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Amendment CaShTmL-283352.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360
                        Barcode 283352
                            CHAMBER ACTION
              Senate                               House
 1                  WD/2R          .                    
       05/02/2005 01:36 PM         .                    
 2                                 .                    
 3                                 .                    
 4  ______________________________________________________________
10  ______________________________________________________________
11  Senator Jones moved the following amendment:
13         Senate Amendment (with title amendment) 
14         On page 134, between lines 11 and 12,
16  insert:  
17         Section 31.  Paragraphs (d) and (f) of subsection (2)
18  of section 163.3178, Florida Statutes, are amended, and
19  subsection (9) is added to that section, to read:
20         163.3178  Coastal management.--
21         (2)  Each coastal management element required by s.
22  163.3177(6)(g) shall be based on studies, surveys, and data;
23  be consistent with coastal resource plans prepared and adopted
24  pursuant to general or special law; and contain:
25         (d)  A component that which outlines principles for
26  hazard mitigation and protection of human life and property
27  against the effects of natural disaster, including population
28  evacuation and local mitigation strategies that, which take
29  into consideration the capability to safely evacuate the
30  density of coastal population proposed in the future land use
31  plan element in the event of an impending natural disaster.
    10:08 AM   04/28/05                            s0360c3c-13-tb8

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 283352 1 (f) A redevelopment component that which outlines the 2 principles to which shall be used to eliminate inappropriate 3 and unsafe development in the coastal areas when opportunities 4 arise. In recognition of the need to balance redevelopment, 5 the protection of human life and property, and public 6 investment in infrastructure, as a demonstration project, up 7 to five local governments or a combination of local 8 governments may amend their comprehensive plans to allow for 9 the redevelopment of coastal areas within the designated 10 coastal high-hazard area. The application must include the 11 participation of the county emergency management agency, as 12 provided in s. 252.38, in which the local government or local 13 governments are located. 14 1. To be eligible for the coastal redevelopment 15 demonstration project, the following conditions must be met: 16 the comprehensive plan delineates the Flood Insurance Rate Map 17 zones, the Coastal Construction Control Line, and the Coastal 18 Barrier Resources System Area (COBRA) units for the area 19 subject to the coastal redevelopment strategy; the area is 20 part of a comprehensive redevelopment strategy that will be 21 incorporated into the comprehensive plan; the area has been 22 designated in the comprehensive plan as an urban infill and 23 redevelopment area under s. 163.2517 or an adopted community 24 redevelopment plan under s. 163.360 which is incorporated as a 25 component of the comprehensive plan; the area is not within a 26 designated area of critical state concern; the comprehensive 27 plan delineates the coastal high-hazard area consistent with 28 this part; and the county emergency management agency affirms 29 in writing its intent to participate in the demonstration 30 project. 31 2. The local government or combination of local 2 10:08 AM 04/28/05 s0360c3c-13-tb8
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 283352 1 governments, authorized by agreement pursuant to paragraph 2 (9)(b) to pursue the demonstration project, shall adopt into 3 the comprehensive plan a redevelopment strategy, consistent 4 with the requirements of s. 163.3177(6)(a) and local 5 mitigation strategies, which includes, at a minimum, the 6 following components: 7 a. Measures to reduce, replace, or eliminate unsafe 8 structures and properties subject to repetitive damage from 9 coastal storms and floods; 10 b. Measures to reduce exposure of infrastructure to 11 hazards, including relocation and structural modification of 12 threatened coastal infrastructure; 13 c. Operational and capacity improvements to ensure 14 that the redevelopment strategy maintains or reduces 15 throughout the planning timeframe the county hurricane 16 evacuation clearance times as established in the most recent 17 hurricane evacuation study or transportation analysis; 18 d. If the county hurricane evacuation clearance times 19 exceed 16 hours for a Category 3 storm event, measures to 20 ensure that the redevelopment strategy reduces the county 21 shelter deficit and hurricane clearance times to adequate 22 levels below 16 hours within the planning timeframe; 23 e. Measures that provide for county evacuation shelter 24 space to ensure that development authorized within the 25 redevelopment area provides mitigation proportional to its 26 impact to offset the increased demand on evacuation clearance 27 times and public shelter space; 28 f. Measures to ensure that public expenditures that 29 subsidize development in the most vulnerable areas of the 30 coastal high hazard area are limited to those expenditures 31 needed to provide for public access to the beach and 3 10:08 AM 04/28/05 s0360c3c-13-tb8
