June 16, 2019
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Senate Bill 2188

Senate Bill sb2188e1

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    CS for CS for SB 2188                          First Engrossed



  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 sources in its

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

30         providing that rural land stewardship area

31         designation should be specifically encouraged


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    CS for CS for SB 2188                          First Engrossed



 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; requiring the Department of

 6         Community Affairs, in cooperation with other

 7         specified state agencies, to provide assistance

 8         to local governments in implementing provisions

 9         relating to rural land stewardship areas;

10         providing for multicounty rural land

11         stewardship areas; revising requirements,

12         including the acreage threshold for designating

13         a rural land stewardship area; providing that

14         transferable rural land use credits may be

15         assigned at different ratios according to the

16         natural resource or other beneficial use

17         characteristics of the land; providing

18         legislative findings regarding mixed-use,

19         high-density urban infill and redevelopment

20         projects; requiring the Department of Community

21         Affairs to provide technical assistance to

22         local governments; providing legislative

23         findings regarding a program for the transfer

24         of development rights and urban infill and

25         redevelopment; requiring the Department of

26         Community Affairs to provide technical

27         assistance to local governments; amending s.

28         163.3187, F.S.; providing an exception to the

29         limitation on the frequency of plan amendments;

30         providing an effective date.

31  


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    CS for CS for SB 2188                          First Engrossed



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

 2  

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

 4  Statutes, is amended to read:

 5         197.502  Application for obtaining tax deed by holder

 6  of tax sale certificate; fees.--

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

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

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

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

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

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

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

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

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

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

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

18  it is located.

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

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

21  by chapter 376 or chapter 403 for preexisting soil or

22  groundwater contamination due solely to its ownership.

23  However, this subsection does not affect the rights or

24  liabilities of any past or future owners of the escheated

25  property and does not affect the liability of any governmental

26  entity for the results of its actions that create or

27  exacerbate a pollution source.

28         (b)  The county and the Department of Environmental

29  Protection may enter into a written agreement for the

30  performance, funding, and reimbursement of the investigative

31  


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    CS for CS for SB 2188                          First Engrossed



 1  and remedial acts necessary for a property that escheats to

 2  the county.

 3         Section 2.  Accessory dwelling units.--

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

 5  homes in this state has increased steadily over the last

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

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

 8  cost of rental housing has also increased steadily and the

 9  cost often exceeds an amount that is affordable to

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

11  has resulted in a critical shortage of affordable rentals in

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

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

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

15  Legislature finds that it serves an important public purpose

16  to encourage the permitting of accessory dwelling units in

17  single-family residential areas in order to increase the

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

19  low-income, or moderate-income persons.

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

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

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

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

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

25         (b)  "Affordable rental" means that monthly rent and

26  utilities do not exceed 30 percent of that amount which

27  represents the percentage of the median adjusted gross annual

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

29  persons.

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

31  


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    CS for CS for SB 2188                          First Engrossed



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

 2  section 420.0004(9), Florida Statutes.

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

 4  in section 420.0004(10), Florida Statutes.

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

 6  in section 420.0004(14), Florida Statutes.

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

 8  a shortage of affordable rentals within its jurisdiction, the

 9  local government may adopt an ordinance to allow accessory

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

11  use.

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

13  this section, an application for a building permit to

14  construct an accessory dwelling unit must include an affidavit

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

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

17  moderate-income person or persons.

18         (5)  Each accessory dwelling unit allowed by an

19  ordinance adopted under this section shall apply towards

20  satisfying the affordable housing component of the housing

21  element in the local government's comprehensive plan under

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

23         (6)  The Department of Community Affairs shall evaluate

24  the effectiveness of using accessory dwelling units to address

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

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

27  the number of ordinances adopted by a local government under

28  this section and the number of accessory dwelling units that

29  were created under these ordinances.

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

31  163.3167, Florida Statutes, to read:


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    CS for CS for SB 2188                          First Engrossed



 1         163.3167  Scope of act.--

 2         (13)  Each local government shall address in its

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

 4  supply sources necessary to meet and achieve the existing and

 5  projected water use demand for the established planning

 6  period, considering the applicable plan developed pursuant to

 7  s. 373.0361.

