Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 62
       
       
       
       
       
       
                                Ì282946IÎ282946                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/27/2021           .                                
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       The Committee on Community Affairs (Bradley) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 157 - 471
    4  and insert:
    5  division must give funding priority to projects in regional
    6  planning council regions, as such regions existed on January 1,
    7  2021, that have shelter deficits and to projects that maximize
    8  the use of state funds.
    9         Section 5. Paragraph (b) of subsection (2) and subsection
   10  (3) of section 252.385, Florida Statutes, are amended to read:
   11         252.385 Public shelter space.—
   12         (2)
   13         (b) By January 31 of each even-numbered year, the division
   14  shall prepare and submit a statewide emergency shelter plan to
   15  the Governor and Cabinet for approval, subject to the
   16  requirements for approval in s. 1013.37(2). The plan shall
   17  identify the general location and square footage of special
   18  needs shelters, by regional planning council region, as such
   19  regions existed on January 1, 2021, during the next 5 years. The
   20  plan shall also include information on the availability of
   21  shelters that accept pets. The Department of Health shall assist
   22  the division in determining the estimated need for special needs
   23  shelter space and the adequacy of facilities to meet the needs
   24  of persons with special needs based on information from the
   25  registries of persons with special needs and other information.
   26         (3) The division shall annually provide to the President of
   27  the Senate, the Speaker of the House of Representatives, and the
   28  Governor a list of facilities recommended to be retrofitted
   29  using state funds. State funds should be maximized and targeted
   30  to regional planning council regions, as such regions existed on
   31  January 1, 2021, with hurricane evacuation shelter deficits.
   32  Retrofitting facilities in regions with public hurricane
   33  evacuation shelter deficits shall be given first priority and
   34  should be completed by 2003. All recommended facilities should
   35  be retrofitted by 2008. The owner or lessee of a public
   36  hurricane evacuation shelter that is included on the list of
   37  facilities recommended for retrofitting is not required to
   38  perform any recommended improvements.
   39         Section 6. Paragraph (b) of subsection (26) of section
   40  320.08058, Florida Statutes, is amended to read:
   41         320.08058 Specialty license plates.—
   42         (26) TAMPA BAY ESTUARY LICENSE PLATES.—
   43         (b) The annual use fees shall be distributed to the Tampa
   44  Bay Estuary Program created by s. 163.01.
   45         1. A maximum of 5 percent of such fees may be used for
   46  marketing the plate.
   47         2. Twenty percent of the proceeds from the annual use fee,
   48  not to exceed $50,000, shall be provided to the Tampa Bay
   49  Regional Planning Council for activities of the Agency on Bay
   50  Management implementing the Council/Agency Action Plan for the
   51  restoration of the Tampa Bay estuary, as approved by the Tampa
   52  Bay Estuary Program Policy Board.
   53         3. The remaining proceeds must be used to implement the
   54  Comprehensive Conservation and Management Plan for Tampa Bay,
   55  pursuant to priorities approved by the Tampa Bay Estuary Program
   56  Policy Board.
   57         Section 7. Subsection (3) of section 369.307, Florida
   58  Statutes, is amended to read:
   59         369.307 Developments of regional impact in the Wekiva River
   60  Protection Area; land acquisition.—
   61         (3) The Wekiva River Protection Area is hereby declared to
   62  be a natural resource of state and regional importance. The St.
   63  Johns River Water Management District East Central Florida
   64  Regional Planning Council shall adopt policies that as part of
   65  its strategic regional policy plan and regional issues list
   66  which will protect the water quantity, water quality, hydrology,
   67  wetlands, aquatic and wetland-dependent wildlife species,
   68  habitat of species designated pursuant to rules 39-27.003, 39
   69  27.004, and 39-27.005, Florida Administrative Code, and native
   70  vegetation in the Wekiva River Protection Area. The water
   71  management district council shall also cooperate with the
   72  department in the department’s implementation of the provisions
   73  of s. 369.305.
