Bill Text: FL S1216 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community Development
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-30 [S1216 Detail]
Download: Florida-2015-S1216-Comm_Sub.html
Bill Title: Community Development
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-30 [S1216 Detail]
Download: Florida-2015-S1216-Comm_Sub.html
Florida Senate - 2015 CS for CS for SB 1216
By the Committees on Fiscal Policy; and Community Affairs; and
Senator Simpson
594-03788-15 20151216c2
1 A bill to be entitled
2 An act relating to community development; amending s.
3 163.08, F.S.; declaring that there is a compelling
4 state interest in enabling property owners to
5 voluntarily finance certain improvements to property
6 damaged by sinkhole activity with local government
7 assistance; expanding the definition of the term
8 “qualifying improvement” to include stabilization or
9 other repairs to property damaged by sinkhole
10 activity; providing that stabilization or other
11 repairs to property damaged by sinkhole activity are
12 qualifying improvements considered affixed to a
13 building or facility; revising the form of a specified
14 written disclosure statement to include an assessment
15 for a qualifying improvement relating to stabilization
16 or repair of property damaged by sinkhole activity;
17 amending s. 163.3175, F.S.; deleting obsolete
18 provisions; amending s. 163.3184, F.S.; requiring plan
19 amendments proposing a development that qualifies as a
20 development of regional impact to be subject to the
21 state coordinated review process; amending s.
22 163.3245, F.S.; providing that other requirements of
23 this chapter inconsistent with or superseded by
24 certain planning standards relating to a long-term
25 master plan do not apply; providing that other
26 requirements of this chapter inconsistent with or
27 superseded by certain planning standards relating to
28 detailed specific area plans do not apply; providing
29 that conservation easements may be based on digital
30 orthophotography prepared by licensed surveyor and
31 mapper and may include a right of adjustment subject
32 to certain requirements; providing that substitution
33 is accomplished by recording an amendment to a
34 conservation easement as accepted by and with the
35 consent of the grantee; requiring the applicant for a
36 detailed specific area plan to transmit copies of the
37 application to specified reviewing agencies for review
38 and comment; requiring such agency comments to be
39 submitted to the local government having jurisdiction
40 and to the state land planning agency, subject to
41 certain requirements; authorizing the Department of
42 Environmental Protection, the Fish and Wildlife
43 Conservation Commission, or the water management
44 district to accept compensatory mitigation under
45 certain circumstances, pursuant to a specified section
46 or chapter; providing that the adoption of a long-term
47 master plan or a detailed specific area plan pursuant
48 to this section does not limit the right to establish
49 new agricultural or silvicultural uses under certain
50 circumstances; allowing an applicant with an approved
51 master development order to request that the
52 applicable water management district issue a specified
53 consumptive use permit for the same period of time as
54 the approved master development order; providing
55 applicability; providing that a local government is
56 not precluded from requiring data and analysis beyond
57 the minimum criteria established in this section;
58 amending s. 163.3246, F.S.; removing restrictions on
59 certain exemptions; providing legislative intent;
60 designating Pasco County as a pilot community;
61 requiring the state land planning agency to provide a
62 written certification to Pasco County within a certain
63 timeframe; providing requirements for certain plan
64 amendments; requiring the Office of Program Policy
65 Analysis and Government Accountability to submit a
66 report and recommendations to the Governor and the
67 Legislature by a certain date; providing requirements
68 for the report; amending s. 163.3248, F.S.; removing
69 the requirement that regional planning councils
70 provide assistance in developing a plan for a rural
71 land stewardship area; amending s. 163.340, F.S.;
72 expanding the definition of the term “blighted area”
73 to include a substantial number or percentage of
74 properties damaged by sinkhole activity which are not
75 adequately repaired or stabilized; conforming a cross
76 reference; amending s. 163.524, F.S.; conforming a
77 cross-reference; repealing s. 186.0201, F.S., relating
78 to electric substation planning; amending s. 186.505,
79 F.S.; removing the power of regional planning councils
80 to establish and conduct cross-acceptance negotiation
81 processes; creating s. 186.512, F.S.; subdividing the
82 state into specified geographic regions for the
83 purpose of regional comprehensive planning;
84 authorizing the Governor to review and update the
85 district boundaries of the regional planning councils;
86 providing requirements to aid in the transition of
87 regional planning councils; amending s. 186.513, F.S.;
88 deleting the requirement that regional planning
89 councils make joint reports and recommendations;
90 amending s. 190.005, F.S.; requiring community
91 development districts up to a certain size located
92 within a connected-city corridor to be established
93 pursuant to an ordinance; amending s. 253.7828, F.S.;
94 conforming provisions to changes made by the act;
95 repealing s. 260.018, F.S., relating to agency
96 recognition of certain publicly owned lands and
97 waters; amending s. 339.135, F.S.; deleting obsolete
98 provisions; amending s. 339.155, F.S.; removing
99 certain duties of regional planning councils; amending
100 s. 373.236, F.S.; authorizing a water management
101 district to issue a permit to an applicant for the
102 same period of time as the applicant’s approved master
103 development order, subject to certain requirements and
104 restrictions; amending s. 380.06, F.S.; removing the
105 requirement that certain developers submit biennial
106 reports to regional planning agencies; providing that
107 new proposed developments are subject to the state
108 coordinated review process and not the development of
109 regional impact review process; amending s. 403.50663,
110 F.S.; removing requirements relating to certain
111 informational public meetings; amending s. 403.507,
112 F.S.; removing the requirement that regional planning
113 councils prepare reports addressing the impact of
114 proposed electrical power plants; amending s. 403.508,
115 F.S.; removing the requirement that regional planning
116 councils participate in certain proceedings; amending
117 s. 403.5115, F.S.; conforming provisions to changes
118 made by the act; amending s. 403.526, F.S.; removing
119 the requirement that regional planning councils
120 prepare reports addressing the impact of proposed
121 transmission lines or corridors; amending s. 403.527,
122 F.S.; removing the requirement that regional planning
123 councils parties participate in certain proceedings;
124 amending s. 403.5272, F.S.; conforming provisions to
125 changes made by the act; amending s. 403.7264, F.S.;
126 removing the requirement that regional planning
127 councils assist with amnesty days for purging small
128 quantities of hazardous wastes; amending s. 403.941,
129 F.S.; removing the requirement that regional planning
130 councils prepare reports addressing the impact of
131 proposed natural gas transmission lines or corridors;
132 amending s. 403.9411, F.S.; removing the requirement
133 that regional planning councils participate in certain
134 proceedings; amending ss. 419.001 and 985.682, F.S.;
135 removing provisions relating to the use of a certain
136 dispute resolution process; providing an effective
137 date.
138
139 Be It Enacted by the Legislature of the State of Florida:
140
141 Section 1. Present paragraph (c) of subsection (1) of
142 section 163.08, Florida Statutes, is redesignated as paragraph
143 (d), a new paragraph (c) is added to that subsection, and
144 paragraph (b) of subsection (2) and subsections (10) and (14) of
145 that section are amended, to read:
146 163.08 Supplemental authority for improvements to real
147 property.—
148 (1)
149 (c) The Legislature finds that properties damaged by
150 sinkhole activity which are not adequately repaired may
151 negatively affect the market valuation of surrounding
152 properties, resulting in the loss of property tax revenues to
153 local communities. The Legislature finds that there is a
154 compelling state interest in providing local government
155 assistance to enable property owners to voluntarily finance
156 qualified improvements to property damaged by sinkhole activity.
