November 26, 2020
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424489
  Amendment
Bill No. 1865
Amendment No. 424489
CHAMBER ACTION
Senate House
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1Representative(s) Rice offered the following:
2
3     Amendment (with directory and title amendments)
4     Between lines 4391 and 4392, insert:
5
6     Section 39.  Section 163.3164, Florida Statutes, is amended
7to read:
8     163.3164  Local Government Comprehensive Planning and Land
9Development Regulation Act; definitions.--As used in this act:
10     (1)  "Administration Commission" means the Governor and the
11Cabinet, and for purposes of this chapter the commission shall
12act on a simple majority vote, except that for purposes of
13imposing the sanctions provided in s. 163.3184(11), affirmative
14action shall require the approval of the Governor and at least
15three other members of the commission.
16     (2)  "Area" or "area of jurisdiction" means the total area
17qualifying under the provisions of this act, whether this be all
18of the lands lying within the limits of an incorporated
19municipality, lands in and adjacent to incorporated
20municipalities, all unincorporated lands within a county, or
21areas comprising combinations of the lands in incorporated
22municipalities and unincorporated areas of counties.
23     (3)  "Coastal area" means the 35 coastal counties and all
24coastal municipalities within their boundaries designated
25coastal by the state land planning agency.
26     (4)  "Comprehensive plan" means a plan that meets the
27requirements of ss. 163.3177 and 163.3178.
28     (5)  "Developer" means any person, including a governmental
29agency, undertaking any development as defined in this act.
30     (6)  "Development" has the meaning given it in s. 380.04.
31     (7)  "Development order" means any order granting, denying,
32or granting with conditions an application for a development
33permit.
34     (8)  "Development permit" includes any building permit,
35zoning permit, subdivision approval, rezoning, certification,
36special exception, variance, or any other official action of
37local government having the effect of permitting the development
38of land.
39     (9)  "Governing body" means the board of county
40commissioners of a county, the commission or council of an
41incorporated municipality, or any other chief governing body of
42a unit of local government, however designated, or the
43combination of such bodies where joint utilization of the
44provisions of this act is accomplished as provided herein.
45     (10)  "Governmental agency" means:
46     (a)  The United States or any department, commission,
47agency, or other instrumentality thereof.
48     (b)  This state or any department, commission, agency, or
49other instrumentality thereof.
50     (c)  Any local government, as defined in this section, or
51any department, commission, agency, or other instrumentality
52thereof.
53     (d)  Any school board or other special district, authority,
54or governmental entity.
55     (11)  "Land" means the earth, water, and air, above, below,
56or on the surface, and includes any improvements or structures
57customarily regarded as land.
58     (12)  "Land use" means the development that has occurred on
59the land, the development that is proposed by a developer on the
60land, or the use that is permitted or permissible on the land
61under an adopted comprehensive plan or element or portion
62thereof, land development regulations, or a land development
63code, as the context may indicate.
64     (13)  "Local government" means any county or municipality.
65     (14)  "Local mitigation strategy" means a local plan
66required under Section 322, Mitigation Planning, of the Robert
67T. Stafford Disaster Relief and Emergency Assistance Act,
68enacted by Section 104 of the Disaster Mitigation Act of 2000
69(Pub. L. No. 106-390) to promote hazard mitigation and to manage
70disaster redevelopment.
71     (15)(14)  "Local planning agency" means the agency
72designated to prepare the comprehensive plan or plan amendments
73required by this act.
74     (16)(15)  A "newspaper of general circulation" means a
75newspaper published at least on a weekly basis and printed in
76the language most commonly spoken in the area within which it
77circulates, but does not include a newspaper intended primarily
78for members of a particular professional or occupational group,
79a newspaper whose primary function is to carry legal notices, or
80a newspaper that is given away primarily to distribute
81advertising.
