plans shall be
  825  developed consistent, to the maximum extent feasible, with the
  826  regional transportation goals and policies. The regional
  827  planning council shall review urbanized area transportation
  828  plans and any other planning products stipulated in s. 339.175
  829  and provide the department and respective metropolitan planning
  830  organizations with written recommendations, which the department
  831  and the metropolitan planning organizations shall take under
  832  advisement. Further, the regional planning councils shall
  833  directly assist local governments that are not part of a
  834  metropolitan area transportation planning process in the
  835  development of the transportation element of their comprehensive
  836  plans as required by s. 163.3177.
  837         Section 17. Subsection (8) is added to section 373.236,
  838  Florida Statutes, to read:
  839         373.236 Duration of permits; compliance reports.—
  840         (8) A water management district may issue a permit to an
  841  applicant, as set forth in s. 163.3245(13), for the same period
  842  of time as the applicant’s approved master development order if
  843  the master development order was issued under s. 380.06(21) by a
  844  county which, at the time the order issued, was designated as a
  845  rural area of opportunity under s. 288.0656, was not located in
  846  an area encompassed by a regional water supply plan as set forth
  847  in s. 373.709(1), and was not located within the basin
  848  management action plan of a first magnitude spring. In reviewing
  849  the permit application and determining the permit duration, the
  850  water management district shall apply s. 163.3245(4)(b).
  851         Section 18. Subsection (18) of section 380.06, Florida
  852  Statutes, is amended and subsection (30) is added to that
  853  section, to read:
  854         380.06 Developments of regional impact.—
  855         (18) BIENNIAL REPORTS.—The developer shall submit a
  856  biennial report on the development of regional impact to the
  857  local government, the regional planning agency, the state land
  858  planning agency, and all affected permit agencies in alternate
  859  years on the date specified in the development order, unless the
  860  development order by its terms requires more frequent
  861  monitoring. If the report is not received, the regional planning
  862  agency or the state land planning agency shall notify the local
  863  government. If the local government does not receive the report
  864  or receives notification that the regional planning agency or
  865  the state land planning agency has not received the report, the
  866  local government shall request in writing that the developer
  867  submit the report within 30 days. The failure to submit the
  868  report after 30 days shall result in the temporary suspension of
  869  the development order by the local government. If no additional
  870  development pursuant to the development order has occurred since
  871  the submission of the previous report, then a letter from the
  872  developer stating that no development has occurred shall satisfy
  873  the requirement for a report. Development orders that require
  874  annual reports may be amended to require biennial reports at the
  875  option of the local government.
  876         (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
  877  otherwise subject to the review requirements of this section
  878  shall be approved by a local government pursuant to s.
  879  163.3184(4) in lieu of proceeding in accordance with this
  880  section.
  881         Section 19. Subsections (2) and (3) of section 403.50663,
  882  Florida Statutes, are amended to read:
  883         403.50663 Informational public meetings.—
  884         (2) Informational public meetings shall be held solely at
  885  the option of each local government or regional planning council
  886  if a public meeting is not held by the local government. It is
  887  the legislative intent that local governments or regional
  888  planning councils attempt to hold such public meetings. Parties
  889  to the proceedings under this act shall be encouraged to attend;
  890  however, no party other than the applicant and the department
  891  shall be required to attend such informational public meetings.
  892         (3) A local government or regional planning council that
  893  intends to conduct an informational public meeting must provide
  894  notice of the meeting to all parties not less than 5 days prior
  895  to the meeting and to the general public in accordance with s.
  896  403.5115(5). The expense for such notice is eligible for
  897  reimbursement under s. 403.518(2)(c)1.