157 (2) As used in this section, the term:
158 (b) “Qualifying improvement” includes any:
159 1. Energy conservation and efficiency improvement, which is
160 a measure to reduce consumption through conservation or a more
161 efficient use of electricity, natural gas, propane, or other
162 forms of energy on the property, including, but not limited to,
163 air sealing; installation of insulation; installation of energy
164 efficient heating, cooling, or ventilation systems; building
165 modifications to increase the use of daylight; replacement of
166 windows; installation of energy controls or energy recovery
167 systems; installation of electric vehicle charging equipment;
168 and installation of efficient lighting equipment.
169 2. Renewable energy improvement, which is the installation
170 of any system in which the electrical, mechanical, or thermal
171 energy is produced from a method that uses one or more of the
172 following fuels or energy sources: hydrogen, solar energy,
173 geothermal energy, bioenergy, and wind energy.
174 3. Wind resistance improvement, which includes, but is not
175 limited to:
176 a. Improving the strength of the roof deck attachment;
177 b. Creating a secondary water barrier to prevent water
178 intrusion;
179 c. Installing wind-resistant shingles;
180 d. Installing gable-end bracing;
181 e. Reinforcing roof-to-wall connections;
182 f. Installing storm shutters; or
183 g. Installing opening protections.
184 4. Stabilization or other repairs to property damaged by
185 sinkhole activity.
186 (10) A qualifying improvement shall be affixed to a
187 building or facility that is part of the property and shall
188 constitute an improvement to the building or facility or a
189 fixture attached to the building or facility. For the purposes
190 of stabilization or other repairs to property damaged by
191 sinkhole activity, a qualifying improvement is deemed affixed to
192 a building or facility. An agreement between a local government
193 and a qualifying property owner may not cover wind-resistance
194 improvements in buildings or facilities under new construction
195 or construction for which a certificate of occupancy or similar
196 evidence of substantial completion of new construction or
197 improvement has not been issued.
198 (14) At or before the time a purchaser executes a contract
199 for the sale and purchase of any property for which a non-ad
200 valorem assessment has been levied under this section and has an
201 unpaid balance due, the seller shall give the prospective
202 purchaser a written disclosure statement in the following form,
203 which shall be set forth in the contract or in a separate
204 writing:
205
206 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
207 RENEWABLE ENERGY, OR WIND RESISTANCE, OR SINKHOLE
208 STABILIZATION OR REPAIR.—The property being purchased
209 is located within the jurisdiction of a local
210 government that has placed an assessment on the
211 property pursuant to s. 163.08, Florida Statutes. The
212 assessment is for a qualifying improvement to the
213 property relating to energy efficiency, renewable
214 energy, or wind resistance, or stabilization or repair
215 of property damaged by sinkhole activity, and is not
216 based on the value of property. You are encouraged to
217 contact the county property appraiser’s office to
218 learn more about this and other assessments that may
219 be provided by law.
220 Section 2. Subsection (9) of section 163.3175, Florida
221 Statutes, is amended to read:
222 163.3175 Legislative findings on compatibility of
223 development with military installations; exchange of information
224 between local governments and military installations.—
225 (9) If a local government, as required under s.
226 163.3177(6)(a), does not adopt criteria and address
227 compatibility of lands adjacent to or closely proximate to
228 existing military installations in its future land use plan
229 element by June 30, 2012, the local government, the military
230 installation, the state land planning agency, and other parties
231 as identified by the regional planning council, including, but
232 not limited to, private landowner representatives, shall enter
233 into mediation conducted pursuant to s. 186.509. If the local
234 government comprehensive plan does not contain criteria
235 addressing compatibility by December 31, 2013, the agency may
236 notify the Administration Commission. The Administration
237 Commission may impose sanctions pursuant to s. 163.3184(8). Any
238 local government that amended its comprehensive plan to address
239 military installation compatibility requirements after 2004 and
240 was found to be in compliance is deemed to be in compliance with
241 this subsection until the local government conducts its
242 evaluation and appraisal review pursuant to s. 163.3191 and
243 determines that amendments are necessary to meet updated general
244 law requirements.
245 Section 3. Paragraph (c) of subsection (2) of section
246 163.3184, Florida Statutes, is amended to read:
247 163.3184 Process for adoption of comprehensive plan or plan
248 amendment.—
249 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
250 (c) Plan amendments that are in an area of critical state
251 concern designated pursuant to s. 380.05; propose a rural land
252 stewardship area pursuant to s. 163.3248; propose a sector plan
253 pursuant to s. 163.3245; update a comprehensive plan based on an
254 evaluation and appraisal pursuant to s. 163.3191; propose a
255 development that qualifies as a development of regional impact
256 pursuant to s. 380.06 s. 380.06(24)(x); or are new plans for
257 newly incorporated municipalities adopted pursuant to s.
258 163.3167 shall follow the state coordinated review process in
259 subsection (4).
260 Section 4. Present subsection (13) of section 163.3245,
261 Florida Statutes, is redesignated as subsection (14),
262 subsections (3) and (9) of that section are amended, and a new
263 subsection (13) and subsection (15) are added to that section,
264 to read:
265 163.3245 Sector plans.—
266 (3) Sector planning encompasses two levels: adoption
267 pursuant to s. 163.3184 of a long-term master plan for the
268 entire planning area as part of the comprehensive plan, and
269 adoption by local development order of two or more detailed
270 specific area plans that implement the long-term master plan and
271 within which s. 380.06 is waived.
272 (a) In addition to the other requirements of this chapter,
273 except for those that are inconsistent with or superseded by the
274 planning standards of this paragraph, a long-term master plan
275 pursuant to this section must include maps, illustrations, and
276 text supported by data and analysis to address the following:
277 1. A framework map that, at a minimum, generally depicts
278 areas of urban, agricultural, rural, and conservation land use;
279 identifies allowed uses in various parts of the planning area;
280 specifies maximum and minimum densities and intensities of use;
281 and provides the general framework for the development pattern
282 in developed areas with graphic illustrations based on a
283 hierarchy of places and functional place-making components.
284 2. A general identification of the water supplies needed
285 and available sources of water, including water resource
286 development and water supply development projects, and water
287 conservation measures needed to meet the projected demand of the
288 future land uses in the long-term master plan.
289 3. A general identification of the transportation
290 facilities to serve the future land uses in the long-term master
291 plan, including guidelines to be used to establish each modal
292 component intended to optimize mobility.
293 4. A general identification of other regionally significant
294 public facilities necessary to support the future land uses,
295 which may include central utilities provided onsite within the
296 planning area, and policies setting forth the procedures to be
297 used to mitigate the impacts of future land uses on public
298 facilities.
299 5. A general identification of regionally significant
300 natural resources within the planning area based on the best
301 available data and policies setting forth the procedures for
302 protection or conservation of specific resources consistent with
303 the overall conservation and development strategy for the
304 planning area.
305 6. General principles and guidelines addressing the urban
306 form and the interrelationships of future land uses; the
307 protection and, as appropriate, restoration and management of
308 lands identified for permanent preservation through recordation
309 of conservation easements consistent with s. 704.06, which shall
310 be phased or staged in coordination with detailed specific area
311 plans to reflect phased or staged development within the
312 planning area; achieving a more clean, healthy environment;
313 limiting urban sprawl; providing a range of housing types;
314 protecting wildlife and natural areas; advancing the efficient
315 use of land and other resources; creating quality communities of
316 a design that promotes travel by multiple transportation modes;
317 and enhancing the prospects for the creation of jobs.