82     (17)(16)  "Parcel of land" means any quantity of land
83capable of being described with such definiteness that its
84locations and boundaries may be established, which is designated
85by its owner or developer as land to be used, or developed as, a
86unit or which has been used or developed as a unit.
87     (18)(17)  "Person" means an individual, corporation,
88governmental agency, business trust, estate, trust, partnership,
89association, two or more persons having a joint or common
90interest, or any other legal entity.
91     (19)(18)  "Public notice" means notice as required by s.
92125.66(2) for a county or by s. 166.041(3)(a) for a
93municipality. The public notice procedures required in this part
94are established as minimum public notice procedures.
95     (20)(19)  "Regional planning agency" means the agency
96designated by the state land planning agency to exercise
97responsibilities under law in a particular region of the state.
98     (21)(20)  "State land planning agency" means the Department
99of Community Affairs.
100     (22)(21)  "Structure" has the meaning given it by s.
101380.031(19).
102     (23)(22)  "Land development regulation commission" means a
103commission designated by a local government to develop and
104recommend, to the local governing body, land development
105regulations which implement the adopted comprehensive plan and
106to review land development regulations, or amendments thereto,
107for consistency with the adopted plan and report to the
108governing body regarding its findings. The responsibilities of
109the land development regulation commission may be performed by
110the local planning agency.
111     (24)(23)  "Land development regulations" means ordinances
112enacted by governing bodies for the regulation of any aspect of
113development and includes any local government zoning, rezoning,
114subdivision, building construction, or sign regulations or any
115other regulations controlling the development of land, except
116that this definition shall not apply in s. 163.3213.
117     (25)(24)  "Public facilities" means major capital
118improvements, including, but not limited to, transportation,
119sanitary sewer, solid waste, drainage, potable water,
120educational, parks and recreational, and health systems and
121facilities, and spoil disposal sites for maintenance dredging
122located in the intracoastal waterways, except for spoil disposal
123sites owned or used by ports listed in s. 403.021(9)(b).
124     (26)(25)  "Downtown revitalization" means the physical and
125economic renewal of a central business district of a community
126as designated by local government, and includes both downtown
127development and redevelopment.
128     (27)(26)  "Urban redevelopment" means demolition and
129reconstruction or substantial renovation of existing buildings
130or infrastructure within urban infill areas or existing urban
131service areas.
132     (28)(27)  "Urban infill" means the development of vacant
133parcels in otherwise built-up areas where public facilities such
134as sewer systems, roads, schools, and recreation areas are
135already in place and the average residential density is at least
136five dwelling units per acre, the average nonresidential
137intensity is at least a floor area ratio of 1.0 and vacant,
138developable land does not constitute more than 10 percent of the
139area.
140     (29)(28)  "Projects that promote public transportation"
141means projects that directly affect the provisions of public
142transit, including transit terminals, transit lines and routes,
143separate lanes for the exclusive use of public transit services,
144transit stops (shelters and stations), office buildings or
145projects that include fixed-rail or transit terminals as part of
146the building, and projects which are transit oriented and
147designed to complement reasonably proximate planned or existing
148public facilities.
149     (30)(29)  "Existing urban service area" means built-up
150areas where public facilities and services such as sewage
151treatment systems, roads, schools, and recreation areas are
152already in place.
153     (31)(30)  "Transportation corridor management" means the
154coordination of the planning of designated future transportation
155corridors with land use planning within and adjacent to the
156corridor to promote orderly growth, to meet the concurrency
157requirements of this chapter, and to maintain the integrity of
158the corridor for transportation purposes.
159     (32)(31)  "Optional sector plan" means an optional process
160authorized by s. 163.3245 in which one or more local governments
161by agreement with the state land planning agency are allowed to
162address development-of-regional-impact issues within certain
163designated geographic areas identified in the local
164comprehensive plan as a means of fostering innovative planning
165and development strategies in s. 163.3177(11)(a) and (b),
166furthering the purposes of this part and part I of chapter 380,
167reducing overlapping data and analysis requirements, protecting
168regionally significant resources and facilities, and addressing
169extrajurisdictional impacts.
