Bill No. 1865
Amendment No. 495915
Senate House

1Representative(s) Rice offered the following:
3     Amendment to Amendment (000417) (with directory and title
5Between lines 4087 and 4088, insert:
7     Section 39.  Section 163.3164, Florida Statutes, is amended
8to read:
9     163.3164  Local Government Comprehensive Planning and Land
10Development Regulation Act; definitions.--As used in this act:
11     (1)  "Administration Commission" means the Governor and the
12Cabinet, and for purposes of this chapter the commission shall
13act on a simple majority vote, except that for purposes of
14imposing the sanctions provided in s. 163.3184(11), affirmative
15action shall require the approval of the Governor and at least
16three other members of the commission.
17     (2)  "Area" or "area of jurisdiction" means the total area
18qualifying under the provisions of this act, whether this be all
19of the lands lying within the limits of an incorporated
20municipality, lands in and adjacent to incorporated
21municipalities, all unincorporated lands within a county, or
22areas comprising combinations of the lands in incorporated
23municipalities and unincorporated areas of counties.
24     (3)  "Coastal area" means the 35 coastal counties and all
25coastal municipalities within their boundaries designated
26coastal by the state land planning agency.
27     (4)  "Comprehensive plan" means a plan that meets the
28requirements of ss. 163.3177 and 163.3178.
29     (5)  "Developer" means any person, including a governmental
30agency, undertaking any development as defined in this act.
31     (6)  "Development" has the meaning given it in s. 380.04.
32     (7)  "Development order" means any order granting, denying,
33or granting with conditions an application for a development
35     (8)  "Development permit" includes any building permit,
36zoning permit, subdivision approval, rezoning, certification,
37special exception, variance, or any other official action of
38local government having the effect of permitting the development
39of land.
40     (9)  "Governing body" means the board of county
41commissioners of a county, the commission or council of an
42incorporated municipality, or any other chief governing body of
43a unit of local government, however designated, or the
44combination of such bodies where joint utilization of the
45provisions of this act is accomplished as provided herein.
46     (10)  "Governmental agency" means:
47     (a)  The United States or any department, commission,
48agency, or other instrumentality thereof.
49     (b)  This state or any department, commission, agency, or
50other instrumentality thereof.
51     (c)  Any local government, as defined in this section, or
52any department, commission, agency, or other instrumentality
54     (d)  Any school board or other special district, authority,
55or governmental entity.
56     (11)  "Land" means the earth, water, and air, above, below,
57or on the surface, and includes any improvements or structures
58customarily regarded as land.
59     (12)  "Land use" means the development that has occurred on
60the land, the development that is proposed by a developer on the
61land, or the use that is permitted or permissible on the land
62under an adopted comprehensive plan or element or portion
63thereof, land development regulations, or a land development
64code, as the context may indicate.
65     (13)  "Local government" means any county or municipality.
66     (14)  "Local mitigation strategy" means a local plan
67required under Section 322, Mitigation Planning, of the Robert
68T. Stafford Disaster Relief and Emergency Assistance Act,
69enacted by Section 104 of the Disaster Mitigation Act of 2000
70(Pub. L. No. 106-390) to promote hazard mitigation and to manage
71disaster redevelopment.
72     (15)(14)  "Local planning agency" means the agency
73designated to prepare the comprehensive plan or plan amendments
74required by this act.
75     (16)(15)  A "newspaper of general circulation" means a
76newspaper published at least on a weekly basis and printed in
77the language most commonly spoken in the area within which it
78circulates, but does not include a newspaper intended primarily
79for members of a particular professional or occupational group,
80a newspaper whose primary function is to carry legal notices, or
81a newspaper that is given away primarily to distribute
83     (17)(16)  "Parcel of land" means any quantity of land
84capable of being described with such definiteness that its
85locations and boundaries may be established, which is designated
86by its owner or developer as land to be used, or developed as, a
87unit or which has been used or developed as a unit.
88     (18)(17)  "Person" means an individual, corporation,
89governmental agency, business trust, estate, trust, partnership,
90association, two or more persons having a joint or common
91interest, or any other legal entity.
92     (19)(18)  "Public notice" means notice as required by s.
93125.66(2) for a county or by s. 166.041(3)(a) for a
94municipality. The public notice procedures required in this part
95are established as minimum public notice procedures.
96     (20)(19)  "Regional planning agency" means the agency
97designated by the state land planning agency to exercise
98responsibilities under law in a particular region of the state.
99     (21)(20)  "State land planning agency" means the Department
100of Community Affairs.
101     (22)(21)  "Structure" has the meaning given it by s.