318 7. Identification of general procedures and policies to
319 facilitate intergovernmental coordination to address
320 extrajurisdictional impacts from the future land uses.
321
322 A long-term master plan adopted pursuant to this section may be
323 based upon a planning period longer than the generally
324 applicable planning period of the local comprehensive plan,
325 shall specify the projected population within the planning area
326 during the chosen planning period, and may include a phasing or
327 staging schedule that allocates a portion of the local
328 government’s future growth to the planning area through the
329 planning period. A long-term master plan adopted pursuant to
330 this section is not required to demonstrate need based upon
331 projected population growth or on any other basis.
332 (b) In addition to the other requirements of this chapter,
333 except for those that are inconsistent with or superseded by the
334 planning standards of this paragraph, the detailed specific area
335 plans shall be consistent with the long-term master plan and
336 must include conditions and commitments that provide for:
337 1. Development or conservation of an area of at least 1,000
338 acres consistent with the long-term master plan. The local
339 government may approve detailed specific area plans of less than
340 1,000 acres based on local circumstances if it is determined
341 that the detailed specific area plan furthers the purposes of
342 this part and part I of chapter 380.
343 2. Detailed identification and analysis of the maximum and
344 minimum densities and intensities of use and the distribution,
345 extent, and location of future land uses.
346 3. Detailed identification of water resource development
347 and water supply development projects and related infrastructure
348 and water conservation measures to address water needs of
349 development in the detailed specific area plan.
350 4. Detailed identification of the transportation facilities
351 to serve the future land uses in the detailed specific area
352 plan.
353 5. Detailed identification of other regionally significant
354 public facilities, including public facilities outside the
355 jurisdiction of the host local government, impacts of future
356 land uses on those facilities, and required improvements
357 consistent with the long-term master plan.
358 6. Public facilities necessary to serve development in the
359 detailed specific area plan, including developer contributions
360 in a 5-year capital improvement schedule of the affected local
361 government.
362 7. Detailed analysis and identification of specific
363 measures to ensure the protection and, as appropriate,
364 restoration and management of lands within the boundary of the
365 detailed specific area plan identified for permanent
366 preservation through recordation of conservation easements
367 consistent with s. 704.06, which easements shall be effective
368 before or concurrent with the effective date of the detailed
369 specific area plan and other important resources both within and
370 outside the host jurisdiction. Any such conservation easement
371 may be based on digital orthophotography prepared by a surveyor
372 and mapper licensed under chapter 472 and may include a right of
373 adjustment authorizing the grantor to modify portions of the
374 area protected by a conservation easement and substitute other
375 lands in their place if the lands to be substituted contain no
376 less gross acreage than the lands to be removed; have equivalent
377 values in the proportion and quality of wetlands, uplands, and
378 wildlife habitat; and are contiguous to other lands protected by
379 the conservation easement. Substitution is accomplished by
380 recording an amendment to the conservation easement as accepted
381 by and with the consent of the grantee, and which consent may
382 not be unreasonably withheld.
383 8. Detailed principles and guidelines addressing the urban
384 form and the interrelationships of future land uses; achieving a
385 more clean, healthy environment; limiting urban sprawl;
386 providing a range of housing types; protecting wildlife and
387 natural areas; advancing the efficient use of land and other
388 resources; creating quality communities of a design that
389 promotes travel by multiple transportation modes; and enhancing
390 the prospects for the creation of jobs.
391 9. Identification of specific procedures to facilitate
392 intergovernmental coordination to address extrajurisdictional
393 impacts from the detailed specific area plan.
394
395 A detailed specific area plan adopted by local development order
396 pursuant to this section may be based upon a planning period
397 longer than the generally applicable planning period of the
398 local comprehensive plan and shall specify the projected
399 population within the specific planning area during the chosen
400 planning period. A detailed specific area plan adopted pursuant
401 to this section is not required to demonstrate need based upon
402 projected population growth or on any other basis. All lands
403 identified in the long-term master plan for permanent
404 preservation shall be subject to a recorded conservation
405 easement consistent with s. 704.06 before or concurrent with the
406 effective date of the final detailed specific area plan to be
407 approved within the planning area. Any such conservation
408 easement may be based on digital orthophotography prepared by a
409 surveyor and mapper licensed under chapter 472 and may include a
410 right of adjustment authorizing the grantor to modify portions
411 of the area protected by a conservation easement and substitute
412 other lands in their place if the lands to be substituted
413 contain no less gross acreage than the lands to be removed; have
414 equivalent values in the proportion and quality of wetlands,
415 uplands, and wildlife habitat; and are contiguous to other lands
416 protected by the conservation easement. Substitution is
417 accomplished by recording an amendment to the conservation
418 easement as accepted by and with the consent of the grantee, and
419 which consent may not be unreasonably withheld.
420 (c) In its review of a long-term master plan, the state
421 land planning agency shall consult with the Department of
422 Agriculture and Consumer Services, the Department of
423 Environmental Protection, the Fish and Wildlife Conservation
424 Commission, and the applicable water management district
425 regarding the design of areas for protection and conservation of
426 regionally significant natural resources and for the protection
427 and, as appropriate, restoration and management of lands
428 identified for permanent preservation.
429 (d) In its review of a long-term master plan, the state
430 land planning agency shall consult with the Department of
431 Transportation, the applicable metropolitan planning
432 organization, and any urban transit agency regarding the
433 location, capacity, design, and phasing or staging of major
434 transportation facilities in the planning area.
435 (e) Whenever a local government issues a development order
436 approving a detailed specific area plan, a copy of such order
437 shall be rendered to the state land planning agency and the
438 owner or developer of the property affected by such order, as
439 prescribed by rules of the state land planning agency for a
440 development order for a development of regional impact. Within
441 45 days after the order is rendered, the owner, the developer,
442 or the state land planning agency may appeal the order to the
443 Florida Land and Water Adjudicatory Commission by filing a
444 petition alleging that the detailed specific area plan is not
445 consistent with the comprehensive plan or with the long-term
446 master plan adopted pursuant to this section. The appellant
447 shall furnish a copy of the petition to the opposing party, as
448 the case may be, and to the local government that issued the
449 order. The filing of the petition stays the effectiveness of the
450 order until after completion of the appeal process. However, if
451 a development order approving a detailed specific area plan has
452 been challenged by an aggrieved or adversely affected party in a
453 judicial proceeding pursuant to s. 163.3215, and a party to such
454 proceeding serves notice to the state land planning agency, the
455 state land planning agency shall dismiss its appeal to the
456 commission and shall have the right to intervene in the pending
457 judicial proceeding pursuant to s. 163.3215. Proceedings for
458 administrative review of an order approving a detailed specific
459 area plan shall be conducted consistent with s. 380.07(6). The
460 commission shall issue a decision granting or denying permission
461 to develop pursuant to the long-term master plan and the
462 standards of this part and may attach conditions or restrictions
463 to its decisions.
