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Amendment CaShTmL-862538.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360, 1st Eng.
                        Barcode 862538
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 07:38 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 18, between lines 24 and 25,
15  
16  insert:  
17         (11)
18         (d)1.  The department, in cooperation with the
19  Department of Agriculture and Consumer Services, the
20  Department of Environmental Protection, water management
21  districts, and regional planning councils, shall provide
22  assistance to local governments in the implementation of this
23  paragraph and rule 9J-5.006(5)(l), Florida Administrative
24  Code.  Implementation of those provisions shall include a
25  process by which the department may authorize local
26  governments to designate all or portions of lands classified
27  in the future land use element as predominantly agricultural,
28  rural, open, open-rural, or a substantively equivalent land
29  use, as a rural land stewardship area within which planning
30  and economic incentives are applied to encourage the
31  implementation of innovative and flexible planning and
                                  1
    5:16 PM   05/03/05                              s0360.21ca.00q

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 development strategies and creative land use planning 2 techniques, including those contained herein and in rule 3 9J-5.006(5)(l), Florida Administrative Code. Assistance may 4 include, but is not limited to: 5 a. Assistance from the Department of Environmental 6 Protection and water management districts in creating the 7 geographic information systems land cover database and aerial 8 photogrammetry needed to prepare for a rural land stewardship 9 area; 10 b. Support for local government implementation of 11 rural land stewardship concepts by providing information and 12 assistance to local governments regarding land acquisition 13 programs that may be used by the local government or 14 landowners to leverage the protection of greater acreage and 15 maximize the effectiveness of rural land stewardship areas; 16 and 17 c. Expansion of the role of the Department of 18 Community Affairs as a resource agency to facilitate 19 establishment of rural land stewardship areas in smaller rural 20 counties that do not have the staff or planning budgets to 21 create a rural land stewardship area. 22 2. The department shall encourage participation by 23 local governments of different sizes and rural characteristics 24 in establishing and implementing rural land stewardship areas. 25 It is the intent of the Legislature that rural land 26 stewardship areas be used to further the following broad 27 principles of rural sustainability: restoration and 28 maintenance of the economic value of rural land; control of 29 urban sprawl; identification and protection of ecosystems, 30 habitats, and natural resources; promotion of rural economic 31 activity; maintenance of the viability of Florida's 2 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 agricultural economy; and protection of the character of rural 2 areas of Florida. Rural land stewardship areas may be 3 multicounty in order to encourage coordinated regional 4 stewardship planning. 5 3. A local government, in conjunction with a regional 6 planning council, a stakeholder organization of private land 7 owners, or another local government, shall notify the 8 department in writing of its intent to designate a rural land 9 stewardship area. The written notification shall describe the 10 basis for the designation, including the extent to which the 11 rural land stewardship area enhances rural land values, 12 controls urban sprawl, provides necessary open space for 13 agriculture and protection of the natural environment, 14 promotes rural economic activity, and maintains rural 15 character and the economic viability of agriculture. 16 4. A rural land stewardship area shall be not less 17 than 10,000 acres and shall be located outside of 18 municipalities and established urban growth boundaries, and 19 shall be designated by plan amendment. The plan amendment 20 designating a rural land stewardship area shall be subject to 21 review by the Department of Community Affairs pursuant to s. 22 163.3184 and shall provide for the following: 23 a. Criteria for the designation of receiving areas 24 within rural land stewardship areas in which innovative 25 planning and development strategies may be applied. Criteria 26 shall at a minimum provide for the following: adequacy of 27 suitable land to accommodate development so as to avoid 28 conflict with environmentally sensitive areas, resources, and 29 habitats; compatibility between and transition from higher 30 density uses to lower intensity rural uses; the establishment 31 of receiving area service boundaries which provide for a 3 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 separation between receiving areas and other land uses within 2 the rural land stewardship area through limitations on the 3 extension of services; and connection of receiving areas with 4 the rest of the rural land stewardship area using rural design 5 and rural road corridors. 6 b. Goals, objectives, and policies setting forth the 7 innovative planning and development strategies to be applied 8 within rural land stewardship areas pursuant to the provisions 9 of this section. 