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Senate Bill 2188

Senate Bill sb2188c1

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    Florida Senate - 2004                           CS for SB 2188

    By the Committee on Comprehensive Planning





    316-2289-04

  1                      A bill to be entitled

  2         An act relating to land development; amending

  3         s. 197.502, F.S.; providing for the issuance of

  4         an escheatment tax deed that is free and clear

  5         of any tax certificates, accrued taxes, and

  6         liens of any nature for certain properties;

  7         providing immunity for a county from

  8         environmental liability for certain properties

  9         that escheat to the county; providing for a

10         written agreement between a county and the

11         Department of Environmental Protection which

12         addresses any investigative and remedial acts

13         necessary for certain properties; providing

14         legislative findings with respect to the

15         shortage of affordable rentals in the state;

16         providing a statement of important public

17         purpose; providing definitions; authorizing

18         local governments to permit accessory dwelling

19         units in areas zoned for single-family

20         residential use based upon certain findings;

21         providing for certain accessory dwelling units

22         to apply towards satisfying the affordable

23         housing component of the housing element in a

24         local government's comprehensive plan;

25         requiring the Department of Community Affairs

26         to report to the Legislature; amending s.

27         163.3167, F.S.; requiring a local government to

28         address certain water supply projects in its

29         comprehensive plan; amending s. 163.3177, F.S.;

30         providing that rural land stewardship area

31         designation should be specifically encouraged

                                  1

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    Florida Senate - 2004                           CS for SB 2188
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 1         as an overlay on the future land use map;

 2         extending the deadline for certain information

 3         to be included in a comprehensive plan;

 4         requiring a work plan to be updated at certain

 5         intervals; providing legislative findings

 6         regarding mixed-use, high-density urban infill

 7         and redevelopment projects; requiring the

 8         Department of Community Affairs to provide

 9         technical assistance to local governments,

10         including a model ordinance; providing

11         legislative findings regarding a program for

12         the transfer of development rights and urban

13         infill and redevelopment; requiring the

14         Department of Community Affairs to provide

15         technical assistance to local governments,

16         including a model ordinance; requiring the

17         Department of Community Affairs, the Department

18         of Environmental Protection, water management

19         districts, and regional planning councils to

20         provide assistance to local governments in

21         implementing provisions relating to rural land

22         stewardship areas; providing for multicounty

23         rural land stewardship areas; deleting acreage

24         thresholds for rural land stewardship areas;

25         providing that transferable rural land use

26         credits may be assigned at different ratios

27         according to the natural resource or other

28         beneficial use characteristics of the land;

29         amending s. 163.3187, F.S.; providing an

30         exception to the limitation on the frequency of

31         plan amendments; amending s. 288.107, F.S.;

                                  2

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1         reducing the number of jobs that must be

 2         created for participation in the brownfield

 3         redevelopment bonus refund; amending s. 376.86,

 4         F.S.; increasing the percentage of a primary

 5         lender loan to which the limited state loan

 6         guaranty applies for redevelopment projects in

 7         brownfield areas; providing an effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Subsection (8) of section 197.502, Florida

12  Statutes, is amended to read:

13         197.502  Application for obtaining tax deed by holder

14  of tax sale certificate; fees.--

15         (8)  Taxes shall not be extended against parcels listed

16  as lands available for taxes, but in each year the taxes that

17  would have been due shall be treated as omitted years and

18  added to the required minimum bid. Three years after from the

19  day the land was offered for public sale, the land shall

20  escheat to the county in which it is located, free and clear.

21  All tax certificates, accrued taxes, and liens of any nature

22  against the property shall be deemed canceled as a matter of

23  law and of no further legal force and effect, and the clerk

24  shall execute an escheatment a tax deed vesting title in the

25  board of county commissioners of the county in which the land

26  it is located.

27         (a)  When a property escheats to the county under this

28  subsection, the county is not subject to any liability imposed

29  by chapter 376 or chapter 403 for preexisting soil or

30  groundwater contamination due solely to its ownership.