464 (f) The applicant for a detailed specific area plan shall
465 transmit copies of the application to the reviewing agencies
466 specified in s. 163.3184(1)(c), or their successor agencies, for
467 review and comment as to whether the detailed specific area plan
468 is consistent with the comprehensive plan and the long-term
469 master plan. Any comments from the reviewing agencies shall be
470 submitted in writing to the local government with jurisdiction
471 and to the state land planning agency within 30 days after the
472 applicant’s transmittal of the application.
473 (g)(f) This subsection does not prevent preparation and
474 approval of the sector plan and detailed specific area plan
475 concurrently or in the same submission.
476 (h) If an applicant seeks to use wetland or upland
477 preservation achieved by granting conservation easements
478 required under this section as compensatory mitigation for
479 permitting purposes under chapter 373 or chapter 379, the
480 Department of Environmental Protection, the Fish and Wildlife
481 Conservation Commission, or the water management district may
482 accept such mitigation under the criteria established in the
483 uniform assessment method required by s. 373.414, or pursuant to
484 chapter 379, as applicable, without considering the fact that a
485 conservation easement encumbering the same real property was
486 previously recorded pursuant to paragraph (b).
487 (9) The adoption of a long-term master plan or a detailed
488 specific area plan pursuant to this section does not limit the
489 right to continue existing agricultural or silvicultural uses or
490 other natural resource-based operations or to establish similar
491 new agricultural or silvicultural uses that are consistent with
492 the plans approved pursuant to this section.
493 (13) An applicant with an approved master development order
494 may request that the applicable water management district issue
495 a consumptive use permit as set forth in s. 373.236(8) for the
496 same period of time as the approved master development order.
497 (15) The more specific provisions of this section shall
498 supersede the generally applicable provisions of this chapter
499 which otherwise would apply. This section does not preclude a
500 local government from requiring data and analysis beyond the
501 minimum criteria established in this section.
502 Section 5. Subsection (11) of section 163.3246, Florida
503 Statutes, is amended, and subsection (14) is added to that
504 section to read:
505 163.3246 Local government comprehensive planning
506 certification program.—
507 (11) If the local government of an area described in
508 subsection (10) does not request that the state land planning
509 agency review the developments of regional impact that are
510 proposed within the certified area, an application for approval
511 of a development order within the certified area shall be exempt
512 from review under s. 380.06, subject to the following:
513 (a) Concurrent with filing an application for development
514 approval with the local government, a developer proposing a
515 project that would have been subject to review pursuant to s.
516 380.06 shall notify in writing the regional planning council
517 with jurisdiction.
518 (b) The regional planning council shall coordinate with the
519 developer and the local government to ensure that all
520 concurrency requirements as well as federal, state, and local
521 environmental permit requirements are met.
522 (14) It is the intent of the Legislature to encourage the
523 creation of connected-city corridors that facilitate the growth
524 of high-technology industry and innovation through partnerships
525 that support research, marketing, workforce, and
526 entrepreneurship. It is the intent of the Legislature to provide
527 for a locally controlled, comprehensive plan amendment process
528 for such projects that are designed to achieve a cleaner,
529 healthier environment; limit urban sprawl by promoting diverse
530 but interconnected communities; provide a range of
531 intergenerational housing types; protect wildlife and natural
532 areas; assure the efficient use of land and other resources;
533 create quality communities of a design that promotes alternative
534 transportation networks and travel by multiple transportation
535 modes; and enhance the prospects for the creation of jobs. The
536 Legislature finds and declares that this state’s connected-city
537 corridors require a reduced level of state and regional
538 oversight because of their high degree of urbanization and the
539 planning capabilities and resources of the local government.
540 (a) Notwithstanding subsections (2), (4), (5), (6), and
541 (7), Pasco County is named a pilot community and shall be
542 considered certified for a period of 10 years for connected-city
543 corridor plan amendments. The state land planning agency shall
544 provide a written notice of certification to Pasco County by
545 July 15, 2015, which shall be considered a final agency action
546 subject to challenge under s. 120.569. The notice of
547 certification must include:
548 1. The boundary of the connected-city corridor
549 certification area; and
550 2. A requirement that Pasco County submit an annual or
551 biennial monitoring report to the state land planning agency
552 according to the schedule provided in the written notice. The
553 monitoring report must, at a minimum, include the number of
554 amendments to the comprehensive plan adopted by Pasco County,
555 the number of plan amendments challenged by an affected person,
556 and the disposition of such challenges.
557 (b) A plan amendment adopted under this subsection may be
558 based upon a planning period longer than the generally
559 applicable planning period of the Pasco County local
560 comprehensive plan, must specify the projected population within
561 the planning area during the chosen planning period, may include
562 a phasing or staging schedule that allocates a portion of Pasco
563 County’s future growth to the planning area through the planning
564 period, and may designate a priority zone or subarea within the
565 connected-city corridor for initial implementation of the plan.
566 A plan amendment adopted under this subsection is not required
567 to demonstrate need based upon projected population growth or on
568 any other basis.
569 (c) If Pasco County adopts a long-term transportation
570 network plan and financial feasibility plan, and subject to
571 compliance with the requirements of such a plan, the projects
572 within the connected-city corridor are deemed to have satisfied
573 all concurrency and other state agency or local government
574 transportation mitigation requirements except for site-specific
575 access management requirements.
576 (d) If Pasco County does not request that the state land
577 planning agency review the developments of regional impact that
578 are proposed within the certified area, an application for
579 approval of a development order within the certified area is
580 exempt from review under s. 380.06.
581 (e) The Office of Program Policy Analysis and Government
582 Accountability (OPPAGA) shall submit to the Governor, the
583 President of the Senate, and the Speaker of the House of
584 Representatives by December 1, 2024, a report and
585 recommendations for implementing a statewide program that
586 addresses the legislative findings in this subsection. In
587 consultation with the state land planning agency, OPPAGA shall
588 develop the report and recommendations with input from other
589 state and regional agencies, local governments, and interest
590 groups. OPPAGA shall also solicit citizen input in the
591 potentially affected areas and consult with the affected local
592 government and stakeholder groups. Additionally, OPPAGA shall
593 review local and state actions and correspondence relating to
594 the pilot program to identify issues of process and substance in
595 recommending changes to the pilot program. At a minimum, the
596 report and recommendations must include:
597 1. Identification of local governments other than the local
598 government participating in the pilot program which should be
599 certified. The report may also recommend that a local government
600 is no longer appropriate for certification; and
601 2. Changes to the certification pilot program.
602 Section 6. Subsection (4) of section 163.3248, Florida
603 Statutes, is amended to read:
604 163.3248 Rural land stewardship areas.—
605 (4) A local government or one or more property owners may
606 request assistance and participation in the development of a
607 plan for the rural land stewardship area from the state land
608 planning agency, the Department of Agriculture and Consumer
609 Services, the Fish and Wildlife Conservation Commission, the
610 Department of Environmental Protection, the appropriate water
611 management district, the Department of Transportation, the
612 regional planning council, private land owners, and
613 stakeholders.