10 c. A process for the implementation of innovative 11 planning and development strategies within the rural land 12 stewardship area, including those described in this subsection 13 and rule 9J-5.006(5)(l), Florida Administrative Code, which 14 provide for a functional mix of land uses, including adequate 15 available work force housing, including low, very-low and 16 moderate income housing for the development anticipated in the 17 receiving area and which are applied through the adoption by 18 the local government of zoning and land development 19 regulations applicable to the rural land stewardship area. 20 d. A process which encourages visioning pursuant to s. 21 163.3167(11) to ensure that innovative planning and 22 development strategies comply with the provisions of this 23 section. 24 e. The control of sprawl through the use of innovative 25 strategies and creative land use techniques consistent with 26 the provisions of this subsection and rule 9J-5.006(5)(l), 27 Florida Administrative Code. 28 5. A receiving area shall be designated by the 29 adoption of a land development regulation. Prior to the 30 designation of a receiving area, the local government shall 31 provide the Department of Community Affairs a period of 30 4 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 days in which to review a proposed receiving area for 2 consistency with the rural land stewardship area plan 3 amendment and to provide comments to the local government. At 4 the time of designation of a stewardship receiving area, a 5 listed species survey will be performed. If listed species 6 occur on the receiving area site, the developer shall 7 coordinate with each appropriate local, state, or federal 8 agency to determine if adequate provisions have been made to 9 protect those species in accordance with applicable 10 regulations. In determining the adequacy of provisions for the 11 protection of listed species and their habitats, the rural 12 land stewardship area shall be considered as a whole, and the 13 impacts to areas to be developed as receiving areas shall be 14 considered together with the environmental benefits of areas 15 protected as sending areas in fulfilling this criteria. 16 6. Upon the adoption of a plan amendment creating a 17 rural land stewardship area, the local government shall, by 18 ordinance, establish the methodology for the creation, 19 conveyance, and use of transferrable rural land use credits, 20 otherwise referred to as stewardship credits, the application 21 of assign to the area a certain number of credits, to be known 22 as "transferable rural land use credits," which shall not 23 constitute a right to develop land, nor increase density of 24 land, except as provided by this section. The total amount of 25 transferable rural land use credits within assigned to the 26 rural land stewardship area must enable the realization of the 27 long-term vision and goals for correspond to the 25-year or 28 greater projected population of the rural land stewardship 29 area. Transferable rural land use credits are subject to the 30 following limitations: 31 a. Transferable rural land use credits may only exist 5 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 within a rural land stewardship area. 2 b. Transferable rural land use credits may only be 3 used on lands designated as receiving areas and then solely 4 for the purpose of implementing innovative planning and 5 development strategies and creative land use planning 6 techniques adopted by the local government pursuant to this 7 section. 8 c. Transferable rural land use credits assigned to a 9 parcel of land within a rural land stewardship area shall 10 cease to exist if the parcel of land is removed from the rural 11 land stewardship area by plan amendment. 12 d. Neither the creation of the rural land stewardship 13 area by plan amendment nor the assignment of transferable 14 rural land use credits by the local government shall operate 15 to displace the underlying density of land uses assigned to a 16 parcel of land within the rural land stewardship area; 17 however, if transferable rural land use credits are 18 transferred from a parcel for use within a designated 19 receiving area, the underlying density assigned to the parcel 20 of land shall cease to exist. 21 e. The underlying density on each parcel of land 22 located within a rural land stewardship area shall not be 23 increased or decreased by the local government, except as a 24 result of the conveyance or use of transferable rural land use 25 credits, as long as the parcel remains within the rural land 26 stewardship area. 27 f. Transferable rural land use credits shall cease to 28 exist on a parcel of land where the underlying density 29 assigned to the parcel of land is utilized. 30 g. An increase in the density of use on a parcel of 31 land located within a designated receiving area may occur only 6 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 through the assignment or use of transferable rural land use 2 credits and shall not require a plan amendment. 3 h. A change in the density of land use on parcels 4 located within receiving areas shall be specified in a 5 development order which reflects the total number of 6 transferable rural land use credits assigned to the parcel of 7 land and the infrastructure and support services necessary to 8 provide for a functional mix of land uses corresponding to the 9 plan of development. 