   74         Section 8. Subsections (1) and (4) of section 369.324,
   75  Florida Statutes, are amended to read:
   76         369.324 Wekiva River Basin Commission.—
   77         (1) The Wekiva River Basin Commission is created to monitor
   78  and ensure the implementation of the recommendations of the
   79  Wekiva River Basin Coordinating Committee for the Wekiva Study
   80  Area. The St. Johns River Water Management District East Central
   81  Florida Regional Planning Council shall provide staff support to
   82  the commission with funding assistance from the Department of
   83  Economic Opportunity. The commission shall be comprised of a
   84  total of 18 members appointed by the Governor, 9 of whom shall
   85  be voting members and 9 shall be ad hoc nonvoting members. The
   86  voting members shall include:
   87         (a) One member of each of the Boards of County
   88  Commissioners for Lake, Orange, and Seminole Counties.
   89         (b) One municipal elected official to serve as a
   90  representative of the municipalities located within the Wekiva
   91  Study Area of Lake County.
   92         (c) One municipal elected official to serve as a
   93  representative of the municipalities located within the Wekiva
   94  Study Area of Orange County.
   95         (d) One municipal elected official to serve as a
   96  representative of the municipalities located within the Wekiva
   97  Study Area of Seminole County.
   98         (e) One citizen representing an environmental or
   99  conservation organization, one citizen representing a local
  100  property owner, a land developer, or an agricultural entity, and
  101  one at-large citizen who shall serve as chair of the council.
  102         (f) The ad hoc nonvoting members shall include one
  103  representative from each of the following entities:
  104         1. St. Johns River Management District.
  105         2. Department of Economic Opportunity.
  106         3. Department of Environmental Protection.
  107         4. Department of Health.
  108         5. Department of Agriculture and Consumer Services.
  109         6. Fish and Wildlife Conservation Commission.
  110         7. Department of Transportation.
  111         8. MetroPlan Orlando.
  112         9. Central Florida Expressway Authority.
  113         (4) To assist the commission in its mission, the St. Johns
  114  River Water Management District East Central Florida Regional
  115  Planning Council, in coordination with the applicable regional
  116  and state agencies, shall serve as a clearinghouse of baseline
  117  or specialized studies through modeling and simulation,
  118  including collecting and disseminating data on the demographics,
  119  economics, and the environment of the Wekiva Study Area
  120  including the changing conditions of the Wekiva River surface
  121  and groundwater basin and associated influence on the Wekiva
  122  River and the Wekiva Springs.
  123         Section 9. Subsections (3), (4), (7), (8), and (12) of
  124  section 380.05, Florida Statutes, are amended to read:
  125         380.05 Areas of critical state concern.—
  126         (3) Each local government regional planning agency may
  127  recommend to the state land planning agency from time to time
  128  areas wholly or partially within its jurisdiction that meet the
  129  criteria for areas of critical state concern as defined in this
  130  section. Each regional planning agency shall solicit from the
  131  local governments within its jurisdiction suggestions as to
  132  areas to be recommended. A local government in an area where
  133  there is no regional planning agency may recommend to the state
  134  land planning agency from time to time areas wholly or partially
  135  within its jurisdiction that meet the criteria for areas of
  136  critical state concern as defined in this section. If the state
  137  land planning agency does not recommend to the commission as an
  138  area of critical state concern an area substantially similar to
  139  one that has been recommended, it shall respond in writing as to
  140  its reasons therefor.
  141         (4) Before Prior to submitting any recommendation to the
  142  commission under subsection (1), the state land planning agency
  143  shall give notice to any committee appointed pursuant to s.
  144  380.045 and to all local governments and regional planning
  145  agencies that include within their boundaries any part of any
  146  area of critical state concern proposed to be designated by the
  147  rule, in addition to any notice otherwise required under chapter
  148  120.