103     (23)(22)  "Land development regulation commission" means a
104commission designated by a local government to develop and
105recommend, to the local governing body, land development
106regulations which implement the adopted comprehensive plan and
107to review land development regulations, or amendments thereto,
108for consistency with the adopted plan and report to the
109governing body regarding its findings. The responsibilities of
110the land development regulation commission may be performed by
111the local planning agency.
112     (24)(23)  "Land development regulations" means ordinances
113enacted by governing bodies for the regulation of any aspect of
114development and includes any local government zoning, rezoning,
115subdivision, building construction, or sign regulations or any
116other regulations controlling the development of land, except
117that this definition shall not apply in s. 163.3213.
118     (25)(24)  "Public facilities" means major capital
119improvements, including, but not limited to, transportation,
120sanitary sewer, solid waste, drainage, potable water,
121educational, parks and recreational, and health systems and
122facilities, and spoil disposal sites for maintenance dredging
123located in the intracoastal waterways, except for spoil disposal
124sites owned or used by ports listed in s. 403.021(9)(b).
125     (26)(25)  "Downtown revitalization" means the physical and
126economic renewal of a central business district of a community
127as designated by local government, and includes both downtown
128development and redevelopment.
129     (27)(26)  "Urban redevelopment" means demolition and
130reconstruction or substantial renovation of existing buildings
131or infrastructure within urban infill areas or existing urban
132service areas.
133     (28)(27)  "Urban infill" means the development of vacant
134parcels in otherwise built-up areas where public facilities such
135as sewer systems, roads, schools, and recreation areas are
136already in place and the average residential density is at least
137five dwelling units per acre, the average nonresidential
138intensity is at least a floor area ratio of 1.0 and vacant,
139developable land does not constitute more than 10 percent of the
141     (29)(28)  "Projects that promote public transportation"
142means projects that directly affect the provisions of public
143transit, including transit terminals, transit lines and routes,
144separate lanes for the exclusive use of public transit services,
145transit stops (shelters and stations), office buildings or
146projects that include fixed-rail or transit terminals as part of
147the building, and projects which are transit oriented and
148designed to complement reasonably proximate planned or existing
149public facilities.
150     (30)(29)  "Existing urban service area" means built-up
151areas where public facilities and services such as sewage
152treatment systems, roads, schools, and recreation areas are
153already in place.
154     (31)(30)  "Transportation corridor management" means the
155coordination of the planning of designated future transportation
156corridors with land use planning within and adjacent to the
157corridor to promote orderly growth, to meet the concurrency
158requirements of this chapter, and to maintain the integrity of
159the corridor for transportation purposes.
160     (32)(31)  "Optional sector plan" means an optional process
161authorized by s. 163.3245 in which one or more local governments
162by agreement with the state land planning agency are allowed to
163address development-of-regional-impact issues within certain
164designated geographic areas identified in the local
165comprehensive plan as a means of fostering innovative planning
166and development strategies in s. 163.3177(11)(a) and (b),
167furthering the purposes of this part and part I of chapter 380,
168reducing overlapping data and analysis requirements, protecting
169regionally significant resources and facilities, and addressing
170extrajurisdictional impacts.
171     Section 40.  Paragraphs (a) and (g) of subsection (6) of
172section 163.3177, Florida Statutes, are amended to read:
173     163.3177  Required and optional elements of comprehensive
174plan; studies and surveys.--
175     (6)  In addition to the requirements of subsections
176(1)-(5), the comprehensive plan shall include the following
178     (a)  A future land use plan element designating proposed
179future general distribution, location, and extent of the uses of
180land for residential uses, commercial uses, industry,
181agriculture, recreation, conservation, education, public
182buildings and grounds, other public facilities, and other
183categories of the public and private uses of land. Counties are
184encouraged to designate rural land stewardship areas, pursuant
185to the provisions of paragraph (11)(d), as overlays on the
186future land use map. Each future land use category must be
187defined in terms of uses included, and must include standards to
188be followed in the control and distribution of population
189densities and building and structure intensities. The proposed
190distribution, location, and extent of the various categories of
191land use shall be shown on a land use map or map series which
192shall be supplemented by goals, policies, and measurable
193objectives. The future land use plan shall be based upon
194surveys, studies, and data regarding the area, including the
195amount of land required to accommodate anticipated growth; the
196projected population of the area; the character of undeveloped
197land; the availability of public services; the vulnerability to
198natural hazards and the potential need for hazard mitigation;
199the need for redevelopment, including the renewal of blighted
200areas and the elimination of nonconforming uses which are
201inconsistent with the character of the community; the
202compatibility of uses on lands adjacent to or closely proximate
203to military installations; and, in rural communities, the need
204for job creation, capital investment, and economic development
205that will strengthen and diversify the community's economy. The
206future land use plan may designate areas for future planned
207development use involving combinations of types of uses for
208which special regulations may be necessary to ensure development
209in accord with the principles and standards of the comprehensive
210plan and this act. The future land use plan element shall
211include criteria to be used to achieve the compatibility of
212adjacent or closely proximate lands with military installations.
