Florida Senate - 2010                                    SB 2600
       
       
       
       By Senator Aronberg
       
       
       
       
       27-01957A-10                                          20102600__
    1                        A bill to be entitled                      
    2         An act relating to local government comprehensive
    3         plans; amending s. 163.3177, F.S.; exempting certain
    4         municipalities from certain capital improvements
    5         element and schedule update requirements and certain
    6         comprehensive plan amendment prohibitions under
    7         certain circumstances; specifying exemption criteria;
    8         exempting certain municipalities from certain water
    9         supply element requirements for future land use
   10         principles and guidelines; amending s. 163.3191, F.S.;
   11         exempting certain municipalities from certain
   12         comprehensive plan evaluation and appraisal
   13         requirements; specifying exemption criteria; amending
   14         s. 218.39, F.S.; revising a municipal revenue
   15         criterion relating to annual financial audit
   16         requirements; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (g) is added to subsection (3) of
   21  section 163.3177, Florida Statutes, and paragraph (c) of
   22  subsection (6) of that section is amended, to read:
   23         163.3177 Required and optional elements of comprehensive
   24  plan; studies and surveys.—
   25         (3)
   26         (g) Update requirements to the existing capital
   27  improvements element and schedule under paragraph (b) are deemed
   28  met, and the municipality is not subject to the comprehensive
   29  plan amendment prohibition and provisions of subparagraph (b)2.
   30  and paragraph (c), if a municipality annually adopts a
   31  resolution stating that:
   32         1. The municipality has:
   33         a. Annual fiscal revenues and expenditures of less than
   34  $250,000.
   35         b. Vacant property, if any, that does not exceed 20 percent
   36  of the total land area of the municipality or a total of 25
   37  acres.
   38         c. No annexation activity.
   39         d. No new development that has occurred in the jurisdiction
   40  since the last update of the capital improvements element and
   41  schedule.
   42         2. The municipality has no scheduled capital improvements.
   43         3. The municipality recognizes that any future amendments
   44  to the comprehensive plan will require determination of any
   45  needed capital improvements.
   46         (6) In addition to the requirements of subsections (1)-(5)
   47  and (12), the comprehensive plan shall include the following
   48  elements:
   49         (c) A general sanitary sewer, solid waste, drainage,
   50  potable water, and natural groundwater aquifer recharge element
   51  correlated to principles and guidelines for future land use,
   52  indicating ways to provide for future potable water, drainage,
   53  sanitary sewer, solid waste, and aquifer recharge protection
   54  requirements for the area. The element may be a detailed
   55  engineering plan including a topographic map depicting areas of
   56  prime groundwater recharge. The element shall describe the
   57  problems and needs and the general facilities that will be
   58  required for solution of the problems and needs. The element
   59  shall also include a topographic map depicting any areas adopted
   60  by a regional water management district as prime groundwater
   61  recharge areas for the Floridan or Biscayne aquifers. These
   62  areas shall be given special consideration when the local
   63  government is engaged in zoning or considering future land use
   64  for said designated areas. For areas served by septic tanks,
   65  soil surveys shall be provided which indicate the suitability of
   66  soils for septic tanks. Within 18 months after the governing
   67  board approves an updated regional water supply plan, the
   68  element must incorporate the alternative water supply project or
   69  projects selected by the local government from those identified
   70  in the regional water supply plan pursuant to s. 373.0361(2)(a)
   71  or proposed by the local government under s. 373.0361(8)(b). If
   72  a local government is located within two water management
   73  districts, the local government shall adopt its comprehensive
   74  plan amendment within 18 months after the later updated regional
   75  water supply plan. The element must identify such alternative
   76  water supply projects and traditional water supply projects and
   77  conservation and reuse necessary to meet the water needs
   78  identified in s. 373.0361(2)(a) within the local government’s
   79  jurisdiction and include a work plan, covering at least a 10
   80  year planning period, for building public, private, and regional
   81  water supply facilities, including development of alternative
   82  water supplies, which are identified in the element as necessary
   83  to serve existing and new development. The work plan shall be
   84  updated, at a minimum, every 5 years within 18 months after the
   85  governing board of a water management district approves an
   86  updated regional water supply plan. Amendments to incorporate
   87  the work plan do not count toward the limitation on the
   88  frequency of adoption of amendments to the comprehensive plan.
   89  Local governments, public and private utilities, regional water
   90  supply authorities, special districts, and water management
   91  districts are encouraged to cooperatively plan for the
   92  development of multijurisdictional water supply facilities that
   93  are sufficient to meet projected demands for established
   94  planning periods, including the development of alternative water
   95  sources to supplement traditional sources of groundwater and
   96  surface water supplies. A municipality is exempt from the
   97  requirements of this paragraph applicable to amendments to
   98  update the regional water supply plan if the municipality adopts
   99  a resolution stating that the municipality meets all of the
  100  following criteria for having no significant impact:
  101         1. The municipality has:
  102         a. Annual fiscal revenues and expenditures of less than
  103  $250,000.
  104         b. Vacant property, if any, that does not exceed 20 percent
  105  of the total land area of the municipality or a total of 25
  106  acres.
  107         c. No annexation activity.
  108         d. No new development that has occurred in the jurisdiction
  109  since the last update of the capital improvements element and
  110  schedule.
  111         2. The municipality recognizes that any future amendments
  112  to the comprehensive plan will require determination of any
  113  impacts to water supply availability and may require amendments
  114  to this element as well.
  115         Section 2. Subsection (15) is added to section 163.3191,
  116  Florida Statutes, to read:
  117         163.3191 Evaluation and appraisal of comprehensive plan.—
  118         (15) A municipality is not subject to this section if a
  119  scoping meeting as provided by subsection (3) is held and the
  120  municipality adopts a resolution stating that:
  121         (a) The municipality has:
  122         1. Annual fiscal revenues and expenditures of less than
  123  $250,000.
  124         2. Vacant property, if any, that does not exceed 20 percent
  125  of the total land area of the municipality or a total of 25
  126  acres.
  127         3. No annexation activity.
  128         4. No new development that has occurred in the jurisdiction
  129  since the last update of the capital improvements element and
  130  schedule.
  131         (b) The municipality recognizes that any future amendments
  132  to the comprehensive plan will require a comprehensive update of
  133  the plan to reflect appropriate planning periods in the future.
  134         Section 3. Paragraph (g) of subsection (1) of section
  135  218.39, Florida Statutes, is amended to read:
  136         218.39 Annual financial audit reports.—
  137         (1) If, by the first day in any fiscal year, a local
  138  governmental entity, district school board, charter school, or
  139  charter technical career center has not been notified that a
  140  financial audit for that fiscal year will be performed by the
  141  Auditor General, each of the following entities shall have an
  142  annual financial audit of its accounts and records completed
  143  within 12 months after the end of its fiscal year by an
  144  independent certified public accountant retained by it and paid
  145  from its public funds:
  146         (g) Each municipality with revenues or the total of
  147  expenditures and expenses of less than between $100,000 and
  148  $250,000 that has not been subject to a financial audit pursuant
  149  to this subsection for the 4 2 preceding fiscal years.
  150         Section 4. This act shall take effect upon becoming a law.