170     Section 40.  Paragraphs (a) and (g) of subsection (6) of
171section 163.3177, Florida Statutes, are amended to read:
172     163.3177  Required and optional elements of comprehensive
173plan; studies and surveys.--
174     (6)  In addition to the requirements of subsections
175(1)-(5), the comprehensive plan shall include the following
176elements:
177     (a)  A future land use plan element designating proposed
178future general distribution, location, and extent of the uses of
179land for residential uses, commercial uses, industry,
180agriculture, recreation, conservation, education, public
181buildings and grounds, other public facilities, and other
182categories of the public and private uses of land. Counties are
183encouraged to designate rural land stewardship areas, pursuant
184to the provisions of paragraph (11)(d), as overlays on the
185future land use map. Each future land use category must be
186defined in terms of uses included, and must include standards to
187be followed in the control and distribution of population
188densities and building and structure intensities. The proposed
189distribution, location, and extent of the various categories of
190land use shall be shown on a land use map or map series which
191shall be supplemented by goals, policies, and measurable
192objectives. The future land use plan shall be based upon
193surveys, studies, and data regarding the area, including the
194amount of land required to accommodate anticipated growth; the
195projected population of the area; the character of undeveloped
196land; the availability of public services; the vulnerability to
197natural hazards and the potential need for hazard mitigation;
198the need for redevelopment, including the renewal of blighted
199areas and the elimination of nonconforming uses which are
200inconsistent with the character of the community; the
201compatibility of uses on lands adjacent to or closely proximate
202to military installations; and, in rural communities, the need
203for job creation, capital investment, and economic development
204that will strengthen and diversify the community's economy. The
205future land use plan may designate areas for future planned
206development use involving combinations of types of uses for
207which special regulations may be necessary to ensure development
208in accord with the principles and standards of the comprehensive
209plan and this act. The future land use plan element shall
210include criteria to be used to achieve the compatibility of
211adjacent or closely proximate lands with military installations.
212In addition, for rural communities, the amount of land
213designated for future planned industrial use shall be based upon
214surveys and studies that reflect the need for job creation,
215capital investment, and the necessity to strengthen and
216diversify the local economies, and shall not be limited solely
217by the projected population of the rural community. The future
218land use plan of a county may also designate areas for possible
219future municipal incorporation. The land use maps or map series
220shall generally identify and depict historic district boundaries
221and shall designate historically significant properties meriting
222protection.  The future land use element must clearly identify
223the land use categories in which public schools are an allowable
224use.  When delineating the land use categories in which public
225schools are an allowable use, a local government shall include
226in the categories sufficient land proximate to residential
227development to meet the projected needs for schools in
228coordination with public school boards and may establish
229differing criteria for schools of different type or size.  Each
230local government shall include lands contiguous to existing
231school sites, to the maximum extent possible, within the land
232use categories in which public schools are an allowable use. All
233comprehensive plans must comply with the school siting
234requirements of this paragraph no later than October 1, 1999.
235The failure by a local government to comply with these school
236siting requirements by October 1, 1999, will result in the
237prohibition of the local government's ability to amend the local
238comprehensive plan, except for plan amendments described in s.
239163.3187(1)(b), until the school siting requirements are met.
240Amendments proposed by a local government for purposes of
241identifying the land use categories in which public schools are
242an allowable use or for adopting or amending the school-siting
243maps pursuant to s. 163.31776(3) are exempt from the limitation
244on the frequency of plan amendments contained in s. 163.3187.