213In addition, for rural communities, the amount of land
214designated for future planned industrial use shall be based upon
215surveys and studies that reflect the need for job creation,
216capital investment, and the necessity to strengthen and
217diversify the local economies, and shall not be limited solely
218by the projected population of the rural community. The future
219land use plan of a county may also designate areas for possible
220future municipal incorporation. The land use maps or map series
221shall generally identify and depict historic district boundaries
222and shall designate historically significant properties meriting
223protection.  The future land use element must clearly identify
224the land use categories in which public schools are an allowable
225use.  When delineating the land use categories in which public
226schools are an allowable use, a local government shall include
227in the categories sufficient land proximate to residential
228development to meet the projected needs for schools in
229coordination with public school boards and may establish
230differing criteria for schools of different type or size.  Each
231local government shall include lands contiguous to existing
232school sites, to the maximum extent possible, within the land
233use categories in which public schools are an allowable use. All
234comprehensive plans must comply with the school siting
235requirements of this paragraph no later than October 1, 1999.
236The failure by a local government to comply with these school
237siting requirements by October 1, 1999, will result in the
238prohibition of the local government's ability to amend the local
239comprehensive plan, except for plan amendments described in s.
240163.3187(1)(b), until the school siting requirements are met.
241Amendments proposed by a local government for purposes of
242identifying the land use categories in which public schools are
243an allowable use or for adopting or amending the school-siting
244maps pursuant to s. 163.31776(3) are exempt from the limitation
245on the frequency of plan amendments contained in s. 163.3187.
246The future land use element shall include criteria that
247encourage the location of schools proximate to urban residential
248areas to the extent possible and shall require that the local
249government seek to collocate public facilities, such as parks,
250libraries, and community centers, with schools to the extent
251possible and to encourage the use of elementary schools as focal
252points for neighborhoods. For schools serving predominantly
253rural counties, defined as a county with a population of 100,000
254or fewer, an agricultural land use category shall be eligible
255for the location of public school facilities if the local
256comprehensive plan contains school siting criteria and the
257location is consistent with such criteria. Local governments
258required to update or amend their comprehensive plan to include
259criteria and address compatibility of adjacent or closely
260proximate lands with existing military installations in their
261future land use plan element shall transmit the update or
262amendment to the department by June 30, 2006.
263     (g)  For those units of local government identified in s.
264380.24, a coastal management element, appropriately related to
265the particular requirements of paragraphs (d) and (e) and
266meeting the requirements of s. 163.3178(2) and (3).  The coastal
267management element shall set forth the policies that shall guide
268the local government's decisions and program implementation with
269respect to the following objectives:
270     1.  Maintenance, restoration, and enhancement of the
271overall quality of the coastal zone environment, including, but
272not limited to, its amenities and aesthetic values.
273     2.  Continued existence of viable populations of all
274species of wildlife and marine life.
275     3.  The orderly and balanced utilization and preservation,
276consistent with sound conservation principles, of all living and
277nonliving coastal zone resources.
278     4.  Avoidance of irreversible and irretrievable loss of
279coastal zone resources.
280     5.  Ecological planning principles and assumptions to be
281used in the determination of suitability and extent of permitted
283     6.  Proposed management and regulatory techniques.
284     7.  Limitation of public expenditures that subsidize
285development in high-hazard coastal areas.
286     8.  Protection of human life against the effects of natural
287disasters and implementation of hazard-mitigation strategies.
288     9.  The orderly development, maintenance, and use of ports
289identified in s. 403.021(9) to facilitate deepwater commercial
290navigation and other related activities.
291     10.  Preservation, including sensitive adaptive use of
292historic and archaeological resources.
293     Section 41.  Paragraphs (d) and (f) of subsection (2) of
294section 163.3178, Florida Statutes, are amended, and subsection
295(9) is added to that section, to read:
296     163.3178  Coastal management.--
297     (2)  Each coastal management element required by s.