31  However, this subsection does not affect the rights or

                                  3

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    Florida Senate - 2004                           CS for SB 2188
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 1  liabilities of any past or future owners of the escheated

 2  property and does not affect the liability of any governmental

 3  entity for the results of its actions that create or

 4  exacerbate a pollution source.

 5         (b)  The county and the Department of Environmental

 6  Protection may enter into a written agreement for the

 7  performance, funding, and reimbursement of the investigative

 8  and remedial acts necessary for a property that escheats to

 9  the county.

10         Section 2.  Accessory dwelling units.--

11         (1)  The Legislature finds that the median price of

12  homes in this state has increased steadily over the last

13  decade and at a greater rate of increase than the median

14  income in many urban areas. The Legislature finds that the

15  cost of rental housing has also increased steadily and the

16  cost often exceeds an amount that is affordable to

17  very-low-income, low-income, or moderate-income persons and

18  has resulted in a critical shortage of affordable rentals in

19  many urban areas in the state. This shortage of affordable

20  rentals constitutes a threat to the health, safety, and

21  welfare of the residents of the state. Therefore, the

22  Legislature finds that it serves an important public purpose

23  to encourage the permitting of accessory dwelling units in

24  single-family residential areas in order to increase the

25  availability of affordable rentals for very-low-income,

26  low-income, or moderate-income persons.

27         (2)  As used in this section, the term:

28         (a)  "Accessory dwelling unit" means an ancillary or

29  secondary living unit, that has a separate kitchen, bathroom,

30  and sleeping area, existing either within the same structure,

31  or on the same lot, as the primary dwelling unit.

                                  4

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    Florida Senate - 2004                           CS for SB 2188
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 1         (b)  "Affordable rental" means that monthly rent and

 2  utilities do not exceed 30 percent of that amount which

 3  represents the percentage of the median adjusted gross annual

 4  income for very-low-income, low-income, or moderate-income

 5  persons.

 6         (c)  "Local government" means a county or municipality.

 7         (d)  "Low-income persons" has the same meaning as in

 8  section 420.0004(9), Florida Statutes.

 9         (e)  "Moderate-income persons" has the same meaning as

10  in section 420.0004(10), Florida Statutes.

11         (f)  "Very-low-income persons" has the same meaning as

12  in section 420.0004(14), Florida Statutes.

13         (3)  Upon a finding by a local government that there is

14  a shortage of affordable rentals within its jurisdiction, the

15  local government may adopt an ordinance to allow accessory

16  dwelling units in any area zoned for single-family residential

17  use.

18         (4)  If the local government adopts an ordinance under

19  this section, an application for a building permit to

20  construct an accessory dwelling unit must include an affidavit

21  from the applicant which attests that the unit will be rented

22  at an affordable rate to a very-low-income, low-income, or

23  moderate-income person or persons.

24         (5)  Each accessory dwelling unit allowed by an

25  ordinance adopted under this section shall apply towards

26  satisfying the affordable housing component of the housing

27  element in the local government's comprehensive plan under

28  section 163.3177(6)(f), Florida Statutes.

29         (6)  The Department of Community Affairs shall evaluate

30  the effectiveness of using accessory dwelling units to address

31  a local government's shortage of affordable housing and report

                                  5

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1  to the Legislature by January 1, 2007. The report must specify

 2  the number of ordinances adopted by a local government under

 3  this section and the number of accessory dwelling units that

 4  were created under these ordinances.

 5         Section 3.  Subsection (13) is added to section

 6  163.3167, Florida Statutes, to read:

 7         163.3167  Scope of act.--

 8         (13)  Each local government shall address in its

 9  comprehensive plan, as enumerated in this chapter, the water

10  supply projects necessary to meet and achieve the existing and

11  projected water use demand for the established planning

12  period, considering the applicable plan developed pursuant to

13  s. 373.0361.