10 i. Land within a rural land stewardship area may be 11 removed from the rural land stewardship area through a plan 12 amendment. 13 j. Transferable rural land use credits may be assigned 14 at different ratios of credits per acre according to the 15 natural resource or other beneficial use characteristics of 16 the land and according to the land use remaining following the 17 transfer of credits, with the highest number of credits per 18 acre assigned to the most environmentally valuable land or, in 19 locations where the retention of and a lesser number of 20 credits to be assigned to open space and agricultural land is 21 a priority, to such lands. 22 k. The use or conveyance of transferable rural land 23 use credits must be recorded in the public records of the 24 county in which the property is located as a covenant or 25 restrictive easement running with the land in favor of the 26 county and either the Department of Environmental Protection, 27 Department of Agriculture and Consumer Services, a water 28 management district, or a recognized statewide land trust. 29 7. Owners of land within rural land stewardship areas 30 should be provided incentives to enter into rural land 31 stewardship agreements, pursuant to existing law and rules 7 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 adopted thereto, with state agencies, water management 2 districts, and local governments to achieve mutually agreed 3 upon conservation objectives. Such incentives may include, 4 but not be limited to, the following: 5 a. Opportunity to accumulate transferable mitigation 6 credits. 7 b. Extended permit agreements. 8 c. Opportunities for recreational leases and 9 ecotourism. 10 d. Payment for specified land management services on 11 publicly owned land, or property under covenant or restricted 12 easement in favor of a public entity. 13 e. Option agreements for sale to public entities or 14 private land conservation entities, in either fee or easement, 15 upon achievement of conservation objectives. 16 8. The department shall report to the Legislature on 17 an annual basis on the results of implementation of rural land 18 stewardship areas authorized by the department, including 19 successes and failures in achieving the intent of the 20 Legislature as expressed in this paragraph. 21 (e) The Legislature finds that mixed-use, high-density 22 development is appropriate for urban infill and redevelopment 23 areas. Mixed-use projects accommodate a variety of uses, 24 including residential and commercial, and usually at higher 25 densities that promote pedestrian-friendly, sustainable 26 communities. The Legislature recognizes that mixed-use, 27 high-density development improves the quality of life for 28 residents and businesses in urban areas. The Legislature finds 29 that mixed-use, high-density redevelopment and infill benefits 30 residents by creating a livable community with alternative 31 modes of transportation. Furthermore, the Legislature finds 8 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 that local zoning ordinances often discourage mixed-use, 2 high-density development in areas that are appropriate for 3 urban infill and redevelopment. The Legislature intends to 4 discourage single-use zoning in urban areas which often leads 5 to lower-density, land-intensive development outside an urban 6 service area. Therefore, the Department of Community Affairs 7 shall provide technical assistance to local governments in 8 order to encourage mixed-use, high-density urban infill and 9 redevelopment projects. 10 (f) The Legislature finds that a program for the 11 transfer of development rights is a useful tool to preserve 12 historic buildings and create public open spaces in urban 13 areas. A program for the transfer of development rights allows 14 the transfer of density credits from historic properties and 15 public open spaces to areas designated for high-density 16 development. The Legislature recognizes that high-density 17 development is integral to the success of many urban infill 18 and redevelopment projects. The Legislature intends to 19 encourage high-density urban infill and redevelopment while 20 preserving historic structures and open spaces. Therefore, the 21 Department of Community Affairs shall provide technical 22 assistance to local governments in order to promote the 23 transfer of development rights within urban areas for 24 high-density infill and redevelopment projects. 25 (g) The implementation of this subsection shall be 26 subject to the provisions of this chapter, chapters 186 and 27 187, and applicable agency rules. 28 (h) The department may adopt rules necessary to 29 implement the provisions of this subsection. 30 31 9 5:16 PM 05/03/05 s0360.21ca.00q
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 862538 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 22, after the semicolon 4 5 insert: 6 revising the requirements and criteria for 7 establishing a rural land stewardship area; 8 revising the requirements for designating a 9 stewardship receiving area to address listed 10 species; revising requirements for an ordinance 11 adopting a plan amendment to create a rural 12 land stewardship area; 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10 5:16 PM 05/03/05 s0360.21ca.00q
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