  898         Section 20. Paragraph (a) of subsection (2) of section
  899  403.507, Florida Statutes, is amended to read:
  900         403.507 Preliminary statements of issues, reports, project
  901  analyses, and studies.—
  902         (2)(a) No later than 100 days after the certification
  903  application has been determined complete, the following agencies
  904  shall prepare reports as provided below and shall submit them to
  905  the department and the applicant, unless a final order denying
  906  the determination of need has been issued under s. 403.519:
  907         1. The Department of Economic Opportunity shall prepare a
  908  report containing recommendations which address the impact upon
  909  the public of the proposed electrical power plant, based on the
  910  degree to which the electrical power plant is consistent with
  911  the applicable portions of the state comprehensive plan,
  912  emergency management, and other such matters within its
  913  jurisdiction. The Department of Economic Opportunity may also
  914  comment on the consistency of the proposed electrical power
  915  plant with applicable strategic regional policy plans or local
  916  comprehensive plans and land development regulations.
  917         2. The water management district shall prepare a report as
  918  to matters within its jurisdiction, including but not limited
  919  to, the impact of the proposed electrical power plant on water
  920  resources, regional water supply planning, and district-owned
  921  lands and works.
  922         3. Each local government in whose jurisdiction the proposed
  923  electrical power plant is to be located shall prepare a report
  924  as to the consistency of the proposed electrical power plant
  925  with all applicable local ordinances, regulations, standards, or
  926  criteria that apply to the proposed electrical power plant,
  927  including any applicable local environmental regulations adopted
  928  pursuant to s. 403.182 or by other means.
  929         4. The Fish and Wildlife Conservation Commission shall
  930  prepare a report as to matters within its jurisdiction.
  931         5. Each regional planning council shall prepare a report
  932  containing recommendations that address the impact upon the
  933  public of the proposed electrical power plant, based on the
  934  degree to which the electrical power plant is consistent with
  935  the applicable provisions of the strategic regional policy plan
  936  adopted pursuant to chapter 186 and other matters within its
  937  jurisdiction.
  938         5.6. The Department of Transportation shall address the
  939  impact of the proposed electrical power plant on matters within
  940  its jurisdiction.
  941         Section 21. Paragraph (a) of subsection (3) and paragraph
  942  (a) of subsection (4) of section 403.508, Florida Statutes, are
  943  amended to read:
  944         403.508 Land use and certification hearings, parties,
  945  participants.—
  946         (3)(a) Parties to the proceeding shall include:
  947         1. The applicant.
  948         2. The Public Service Commission.
  949         3. The Department of Economic Opportunity.
  950         4. The Fish and Wildlife Conservation Commission.
  951         5. The water management district.
  952         6. The department.
  953         7. The regional planning council.
  954         7.8. The local government.
  955         8.9. The Department of Transportation.
  956         (4)(a) The order of presentation at the certification
  957  hearing, unless otherwise changed by the administrative law
  958  judge to ensure the orderly presentation of witnesses and
  959  evidence, shall be:
  960         1. The applicant.
  961         2. The department.
  962         3. State agencies.
  963         4. Regional agencies, including regional planning councils
  964  and water management districts.
  965         5. Local governments.
  966         6. Other parties.
  967         Section 22. Subsection (5) of section 403.5115, Florida
  968  Statutes, is amended to read:
  969         403.5115 Public notice.—
  970         (5) A local government or regional planning council that
  971  proposes to conduct an informational public meeting pursuant to
  972  s. 403.50663 must publish notice of the meeting in a newspaper
  973  of general circulation within the county or counties in which
  974  the proposed electrical power plant will be located no later
  975  than 7 days prior to the meeting. A newspaper of general
  976  circulation shall be the newspaper that has the largest daily
  977  circulation in that county and has its principal office in that
  978  county. If the newspaper with the largest daily circulation has
  979  its principal office outside the county, the notices shall
  980  appear in both the newspaper having the largest circulation in
  981  that county and in a newspaper authorized to publish legal
  982  notices in that county.
  983         Section 23. Paragraph (a) of subsection (2) of section
  984  403.526, Florida Statutes, is amended to read:
  985         403.526 Preliminary statements of issues, reports, and
  986  project analyses; studies.—
  987         (2)(a) No later than 90 days after the filing of the
  988  application, the following agencies shall prepare reports as
  989  provided below, unless a final order denying the determination
  990  of need has been issued under s. 403.537:
  991         1. The department shall prepare a report as to the impact
  992  of each proposed transmission line or corridor as it relates to
  993  matters within its jurisdiction.