14         Section 4.  Paragraphs (a) and (c) of subsection (6)

15  and subsection (11) of section 163.3177, Florida Statutes, are

16  amended to read:

17         163.3177  Required and optional elements of

18  comprehensive plan; studies and surveys.--

19         (6)  In addition to the requirements of subsections

20  (1)-(5), the comprehensive plan shall include the following

21  elements:

22         (a)  A future land use plan element designating

23  proposed future general distribution, location, and extent of

24  the uses of land for residential uses, commercial uses,

25  industry, agriculture, recreation, conservation, education,

26  public buildings and grounds, other public facilities, and

27  other categories of the public and private uses of land.

28  Counties are encouraged to designate rural land stewardship

29  areas, pursuant to the provisions of paragraph (11)(d), as

30  overlays on the future land use map.  Each future land use

31  category must be defined in terms of uses included, and must

                                  6

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    Florida Senate - 2004                           CS for SB 2188
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 1  include standards to be followed in the control and

 2  distribution of population densities and building and

 3  structure intensities. The proposed distribution, location,

 4  and extent of the various categories of land use shall be

 5  shown on a land use map or map series which shall be

 6  supplemented by goals, policies, and measurable objectives.

 7  The future land use plan shall be based upon surveys, studies,

 8  and data regarding the area, including the amount of land

 9  required to accommodate anticipated growth; the projected

10  population of the area; the character of undeveloped land; the

11  availability of public services; the need for redevelopment,

12  including the renewal of blighted areas and the elimination of

13  nonconforming uses which are inconsistent with the character

14  of the community; and, in rural communities, the need for job

15  creation, capital investment, and economic development that

16  will strengthen and diversify the community's economy. The

17  future land use plan may designate areas for future planned

18  development use involving combinations of types of uses for

19  which special regulations may be necessary to ensure

20  development in accord with the principles and standards of the

21  comprehensive plan and this act. In addition, for rural

22  communities, the amount of land designated for future planned

23  industrial use shall be based upon surveys and studies that

24  reflect the need for job creation, capital investment, and the

25  necessity to strengthen and diversify the local economies, and

26  shall not be limited solely by the projected population of the

27  rural community. The future land use plan of a county may also

28  designate areas for possible future municipal incorporation.

29  The land use maps or map series shall generally identify and

30  depict historic district boundaries and shall designate

31  historically significant properties meriting protection.  The

                                  7

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    Florida Senate - 2004                           CS for SB 2188
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 1  future land use element must clearly identify the land use

 2  categories in which public schools are an allowable use.  When

 3  delineating the land use categories in which public schools

 4  are an allowable use, a local government shall include in the

 5  categories sufficient land proximate to residential

 6  development to meet the projected needs for schools in

 7  coordination with public school boards and may establish

 8  differing criteria for schools of different type or size.

 9  Each local government shall include lands contiguous to

10  existing school sites, to the maximum extent possible, within

11  the land use categories in which public schools are an

12  allowable use. All comprehensive plans must comply with the

13  school siting requirements of this paragraph no later than

14  October 1, 1999. The failure by a local government to comply

15  with these school siting requirements by October 1, 1999, will

16  result in the prohibition of the local government's ability to

17  amend the local comprehensive plan, except for plan amendments

18  described in s. 163.3187(1)(b), until the school siting

19  requirements are met. Amendments proposed by a local

20  government for purposes of identifying the land use categories

21  in which public schools are an allowable use or for adopting

22  or amending the school-siting maps pursuant to s. 163.31776(3)

23  are exempt from the limitation on the frequency of plan

24  amendments contained in s. 163.3187. The future land use

25  element shall include criteria that encourage the location of

26  schools proximate to urban residential areas to the extent

27  possible and shall require that the local government seek to

28  collocate public facilities, such as parks, libraries, and

29  community centers, with schools to the extent possible and to

30  encourage the use of elementary schools as focal points for

31  neighborhoods. For schools serving predominantly rural

                                  8

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1  counties, defined as a county with a population of 100,000 or

 2  fewer, an agricultural land use category shall be eligible for

 3  the location of public school facilities if the local

 4  comprehensive plan contains school siting criteria and the

 5  location is consistent with such criteria.