614 Section 7. Subsection (8) of section 163.340, Florida
615 Statutes, is amended to read:
616 163.340 Definitions.—The following terms, wherever used or
617 referred to in this part, have the following meanings:
618 (8) “Blighted area” means an area in which there are a
619 substantial number of deteriorated, or deteriorating
620 structures;, in which conditions, as indicated by government
621 maintained statistics or other studies, endanger life or
622 property or are leading to economic distress; or endanger life
623 or property, and in which two or more of the following factors
624 are present:
625 (a) Predominance of defective or inadequate street layout,
626 parking facilities, roadways, bridges, or public transportation
627 facilities.;
628 (b) Aggregate assessed values of real property in the area
629 for ad valorem tax purposes have failed to show any appreciable
630 increase over the 5 years prior to the finding of such
631 conditions.;
632 (c) Faulty lot layout in relation to size, adequacy,
633 accessibility, or usefulness.;
634 (d) Unsanitary or unsafe conditions.;
635 (e) Deterioration of site or other improvements.;
636 (f) Inadequate and outdated building density patterns.;
637 (g) Falling lease rates per square foot of office,
638 commercial, or industrial space compared to the remainder of the
639 county or municipality.;
640 (h) Tax or special assessment delinquency exceeding the
641 fair value of the land.;
642 (i) Residential and commercial vacancy rates higher in the
643 area than in the remainder of the county or municipality.;
644 (j) Incidence of crime in the area higher than in the
645 remainder of the county or municipality.;
646 (k) Fire and emergency medical service calls to the area
647 proportionately higher than in the remainder of the county or
648 municipality.;
649 (l) A greater number of violations of the Florida Building
650 Code in the area than the number of violations recorded in the
651 remainder of the county or municipality.;
652 (m) Diversity of ownership or defective or unusual
653 conditions of title which prevent the free alienability of land
654 within the deteriorated or hazardous area.; or
655 (n) Governmentally owned property with adverse
656 environmental conditions caused by a public or private entity.
657 (o) A substantial number or percentage of properties
658 damaged by sinkhole activity which have not been adequately
659 repaired or stabilized.
660
661 However, the term “blighted area” also means any area in which
662 at least one of the factors identified in paragraphs (a) through
663 (o) is (n) are present and all taxing authorities subject to s.
664 163.387(2)(a) agree, either by interlocal agreement or
665 agreements with the agency or by resolution, that the area is
666 blighted. Such agreement or resolution must be limited to a
667 determination shall only determine that the area is blighted.
668 For purposes of qualifying for the tax credits authorized in
669 chapter 220, “blighted area” means an area as defined in this
670 subsection.
671 Section 8. Subsection (3) of section 163.524, Florida
672 Statutes, is amended to read:
673 163.524 Neighborhood Preservation and Enhancement Program;
674 participation; creation of Neighborhood Preservation and
675 Enhancement Districts; creation of Neighborhood Councils and
676 Neighborhood Enhancement Plans.—
677 (3) After the boundaries and size of the Neighborhood
678 Preservation and Enhancement District have been defined, the
679 local government shall pass an ordinance authorizing the
680 creation of the Neighborhood Preservation and Enhancement
681 District. The ordinance shall contain a finding that the
682 boundaries of the Neighborhood Preservation and Enhancement
683 District comply with meet the provisions of s. 163.340(7) or s.
684 (8)(a)-(o) (8)(a)-(n) or do not contain properties that are
685 protected by deed restrictions. Such ordinance may be amended or
686 repealed in the same manner as other local ordinances.
687 Section 9. Section 186.0201, Florida Statutes, is repealed.
688 Section 10. Subsection (22) of section 186.505, Florida
689 Statutes, is amended to read:
690 186.505 Regional planning councils; powers and duties.—Any
691 regional planning council created hereunder shall have the
692 following powers:
693 (22) To establish and conduct a cross-acceptance
694 negotiation process with local governments intended to resolve
695 inconsistencies between applicable local and regional plans,
696 with participation by local governments being voluntary.
697 Section 11. Section 186.512, Florida Statutes, is created
698 to read:
699 186.512 Designation of regional planning councils.—
700 (1) The territorial area of the state is subdivided into
701 the following districts for the purpose of regional
702 comprehensive planning. The name and geographic area of each
703 respective district must accord with the following:
704 (a) West Florida Regional Planning Council: Bay, Escambia,
705 Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
706 (b) Apalachee Regional Planning Council: Calhoun, Franklin,
707 Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
708 Counties.
709 (c) North Central Florida Regional Planning Council:
710 Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
711 Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
712 Counties.
713 (d) Northeast Florida Regional Planning Council: Baker,
714 Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
715 (e) East Central Florida Regional Planning Council:
716 Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
717 Counties.
718 (f) Central Florida Regional Planning Council: DeSoto,
719 Hardee, Highlands, Okeechobee, and Polk Counties.
720 (g) Tampa Bay Regional Planning Council: Citrus, Hernando,
721 Hillsborough, Manatee, Pasco, and Pinellas Counties.
722 (h) Southwest Florida Regional Planning Council: Charlotte,
723 Collier, Glades, Hendry, Lee, and Sarasota Counties.
724 (i) Treasure Coast Regional Planning Council: Indian River,
725 Martin, Palm Beach, and St. Lucie Counties.
726 (j) South Florida Regional Planning Council: Broward,
727 Miami-Dade, and Monroe Counties.
728 (2) Beginning January 1, 2016, and thereafter, the Governor
729 may review and update the district boundaries of the regional
730 planning councils pursuant to his authority under s. 186.506(4).
731 (3) For the purposes of transition from one regional
732 planning council to another, the successor regional planning
733 council shall apply the prior strategic regional policy plan to
734 a local government until such time as the successor regional
735 planning council amends its plan pursuant to this chapter to
736 include the affected local government within the new region.
737 Section 12. Section 186.513, Florida Statutes, is amended
738 to read:
739 186.513 Reports.—Each regional planning council shall
740 prepare and furnish an annual report on its activities to the
741 state land planning agency as defined in s. 163.3164 and the
742 local general-purpose governments within its boundaries and,
743 upon payment as may be established by the council, to any
744 interested person. The regional planning councils shall make a
745 joint report and recommendations to appropriate legislative
746 committees.
747 Section 13. Subsection (2) of section 190.005, Florida
748 Statutes, is amended to read:
749 190.005 Establishment of district.—
750 (2) The exclusive and uniform method for the establishment
751 of a community development district of less than 1,000 acres in
752 size or a community development district of up to 2,000 acres in
753 size located within a connected-city corridor established
754 pursuant to s. 163.3246(14) shall be pursuant to an ordinance
755 adopted by the county commission of the county having
756 jurisdiction over the majority of land in the area in which the
757 district is to be located granting a petition for the
758 establishment of a community development district as follows:
759 (a) A petition for the establishment of a community
760 development district shall be filed by the petitioner with the
761 county commission. The petition shall contain the same
762 information as required in paragraph (1)(a).
763 (b) A public hearing on the petition shall be conducted by
764 the county commission in accordance with the requirements and
765 procedures of paragraph (1)(d).
766 (c) The county commission shall consider the record of the
767 public hearing and the factors set forth in paragraph (1)(e) in
768 making its determination to grant or deny a petition for the
769 establishment of a community development district.
770 (d) The county commission shall not adopt any ordinance
771 which would expand, modify, or delete any provision of the
772 uniform community development district charter as set forth in
773 ss. 190.006-190.041. An ordinance establishing a community
774 development district shall only include the matters provided for
775 in paragraph (1)(f) unless the commission consents to any of the
776 optional powers under s. 190.012(2) at the request of the
777 petitioner.