  994         2. Each water management district in the jurisdiction of
  995  which a proposed transmission line or corridor is to be located
  996  shall prepare a report as to the impact on water resources and
  997  other matters within its jurisdiction.
  998         3. The Department of Economic Opportunity shall prepare a
  999  report containing recommendations which address the impact upon
 1000  the public of the proposed transmission line or corridor, based
 1001  on the degree to which the proposed transmission line or
 1002  corridor is consistent with the applicable portions of the state
 1003  comprehensive plan, emergency management, and other matters
 1004  within its jurisdiction. The Department of Economic Opportunity
 1005  may also comment on the consistency of the proposed transmission
 1006  line or corridor with applicable strategic regional policy plans
 1007  or local comprehensive plans and land development regulations.
 1008         4. The Fish and Wildlife Conservation Commission shall
 1009  prepare a report as to the impact of each proposed transmission
 1010  line or corridor on fish and wildlife resources and other
 1011  matters within its jurisdiction.
 1012         5. Each local government shall prepare a report as to the
 1013  impact of each proposed transmission line or corridor on matters
 1014  within its jurisdiction, including the consistency of the
 1015  proposed transmission line or corridor with all applicable local
 1016  ordinances, regulations, standards, or criteria that apply to
 1017  the proposed transmission line or corridor, including local
 1018  comprehensive plans, zoning regulations, land development
 1019  regulations, and any applicable local environmental regulations
 1020  adopted pursuant to s. 403.182 or by other means. A change by
 1021  the responsible local government or local agency in local
 1022  comprehensive plans, zoning ordinances, or other regulations
 1023  made after the date required for the filing of the local
 1024  government’s report required by this section is not applicable
 1025  to the certification of the proposed transmission line or
 1026  corridor unless the certification is denied or the application
 1027  is withdrawn.
 1028         6. Each regional planning council shall present a report
 1029  containing recommendations that address the impact upon the
 1030  public of the proposed transmission line or corridor based on
 1031  the degree to which the transmission line or corridor is
 1032  consistent with the applicable provisions of the strategic
 1033  regional policy plan adopted under chapter 186 and other impacts
 1034  of each proposed transmission line or corridor on matters within
 1035  its jurisdiction.
 1036         6.7. The Department of Transportation shall prepare a
 1037  report as to the impact of the proposed transmission line or
 1038  corridor on state roads, railroads, airports, aeronautics,
 1039  seaports, and other matters within its jurisdiction.
 1040         7.8. The commission shall prepare a report containing its
 1041  determination under s. 403.537, and the report may include the
 1042  comments from the commission with respect to any other subject
 1043  within its jurisdiction.
 1044         8.9. Any other agency, if requested by the department,
 1045  shall also perform studies or prepare reports as to subjects
 1046  within the jurisdiction of the agency which may potentially be
 1047  affected by the proposed transmission line.
 1048         Section 24. Paragraph (a) of subsection (2) and paragraph
 1049  (a) of subsection (3) of section 403.527, Florida Statutes, are
 1050  amended to read:
 1051         403.527 Certification hearing, parties, participants.—
 1052         (2)(a) Parties to the proceeding shall be:
 1053         1. The applicant.
 1054         2. The department.
 1055         3. The commission.
 1056         4. The Department of Economic Opportunity.
 1057         5. The Fish and Wildlife Conservation Commission.
 1058         6. The Department of Transportation.
 1059         7. Each water management district in the jurisdiction of
 1060  which the proposed transmission line or corridor is to be
 1061  located.
 1062         8. The local government.
 1063         9. The regional planning council.
 1064         (3)(a) The order of presentation at the certification
 1065  hearing, unless otherwise changed by the administrative law
 1066  judge to ensure the orderly presentation of witnesses and
 1067  evidence, shall be:
 1068         1. The applicant.
 1069         2. The department.
 1070         3. State agencies.
 1071         4. Regional agencies, including regional planning councils
 1072  and water management districts.
 1073         5. Local governments.
 1074         6. Other parties.