 6         (c)  A general sanitary sewer, solid waste, drainage,

 7  potable water, and natural groundwater aquifer recharge

 8  element correlated to principles and guidelines for future

 9  land use, indicating ways to provide for future potable water,

10  drainage, sanitary sewer, solid waste, and aquifer recharge

11  protection requirements for the area.  The element may be a

12  detailed engineering plan including a topographic map

13  depicting areas of prime groundwater recharge. The element

14  shall describe the problems and needs and the general

15  facilities that will be required for solution of the problems

16  and needs.  The element shall also include a topographic map

17  depicting any areas adopted by a regional water management

18  district as prime groundwater recharge areas for the Floridan

19  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

20  shall be given special consideration when the local government

21  is engaged in zoning or considering future land use for said

22  designated areas.  For areas served by septic tanks, soil

23  surveys shall be provided which indicate the suitability of

24  soils for septic tanks. By December 1, 2006 January 1, 2005,

25  or the Evaluation and Appraisal Report adoption deadline

26  established for the local government pursuant to s.

27  163.3191(9) s. 163.3191(a), whichever date occurs first, the

28  element must consider the appropriate water management

29  district's regional water supply plan approved pursuant to s.

30  373.0361. The element must include a work plan, covering at

31  least a 10-year planning period, for building water supply

                                  9

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1  facilities that are identified in the element as necessary to

 2  serve existing and new development and for which the local

 3  government is responsible. The work plan shall be updated, at

 4  a minimum, every 5 years or within 12 months after the

 5  adoption of the revised regional water supply plan.

 6         (11)(a)  The Legislature recognizes the need for

 7  innovative planning and development strategies which will

 8  address the anticipated demands of continued urbanization of

 9  Florida's coastal and other environmentally sensitive areas,

10  and which will accommodate the development of less populated

11  regions of the state which seek economic development and which

12  have suitable land and water resources to accommodate growth

13  in an environmentally acceptable manner.  The Legislature

14  further recognizes the substantial advantages of innovative

15  approaches to development which may better serve to protect

16  environmentally sensitive areas, maintain the economic

17  viability of agricultural and other predominantly rural land

18  uses, and provide for the cost-efficient delivery of public

19  facilities and services.

20         (b)  It is the intent of the Legislature that the local

21  government comprehensive plans and plan amendments adopted

22  pursuant to the provisions of this part provide for a planning

23  process which allows for land use efficiencies within existing

24  urban areas and which also allows for the conversion of rural

25  lands to other uses, where appropriate and consistent with the

26  other provisions of this part and the affected local

27  comprehensive plans, through the application of innovative and

28  flexible planning and development strategies and creative land

29  use planning techniques, which may include, but not be limited

30  to, urban villages, new towns, satellite communities,

31  

                                  10

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    Florida Senate - 2004                           CS for SB 2188
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 1  area-based allocations, clustering and open space provisions,

 2  mixed-use development, and sector planning.

 3         (c)  It is the further intent of the Legislature that

 4  local government comprehensive plans and implementing land

 5  development regulations shall provide strategies which

 6  maximize the use of existing facilities and services through

 7  redevelopment, urban infill development, and other strategies

 8  for urban revitalization.