778 (e) If all of the land in the area for the proposed
779 district is within the territorial jurisdiction of a municipal
780 corporation, then the petition requesting establishment of a
781 community development district under this act shall be filed by
782 the petitioner with that particular municipal corporation. In
783 such event, the duties of the county, hereinabove described, in
784 action upon the petition shall be the duties of the municipal
785 corporation. If any of the land area of a proposed district is
786 within the land area of a municipality, the county commission
787 may not create the district without municipal approval. If all
788 of the land in the area for the proposed district, even if less
789 than 1,000 acres, is within the territorial jurisdiction of two
790 or more municipalities, except for proposed districts within a
791 connected-city corridor established pursuant to s. 163.3246(14),
792 the petition shall be filed with the Florida Land and Water
793 Adjudicatory Commission and proceed in accordance with
794 subsection (1).
795 (f) Notwithstanding any other provision of this subsection,
796 within 90 days after a petition for the establishment of a
797 community development district has been filed pursuant to this
798 subsection, the governing body of the county or municipal
799 corporation may transfer the petition to the Florida Land and
800 Water Adjudicatory Commission, which shall make the
801 determination to grant or deny the petition as provided in
802 subsection (1). A county or municipal corporation shall have no
803 right or power to grant or deny a petition that has been
804 transferred to the Florida Land and Water Adjudicatory
805 Commission.
806 Section 14. Section 253.7828, Florida Statutes, is amended
807 to read:
808 253.7828 Impairment of use or conservation by agencies
809 prohibited.—All agencies of the state, regional planning
810 councils, water management districts, and local governments
811 shall recognize the special character of the lands and waters
812 designated by the state as the Cross Florida Greenways State
813 Recreation and Conservation Area and shall not take any action
814 which will impair its use and conservation.
815 Section 15. Section 260.018, Florida Statutes, is repealed.
816 Section 16. Paragraph (j) of subsection (4) of section
817 339.135, Florida Statutes, is amended to read:
818 339.135 Work program; legislative budget request;
819 definitions; preparation, adoption, execution, and amendment.—
820 (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
821 (j) Notwithstanding paragraph (a) and for the 2014-2015
822 fiscal year only, the department may use up to $15 million of
823 appropriated funds to pay the costs of strategic and regionally
824 significant transportation projects. Funds may be used to
825 provide up to 75 percent of project costs for production-ready
826 eligible projects. Preference shall be given to projects that
827 support the state’s economic regions, or that have been
828 identified as regionally significant in accordance with s.
829 339.155(4)(c), (d), and (e), and that have an increased level of
830 nonstate match. This paragraph expires July 1, 2015.
831 Section 17. Paragraph (b) of subsection (4) of section
832 339.155, Florida Statutes, is amended to read:
833 339.155 Transportation planning.—
834 (4) ADDITIONAL TRANSPORTATION PLANS.—
835 (b) Each regional planning council, as provided for in s.
836 186.504, or any successor agency thereto, shall develop, as an
837 element of its strategic regional policy plan, transportation
838 goals and policies. The transportation goals and policies must
839 be prioritized to comply with the prevailing principles provided
840 in subsection (1) and s. 334.046(1). The transportation goals
841 and policies shall be consistent, to the maximum extent
842 feasible, with the goals and policies of the metropolitan
843 planning organization and the Florida Transportation Plan. The
844 transportation goals and policies of the regional planning
845 council will be advisory only and shall be submitted to the
846 department and any affected metropolitan planning organization
847 for their consideration and comments. Metropolitan planning
848 organization plans and other local transportation plans shall be
849 developed consistent, to the maximum extent feasible, with the
850 regional transportation goals and policies. The regional
851 planning council shall review urbanized area transportation
852 plans and any other planning products stipulated in s. 339.175
853 and provide the department and respective metropolitan planning
854 organizations with written recommendations, which the department
855 and the metropolitan planning organizations shall take under
856 advisement. Further, the regional planning councils shall
857 directly assist local governments that are not part of a
858 metropolitan area transportation planning process in the
859 development of the transportation element of their comprehensive
860 plans as required by s. 163.3177.
861 Section 18. Subsection (8) is added to section 373.236,
862 Florida Statutes, to read:
863 373.236 Duration of permits; compliance reports.—
864 (8) A water management district may issue a permit to an
865 applicant, as set forth in s. 163.3245(13), for the same period
866 of time as the applicant’s approved master development order if
867 the master development order was issued under s. 380.06(21) by a
868 county which, at the time the order issued, was designated as a
869 rural area of opportunity under s. 288.0656, was not located in
870 an area encompassed by a regional water supply plan as set forth
871 in s. 373.709(1), and was not located within the basin
872 management action plan of a first magnitude spring. In reviewing
873 the permit application and determining the permit duration, the
874 water management district shall apply s. 163.3245(4)(b).
875 Section 19. Subsection (18) of section 380.06, Florida
876 Statutes, is amended and subsection (30) is added to that
877 section, to read:
878 380.06 Developments of regional impact.—
879 (18) BIENNIAL REPORTS.—The developer shall submit a
880 biennial report on the development of regional impact to the
881 local government, the regional planning agency, the state land
882 planning agency, and all affected permit agencies in alternate
883 years on the date specified in the development order, unless the
884 development order by its terms requires more frequent
885 monitoring. If the report is not received, the regional planning
886 agency or the state land planning agency shall notify the local
887 government. If the local government does not receive the report
888 or receives notification that the regional planning agency or
889 the state land planning agency has not received the report, the
890 local government shall request in writing that the developer
891 submit the report within 30 days. The failure to submit the
892 report after 30 days shall result in the temporary suspension of
893 the development order by the local government. If no additional
894 development pursuant to the development order has occurred since
895 the submission of the previous report, then a letter from the
896 developer stating that no development has occurred shall satisfy
897 the requirement for a report. Development orders that require
898 annual reports may be amended to require biennial reports at the
899 option of the local government.
900 (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
901 otherwise subject to the review requirements of this section
902 shall be approved by a local government pursuant to s.
903 163.3184(4) in lieu of proceeding in accordance with this
904 section.
905 Section 20. Subsections (2) and (3) of section 403.50663,
906 Florida Statutes, are amended to read:
907 403.50663 Informational public meetings.—
908 (2) Informational public meetings shall be held solely at
909 the option of each local government or regional planning council
910 if a public meeting is not held by the local government. It is
911 the legislative intent that local governments or regional
912 planning councils attempt to hold such public meetings. Parties
913 to the proceedings under this act shall be encouraged to attend;
914 however, no party other than the applicant and the department
915 shall be required to attend such informational public meetings.
916 (3) A local government or regional planning council that
917 intends to conduct an informational public meeting must provide
918 notice of the meeting to all parties not less than 5 days prior
919 to the meeting and to the general public in accordance with s.
920 403.5115(5). The expense for such notice is eligible for
921 reimbursement under s. 403.518(2)(c)1.
922 Section 21. Paragraph (a) of subsection (2) of section
923 403.507, Florida Statutes, is amended to read:
924 403.507 Preliminary statements of issues, reports, project
925 analyses, and studies.—
926 (2)(a) No later than 100 days after the certification
927 application has been determined complete, the following agencies
928 shall prepare reports as provided below and shall submit them to
929 the department and the applicant, unless a final order denying
930 the determination of need has been issued under s. 403.519:
931 1. The Department of Economic Opportunity shall prepare a
932 report containing recommendations which address the impact upon
933 the public of the proposed electrical power plant, based on the
934 degree to which the electrical power plant is consistent with
935 the applicable portions of the state comprehensive plan,
936 emergency management, and other such matters within its
937 jurisdiction. The Department of Economic Opportunity may also
938 comment on the consistency of the proposed electrical power
939 plant with applicable strategic regional policy plans or local
940 comprehensive plans and land development regulations.