298163.3177(6)(g) shall be based on studies, surveys, and data; be
299consistent with coastal resource plans prepared and adopted
300pursuant to general or special law; and contain:
301     (d)  A component that which outlines principles for hazard
302mitigation and protection of human life and property against the
303effects of natural disaster, including population evacuation and
304local mitigation strategies that, which take into consideration
305the capability to safely evacuate the density of coastal
306population proposed in the future land use plan element in the
307event of an impending natural disaster.
308     (f)  A redevelopment component that which outlines the
309principles to which shall be used to eliminate inappropriate and
310unsafe development in the coastal areas when opportunities
311arise. In recognition of the need to balance redevelopment, the
312protection of human life and property, and public investment in
313infrastructure, as a demonstration project, up to five local
314governments or a combination of local governments may amend
315their comprehensive plans to allow for the redevelopment of
316coastal areas within the designated coastal high-hazard area.
317The application must include the participation of the county
318emergency management agency, as provided in s. 252.38, of the
319county or counties in which the local government or local
320governments are located.
321     1.  To be eligible for the coastal redevelopment
322demonstration project, the following conditions must be met: the
323comprehensive plan delineates the Flood Insurance Rate Map
324zones, the Coastal Construction Control Line, and the Coastal
325Barrier Resources System Area (COBRA) units for the area subject
326to the coastal redevelopment strategy; the area is part of a
327comprehensive redevelopment strategy that will be incorporated
328into the comprehensive plan; the area has been designated in the
329comprehensive plan as an urban infill and redevelopment area
330under s. 163.2517 or an adopted community redevelopment plan
331under s. 163.360 which is incorporated as a component of the
332comprehensive plan; the area is not within a designated area of
333critical state concern; the comprehensive plan delineates the
334coastal high-hazard area consistent with this part; and the
335county emergency management agency affirms in writing its intent
336to participate in the demonstration project.
337     2.  The local government or combination of local
338governments, authorized by agreement pursuant to paragraph
339(9)(b) to pursue the demonstration project, shall adopt into the
340comprehensive plan a redevelopment strategy, consistent with the
341requirements of s. 163.3177(6)(a) and local mitigation
342strategies, which includes, at a minimum, the following
344     a.  Measures to reduce, replace, or eliminate unsafe
345structures and properties subject to repetitive damage from
346coastal storms and floods;
347     b.  Measures to reduce exposure of infrastructure to
348hazards, including relocation and structural modification of
349threatened coastal infrastructure;
350     c.  Operational and capacity improvements to ensure that
351the redevelopment strategy maintains or reduces throughout the
352planning timeframe the county hurricane evacuation clearance
353times as established in the most recent hurricane evacuation
354study or transportation analysis;
355     d.  If the county hurricane evacuation clearance times
356exceed 16 hours for a Category 3 storm event, measures to ensure
357that the redevelopment strategy reduces the county shelter
358deficit and hurricane clearance times to adequate levels below
35916 hours within the planning timeframe;
360     e.  Measures that provide for county evacuation shelter
361space to ensure that development authorized within the
362redevelopment area provides mitigation proportional to its
363impact to offset the increased demand on evacuation clearance
364times and public shelter space;
365     f.  Measures to ensure that public expenditures that
366subsidize development in the most vulnerable areas of the
367coastal high hazard area are limited to those expenditures
368needed to provide for public access to the beach and shoreline,
369restore beaches and dunes and other natural systems, correct
370existing hurricane evacuation deficiencies, or to make
371facilities more disaster resistant;
372     g.  Measures that commit to planning and regulatory
373standards that exceed minimum National Flood Insurance
374Standards, including participation in the Community Rating
375System of the National Flood Insurance Program;
376     h.  Measures to ensure protection of coastal resources,
377including beach and dune systems, and provision for public
378access to the beach and shoreline consistent with estimated
379public needs;
380     i.  Data and analysis, including existing damage potential
381and the proportionate potential costs of damage to structures,
382property, and infrastructure under the redevelopment strategy,
383which would need to be less than that proportionately expected
384without the redevelopment strategy;
385     j.  Data and analysis forecasting the effects on shelter
386capacity and hurricane evacuation clearance times, based on the
387population anticipated by the redevelopment strategy; and
388     k.  The execution of an interlocal agreement, as supporting
389data and analysis, between the local government or a combination
390of local governments participating in the demonstration project,
391together with their respective county emergency management
392agency and any affected municipalities, as needed, to implement
393mitigation strategies to reduce hurricane evacuation clearance
394times and deficits in public shelters.
396The redevelopment strategy must establish the preferred
397character of the community and how that will be achieved.
