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Amendment CaShTmL-763468.HTM
                                                  SENATE AMENDMENT
    Bill No. SB 594, 1st Eng.
    Amendment No. ___   Barcode 763468
                            CHAMBER ACTION
              Senate                               House
 1                  1/AD/3R        .                    
       05/01/2003 11:32 AM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  Senator Fasano moved the following amendment:
13         Senate Amendment (with title amendment) 
14         On page 1 between lines 28 and 29,
16  insert:  
17         Section 2.  Subsection (32) is added to section
18  163.3164, Florida Statutes, to read:
19         163.3164  Local Government Comprehensive Planning and
20  Land Development Regulation Act; definitions.--As used in this
21  act:
22         (32)  "Military installation" means a base, camp, post,
23  homeport facility for any ship, or other location under the
24  jurisdiction of the Department of Defense, including any
25  leased facility.  Such term does not include any facility used
26  primarily for civil works, docking facilities, rivers and
27  harbors projects, or flood control projects.
28         Section 3.  Paragraph (a) of subsection (6) and
29  paragraph (l) of subsection (10) of section 163.3177, Florida
30  Statutes, are amended to read:
31         163.3177  Required and optional elements of
    8:06 PM   04/30/03                               s0594.ms11.2f

SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 comprehensive plan; studies and surveys.-- 2 (6) In addition to the requirements of subsections 3 (1)-(5), the comprehensive plan shall include the following 4 elements: 5 (a) A future land use plan element designating 6 proposed future general distribution, location, and extent of 7 the uses of land for residential uses, commercial uses, 8 industry, agriculture, recreation, conservation, education, 9 public buildings and grounds, other public facilities, and 10 other categories of the public and private uses of land. Each 11 future land use category must be defined in terms of uses 12 included, and must include standards to be followed in the 13 control and distribution of population densities and building 14 and structure intensities. The proposed distribution, 15 location, and extent of the various categories of land use 16 shall be shown on a land use map or map series which shall be 17 supplemented by goals, policies, and measurable objectives. 18 The future land use plan shall be based upon surveys, studies, 19 and data regarding the area, including the amount of land 20 required to accommodate anticipated growth; the projected 21 population of the area; the character of undeveloped land; the 22 availability of public services; the need for redevelopment, 23 including the renewal of blighted areas and the elimination of 24 nonconforming uses which are inconsistent with the character 25 of the community; the compatibility with military 26 installations; and, in rural communities, the need for job 27 creation, capital investment, and economic development that 28 will strengthen and diversify the community's economy. The 29 future land use plan may designate areas for future planned 30 development use involving combinations of types of uses for 31 which special regulations may be necessary to ensure 2 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 development in accord with the principles and standards of the 2 comprehensive plan and this act. In addition, for rural 3 communities, the amount of land designated for future planned 4 industrial use shall be based upon surveys and studies that 5 reflect the need for job creation, capital investment, and the 6 necessity to strengthen and diversify the local economies, and 7 shall not be limited solely by the projected population of the 8 rural community. The future land use plan of a county may also 9 designate areas for possible future municipal incorporation. 10 The land use maps or map series shall generally identify and 11 depict historic district boundaries and shall designate 12 historically significant properties meriting protection. The 13 future land use element must clearly identify the land use 14 categories in which public schools are an allowable use. When 15 delineating the land use categories in which public schools 16 are an allowable use, a local government shall include in the 17 categories sufficient land proximate to residential 18 development to meet the projected needs for schools in 19 coordination with public school boards and may establish 20 differing criteria for schools of different type or size. 21 Each local government shall include lands contiguous to 22 existing school sites, to the maximum extent possible, within 23 the land use categories in which public schools are an 24 allowable use. All comprehensive plans must comply with the 25 school siting requirements of this paragraph no later than 26 October 1, 1999. The failure by a local government to comply 27 with these school siting requirements by October 1, 1999, will 28 result in the prohibition of the local government's ability to 29 amend the local comprehensive plan, except for plan amendments 30 described in s. 163.3187(1)(b), until the school siting 31 requirements are met. Amendments proposed by a local 3 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 government for purposes of identifying the land use categories 2 in which public schools are an allowable use or for adopting 3 or amending the school-siting maps pursuant to s. 163.31776(3) 4 are exempt from the limitation on the frequency of plan 5 amendments contained in s. 163.3187. The future land use 6 element shall include criteria that encourage the location of 7 schools proximate to urban residential areas to the extent 8 possible and shall require that the local government seek to 9 collocate public facilities, such as parks, libraries, and 10 community centers, with schools to the extent possible and to 11 encourage the use of elementary schools as focal points for 12 neighborhoods. For schools serving predominantly rural 13 counties, defined as a county with a population of 100,000 or 14 fewer, an agricultural land use category shall be eligible for 15 the location of public school facilities if the local 16 comprehensive plan contains school siting criteria and the 17 location is consistent with such criteria. 