941 2. The water management district shall prepare a report as
942 to matters within its jurisdiction, including but not limited
943 to, the impact of the proposed electrical power plant on water
944 resources, regional water supply planning, and district-owned
945 lands and works.
946 3. Each local government in whose jurisdiction the proposed
947 electrical power plant is to be located shall prepare a report
948 as to the consistency of the proposed electrical power plant
949 with all applicable local ordinances, regulations, standards, or
950 criteria that apply to the proposed electrical power plant,
951 including any applicable local environmental regulations adopted
952 pursuant to s. 403.182 or by other means.
953 4. The Fish and Wildlife Conservation Commission shall
954 prepare a report as to matters within its jurisdiction.
955 5. Each regional planning council shall prepare a report
956 containing recommendations that address the impact upon the
957 public of the proposed electrical power plant, based on the
958 degree to which the electrical power plant is consistent with
959 the applicable provisions of the strategic regional policy plan
960 adopted pursuant to chapter 186 and other matters within its
961 jurisdiction.
962 5.6. The Department of Transportation shall address the
963 impact of the proposed electrical power plant on matters within
964 its jurisdiction.
965 Section 22. Paragraph (a) of subsection (3) and paragraph
966 (a) of subsection (4) of section 403.508, Florida Statutes, are
967 amended to read:
968 403.508 Land use and certification hearings, parties,
969 participants.—
970 (3)(a) Parties to the proceeding shall include:
971 1. The applicant.
972 2. The Public Service Commission.
973 3. The Department of Economic Opportunity.
974 4. The Fish and Wildlife Conservation Commission.
975 5. The water management district.
976 6. The department.
977 7. The regional planning council.
978 7.8. The local government.
979 8.9. The Department of Transportation.
980 (4)(a) The order of presentation at the certification
981 hearing, unless otherwise changed by the administrative law
982 judge to ensure the orderly presentation of witnesses and
983 evidence, shall be:
984 1. The applicant.
985 2. The department.
986 3. State agencies.
987 4. Regional agencies, including regional planning councils
988 and water management districts.
989 5. Local governments.
990 6. Other parties.
991 Section 23. Subsection (5) of section 403.5115, Florida
992 Statutes, is amended to read:
993 403.5115 Public notice.—
994 (5) A local government or regional planning council that
995 proposes to conduct an informational public meeting pursuant to
996 s. 403.50663 must publish notice of the meeting in a newspaper
997 of general circulation within the county or counties in which
998 the proposed electrical power plant will be located no later
999 than 7 days prior to the meeting. A newspaper of general
1000 circulation shall be the newspaper that has the largest daily
1001 circulation in that county and has its principal office in that
1002 county. If the newspaper with the largest daily circulation has
1003 its principal office outside the county, the notices shall
1004 appear in both the newspaper having the largest circulation in
1005 that county and in a newspaper authorized to publish legal
1006 notices in that county.
1007 Section 24. Paragraph (a) of subsection (2) of section
1008 403.526, Florida Statutes, is amended to read:
1009 403.526 Preliminary statements of issues, reports, and
1010 project analyses; studies.—
1011 (2)(a) No later than 90 days after the filing of the
1012 application, the following agencies shall prepare reports as
1013 provided below, unless a final order denying the determination
1014 of need has been issued under s. 403.537:
1015 1. The department shall prepare a report as to the impact
1016 of each proposed transmission line or corridor as it relates to
1017 matters within its jurisdiction.
1018 2. Each water management district in the jurisdiction of
1019 which a proposed transmission line or corridor is to be located
1020 shall prepare a report as to the impact on water resources and
1021 other matters within its jurisdiction.
1022 3. The Department of Economic Opportunity shall prepare a
1023 report containing recommendations which address the impact upon
1024 the public of the proposed transmission line or corridor, based
1025 on the degree to which the proposed transmission line or
1026 corridor is consistent with the applicable portions of the state
1027 comprehensive plan, emergency management, and other matters
1028 within its jurisdiction. The Department of Economic Opportunity
1029 may also comment on the consistency of the proposed transmission
1030 line or corridor with applicable strategic regional policy plans
1031 or local comprehensive plans and land development regulations.
1032 4. The Fish and Wildlife Conservation Commission shall
1033 prepare a report as to the impact of each proposed transmission
1034 line or corridor on fish and wildlife resources and other
1035 matters within its jurisdiction.
1036 5. Each local government shall prepare a report as to the
1037 impact of each proposed transmission line or corridor on matters
1038 within its jurisdiction, including the consistency of the
1039 proposed transmission line or corridor with all applicable local
1040 ordinances, regulations, standards, or criteria that apply to
1041 the proposed transmission line or corridor, including local
1042 comprehensive plans, zoning regulations, land development
1043 regulations, and any applicable local environmental regulations
1044 adopted pursuant to s. 403.182 or by other means. A change by
1045 the responsible local government or local agency in local
1046 comprehensive plans, zoning ordinances, or other regulations
1047 made after the date required for the filing of the local
1048 government’s report required by this section is not applicable
1049 to the certification of the proposed transmission line or
1050 corridor unless the certification is denied or the application
1051 is withdrawn.
1052 6. Each regional planning council shall present a report
1053 containing recommendations that address the impact upon the
1054 public of the proposed transmission line or corridor based on
1055 the degree to which the transmission line or corridor is
1056 consistent with the applicable provisions of the strategic
1057 regional policy plan adopted under chapter 186 and other impacts
1058 of each proposed transmission line or corridor on matters within
1059 its jurisdiction.
1060 6.7. The Department of Transportation shall prepare a
1061 report as to the impact of the proposed transmission line or
1062 corridor on state roads, railroads, airports, aeronautics,
1063 seaports, and other matters within its jurisdiction.
1064 7.8. The commission shall prepare a report containing its
1065 determination under s. 403.537, and the report may include the
1066 comments from the commission with respect to any other subject
1067 within its jurisdiction.
1068 8.9. Any other agency, if requested by the department,
1069 shall also perform studies or prepare reports as to subjects
1070 within the jurisdiction of the agency which may potentially be
1071 affected by the proposed transmission line.
1072 Section 25. Paragraph (a) of subsection (2) and paragraph
1073 (a) of subsection (3) of section 403.527, Florida Statutes, are
1074 amended to read:
1075 403.527 Certification hearing, parties, participants.—
1076 (2)(a) Parties to the proceeding shall be:
1077 1. The applicant.
1078 2. The department.
1079 3. The commission.
1080 4. The Department of Economic Opportunity.
1081 5. The Fish and Wildlife Conservation Commission.
1082 6. The Department of Transportation.
1083 7. Each water management district in the jurisdiction of
1084 which the proposed transmission line or corridor is to be
1085 located.
1086 8. The local government.
1087 9. The regional planning council.
1088 (3)(a) The order of presentation at the certification
1089 hearing, unless otherwise changed by the administrative law
1090 judge to ensure the orderly presentation of witnesses and
1091 evidence, shall be:
1092 1. The applicant.
1093 2. The department.
1094 3. State agencies.
1095 4. Regional agencies, including regional planning councils
1096 and water management districts.