  149         (7) The state land planning agency and any applicable
  150  regional planning agency shall, to the greatest extent possible,
  151  provide technical assistance to local governments in the
  152  preparation of the land development regulations and local
  153  comprehensive plan for areas of critical state concern.
  154         (8) If any local government fails to submit land
  155  development regulations or a local comprehensive plan, or if the
  156  regulations or plan or plan amendment submitted do not comply
  157  with the principles for guiding development set out in the rule
  158  designating the area of critical state concern, within 120 days
  159  after the adoption of the rule designating an area of critical
  160  state concern, or within 120 days after the issuance of a
  161  recommended order on the compliance of the plan or plan
  162  amendment pursuant to s. 163.3184, or within 120 days after the
  163  effective date of an order rejecting a proposed land development
  164  regulation, the state land planning agency shall submit to the
  165  commission recommended land development regulations and a local
  166  comprehensive plan or portions thereof applicable to that local
  167  government’s portion of the area of critical state concern.
  168  Within 45 days following receipt of the recommendation from the
  169  agency, the commission shall either reject the recommendation as
  170  tendered or adopt the recommendation with or without
  171  modification, and by rule establish land development regulations
  172  and a local comprehensive plan applicable to that local
  173  government’s portion of the area of critical state concern.
  174  However, such rule shall not become effective before prior to
  175  legislative review of an area of critical state concern pursuant
  176  to paragraph (1)(c). In the rule, the commission shall specify
  177  the extent to which its land development regulations, plans, or
  178  plan amendments will supersede, or will be supplementary to,
  179  local land development regulations and plans. Notice of any
  180  proposed rule issued under this section shall be given to all
  181  local governments and regional planning agencies in the area of
  182  critical state concern, in addition to any other notice required
  183  under chapter 120. The land development regulations and local
  184  comprehensive plan adopted by the commission under this section
  185  may include any type of regulation and plan that could have been
  186  adopted by the local government. Any land development
  187  regulations or local comprehensive plan or plan amendments
  188  adopted by the commission under this section shall be
  189  administered by the local government as part of, or in the
  190  absence of, the local land development regulations and local
  191  comprehensive plan.
  192         (12) Upon the request of a substantially interested person
  193  pursuant to s. 120.54(7), a local government or regional
  194  planning agency within the designated area, or the state land
  195  planning agency, the commission may by rule remove, contract, or
  196  expand any designated boundary. Boundary expansions are subject
  197  to legislative review pursuant to paragraph (1)(c). No boundary
  198  may be modified without a specific finding by the commission
  199  that such changes are consistent with necessary resource
  200  protection. The total boundaries of an entire area of critical
  201  state concern shall not be removed by the commission unless a
  202  minimum time of 1 year has elapsed from the adoption of
  203  regulations and a local comprehensive plan pursuant to
  204  subsection (1), subsection (6), subsection (8), or subsection
  205  (10). Before totally removing such boundaries, the commission
  206  shall make findings that the regulations and plans adopted
  207  pursuant to subsection (1), subsection (6), subsection (8), or
  208  subsection (10) are being effectively implemented by local
  209  governments within the area of critical state concern to protect
  210  the area and that adopted local government comprehensive plans
  211  within the area have been conformed to principles for guiding
  212  development for the area.
  213         Section 10. Subsections (3) and (6) of section 403.7225,
  214  Florida Statutes, are amended to read:
  215         403.7225 Local hazardous waste management assessments.—
  216         (3) Each county or regional planning council shall
  217  coordinate the local hazardous waste management assessments
  218  within its jurisdiction according to guidelines established
  219  under s. 403.7226. If a county declines to perform the local
  220  hazardous waste management assessment, the county shall make
  221  arrangements with the department its regional planning council
  222  to perform the assessment.
  223         (6) Unless performed by the county pursuant to subsection
  224  (3), the department the regional planning councils shall upon
  225  successful arrangements with a county:
  226         (a) Perform local hazardous waste management assessments;
  227  and
  228         (b) Provide any technical expertise needed by the counties
  229  in developing the assessments.