 9         (d)  The Legislature finds that mixed-use, high-density

10  development is appropriate for urban infill and redevelopment

11  areas. Mixed-use projects accommodate a variety of uses,

12  including residential and commercial, and usually at higher

13  densities that promote pedestrian-friendly, sustainable

14  communities. The Legislature recognizes that mixed-use,

15  high-density development improves the quality of life for

16  residents and businesses in urban areas. The Legislature finds

17  that mixed-use, high-density redevelopment and infill benefits

18  residents by creating a livable community with alternative

19  modes of transportation. Furthermore, the Legislature finds

20  that local zoning ordinances often discourage mixed-use,

21  high-density development in areas that are appropriate for

22  urban infill and redevelopment. The Legislature intends to

23  discourage single-use zoning in urban areas which often leads

24  to lower-density, land-intensive development outside an urban

25  service area. Therefore, the Department of Community Affairs

26  shall provide technical assistance to local governments,

27  including a model ordinance, to encourage mixed-use,

28  high-density urban infill and redevelopment projects.

29         (e)  The Legislature finds that a program for the

30  transfer of development rights is a useful tool to preserve

31  historic buildings and create public open spaces in urban

                                  11

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    Florida Senate - 2004                           CS for SB 2188
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 1  areas. A program for the transfer of development rights allows

 2  the transfer of density credits from historic properties and

 3  public open spaces to areas designated for high-density

 4  development. The Legislature recognizes that high-density

 5  development is integral to the success of many urban infill

 6  and redevelopment projects. The Legislature intends to

 7  encourage high-density urban infill and redevelopment while

 8  preserving historic structures and open spaces. Therefore, the

 9  Department of Community Affairs shall provide technical

10  assistance to local governments, including a model ordinance,

11  in order to promote the transfer of development rights within

12  urban areas for high-density infill and redevelopment

13  projects.

14         (f)(d)1.  The department, in cooperation with the

15  Department of Agriculture and Consumer Services, the

16  Department of Environmental Protection, water management

17  districts, and regional planning councils, shall provide

18  assistance to local governments in the implementation of this

19  paragraph and rule 9J-5.006(5)(l), Florida Administrative

20  Code.  Implementation of those provisions shall include a

21  process by which the department may authorize up to five local

22  governments to designate all or portions of lands classified

23  in the future land use element as predominantly agricultural,

24  rural, open, open-rural, or a substantively equivalent land

25  use, as a rural land stewardship area within which planning

26  and economic incentives are applied to encourage the

27  implementation of innovative and flexible planning and

28  development strategies and creative land use planning

29  techniques, including those contained herein and in rule

30  9J-5.006(5)(l), Florida Administrative Code. Assistance may

31  include, but is not limited to:

                                  12

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    Florida Senate - 2004                           CS for SB 2188
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 1         a.  Assistance from the Department of Environmental

 2  Protection and water management districts in creating the

 3  geographic information systems land cover database and aerial

 4  photogrammetry needed to prepare for a rural land stewardship

 5  area;

 6         b.  Allocation of funds earmarked for conservation

 7  easement and land acquisition programs that could be leveraged

 8  to protect greater acreages using the rural land stewardship

 9  area approach; and

10         c.  Expansion of the role of the Department of

11  Community Affairs as a resource agency and the provision of

12  grants to facilitate establishment of rural land stewardship

13  areas in smaller rural counties that do not have the staff or

14  planning budgets to create a rural land stewardship area.

15         2.  The department shall encourage participation by

16  local governments of different sizes and rural characteristics

17  in establishing and implementing rural land stewardship areas.

18  It is the intent of the Legislature that rural land

19  stewardship areas be used to further the following broad

20  principles of rural sustainability:  restoration and

21  maintenance of the economic value of rural land; control of

22  urban sprawl; identification and protection of ecosystems,

23  habitats, and natural resources; promotion of rural economic

24  activity; maintenance of the viability of Florida's

25  agricultural economy; and protection of the character of rural

26  areas of Florida. Rural land stewardship areas may be

27  multicounty in order to encourage coordinated regional

28  stewardship planning.

29         3.  A local government, in conjunction with a regional

30  planning council, a stakeholder organization of private land

31  owners, or another local government, may apply to the

                                  13

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    Florida Senate - 2004                           CS for SB 2188
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 1  department in writing requesting consideration for

 2  authorization to designate a rural land stewardship area and

 3  shall describe its reasons for applying for the authorization

 4  with supporting documentation regarding its compliance with

 5  criteria set forth in this section.