18 (10) The Legislature recognizes the importance and 19 significance of chapter 9J-5, Florida Administrative Code, the 20 Minimum Criteria for Review of Local Government Comprehensive 21 Plans and Determination of Compliance of the Department of 22 Community Affairs that will be used to determine compliance of 23 local comprehensive plans. The Legislature reserved unto 24 itself the right to review chapter 9J-5, Florida 25 Administrative Code, and to reject, modify, or take no action 26 relative to this rule. Therefore, pursuant to subsection (9), 27 the Legislature hereby has reviewed chapter 9J-5, Florida 28 Administrative Code, and expresses the following legislative 29 intent: 30 (l) The state land planning agency shall consider land 31 use compatibility issues in the vicinity of all airports in 4 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 coordination with the Department of Transportation, and for 2 military installations in coordination with the Department of 3 Defense. 4 Section 4. Section 163.31779, Florida Statutes, is 5 created to read: 6 163.31779 Military Installation Memorandum of 7 Agreement.-- 8 (1)(a) The county or counties in which a military 9 installation is either wholly or partially located and those 10 municipalities adjacent to or proximate to the military 11 installation, as determined by the state land planning agency 12 based on the recommendations of the governing bodies of the 13 affected counties and municipalities and the commanding 14 officer whose primary responsibility is the operation of the 15 military installation, shall enter into a memorandum of 16 agreement with the military installation to coordinate future 17 land use changes including the local government comprehensive 18 plan, land development regulations, and development orders. 19 (b) The agreements shall be completed in accordance 20 with a schedule published by the state land planning agency. 21 The schedule must establish staggered due dates for completion 22 of such agreements that are executed by both the local 23 government and the military installation, concluding by July 24 1, 2004. 25 (c) The military installation, the county or counties 26 in which the military installation either wholly or partially 27 is located and the affected municipalities that are adjacent 28 to or proximate to the military installation as determined by 29 the state land planning agency are encouraged to adopt a 30 single memorandum of agreement to which all join as parties. 31 The state land planning agency shall assemble and make 5 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 available model agreements meeting the requirements of this 2 section and shall notify local governments and military 3 installations of the requirements of this section. The state 4 land planning agency shall be available to informally review 5 proposed agreements. 6 (2) In preparing to adopt a memorandum of agreement, 7 the local government must seek advice from residents of the 8 local government and others who are likely to be affected by 9 its provisions including, but not limited to; builders, 10 developers, conservation groups, representatives of the United 11 States Armed Services, and neighborhood groups. 12 (3) At a minimum, the memorandum of agreement must: 13 (a) Coordinate planning activities between the local 14 government and military installation to determine how the 15 public health, safety, and welfare is likely to be affected by 16 the proximity of development to the military installation, 17 operating areas, and ranges. 18 (b) Coordinate planning activities between the local 19 government and military installation to make reasonable 20 provisions for preserving open space and compatible land uses 21 near the military installation. 22 (c) Coordinate planning activities between the local 23 government and military installation to evaluate land 24 proximate to the military installation taking into 25 consideration the findings of any Department of Defense Joint 26 Land Use Study Program, or the findings of any Air 27 Installation Compatible Use Zone (AICUZ) and of any 28 Installation Environmental Noise Management Program (IENMP, 29 which was formerly the Installation Compatible Use Zone, or 30 ICUZ, program). 31 (d) Provide for a process by which the affected local 6 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 governments and military installation coordinate and share 2 information relating to comprehensive plans and plan 3 amendments, land development regulations and changes thereto 4 including zoning changes, and development orders. The 5 affected local governments shall provide the military 6 installation an opportunity to review and comment on 7 comprehensive plans, plan amendments, land development 8 regulations and changes thereto, and development orders. The 9 local government shall consider those comments, if any, when 10 adopting such plans or regulations or when approving 11 development orders. Comments on plan amendments may be 12 provided to the Department for consideration in its compliance 13 review. 14 (e) Provide for the resolution of disputes between the 15 military and local governments, which may include the dispute 16 resolution processes contained in chapters 164 and 186. 