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

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

10  amended to read:

11         163.3177  Required and optional elements of

12  comprehensive plan; studies and surveys.--

13         (6)  In addition to the requirements of subsections

14  (1)-(5), the comprehensive plan shall include the following

15  elements:

16         (a)  A future land use plan element designating

17  proposed future general distribution, location, and extent of

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

19  industry, agriculture, recreation, conservation, education,

20  public buildings and grounds, other public facilities, and

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

22  Counties are encouraged to designate rural land stewardship

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

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

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

26  include standards to be followed in the control and

27  distribution of population densities and building and

28  structure intensities. The proposed distribution, location,

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

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

31  supplemented by goals, policies, and measurable objectives.


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    CS for CS for SB 2188                          First Engrossed



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

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

 3  required to accommodate anticipated growth; the projected

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

 5  availability of public services; the need for redevelopment,

 6  including the renewal of blighted areas and the elimination of

 7  nonconforming uses which are inconsistent with the character

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

 9  creation, capital investment, and economic development that

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

11  future land use plan may designate areas for future planned

12  development use involving combinations of types of uses for

13  which special regulations may be necessary to ensure

14  development in accord with the principles and standards of the

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

16  communities, the amount of land designated for future planned

17  industrial use shall be based upon surveys and studies that

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

19  necessity to strengthen and diversify the local economies, and

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

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

22  designate areas for possible future municipal incorporation.

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

24  depict historic district boundaries and shall designate

25  historically significant properties meriting protection.  The

26  future land use element must clearly identify the land use

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

28  delineating the land use categories in which public schools

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

30  categories sufficient land proximate to residential

31  development to meet the projected needs for schools in


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    CS for CS for SB 2188                          First Engrossed



 1  coordination with public school boards and may establish

 2  differing criteria for schools of different type or size.

 3  Each local government shall include lands contiguous to

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

 5  the land use categories in which public schools are an

 6  allowable use. All comprehensive plans must comply with the

 7  school siting requirements of this paragraph no later than

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

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

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

11  amend the local comprehensive plan, except for plan amendments

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

13  requirements are met. Amendments proposed by a local

14  government for purposes of identifying the land use categories

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

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

17  are exempt from the limitation on the frequency of plan

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

19  element shall include criteria that encourage the location of

20  schools proximate to urban residential areas to the extent

21  possible and shall require that the local government seek to

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

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

24  encourage the use of elementary schools as focal points for

25  neighborhoods. For schools serving predominantly rural

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

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

28  the location of public school facilities if the local

29  comprehensive plan contains school siting criteria and the

30  location is consistent with such criteria.

31  


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    CS for CS for SB 2188                          First Engrossed



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

 2  potable water, and natural groundwater aquifer recharge

 3  element correlated to principles and guidelines for future

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

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

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

 7  detailed engineering plan including a topographic map

 8  depicting areas of prime groundwater recharge. The element

 9  shall describe the problems and needs and the general

10  facilities that will be required for solution of the problems

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

12  depicting any areas adopted by a regional water management

13  district as prime groundwater recharge areas for the Floridan

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

15  shall be given special consideration when the local government

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

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

18  surveys shall be provided which indicate the suitability of

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

20  or the Evaluation and Appraisal Report adoption deadline

21  established for the local government pursuant to s.

22  163.3191(a), whichever date occurs first, the element must

23  consider the appropriate water management district's regional

24  water supply plan approved pursuant to s. 373.0361. The

25  element must include a work plan, covering at least a 10-year

26  planning period, for building water supply facilities that are

27  identified in the element as necessary to serve existing and

28  new development and for which the local government is

29  responsible. The work plan shall be updated, at a minimum,

30  every 5 years within 12 months after the approval of the

31  revised regional water supply plan. Amendments to incorporate


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    CS for CS for SB 2188                          First Engrossed



 1  the work plan do not count toward the limitation on the

 2  frequency of adoption of amendments to a comprehensive plan.