 6         4.  In selecting a local government, the department

 7  shall, by written agreement:

 8         a.  Ensure that the local government has expressed its

 9  intent to designate a rural land stewardship area pursuant to

10  the provisions of this subsection and clarify that the rural

11  land stewardship area is intended.

12         b.  Ensure that the local government has the financial

13  and administrative capabilities to implement a rural land

14  stewardship area.

15         5.  The written agreement shall include the basis for

16  the authorization and provide criteria for evaluating the

17  success of the authorization including the extent the rural

18  land stewardship area enhances rural land values; control

19  urban sprawl; provides necessary open space for agriculture

20  and protection of the natural environment; promotes rural

21  economic activity; and maintains rural character and the

22  economic viability of agriculture.  The department may

23  terminate the agreement at any time if it determines that the

24  local government is not meeting the terms of the agreement.

25         6.  A rural land stewardship area shall be not less

26  than 50,000 acres and shall not exceed 250,000 acres in size,

27  shall be located outside of municipalities and established

28  urban growth boundaries, and shall be designated by plan

29  amendment.  The plan amendment designating a rural land

30  stewardship area shall be subject to review by the Department

31  

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 1  of Community Affairs pursuant to s. 163.3184 and shall provide

 2  for the following:

 3         a.  Criteria for the designation of receiving areas

 4  within rural land stewardship areas in which innovative

 5  planning and development strategies may be applied.  Criteria

 6  shall at a minimum provide for the following: adequacy of

 7  suitable land to accommodate development so as to avoid

 8  conflict with environmentally sensitive areas, resources, and

 9  habitats; compatibility between and transition from higher

10  density uses to lower intensity rural uses; the establishment

11  of receiving area service boundaries which provide for a

12  separation between receiving areas and other land uses within

13  the rural land stewardship area through limitations on the

14  extension of services; and connection of receiving areas with

15  the rest of the rural land stewardship area using rural design

16  and rural road corridors.

17         b.  Goals, objectives, and policies setting forth the

18  innovative planning and development strategies to be applied

19  within rural land stewardship areas pursuant to the provisions

20  of this section.

21         c.  A process for the implementation of innovative

22  planning and development strategies within the rural land

23  stewardship area, including those described in this subsection

24  and rule 9J-5.006(5)(l), Florida Administrative Code, which

25  provide for a functional mix of land uses and which are

26  applied through the adoption by the local government of zoning

27  and land development regulations applicable to the rural land

28  stewardship area.

29         d.  A process which encourages visioning pursuant to s.

30  163.3167(11) to ensure that innovative planning and

31  

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 1  development strategies comply with the provisions of this

 2  section.

 3         e.  The control of sprawl through the use of innovative

 4  strategies and creative land use techniques consistent with

 5  the provisions of this subsection and rule 9J-5.006(5)(l),

 6  Florida Administrative Code.

 7         7.  A receiving area shall be designated by the

 8  adoption of a land development regulation.  Prior to the

 9  designation of a receiving area, the local government shall

10  provide the Department of Community Affairs a period of 30

11  days in which to review a proposed receiving area for

12  consistency with the rural land stewardship area plan

13  amendment and to provide comments to the local government.

14         8.  Upon the adoption of a plan amendment creating a

15  rural land stewardship area, the local government shall, by

16  ordinance, assign to the area a certain number of credits, to

17  be known as "transferable rural land use credits," which shall

18  not constitute a right to develop land, nor increase density

19  of land, except as provided by this section.  The total amount

20  of transferable rural land use credits assigned to the rural

21  land stewardship area must correspond to the 25-year or

22  greater projected population of the rural land stewardship

23  area.  Transferable rural land use credits are subject to the

24  following limitations:

25         a.  Transferable rural land use credits may only exist

26  within a rural land stewardship area.