  230         Section 11. Subsection (2) of section 403.723, Florida
  231  Statutes, is amended to read:
  232         403.723 Siting of hazardous waste facilities.—It is the
  233  intent of the Legislature to facilitate siting of proper
  234  hazardous waste storage facilities in each region and any
  235  additional storage, treatment, or disposal facilities as
  236  required. The Legislature recognizes the need for facilitating
  237  disposal of waste produced by small generators, reducing the
  238  volume of wastes generated in the state, reducing the toxicity
  239  of wastes generated in the state, and providing treatment and
  240  disposal facilities in the state.
  241         (2) After each county designates areas for storage
  242  facilities, the department each regional planning council shall
  243  designate one or more sites at which a regional hazardous waste
  244  storage or treatment facility could be constructed.
  245         Section 12. Subsections (1) and (2) of section 1013.372,
  246  Florida Statutes, are amended to read:
  247         1013.372 Education facilities as emergency shelters.—
  248         (1) The Department of Education shall, in consultation with
  249  boards and county and state emergency management offices,
  250  include within the standards to be developed under this
  251  subsection public shelter design criteria to be incorporated
  252  into the Florida Building Code. The new criteria must be
  253  designed to ensure that appropriate new educational facilities
  254  can serve as public shelters for emergency management purposes.
  255  A facility, or an appropriate area within a facility, for which
  256  a design contract is entered into after the effective date of
  257  the inclusion of the public shelter criteria in the code must be
  258  built in compliance with the amended code unless the facility or
  259  a part of it is exempted from using the new shelter criteria due
  260  to its location, size, or other characteristics by the
  261  applicable board with the concurrence of the applicable local
  262  emergency management agency or the Division of Emergency
  263  Management. Any educational facility located or proposed to be
  264  located in an identified category 1, 2, or 3 evacuation zone is
  265  not subject to the requirements of this subsection. If the
  266  regional planning council region in which the county is located,
  267  as such region existed on January 1, 2021, does not have a
  268  hurricane evacuation shelter deficit, as determined by the
  269  Division of Emergency Management, educational facilities within
  270  the planning council region are not required to incorporate the
  271  public shelter criteria.
  272         (2) By January 31 of each even-numbered year, the Division
  273  of Emergency Management shall prepare and submit a statewide
  274  emergency shelter plan to the Governor and the Cabinet for
  275  approval. The plan must identify the general location and square
  276  footage of existing shelters, by regional planning council
  277  region, as such regions existed on January 1, 2021, and the
  278  general location and square footage of needed shelters, by
  279  regional planning council region, as such regions existed on
  280  January 1, 2021, during the next 5 years. The plan must identify
  281  the types of public facilities that should be constructed to
  282  comply with emergency-shelter criteria and must recommend an
  283  appropriate and available source of funding for the additional
  284  cost of constructing emergency shelters within these public
  285  facilities. After the approval of the plan, a board may not be
  286  required to build more emergency-shelter space than identified
  287  as needed in the plan, and decisions pertaining to exemptions
  288  pursuant to subsection (1) must be guided by the plan.
  289         Section 13. Paragraph (e) of subsection (2) of section
  290  1013.385, Florida Statutes, is amended to read:
  291         1013.385 School district construction flexibility.—
  292         (2) A resolution adopted under this section may propose
  293  implementation of exceptions to requirements of the uniform
  294  statewide building code for the planning and construction of
  295  public educational and ancillary plants adopted pursuant to ss.
