September 19, 2020
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_h1577__
HB 1577

1
A bill to be entitled
2An act relating to local government comprehensive plans;
3amending s. 163.3177, F.S.; authorizing certain
4municipalities to apply to the state land planning agency
5for a waiver from certain capital improvements element and
6schedule update requirements and certain comprehensive
7plan amendment prohibitions under certain circumstances;
8specifying waiver criteria; requiring the agency to grant
9the waiver under certain circumstances; authorizing
10certain municipalities to apply to the state land planning
11agency for a waiver of certain water supply element
12requirements for future land use principles and
13guidelines; requiring the agency to grant the waiver under
14certain circumstances; amending s. 163.3191, F.S.;
15authorizing certain municipalities to apply to the state
16land planning agency for a waiver of certain comprehensive
17plan evaluation and appraisal requirements; specifying
18waiver criteria; requiring the agency to grant the waiver
19under certain circumstances; amending s. 218.39, F.S.;
20revising a municipal revenue criterion relating to annual
21financial audit requirements; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Paragraph (g) is added to subsection (3) of
26section 163.3177, Florida Statutes, and paragraph (c) of
27subsection (6) of that section is amended, to read:
28     163.3177  Required and optional elements of comprehensive
29plan; studies and surveys.-
30     (3)
31     (g)1.  A municipality may apply to the state land planning
32agency for a waiver of the update requirements to the existing
33capital improvements element and schedule under paragraph (b)
34and a waiver of the comprehensive plan amendment prohibition and
35the provisions of subparagraph (b)2. and paragraph (c) if:
36     a.  The municipality has:
37     (I)  An annual budget of less than $250,000.
38     (II)  Vacant property, if any, that does not exceed 20
39percent of the total land area of the municipality or a total of
4025 acres, whichever is less.
41     (III)  No annexation activity.
42     (IV)  No development in the jurisdiction that is new since
43the last update of the capital improvements element and
44schedule.
45     (V)  No scheduled capital improvements.
46     (VI)  No change to its comprehensive plan since the last
47review of the capital improvements element.
48     b.  The municipality recognizes and acklowledges in the
49application that any future amendments to the comprehensive plan
50will require determination of any needed capital improvements.
51     2.  If an elibible municipality applies for the waivers,
52the state land planning agency shall grant the waivers upon a
53finding by the agency that the municipality complies with
54subparagraph 1.
55     (6)  In addition to the requirements of subsections (1)-(5)
56and (12), the comprehensive plan shall include the following
57elements:
58     (c)1.  A general sanitary sewer, solid waste, drainage,
59potable water, and natural groundwater aquifer recharge element
60correlated to principles and guidelines for future land use,
61indicating ways to provide for future potable water, drainage,
62sanitary sewer, solid waste, and aquifer recharge protection
63requirements for the area. The element may be a detailed
64engineering plan including a topographic map depicting areas of
65prime groundwater recharge. The element shall describe the
66problems and needs and the general facilities that will be
67required for solution of the problems and needs. The element
68shall also include a topographic map depicting any areas adopted
69by a regional water management district as prime groundwater
70recharge areas for the Floridan or Biscayne aquifers. These
71areas shall be given special consideration when the local
72government is engaged in zoning or considering future land use
73for said designated areas. For areas served by septic tanks,
74soil surveys shall be provided which indicate the suitability of
75soils for septic tanks. Within 18 months after the governing
76board approves an updated regional water supply plan, the
77element must incorporate the alternative water supply project or
78projects selected by the local government from those identified
79in the regional water supply plan pursuant to s. 373.0361(2)(a)
80or proposed by the local government under s. 373.0361(8)(b). If
81a local government is located within two water management
82districts, the local government shall adopt its comprehensive
83plan amendment within 18 months after the later updated regional
84water supply plan. The element must identify such alternative
85water supply projects and traditional water supply projects and
86conservation and reuse necessary to meet the water needs
87identified in s. 373.0361(2)(a) within the local government's
88jurisdiction and include a work plan, covering at least a 10
89year planning period, for building public, private, and regional
90water supply facilities, including development of alternative
91water supplies, which are identified in the element as necessary
92to serve existing and new development. The work plan shall be
93updated, at a minimum, every 5 years within 18 months after the
94governing board of a water management district approves an
95updated regional water supply plan. Amendments to incorporate
96the work plan do not count toward the limitation on the
97frequency of adoption of amendments to the comprehensive plan.
98Local governments, public and private utilities, regional water
99supply authorities, special districts, and water management
100districts are encouraged to cooperatively plan for the
101development of multijurisdictional water supply facilities that
102are sufficient to meet projected demands for established
103planning periods, including the development of alternative water
104sources to supplement traditional sources of groundwater and
105surface water supplies.
106     2.a.  A municipality may apply to the state land planning
107agency for a waiver from the requirements of this paragraph
108applicable to amendments to update the regional water supply
109plan if the municipality meets all of the following criteria for
110having no significant impact:
111     (I)  The municipality has:
112     (A)  An annual budget of less than $250,000.
113     (B)  Vacant property, if any, that does not exceed 20
114percent of the total land area of the municipality or a total of
11525 acres, whichever is less.
116     (C)  No annexation activity.
117     (D)  No new development in the jurisdiction that is new
118since the last update of the capital improvements element and
119schedule.
120     (E)  No change to its comprehensive plan since the last
121review of the capital improvements element.
122     (II)  The municipality recognizes and acklowledges in the
123application that any future amendments to the comprehensive plan
124will require determination of any impacts to water supply
125availability and may require amendments to this element as well.
126     b.  If an eligible miunicipality applies for a waiver, the
127state land planning agency shall grant the waiver upon a finding
128by the agency that the municipality complies with sub-
129subparagraph a.
130     Section 2.  Subsection (15) is added to section 163.3191,
131Florida Statutes, to read:
132     163.3191  Evaluation and appraisal of comprehensive plan.-
133     (15)(a)  A municipality may apply to the state land
134planning agency for a waiver of the requirements of this section
135and the scoping meeting requirement as provided by subsection
136(3) if:
137     1.  The municipality has:
138     a.  An annual budget of less than $250,000.
139     b.  Vacant property, if any, that does not exceed 20
140percent of the total land area of the municipality or a total of
14125 acres, whichever is less.
142     c.  No annexation activity.
143     d.  No development in the jurisdiction that is new since
144the last update of the capital improvements element and
145schedule.
146     e.  No change to its comprehensive plan since the last
147review of the capital improvements element.
148     2.  The municipality recognizes and acklowledges in the
149application that any future amendments to the comprehensive plan
150will require a comprehensive update of the plan to reflect
151appropriate planning periods in the future.
152     (b)  If an eligible municipality applies for a waiver, the
153state land planning agency shall grant the waiver upon a finding
154by the agency that the municipality complies with paragraph (a).
155     Section 3.  Paragraph (g) of subsection (1) of section
156218.39, Florida Statutes, is amended to read:
157     218.39  Annual financial audit reports.-
158     (1)  If, by the first day in any fiscal year, a local
159governmental entity, district school board, charter school, or
160charter technical career center has not been notified that a
161financial audit for that fiscal year will be performed by the
162Auditor General, each of the following entities shall have an
163annual financial audit of its accounts and records completed
164within 12 months after the end of its fiscal year by an
165independent certified public accountant retained by it and paid
166from its public funds:
167     (g)  Each municipality with revenues or the total of
168expenditures and expenses of less than between $100,000 and
169$250,000 that has not been subject to a financial audit pursuant
170to this subsection for the 4 2 preceding fiscal years.
171     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.
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