27         b.  Transferable rural land use credits may only be

28  used on lands designated as receiving areas and then solely

29  for the purpose of implementing innovative planning and

30  development strategies and creative land use planning

31  

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 1  techniques adopted by the local government pursuant to this

 2  section.

 3         c.  Transferable rural land use credits assigned to a

 4  parcel of land within a rural land stewardship area shall

 5  cease to exist if the parcel of land is removed from the rural

 6  land stewardship area by plan amendment.

 7         d.  Neither the creation of the rural land stewardship

 8  area by plan amendment nor the assignment of transferable

 9  rural land use credits by the local government shall operate

10  to displace the underlying density of land uses assigned to a

11  parcel of land within the rural land stewardship area;

12  however, if transferable rural land use credits are

13  transferred from a parcel for use within a designated

14  receiving area, the underlying density assigned to the parcel

15  of land shall cease to exist.

16         e.  The underlying density on each parcel of land

17  located within a rural land stewardship area shall not be

18  increased or decreased by the local government, except as a

19  result of the conveyance or use of transferable rural land use

20  credits, as long as the parcel remains within the rural land

21  stewardship area.

22         f.  Transferable rural land use credits shall cease to

23  exist on a parcel of land where the underlying density

24  assigned to the parcel of land is utilized.

25         g.  An increase in the density of use on a parcel of

26  land located within a designated receiving area may occur only

27  through the assignment or use of transferable rural land use

28  credits and shall not require a plan amendment.

29         h.  A change in the density of land use on parcels

30  located within receiving areas shall be specified in a

31  development order which reflects the total number of

                                  17

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1  transferable rural land use credits assigned to the parcel of

 2  land and the infrastructure and support services necessary to

 3  provide for a functional mix of land uses corresponding to the

 4  plan of development.

 5         i.  Land within a rural land stewardship area may be

 6  removed from the rural land stewardship area through a plan

 7  amendment.

 8         j.  Transferable rural land use credits may be assigned

 9  at different ratios of credits per acre according to the

10  natural resource or other beneficial use characteristics of

11  the land and according to the land use remaining following the

12  transfer of credits, with the highest number of credits per

13  acre assigned to the most preserve environmentally valuable

14  land and a lesser number of credits to be assigned to open

15  space and agricultural land.

16         k.  The use or conveyance of transferable rural land

17  use credits must be recorded in the public records of the

18  county in which the property is located as a covenant or

19  restrictive easement running with the land in favor of the

20  county and either the Department of Environmental Protection,

21  Department of Agriculture and Consumer Services, a water

22  management district, or a recognized statewide land trust.

23         9.  Owners of land within rural land stewardship areas

24  should be provided incentives to enter into rural land

25  stewardship agreements, pursuant to existing law and rules

26  adopted thereto, with state agencies, water management

27  districts, and local governments to achieve mutually agreed

28  upon conservation objectives.  Such incentives may include,

29  but not be limited to, the following:

30         a.  Opportunity to accumulate transferable mitigation

31  credits.

                                  18

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1         b.  Extended permit agreements.

 2         c.  Opportunities for recreational leases and

 3  ecotourism.

 4         d.  Payment for specified land management services on

 5  publicly owned land, or property under covenant or restricted

 6  easement in favor of a public entity.

 7         e.  Option agreements for sale to public entities or

 8  private land conservation entities government, in either fee

 9  or easement, upon achievement of conservation objectives.

10         10.  The department shall report to the Legislature on

11  an annual basis on the results of implementation of rural land

12  stewardship areas authorized by the department, including

13  successes and failures in achieving the intent of the

14  Legislature as expressed in this paragraph. It is further the

15  intent of the Legislature that the success of authorized rural

16  land stewardship areas be substantiated before implementation

17  occurs on a statewide basis.

18         (g)(e)  The implementation of this subsection shall be

19  subject to the provisions of this chapter, chapters 186 and

20  187, and applicable agency rules.

21         (h)(f)  The department may adopt rules necessary to

22  implement the provisions of this subsection.