398     (9)(a)  A local government seeking to implement the coastal
399redevelopment demonstration project pursuant to paragraph (2)(f)
400must submit an application to the state land planning agency
401demonstrating that the project meets the conditions of
402subparagraph (2)(f)1. The application must include copies of the
403local government comprehensive plan and other relevant
404information supporting the proposed demonstration project. The
405state land planning agency may adopt procedural rules governing
406the submission, review, and selection of applications and may
407establish a phased schedule for reviewing applications. The
408department shall begin accepting applications no later than July
4091, 2006. The state land planning agency shall provide the
410Federal Emergency Management Agency and the Division of
411Emergency Management with an opportunity to comment on the
413     (b)  If a selected local government meets the conditions of
414subparagraph (2)(f)1., the state land planning agency and the
415local government shall execute a written agreement that is a
416final agency action subject to challenge under s. 120.569. The
417written agreement must identify the area subject to the increase
418in development potential, including residential and transient
419residential development; state the amount of such increase;
420identify the most vulnerable areas not subject to increases in
421development; and describe how the conditions of subparagraph
422(2)(f)2. are to be met. The state land planning agency shall
423coordinate the review of hazard mitigation strategies with the
424Federal Emergency Management Agency and the Division of
425Emergency Management and include in the written agreement
426conditions necessary to be addressed in the comprehensive plan
427to meet the requirements of hurricane evacuation, shelter, and
428hazard mitigation. The agreement must specify procedures for
429public participation and intergovernmental coordination with the
430county emergency management agency and any affected
431municipalities regarding hurricane evacuation and shelter
432requirements. The local governments shall provide an opportunity
433for public comment at a public hearing before execution of the
434agreement. Upon execution of the written agreement, the local
435government may propose plan amendments that are authorized by
436the agreement; however, such plan amendments may not be adopted
437until the completion of any challenges to an agreement under s.
439     (c)  The state land planning agency shall provide a
440progress report on the demonstration project to the Governor,
441the President of the Senate, and the Speaker of the House of
442Representatives by February 1, 2007. In its report, the state
443land planning agency shall assess whether the program has
444successfully implemented mitigation strategies and whether the
445program should continue or be expanded to include additional
447     Section 42.  Section 186.515, Florida Statutes, is amended
448to read:
449     186.515  Creation of regional planning councils under
450chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and this
451section 186.515 is intended to repeal or limit the provisions of
452chapter 163; however, the local general-purpose governments
453serving as voting members of the governing body of a regional
454planning council created pursuant to ss. 186.501-186.507,
455186.513, and this section 186.515 are not authorized to create a
456regional planning council pursuant to chapter 163 unless an
457agency, other than a regional planning council created pursuant
458to ss. 186.501-186.507, 186.513, and this section 186.515, is
459designated to exercise the powers and duties in any one or more
460of ss. 163.3164(20) 163.3164(19) and 380.031(15); in which case,
461such a regional planning council is also without authority to
462exercise the powers and duties in s. 163.3164(20) s.
463163.3164(19) or s. 380.031(15).
464     Section 43.  Paragraph (a) of subsection (2) of section
465288.975, Florida Statutes, is amended to read:
466     288.975  Military base reuse plans.--
467     (2)  As used in this section, the term:
468     (a)  "Affected local government" means a local government
469adjoining the host local government and any other unit of local
470government that is not a host local government but that is
471identified in a proposed military base reuse plan as providing,
472operating, or maintaining one or more public facilities as
473defined in s. 163.3164(25) s. 163.3164(24) on lands within or
474serving a military base designated for closure by the Federal
476     Section 44.  Subsection (5) of section 369.303, Florida
477Statutes, is amended to read:
478     369.303  Definitions.--As used in this part:
479     (5)  "Land development regulation" means a regulation
480covered by the definition in s. 163.3164(24) s. 163.3164(23) and
481any of the types of regulations described in s. 163.3202.
483================ T I T L E  A M E N D M E N T =============
484     Remove line 4358 and insert:
486certain staffing purposes; amending s. 163.3164, F.S.;
487defining the term "local mitigation strategy" for purposes
488of the Local Government Comprehensive Planning and Land
489Development Regulation Act; amending s. 163.3177, F.S.;
490providing an additional requirement for a local
491government's comprehensive plan concerning hazard
492mitigation; amending s. 163.3178, F.S.; revising
493provisions with respect to coastal management; authorizing
494a demonstration project in certain counties to allow for
495the redevelopment of coastal areas within the designated
496coastal high hazard area; providing conditions; providing
497for application by a local government; providing for a
498written agreement between the state land planning agency
499and the local government; providing for a progress report
500to the Governor and the Legislature; amending ss. 186.515,
501288.975, and 369.303, F.S.; correcting cross references to
502conform; providing an effective date.

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

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