245The future land use element shall include criteria that
246encourage the location of schools proximate to urban residential
247areas to the extent possible and shall require that the local
248government seek to collocate public facilities, such as parks,
249libraries, and community centers, with schools to the extent
250possible and to encourage the use of elementary schools as focal
251points for neighborhoods. For schools serving predominantly
252rural counties, defined as a county with a population of 100,000
253or fewer, an agricultural land use category shall be eligible
254for the location of public school facilities if the local
255comprehensive plan contains school siting criteria and the
256location is consistent with such criteria. Local governments
257required to update or amend their comprehensive plan to include
258criteria and address compatibility of adjacent or closely
259proximate lands with existing military installations in their
260future land use plan element shall transmit the update or
261amendment to the department by June 30, 2006.
262     (g)  For those units of local government identified in s.
263380.24, a coastal management element, appropriately related to
264the particular requirements of paragraphs (d) and (e) and
265meeting the requirements of s. 163.3178(2) and (3).  The coastal
266management element shall set forth the policies that shall guide
267the local government's decisions and program implementation with
268respect to the following objectives:
269     1.  Maintenance, restoration, and enhancement of the
270overall quality of the coastal zone environment, including, but
271not limited to, its amenities and aesthetic values.
272     2.  Continued existence of viable populations of all
273species of wildlife and marine life.
274     3.  The orderly and balanced utilization and preservation,
275consistent with sound conservation principles, of all living and
276nonliving coastal zone resources.
277     4.  Avoidance of irreversible and irretrievable loss of
278coastal zone resources.
279     5.  Ecological planning principles and assumptions to be
280used in the determination of suitability and extent of permitted
281development.
282     6.  Proposed management and regulatory techniques.
283     7.  Limitation of public expenditures that subsidize
284development in high-hazard coastal areas.
285     8.  Protection of human life against the effects of natural
286disasters and implementation of hazard-mitigation strategies.
287     9.  The orderly development, maintenance, and use of ports
288identified in s. 403.021(9) to facilitate deepwater commercial
289navigation and other related activities.
290     10.  Preservation, including sensitive adaptive use of
291historic and archaeological resources.
292     Section 41.  Paragraphs (d) and (f) of subsection (2) of
293section 163.3178, Florida Statutes, are amended, and subsection
294(9) is added to that section, to read:
295     163.3178  Coastal management.--
296     (2)  Each coastal management element required by s.
297163.3177(6)(g) shall be based on studies, surveys, and data; be
298consistent with coastal resource plans prepared and adopted
299pursuant to general or special law; and contain:
300     (d)  A component that which outlines principles for hazard
301mitigation and protection of human life and property against the
302effects of natural disaster, including population evacuation and
303local mitigation strategies that, which take into consideration
304the capability to safely evacuate the density of coastal
305population proposed in the future land use plan element in the
306event of an impending natural disaster.
307     (f)  A redevelopment component that which outlines the
308principles to which shall be used to eliminate inappropriate and
309unsafe development in the coastal areas when opportunities
310arise. In recognition of the need to balance redevelopment, the
311protection of human life and property, and public investment in
312infrastructure, as a demonstration project, up to five local
313governments or a combination of local governments may amend
314their comprehensive plans to allow for the redevelopment of
315coastal areas within the designated coastal high-hazard area.
316The application must include the participation of the county
317emergency management agency, as provided in s. 252.38, of the
318county or counties in which the local government or local
319governments are located.
320     1.  To be eligible for the coastal redevelopment
321demonstration project, the following conditions must be met: the
322comprehensive plan delineates the Flood Insurance Rate Map
323zones, the Coastal Construction Control Line, and the Coastal
324Barrier Resources System Area (COBRA) units for the area subject
325to the coastal redevelopment strategy; the area is part of a
326comprehensive redevelopment strategy that will be incorporated
327into the comprehensive plan; the area has been designated in the
328comprehensive plan as an urban infill and redevelopment area
329under s. 163.2517 or an adopted community redevelopment plan
330under s. 163.360 which is incorporated as a component of the
331comprehensive plan; the area is not within a designated area of
332critical state concern; the comprehensive plan delineates the
333coastal high-hazard area consistent with this part; and the
334county emergency management agency affirms in writing its intent
335to participate in the demonstration project.