23         Section 5.  Paragraph (m) is added to subsection (1) of

24  section 163.3187, Florida Statutes, to read:

25         163.3187  Amendment of adopted comprehensive plan.--

26         (1)  Amendments to comprehensive plans adopted pursuant

27  to this part may be made not more than two times during any

28  calendar year, except:

29         (m)  Any local government comprehensive plan amendment

30  establishing or implementing a rural land stewardship area

31  pursuant to the provisions of s. 163.3177(11)(d).

                                  19

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1         Section 6.  Subsection (3) of section 288.107, Florida

 2  Statutes, is amended to read:

 3         288.107  Brownfield redevelopment bonus refunds.--

 4         (3)  CRITERIA.--The minimum criteria for participation

 5  in the brownfield redevelopment bonus refund are:

 6         (a)  The creation of at least 5 10 new full-time

 7  permanent jobs.  Such jobs shall not include construction or

 8  site rehabilitation jobs associated with the implementation of

 9  a brownfield site agreement as described in s. 376.80(5).

10         (b)  The completion of a fixed capital investment of at

11  least $2 million in mixed-use business activities, including

12  multiunit housing, commercial, retail, and industrial in

13  brownfield areas, by an eligible business applying for a

14  refund under paragraph (2)(b) which provides benefits to its

15  employees.

16         (c)  That the designation as a brownfield will

17  diversify and strengthen the economy of the area surrounding

18  the site.

19         (d)  That the designation as a brownfield will promote

20  capital investment in the area beyond that contemplated for

21  the rehabilitation of the site.

22         Section 7.  Subsection (1) of section 376.86, Florida

23  Statutes, is amended to read:

24         376.86  Brownfield Areas Loan Guarantee Program.--

25         (1)  The Brownfield Areas Loan Guarantee Council is

26  created to review and approve or deny by a majority vote of

27  its membership, the situations and circumstances for

28  participation in partnerships by agreements with local

29  governments, financial institutions, and others associated

30  with the redevelopment of brownfield areas pursuant to the

31  Brownfields Redevelopment Act for a limited state guaranty of

                                  20

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    Florida Senate - 2004                           CS for SB 2188
    316-2289-04




 1  up to 5 years of loan guarantees or loan loss reserves issued

 2  pursuant to law. The limited state loan guaranty applies only

 3  to 50 10 percent of the primary lenders loans for

 4  redevelopment projects in brownfield areas. A limited state

 5  guaranty of private loans or a loan loss reserve is authorized

 6  for lenders licensed to operate in the state upon a

 7  determination by the council that such an arrangement would be

 8  in the public interest and the likelihood of the success of

 9  the loan is great.

10         Section 8.  This act shall take effect July 1, 2004.

11  

12          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
13                         Senate Bill 2188

14                                 

15  The committee substitute (CS) requires a local government to
    address water supply projects necessary to meet existing and
16  projected water use demand for the established planning period
    in its comprehensive plan. It extends the deadline for a local
17  government to consider a regional water supply plan in its
    comprehensive plan. The CS provides for a local government's
18  work plan for building water supply facilities to be updated
    at certain intervals. It requires the Department of Community
19  Affairs, the Department of Environmental Protection, water
    management districts, and regional planning councils to
20  provide assistance to local governments relating to the
    creation and implementation of rural land stewardship areas.
21  
    This CS provides that a rural land stewardship area
22  designation should be specifically encouraged as a future land
    use map overlay. It allows for multicounty rural land
23  stewardship areas. The CS deletes acreage thresholds for these
    stewardship areas. In addition, the CS clarifies language
24  relating to the assignment of credits in rural land
    stewardship areas.
25  
    Finally, the CS reduces the number of jobs that must be
26  created for participation in the brownfield redevelopment
    bonus refund and increases the percentage of a primary lender
27  loan to which the limited state loan guaranty applies for
    redevelopment projects in brownfield areas.
28  

29  

30  

31  

                                  21

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

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