 1075         Section 25. Subsections (2) and (3) of section 403.5272,
 1076  Florida Statutes, are amended to read:
 1077         403.5272 Informational public meetings.—
 1078         (2) Informational public meetings shall be held solely at
 1079  the option of each local government or regional planning
 1080  council. It is the legislative intent that local governments or
 1081  regional planning councils attempt to hold such public meetings.
 1082  Parties to the proceedings under this act shall be encouraged to
 1083  attend; however, a party other than the applicant and the
 1084  department is not required to attend the informational public
 1085  meetings.
 1086         (3) A local government or regional planning council that
 1087  intends to conduct an informational public meeting must provide
 1088  notice of the meeting, with notice sent to all parties listed in
 1089  s. 403.527(2)(a), not less than 15 days before the meeting and
 1090  to the general public in accordance with s. 403.5363(4).
 1091         Section 26. Subsection (4) of section 403.7264, Florida
 1092  Statutes, is amended to read:
 1093         403.7264 Amnesty days for purging small quantities of
 1094  hazardous wastes.—Amnesty days are authorized by the state for
 1095  the purpose of purging small quantities of hazardous waste, free
 1096  of charge, from the possession of homeowners, farmers, schools,
 1097  state agencies, and small businesses. These entities have no
 1098  appropriate economically feasible mechanism for disposing of
 1099  their hazardous wastes at the present time. In order to raise
 1100  public awareness on this issue, provide an educational process,
 1101  accommodate those entities which have a need to dispose of small
 1102  quantities of hazardous waste, and preserve the waters of the
 1103  state, amnesty days shall be carried out in the following
 1104  manner:
 1105         (4) Regional planning councils shall assist the department
 1106  in site selection, public awareness, and program coordination.
 1107  However, the department shall retain full responsibility for the
 1108  state amnesty days program.
 1109         Section 27. Paragraph (a) of subsection (2) of section
 1110  403.941, Florida Statutes, is amended to read:
 1111         403.941 Preliminary statements of issues, reports, and
 1112  studies.—
 1113         (2)(a) The affected agencies shall prepare reports as
 1114  provided in this paragraph and shall submit them to the
 1115  department and the applicant within 60 days after the
 1116  application is determined sufficient:
 1117         1. The department shall prepare a report as to the impact
 1118  of each proposed natural gas transmission pipeline or corridor
 1119  as it relates to matters within its jurisdiction.
 1120         2. Each water management district in the jurisdiction of
 1121  which a proposed natural gas transmission pipeline or corridor
 1122  is to be located shall prepare a report as to the impact on
 1123  water resources and other matters within its jurisdiction.
 1124         3. The Department of Economic Opportunity shall prepare a
 1125  report containing recommendations which address the impact upon
 1126  the public of the proposed natural gas transmission pipeline or
 1127  corridor, based on the degree to which the proposed natural gas
 1128  transmission pipeline or corridor is consistent with the
 1129  applicable portions of the state comprehensive plan and other
 1130  matters within its jurisdiction. The Department of Economic
 1131  Opportunity may also comment on the consistency of the proposed
 1132  natural gas transmission pipeline or corridor with applicable
 1133  strategic regional policy plans or local comprehensive plans and
 1134  land development regulations.
 1135         4. The Fish and Wildlife Conservation Commission shall
 1136  prepare a report as to the impact of each proposed natural gas
 1137  transmission pipeline or corridor on fish and wildlife resources
 1138  and other matters within its jurisdiction.
 1139         5. Each local government in which the natural gas
 1140  transmission pipeline or natural gas transmission pipeline
 1141  corridor will be located shall prepare a report as to the impact
 1142  of each proposed natural gas transmission pipeline or corridor
 1143  on matters within its jurisdiction, including the consistency of
 1144  the proposed natural gas transmission pipeline or corridor with
 1145  all applicable local ordinances, regulations, standards, or
 1146  criteria that apply to the proposed natural gas transmission
 1147  pipeline or corridor, including local comprehensive plans,
 1148  zoning regulations, land development regulations, and any
 1149  applicable local environmental regulations adopted pursuant to
 1150  s. 403.182 or by other means. No change by the responsible local
 1151  government or local agency in local comprehensive plans, zoning
 1152  ordinances, or other regulations made after the date required
 1153  for the filing of the local government’s report required by this
 1154  section shall be applicable to the certification of the proposed
 1155  natural gas transmission pipeline or corridor unless the
 1156  certification is denied or the application is withdrawn.