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

 4  innovative planning and development strategies which will

 5  address the anticipated demands of continued urbanization of

 6  Florida's coastal and other environmentally sensitive areas,

 7  and which will accommodate the development of less populated

 8  regions of the state which seek economic development and which

 9  have suitable land and water resources to accommodate growth

10  in an environmentally acceptable manner.  The Legislature

11  further recognizes the substantial advantages of innovative

12  approaches to development which may better serve to protect

13  environmentally sensitive areas, maintain the economic

14  viability of agricultural and other predominantly rural land

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

16  facilities and services.

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

18  government comprehensive plans and plan amendments adopted

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

20  process which allows for land use efficiencies within existing

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

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

23  other provisions of this part and the affected local

24  comprehensive plans, through the application of innovative and

25  flexible planning and development strategies and creative land

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

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

28  area-based allocations, clustering and open space provisions,

29  mixed-use development, and sector planning.

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

31  local government comprehensive plans and implementing land


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    CS for CS for SB 2188                          First Engrossed



 1  development regulations shall provide strategies which

 2  maximize the use of existing facilities and services through

 3  redevelopment, urban infill development, and other strategies

 4  for urban revitalization.

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

 6  Department of Agriculture and Consumer Services, the

 7  Department of Environmental Protection, water management

 8  districts, and regional planning councils, shall provide

 9  assistance to local governments in the implementation of this

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

11  Code.  Implementation of those provisions shall include a

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

13  governments to designate all or portions of lands classified

14  in the future land use element as predominantly agricultural,

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

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

17  and economic incentives are applied to encourage the

18  implementation of innovative and flexible planning and

19  development strategies and creative land use planning

20  techniques, including those contained herein and in rule

21  9J-5.006(5)(l), Florida Administrative Code. Assistance may

22  include, but is not limited to:

23         a.  Assistance from the Department of Environmental

24  Protection and water management districts in creating the

25  geographic information systems land cover database and aerial

26  photogrammetry needed to prepare for a rural land stewardship

27  area;

28         b.  Support for local government implementation of

29  rural land stewardship concepts by providing information and

30  assistance to local governments regarding land acquisition

31  programs that may be used by the local government or


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    CS for CS for SB 2188                          First Engrossed



 1  landowners to leverage the protection of greater acreage and

 2  maximize the effectiveness of rural land stewardship areas;

 3  and

 4         c.  Expansion of the role of the Department of

 5  Community Affairs as a resource agency to facilitate

 6  establishment of rural land stewardship areas in smaller rural

 7  counties that do not have the staff or planning budgets to

 8  create a rural land stewardship area.

 9         2.  The department shall encourage participation by

10  local governments of different sizes and rural characteristics

11  in establishing and implementing rural land stewardship areas.

12  It is the intent of the Legislature that rural land

13  stewardship areas be used to further the following broad

14  principles of rural sustainability:  restoration and

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

16  urban sprawl; identification and protection of ecosystems,

17  habitats, and natural resources; promotion of rural economic

18  activity; maintenance of the viability of Florida's

19  agricultural economy; and protection of the character of rural

20  areas of Florida. Rural land stewardship areas may be

21  multicounty in order to encourage coordinated regional

22  stewardship planning.

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

24  planning council, a stakeholder organization of private land

25  owners, or another local government, shall notify may apply to

26  the department in writing of its intent requesting

27  consideration for authorization to designate a rural land

28  stewardship area and shall describe its reasons for applying

29  for the authorization with supporting documentation regarding

30  its compliance with criteria set forth in this section.

31  


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    CS for CS for SB 2188                          First Engrossed



 1         4.  In selecting a local government, the department

 2  shall, by written agreement:

 3         a.  Ensure that the local government has expressed its

 4  intent to designate a rural land stewardship area pursuant to

 5  the provisions of this subsection and clarify that the rural

 6  land stewardship area is intended.

 7         b.  Ensure that the local government has the financial

 8  and administrative capabilities to implement a rural land

 9  stewardship area.