17 (f) Provide for an oversight process, including an 18 opportunity for public participation, for the implementation 19 of the memorandum of agreement. 20 (g) Provide for the identification of amendments to 21 the comprehensive plan needed to ensure compatibility with the 22 military installation and consistency with the interlocal 23 agreement. 24 (4) A memorandum of agreement entered into pursuant to 25 this section must be consistent with the adopted comprehensive 26 plan, or an amendment to such plan adopted with in one year 27 after execution of the agreement, and land development 28 regulations of any local government that is a signatory. 29 (5) The commanding officer whose primary 30 responsibility is the operation of the military installation 31 is encouraged to provide information about any community 7 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 planning assistance grants that might be available to the 2 local government through the federal Office of Economic 3 Adjustment, as an incentive for communities to participate in 4 the Joint Land Use Study Program to facilitate the 5 compatibility of community planning and activities vital to 6 the national defense. 7 Section 5. A new paragraph (m) is added to subsection 8 (1) of section 163.3187, Florida Statutes, to read: 9 163.3187 Amendment of adopted comprehensive plan.-- 10 (1) Amendments to comprehensive plans adopted pursuant 11 to this part may be made not more than two times during any 12 calendar year, except: 13 (m) A comprehensive plan amendment that addresses 14 compatibility with military installations pursuant to the 15 military installation memorandum of agreement, does not count 16 toward the limitation on the frequency of plan amendments. 17 Section 6. A new paragraph (n) is added to subsection 18 (2) of section 163.3191, Florida Statutes, to read: 19 163.3191 Evaluation and appraisal of comprehensive 20 plan.-- 21 (2) The report shall present an evaluation and 22 assessment of the comprehensive plan and shall contain 23 appropriate statements to update the comprehensive plan, 24 including, but not limited to, words, maps, illustrations, or 25 other media, related to: 26 (n) An evaluation of the success or failure of the 27 military installation memorandum of agreement in resolving 28 land use compatibility in the proximity of military 29 installations. 30 Section 7. Subsection (13) is added to section 31 163.3167, Florida Statutes, to read: 8 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 163.3167 Scope of act.-- 2 (13)(a) If a local government grants a quasi-judicial 3 development order pursuant to its adopted land development 4 regulations and the order is not the subject of a pending 5 appeal, the right to commence and complete development 6 pursuant to the order may not be abrogated by a subsequent 7 judicial determination that such land development regulations 8 or any portion thereof are invalid because of a deficiency in 9 the approval standards. 10 (b) This subsection does not preclude or affect the 11 timely institution of a common law writ of certiorari 12 proceeding pursuant to Rule 9.190, Florida Rules of Appellate 13 Procedure or original proceedings pursuant to s. 163.3215. 14 (c) This subsection applies retroactively to any order 15 granted on or after January 1, 2002. 16 17 (Redesignate subsequent sections.) 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 On page 1, line 2 through 6 delete those lines 23 24 and insert: 25 An act relating to military affairs; amending 26 s. 627.7283, F.S.; requiring an insurer to 27 refund the entire unearned premium to any 28 member of the armed services who cancels a 29 policy under certain circumstances; amending s. 30 163.3164, F.S., providing a definition of 31 military installations; amending s. 163.3177, 9 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 F.S., providing for consideration of the 2 compatibility with military installations in 3 developing a future land use element to a 4 comprehensive plan; providing for the state 5 land planning agency to coordinate with the 6 Department of Defense on use compatibility 7 issues relating to military installations; 8 creating s. 163.31779, F.S., requiring certain 9 counties and municipalities to enter into 10 memoranda of agreement with military 11 installations to coordinate future land use 12 changes, local government comprehensive plans, 13 land development regulations, and development 14 orders; requiring a schedule for completion of 15 such agreements; requiring local governments to 16 seek public advise on such agreements; 17 identifying provisions that must be included in 18 such agreements at a minimum; requiring such 19 agreements to be consistent with adopted 20 comprehensive plans or amendments to such plans 21 adopted within one year after execution of the 22 agreement; requiring for the provision of 23 information regarding community planning 24 assistance grants; amending s. 163.3187, F.S., 25 exempting from certain restrictions on the 26 adoption of amendments to comprehensive plans 27 an amendment that addresses compatibility with 28 military installations based on a memorandum of 29 agreement; amending s. 163.3191, F.S., 30 requiring an evaluation of the success or 31 failure of the military installation memorandum 10 8:06 PM 04/30/03 s0594.ms11.2f
SENATE AMENDMENT Bill No. SB 594, 1st Eng. Amendment No. ___ Barcode 763468 1 of agreement in resolving land use 2 compatibility; amending s. 163.3167, F.S.; 3 prohibiting certain judicial abrogation of 4 quasi-judicial development orders issued by 5 local governments; providing for retroactive 6 application; providing 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 11 8:06 PM 04/30/03 s0594.ms11.2f
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