336     2.  The local government or combination of local
337governments, authorized by agreement pursuant to paragraph
338(9)(b) to pursue the demonstration project, shall adopt into the
339comprehensive plan a redevelopment strategy, consistent with the
340requirements of s. 163.3177(6)(a) and local mitigation
341strategies, which includes, at a minimum, the following
342components:
343     a.  Measures to reduce, replace, or eliminate unsafe
344structures and properties subject to repetitive damage from
345coastal storms and floods;
346     b.  Measures to reduce exposure of infrastructure to
347hazards, including relocation and structural modification of
348threatened coastal infrastructure;
349     c.  Operational and capacity improvements to ensure that
350the redevelopment strategy maintains or reduces throughout the
351planning timeframe the county hurricane evacuation clearance
352times as established in the most recent hurricane evacuation
353study or transportation analysis;
354     d.  If the county hurricane evacuation clearance times
355exceed 16 hours for a Category 3 storm event, measures to ensure
356that the redevelopment strategy reduces the county shelter
357deficit and hurricane clearance times to adequate levels below
35816 hours within the planning timeframe;
359     e.  Measures that provide for county evacuation shelter
360space to ensure that development authorized within the
361redevelopment area provides mitigation proportional to its
362impact to offset the increased demand on evacuation clearance
363times and public shelter space;
364     f.  Measures to ensure that public expenditures that
365subsidize development in the most vulnerable areas of the
366coastal high hazard area are limited to those expenditures
367needed to provide for public access to the beach and shoreline,
368restore beaches and dunes and other natural systems, correct
369existing hurricane evacuation deficiencies, or to make
370facilities more disaster resistant;
371     g.  Measures that commit to planning and regulatory
372standards that exceed minimum National Flood Insurance
373Standards, including participation in the Community Rating
374System of the National Flood Insurance Program;
375     h.  Measures to ensure protection of coastal resources,
376including beach and dune systems, and provision for public
377access to the beach and shoreline consistent with estimated
378public needs;
379     i.  Data and analysis, including existing damage potential
380and the proportionate potential costs of damage to structures,
381property, and infrastructure under the redevelopment strategy,
382which would need to be less than that proportionately expected
383without the redevelopment strategy;
384     j.  Data and analysis forecasting the effects on shelter
385capacity and hurricane evacuation clearance times, based on the
386population anticipated by the redevelopment strategy; and
387     k.  The execution of an interlocal agreement, as supporting
388data and analysis, between the local government or a combination
389of local governments participating in the demonstration project,
390together with their respective county emergency management
391agency and any affected municipalities, as needed, to implement
392mitigation strategies to reduce hurricane evacuation clearance
393times and deficits in public shelters.
394
395The redevelopment strategy must establish the preferred
396character of the community and how that will be achieved.
397     (9)(a)  A local government seeking to implement the coastal
398redevelopment demonstration project pursuant to paragraph (2)(f)
399must submit an application to the state land planning agency
400demonstrating that the project meets the conditions of
401subparagraph (2)(f)1. The application must include copies of the
402local government comprehensive plan and other relevant
403information supporting the proposed demonstration project. The
404state land planning agency may adopt procedural rules governing
405the submission, review, and selection of applications and may
406establish a phased schedule for reviewing applications. The
407department shall begin accepting applications no later than July
4081, 2006. The state land planning agency shall provide the
409Federal Emergency Management Agency and the Division of
410Emergency Management with an opportunity to comment on the
411application.