10         5.  The written notification agreement shall describe

11  include the basis for the designation, authorization and

12  provide criteria for evaluating the success of the

13  authorization including the extent to which the rural land

14  stewardship area enhances rural land values, controls; control

15  urban sprawl,; provides necessary open space for agriculture

16  and protection of the natural environment,; promotes rural

17  economic activity,; and maintains rural character and the

18  economic viability of agriculture. The department may

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

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

21         4.6.  A rural land stewardship area shall be not less

22  than 10,000 50,000 acres and shall not exceed 250,000 acres in

23  size, shall be located outside of municipalities and

24  established urban growth boundaries, and shall be designated

25  by plan amendment.  The plan amendment designating a rural

26  land stewardship area shall be subject to review by the

27  Department of Community Affairs pursuant to s. 163.3184 and

28  shall provide for the following:

29         a.  Criteria for the designation of receiving areas

30  within rural land stewardship areas in which innovative

31  planning and development strategies may be applied.  Criteria


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    CS for CS for SB 2188                          First Engrossed



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

 2  suitable land to accommodate development so as to avoid

 3  conflict with environmentally sensitive areas, resources, and

 4  habitats; compatibility between and transition from higher

 5  density uses to lower intensity rural uses; the establishment

 6  of receiving area service boundaries which provide for a

 7  separation between receiving areas and other land uses within

 8  the rural land stewardship area through limitations on the

 9  extension of services; and connection of receiving areas with

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

11  and rural road corridors.

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

13  innovative planning and development strategies to be applied

14  within rural land stewardship areas pursuant to the provisions

15  of this section.

16         c.  A process for the implementation of innovative

17  planning and development strategies within the rural land

18  stewardship area, including those described in this subsection

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

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

21  applied through the adoption by the local government of zoning

22  and land development regulations applicable to the rural land

23  stewardship area.

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

25  163.3167(11) to ensure that innovative planning and

26  development strategies comply with the provisions of this

27  section.

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

29  strategies and creative land use techniques consistent with

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

31  Florida Administrative Code.


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    CS for CS for SB 2188                          First Engrossed



 1         5.7.  A receiving area shall be designated by the

 2  adoption of a land development regulation.  Prior to the

 3  designation of a receiving area, the local government shall

 4  provide the Department of Community Affairs a period of 30

 5  days in which to review a proposed receiving area for

 6  consistency with the rural land stewardship area plan

 7  amendment and to provide comments to the local government.

 8         6.8.  Upon the adoption of a plan amendment creating a

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

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

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

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

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

14  of transferable rural land use credits assigned to the rural

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

16  greater projected population of the rural land stewardship

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

18  following limitations:

19         a.  Transferable rural land use credits may only exist

20  within a rural land stewardship area.

21         b.  Transferable rural land use credits may only be

22  used on lands designated as receiving areas and then solely

23  for the purpose of implementing innovative planning and

24  development strategies and creative land use planning

25  techniques adopted by the local government pursuant to this

26  section.

27         c.  Transferable rural land use credits assigned to a

28  parcel of land within a rural land stewardship area shall

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

30  land stewardship area by plan amendment.

31  


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    CS for CS for SB 2188                          First Engrossed



 1         d.  Neither the creation of the rural land stewardship

 2  area by plan amendment nor the assignment of transferable

 3  rural land use credits by the local government shall operate

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

 5  parcel of land within the rural land stewardship area;

 6  however, if transferable rural land use credits are

 7  transferred from a parcel for use within a designated

 8  receiving area, the underlying density assigned to the parcel

 9  of land shall cease to exist.

10         e.  The underlying density on each parcel of land

11  located within a rural land stewardship area shall not be

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

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

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

15  stewardship area.

16         f.  Transferable rural land use credits shall cease to

17  exist on a parcel of land where the underlying density

18  assigned to the parcel of land is utilized.

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

20  land located within a designated receiving area may occur only

21  through the assignment or use of transferable rural land use

22  credits and shall not require a plan amendment.

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

24  located within receiving areas shall be specified in a

25  development order which reflects the total number of

26  transferable rural land use credits assigned to the parcel of

27  land and the infrastructure and support services necessary to

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

29  plan of development.