 1157         6. Each regional planning council in which the natural gas
 1158  transmission pipeline or natural gas transmission pipeline
 1159  corridor will be located shall present a report containing
 1160  recommendations that address the impact upon the public of the
 1161  proposed natural gas transmission pipeline or corridor, based on
 1162  the degree to which the natural gas transmission pipeline or
 1163  corridor is consistent with the applicable provisions of the
 1164  strategic regional policy plan adopted pursuant to chapter 186
 1165  and other impacts of each proposed natural gas transmission
 1166  pipeline or corridor on matters within its jurisdiction.
 1167         6.7. The Department of Transportation shall prepare a
 1168  report on the effect of the natural gas transmission pipeline or
 1169  natural gas transmission pipeline corridor on matters within its
 1170  jurisdiction, including roadway crossings by the pipeline. The
 1171  report shall contain at a minimum:
 1172         a. A report by the applicant to the department stating that
 1173  all requirements of the department’s utilities accommodation
 1174  guide have been or will be met in regard to the proposed
 1175  pipeline or pipeline corridor; and
 1176         b. A statement by the department as to the adequacy of the
 1177  report to the department by the applicant.
 1178         7.8. The Department of State, Division of Historical
 1179  Resources, shall prepare a report on the impact of the natural
 1180  gas transmission pipeline or natural gas transmission pipeline
 1181  corridor on matters within its jurisdiction.
 1182         8.9. The commission shall prepare a report addressing
 1183  matters within its jurisdiction. The commission’s report shall
 1184  include its determination of need issued pursuant to s.
 1185  403.9422.
 1186         Section 28. Paragraph (a) of subsection (4) and subsection
 1187  (6) of section 403.9411, Florida Statutes, are amended to read:
 1188         403.9411 Notice; proceedings; parties and participants.—
 1189         (4)(a) Parties to the proceeding shall be:
 1190         1. The applicant.
 1191         2. The department.
 1192         3. The commission.
 1193         4. The Department of Economic Opportunity.
 1194         5. The Fish and Wildlife Conservation Commission.
 1195         6. Each water management district in the jurisdiction of
 1196  which the proposed natural gas transmission pipeline or corridor
 1197  is to be located.
 1198         7. The local government.
 1199         8. The regional planning council.
 1200         8.9. The Department of Transportation.
 1201         9.10. The Department of State, Division of Historical
 1202  Resources.
 1203         (6) The order of presentation at the certification hearing,
 1204  unless otherwise changed by the administrative law judge to
 1205  ensure the orderly presentation of witnesses and evidence, shall
 1206  be:
 1207         (a) The applicant.
 1208         (b) The department.
 1209         (c) State agencies.
 1210         (d) Regional agencies, including regional planning councils
 1211  and water management districts.
 1212         (e) Local governments.
 1213         (f) Other parties.
 1214         Section 29. Subsection (6) of section 419.001, Florida
 1215  Statutes, is amended to read:
 1216         419.001 Site selection of community residential homes.—
 1217         (6) If agreed to by both the local government and the
 1218  sponsoring agency, a conflict may be resolved through informal
 1219  mediation. The local government shall arrange for the services
 1220  of an independent mediator or may utilize the dispute resolution
 1221  process established by a regional planning council pursuant to
 1222  s. 186.509. Mediation shall be concluded within 45 days of a
 1223  request therefor. The resolution of any issue through the
 1224  mediation process shall not alter any person’s right to a
 1225  judicial determination of any issue if that person is entitled
 1226  to such a determination under statutory or common law.