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 283352 1 shoreline, restore beaches and dunes and other natural 2 systems, correct existing hurricane evacuation deficiencies, 3 or to make facilities more disaster resistant; 4 g. Measures that commit to planning and regulatory 5 standards that exceed minimum National Flood Insurance 6 Standards, including participation in the Community Rating 7 System of the National Flood Insurance Program; 8 h. Measures to ensure protection of coastal resources, 9 including beach and dune systems, and provision for public 10 access to the beach and shoreline consistent with estimated 11 public needs; 12 i. Data and analysis, including existing damage 13 potential and the proportionate potential costs of damage to 14 structures, property, and infrastructure under the 15 redevelopment strategy, which would need to be less than that 16 proportionately expected without the redevelopment strategy; 17 j. Data and analysis forecasting the effects on 18 shelter capacity and hurricane evacuation clearance times, 19 based on the population anticipated by the redevelopment 20 strategy; and 21 k. The execution of an interlocal agreement, as 22 supporting data and analysis, between the local government or 23 a combination of local governments participating in the 24 demonstration project, together with their respective county 25 emergency management agency and any affected municipalities, 26 as needed, to implement mitigation strategies to reduce 27 hurricane evacuation clearance times and deficits in public 28 shelters. 29 30 The redevelopment strategy must establish the preferred 31 character of the community and how that will be achieved. 4 10:08 AM 04/28/05 s0360c3c-13-tb8
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 283352 1 (9)(a) A local government seeking to implement the 2 coastal redevelopment demonstration project pursuant to 3 paragraph (2)(f) must submit an application to the state land 4 planning agency demonstrating that the project meets the 5 conditions of subparagraph (2)(f)1. The application must 6 include copies of the local government comprehensive plan and 7 other relevant information supporting the proposed 8 demonstration project. The state land planning agency may 9 adopt procedural rules governing the submission, review, and 10 selection of applications and may establish a phased schedule 11 for reviewing applications. The department shall begin 12 accepting applications no later than July 1, 2006. The state 13 land planning agency shall provide the Federal Emergency 14 Management Agency and the Division of Emergency Management 15 with an opportunity to comment on the application. 16 (b) If a selected local government meets the 17 conditions of subparagraph (2)(f)1., the state land planning 18 agency and the local government shall execute a written 19 agreement that is a final agency action subject to challenge 20 under s. 120.569. The written agreement must identify the area 21 subject to the increase in development potential, including 22 residential and transient residential development; state the 23 amount of such increase; identify the most vulnerable areas 24 not subject to increases in development; and describe how the 25 conditions of subparagraph (2)(f)2. are to be met. The state 26 land planning agency shall coordinate the review of hazard 27 mitigation strategies with the Federal Emergency Management 28 Agency and the Division of Emergency Management and include in 29 the written agreement conditions necessary to be addressed in 30 the comprehensive plan to meet the requirements of hurricane 31 evacuation, shelter, and hazard mitigation. The agreement must 5 10:08 AM 04/28/05 s0360c3c-13-tb8
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 283352 1 specify procedures for public participation and 2 intergovernmental coordination with the county emergency 3 management agency and any affected municipalities regarding 4 hurricane evacuation and shelter requirements. The local 5 governments shall provide an opportunity for public comment at 6 a public hearing before execution of the agreement. Upon 7 execution of the written agreement, the local government may 8 propose plan amendments that are authorized by the agreement; 9 however, such plan amendments may not be adopted until the 10 completion of any challenges to an agreement under s. 120.569. 11 (c) The state land planning agency shall provide a 12 progress report on the demonstration project to the Governor, 13 the President of the Senate, and the Speaker of the House of 14 Representatives by February 1, 2007. In its report, the state 15 land planning agency shall assess whether the program has 16 successfully implemented mitigation strategies and whether the 17 program should continue or be expanded to include additional 18 communities. 19 20 (Redesignate subsequent sections.) 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 6, line 13, after the semicolon, 26 27 insert: 28 amending s. 163.3178, F.S.; revising provisions 29 with respect to coastal management; authorizing 30 a demonstration project in certain counties to 31 allow for the redevelopment of coastal areas 6 10:08 AM 04/28/05 s0360c3c-13-tb8
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 283352 1 within the designated coastal high-hazard area; 2 providing conditions; providing for application 3 by a local government; providing for a written 4 agreement between the state land planning 5 agency and the local government; providing for 6 a progress report to the Governor and the 7 Legislature; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 10:08 AM 04/28/05 s0360c3c-13-tb8
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