30  

31  


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    CS for CS for SB 2188                          First Engrossed



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

 2  removed from the rural land stewardship area through a plan

 3  amendment.

 4         j.  Transferable rural land use credits may be assigned

 5  at different ratios of credits per acre according to the

 6  natural resource or other beneficial use characteristics of

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

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

 9  acre assigned to the most preserve environmentally valuable

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

11  space and agricultural land.

12         k.  The use or conveyance of transferable rural land

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

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

15  restrictive easement running with the land in favor of the

16  county and either the Department of Environmental Protection,

17  Department of Agriculture and Consumer Services, a water

18  management district, or a recognized statewide land trust.

19         7.9.  Owners of land within rural land stewardship

20  areas should be provided incentives to enter into rural land

21  stewardship agreements, pursuant to existing law and rules

22  adopted thereto, with state agencies, water management

23  districts, and local governments to achieve mutually agreed

24  upon conservation objectives.  Such incentives may include,

25  but not be limited to, the following:

26         a.  Opportunity to accumulate transferable mitigation

27  credits.

28         b.  Extended permit agreements.

29         c.  Opportunities for recreational leases and

30  ecotourism.

31  


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    CS for CS for SB 2188                          First Engrossed



 1         d.  Payment for specified land management services on

 2  publicly owned land, or property under covenant or restricted

 3  easement in favor of a public entity.

 4         e.  Option agreements for sale to public entities or

 5  private land conservation entities government, in either fee

 6  or easement, upon achievement of conservation objectives.

 7         8.10.  The department shall report to the Legislature

 8  on an annual basis on the results of implementation of rural

 9  land stewardship areas authorized by the department, including

10  successes and failures in achieving the intent of the

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

12  intent of the Legislature that the success of authorized rural

13  land stewardship areas be substantiated before implementation

14  occurs on a statewide basis.

15         (e)  The Legislature finds that mixed-use, high-density

16  development is appropriate for urban infill and redevelopment

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

18  including residential and commercial, and usually at higher

19  densities that promote pedestrian-friendly, sustainable

20  communities. The Legislature recognizes that mixed-use,

21  high-density development improves the quality of life for

22  residents and businesses in urban areas. The Legislature finds

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

24  residents by creating a livable community with alternative

25  modes of transportation. Furthermore, the Legislature finds

26  that local zoning ordinances often discourage mixed-use,

27  high-density development in areas that are appropriate for

28  urban infill and redevelopment. The Legislature intends to

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

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

31  service area. Therefore, the Department of Community Affairs


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    CS for CS for SB 2188                          First Engrossed



 1  shall provide technical assistance to local governments in

 2  order to encourage mixed-use, high-density urban infill and

 3  redevelopment projects.

 4         (f)  The Legislature finds that a program for the

 5  transfer of development rights is a useful tool to preserve

 6  historic buildings and create public open spaces in urban

 7  areas. A program for the transfer of development rights allows

 8  the transfer of density credits from historic properties and

 9  public open spaces to areas designated for high-density

10  development. The Legislature recognizes that high-density

11  development is integral to the success of many urban infill

12  and redevelopment projects. The Legislature intends to

13  encourage high-density urban infill and redevelopment while

14  preserving historic structures and open spaces. Therefore, the

15  Department of Community Affairs shall provide technical

16  assistance to local governments in order to promote the

17  transfer of development rights within urban areas for

18  high-density infill and redevelopment projects.

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

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

21  187, and applicable agency rules.

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

23  implement the provisions of this subsection.

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

25  section 163.3187, Florida Statutes, to read:

26         163.3187  Amendment of adopted comprehensive plan.--

27         (1)  Amendments to comprehensive plans adopted pursuant

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

29  calendar year, except:

30  

31  


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    CS for CS for SB 2188                          First Engrossed



 1         (m)  Any local government comprehensive plan amendment

 2  establishing or implementing a rural land stewardship area

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

 4         Section 6.  This act shall take effect July 1, 2004.

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