  296  553.73 and 1013.37 relating to:
  297         (e) Any other provisions that limit the ability of a school
  298  to operate in a facility on the same basis as a charter school
  299  pursuant to s. 1002.33(18) so long as the county regional
  300  planning council determines that there is sufficient shelter
  301  capacity within the school district as documented in the
  302  Statewide Emergency Shelter Plan.
  303         Section 14. Subsection (4) of section 1013.74, Florida
  304  Statutes, is amended to read:
  305         1013.74 University authorization for fixed capital outlay
  306  projects.—
  307         (4) The university board of trustees shall, in consultation
  308  with local and state emergency management agencies, assess
  309  existing facilities to identify the extent to which each campus
  310  has public hurricane evacuation shelter space. The board shall
  311  submit to the Governor and the Legislature by August 1 of each
  312  year a 5-year capital improvements program that identifies new
  313  or retrofitted facilities that will incorporate enhanced
  314  hurricane resistance standards and that can be used as public
  315  hurricane evacuation shelters. Enhanced hurricane resistance
  316  standards include fixed passive protection for window and door
  317  applications to provide mitigation protection, security
  318  protection with egress, and energy efficiencies that meet
  319  standards required in the 130-mile-per-hour wind zone areas. The
  320  board must also submit proposed facility retrofit projects to
  321  the Division of Emergency Management for assessment and
  322  inclusion in the annual report prepared in accordance with s.
  323  252.385(3). Until a regional planning council region, as such
  324  region existed on January 1, 2021, in
  325  
  326  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  327  And the directory clause is amended as follows:
  328         Delete lines 1145 - 1146
  329  and insert:
  330  335.188, Florida Statutes, is amended to read:
  331  
  332  ================= T I T L E  A M E N D M E N T ================
  333  And the title is amended as follows:
  334         Delete lines 26 - 73
  335  and insert:
  336         projects in regional planning council regions, as such
  337         regions existed on January 1, 2021, that meet
  338         specified criteria; amending s. 252.385, F.S.;
  339         revising the requirements for the statewide emergency
  340         shelter plan to include the general location and
  341         square footage of special needs shelters by regional
  342         planning council region, as such regions existed on
  343         January 1, 2021; requiring state funds to be maximized
  344         and targeted to regional planning council regions, as
  345         such regions existed on January 1, 2021; amending s.
  346         320.08058, F.S.; revising the distribution of annual
  347         use fees collected for the Tampa Bay Estuary license
  348         plate; amending s. 369.307, F.S.; requiring the St.
  349         Johns River Water Management District, rather than the
  350         East Central Florida Regional Planning Council, to
  351         adopt policies to protect the Wekiva River Protection
  352         Area; revising requirements for such policies;
  353         amending s. 369.324, F.S.; requiring the St. Johns
  354         River Water Management District, rather than the East
  355         Central Florida Regional Planning Council, to provide
  356         staff support to the Wekiva River Basin Commission;
  357         requiring the district to serve as a clearinghouse of
  358         baseline or specialized studies; amending s. 380.05,
  359         F.S.; authorizing local governments to recommend areas
  360         of critical state concern to the state land planning
  361         agency; amending s. 403.7225, F.S.; requiring counties
  362         to make arrangements with the Department of
  363         Environmental Protection, rather than their regional
  364         planning councils, to perform hazardous waste
  365         management assessments; amending s. 403.723, F.S.;
  366         requiring the department, rather than regional
  367         planning councils, to designate sites for construction
  368         of regional hazardous waste storage or treatment
  369         facilities; amending s. 1013.372, F.S.; providing that
  370         if a regional planning council region, as such region
  371         existed on January 1, 2021, does not have a hurricane
  372         evacuation shelter deficit, educational facilities
  373         within the region are not required to incorporate the
  374         public shelter criteria; requiring the statewide
  375         emergency shelter plan to identify the general
  376         location and square footage of existing and needed
  377         shelters by regional planning council region, as such
  378         regions existed on January 1, 2021; amending s.
  379         1013.385, F.S.; authorizing counties, rather than
  380         regional planning councils, to determine whether there
  381         is sufficient shelter capacity in a school district;
  382         amending s. 1013.74, F.S.; requiring public hurricane
  383         evacuation shelters in certain regional planning
  384         council regions, as such regions existed on January 1,
  385         2021, to be constructed in accordance with public