 1227         Section 30. Subsection (4) of section 985.682, Florida
 1228  Statutes, is amended to read:
 1229         985.682 Siting of facilities; criteria.—
 1230         (4) When the department requests such a modification and it
 1231  is denied by the local government, the local government or the
 1232  department shall initiate the dispute resolution process
 1233  established under s. 186.509 to reconcile differences on the
 1234  siting of correctional facilities between the department, local
 1235  governments, and private citizens. If the regional planning
 1236  council has not established a dispute resolution process
 1237  pursuant to s. 186.509, The department shall establish, by rule,
 1238  procedures for dispute resolution. The dispute resolution
 1239  process shall require the parties to commence meetings to
 1240  reconcile their differences. If the parties fail to resolve
 1241  their differences within 30 days after the denial, the parties
 1242  shall engage in voluntary mediation or similar process. If the
 1243  parties fail to resolve their differences by mediation within 60
 1244  days after the denial, or if no action is taken on the
 1245  department’s request within 90 days after the request, the
 1246  department must appeal the decision of the local government on
 1247  the requested modification of local plans, ordinances, or
 1248  regulations to the Governor and Cabinet. Any dispute resolution
 1249  process initiated under this section must conform to the time
 1250  limitations set forth herein. However, upon agreement of all
 1251  parties, the time limits may be extended, but in no event may
 1252  the dispute resolution process extend over 180 days.
 1253         Section 31. Subsection (3) of section 380.0666, Florida
 1254  Statutes, is amended to read:
 1255         380.0666 Powers of land authority.—The land authority shall
 1256  have all the powers necessary or convenient to carry out and
 1257  effectuate the purposes and provisions of this act, including
 1258  the following powers, which are in addition to all other powers
 1259  granted by other provisions of this act:
 1260         (3) To acquire and dispose of real and personal property or
 1261  any interest therein when such acquisition is necessary or
 1262  appropriate to protect the natural environment, provide public
 1263  access or public recreational facilities, preserve wildlife
 1264  habitat areas, provide affordable housing to families whose
 1265  income does not exceed 160 percent of the median family income
 1266  for the area, or provide access to management of acquired lands;
 1267  to acquire interests in land by means of land exchanges; to
 1268  contribute tourist impact tax revenues received pursuant to s.
 1269  125.0108 to its most populous municipality or the housing
 1270  authority of such municipality, at the request of the commission
 1271  or council of such municipality, for the construction,
 1272  redevelopment, or preservation of affordable housing in an area
 1273  of critical state concern within such municipality; and to enter
 1274  into all alternatives to the acquisition of fee interests in
 1275  land, including, but not limited to, the acquisition of
 1276  easements, development rights, life estates, leases, and
 1277  leaseback arrangements. However, the land authority shall make
 1278  such acquisition or contribution only if:
 1279         (a) Such acquisition or contribution is consistent with
 1280  land development regulations and local comprehensive plans
 1281  adopted and approved pursuant to this chapter;
 1282         (b) The property acquired is within an area designated as
 1283  an area of critical state concern at the time of acquisition or
 1284  is within an area that was designated as an area of critical
 1285  state concern for at least 20 consecutive years prior to removal
 1286  of the designation; and
 1287         (c) The property to be acquired has not been selected for
 1288  purchase through another local, regional, state, or federal
 1289  public land acquisition program. Such restriction shall not
 1290  apply if the land authority cooperates with the other public
 1291  land acquisition programs which listed the lands for
 1292  acquisition, to coordinate the acquisition and disposition of
 1293  such lands. In such cases, the land authority may enter into
 1294  contractual or other agreements to acquire lands jointly or for
 1295  eventual resale to other public land acquisition programs.
 1296         Section 32. Paragraph (a) of subsection (3) of section
 1297  125.0108, Florida Statutes, is amended to read:
 1298         125.0108 Areas of critical state concern; tourist impact
 1299  tax.—
 1300         (3) All tax revenues received pursuant to this section,
 1301  less administrative costs, shall be distributed as follows:
 1302         (a) Fifty percent shall be transferred to the land
 1303  authority to be used in accordance with s. 380.0666 to purchase
 1304  property in the area of critical state concern for which the
 1305  revenue is generated. An amount not to exceed 5 percent may be
 1306  used for administration and other costs incident to the exercise
 1307  of said powers such purchases.
 1308         Section 33. This act shall take effect upon becoming a law.