412     (b)  If a selected local government meets the conditions of
413subparagraph (2)(f)1., the state land planning agency and the
414local government shall execute a written agreement that is a
415final agency action subject to challenge under s. 120.569. The
416written agreement must identify the area subject to the increase
417in development potential, including residential and transient
418residential development; state the amount of such increase;
419identify the most vulnerable areas not subject to increases in
420development; and describe how the conditions of subparagraph
421(2)(f)2. are to be met. The state land planning agency shall
422coordinate the review of hazard mitigation strategies with the
423Federal Emergency Management Agency and the Division of
424Emergency Management and include in the written agreement
425conditions necessary to be addressed in the comprehensive plan
426to meet the requirements of hurricane evacuation, shelter, and
427hazard mitigation. The agreement must specify procedures for
428public participation and intergovernmental coordination with the
429county emergency management agency and any affected
430municipalities regarding hurricane evacuation and shelter
431requirements. The local governments shall provide an opportunity
432for public comment at a public hearing before execution of the
433agreement. Upon execution of the written agreement, the local
434government may propose plan amendments that are authorized by
435the agreement; however, such plan amendments may not be adopted
436until the completion of any challenges to an agreement under s.
437120.569.
438     (c)  The state land planning agency shall provide a
439progress report on the demonstration project to the Governor,
440the President of the Senate, and the Speaker of the House of
441Representatives by February 1, 2007. In its report, the state
442land planning agency shall assess whether the program has
443successfully implemented mitigation strategies and whether the
444program should continue or be expanded to include additional
445communities.
446     Section 42.  Section 186.515, Florida Statutes, is amended
447to read:
448     186.515  Creation of regional planning councils under
449chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
450section 186.515 is intended to repeal or limit the provisions of
451chapter 163; however, the local general-purpose governments
452serving as voting members of the governing body of a regional
453planning council created pursuant to ss. 186.501-186.507,
454186.513, and this section 186.515 are not authorized to create a
455regional planning council pursuant to chapter 163 unless an
456agency, other than a regional planning council created pursuant
457to ss. 186.501-186.507, 186.513, and this section 186.515, is
458designated to exercise the powers and duties in any one or more
459of ss. 163.3164(20) 163.3164(19) and 380.031(15); in which case,
460such a regional planning council is also without authority to
461exercise the powers and duties in s. 163.3164(20) s.
462163.3164(19) or s. 380.031(15).
463     Section 43.  Paragraph (a) of subsection (2) of section
464288.975, Florida Statutes, is amended to read:
465     288.975  Military base reuse plans.--
466     (2)  As used in this section, the term:
467     (a)  "Affected local government" means a local government
468adjoining the host local government and any other unit of local
469government that is not a host local government but that is
470identified in a proposed military base reuse plan as providing,
471operating, or maintaining one or more public facilities as
472defined in s. 163.3164(25) s. 163.3164(24) on lands within or
473serving a military base designated for closure by the Federal
474Government.
475     Section 44.  Subsection (5) of section 369.303, Florida
476Statutes, is amended to read:
477     369.303  Definitions.--As used in this part:
478     (5)  "Land development regulation" means a regulation
479covered by the definition in s. 163.3164(24) s. 163.3164(23) and
480any of the types of regulations described in s. 163.3202.
481
482
483
484================ T I T L E  A M E N D M E N T =============
485     Remove line 267 and insert:
486
487certain staffing purposes; amending s. 163.3164, F.S.;
488defining the term "local mitigation strategy" for purposes
489of the Local Government Comprehensive Planning and Land
490Development Regulation Act; amending s. 163.3177, F.S.;
491providing an additional requirement for a local
492government's comprehensive plan concerning hazard
493mitigation; amending s. 163.3178, F.S.; revising
494provisions with respect to coastal management; authorizing
495a demonstration project in certain counties to allow for
496the redevelopment of coastal areas within the designated
497coastal high hazard area; providing conditions; providing
498for application by a local government; providing for a
499written agreement between the state land planning agency
500and the local government; providing for a progress report
501to the Governor and the Legislature; amending ss. 186.515,
502288.975, and 369.303, F.S.; correcting cross references to
503conform; providing an effective date.


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