1097 5. Local governments.
1098 6. Other parties.
1099 Section 26. Subsections (2) and (3) of section 403.5272,
1100 Florida Statutes, are amended to read:
1101 403.5272 Informational public meetings.—
1102 (2) Informational public meetings shall be held solely at
1103 the option of each local government or regional planning
1104 council. It is the legislative intent that local governments or
1105 regional planning councils attempt to hold such public meetings.
1106 Parties to the proceedings under this act shall be encouraged to
1107 attend; however, a party other than the applicant and the
1108 department is not required to attend the informational public
1109 meetings.
1110 (3) A local government or regional planning council that
1111 intends to conduct an informational public meeting must provide
1112 notice of the meeting, with notice sent to all parties listed in
1113 s. 403.527(2)(a), not less than 15 days before the meeting and
1114 to the general public in accordance with s. 403.5363(4).
1115 Section 27. Subsection (4) of section 403.7264, Florida
1116 Statutes, is amended to read:
1117 403.7264 Amnesty days for purging small quantities of
1118 hazardous wastes.—Amnesty days are authorized by the state for
1119 the purpose of purging small quantities of hazardous waste, free
1120 of charge, from the possession of homeowners, farmers, schools,
1121 state agencies, and small businesses. These entities have no
1122 appropriate economically feasible mechanism for disposing of
1123 their hazardous wastes at the present time. In order to raise
1124 public awareness on this issue, provide an educational process,
1125 accommodate those entities which have a need to dispose of small
1126 quantities of hazardous waste, and preserve the waters of the
1127 state, amnesty days shall be carried out in the following
1128 manner:
1129 (4) Regional planning councils shall assist the department
1130 in site selection, public awareness, and program coordination.
1131 However, the department shall retain full responsibility for the
1132 state amnesty days program.
1133 Section 28. Paragraph (a) of subsection (2) of section
1134 403.941, Florida Statutes, is amended to read:
1135 403.941 Preliminary statements of issues, reports, and
1136 studies.—
1137 (2)(a) The affected agencies shall prepare reports as
1138 provided in this paragraph and shall submit them to the
1139 department and the applicant within 60 days after the
1140 application is determined sufficient:
1141 1. The department shall prepare a report as to the impact
1142 of each proposed natural gas transmission pipeline or corridor
1143 as it relates to matters within its jurisdiction.
1144 2. Each water management district in the jurisdiction of
1145 which a proposed natural gas transmission pipeline or corridor
1146 is to be located shall prepare a report as to the impact on
1147 water resources and other matters within its jurisdiction.
1148 3. The Department of Economic Opportunity shall prepare a
1149 report containing recommendations which address the impact upon
1150 the public of the proposed natural gas transmission pipeline or
1151 corridor, based on the degree to which the proposed natural gas
1152 transmission pipeline or corridor is consistent with the
1153 applicable portions of the state comprehensive plan and other
1154 matters within its jurisdiction. The Department of Economic
1155 Opportunity may also comment on the consistency of the proposed
1156 natural gas transmission pipeline or corridor with applicable
1157 strategic regional policy plans or local comprehensive plans and
1158 land development regulations.
1159 4. The Fish and Wildlife Conservation Commission shall
1160 prepare a report as to the impact of each proposed natural gas
1161 transmission pipeline or corridor on fish and wildlife resources
1162 and other matters within its jurisdiction.
1163 5. Each local government in which the natural gas
1164 transmission pipeline or natural gas transmission pipeline
1165 corridor will be located shall prepare a report as to the impact
1166 of each proposed natural gas transmission pipeline or corridor
1167 on matters within its jurisdiction, including the consistency of
1168 the proposed natural gas transmission pipeline or corridor with
1169 all applicable local ordinances, regulations, standards, or
1170 criteria that apply to the proposed natural gas transmission
1171 pipeline or corridor, including local comprehensive plans,
1172 zoning regulations, land development regulations, and any
1173 applicable local environmental regulations adopted pursuant to
1174 s. 403.182 or by other means. No change by the responsible local
1175 government or local agency in local comprehensive plans, zoning
1176 ordinances, or other regulations made after the date required
1177 for the filing of the local government’s report required by this
1178 section shall be applicable to the certification of the proposed
1179 natural gas transmission pipeline or corridor unless the
1180 certification is denied or the application is withdrawn.
1181 6. Each regional planning council in which the natural gas
1182 transmission pipeline or natural gas transmission pipeline
1183 corridor will be located shall present a report containing
1184 recommendations that address the impact upon the public of the
1185 proposed natural gas transmission pipeline or corridor, based on
1186 the degree to which the natural gas transmission pipeline or
1187 corridor is consistent with the applicable provisions of the
1188 strategic regional policy plan adopted pursuant to chapter 186
1189 and other impacts of each proposed natural gas transmission
1190 pipeline or corridor on matters within its jurisdiction.
1191 6.7. The Department of Transportation shall prepare a
1192 report on the effect of the natural gas transmission pipeline or
1193 natural gas transmission pipeline corridor on matters within its
1194 jurisdiction, including roadway crossings by the pipeline. The
1195 report shall contain at a minimum:
1196 a. A report by the applicant to the department stating that
1197 all requirements of the department’s utilities accommodation
1198 guide have been or will be met in regard to the proposed
1199 pipeline or pipeline corridor; and
1200 b. A statement by the department as to the adequacy of the
1201 report to the department by the applicant.
1202 7.8. The Department of State, Division of Historical
1203 Resources, shall prepare a report on the impact of the natural
1204 gas transmission pipeline or natural gas transmission pipeline
1205 corridor on matters within its jurisdiction.
1206 8.9. The commission shall prepare a report addressing
1207 matters within its jurisdiction. The commission’s report shall
1208 include its determination of need issued pursuant to s.
1209 403.9422.
1210 Section 29. Paragraph (a) of subsection (4) and subsection
1211 (6) of section 403.9411, Florida Statutes, are amended to read:
1212 403.9411 Notice; proceedings; parties and participants.—
1213 (4)(a) Parties to the proceeding shall be:
1214 1. The applicant.
1215 2. The department.
1216 3. The commission.
1217 4. The Department of Economic Opportunity.
1218 5. The Fish and Wildlife Conservation Commission.
1219 6. Each water management district in the jurisdiction of
1220 which the proposed natural gas transmission pipeline or corridor
1221 is to be located.
1222 7. The local government.
1223 8. The regional planning council.
1224 8.9. The Department of Transportation.
1225 9.10. The Department of State, Division of Historical
1226 Resources.
1227 (6) The order of presentation at the certification hearing,
1228 unless otherwise changed by the administrative law judge to
1229 ensure the orderly presentation of witnesses and evidence, shall
1230 be:
1231 (a) The applicant.
1232 (b) The department.
1233 (c) State agencies.
1234 (d) Regional agencies, including regional planning councils
1235 and water management districts.
1236 (e) Local governments.
1237 (f) Other parties.
1238 Section 30. Subsection (6) of section 419.001, Florida
1239 Statutes, is amended to read:
1240 419.001 Site selection of community residential homes.—
1241 (6) If agreed to by both the local government and the
1242 sponsoring agency, a conflict may be resolved through informal
1243 mediation. The local government shall arrange for the services
1244 of an independent mediator or may utilize the dispute resolution
1245 process established by a regional planning council pursuant to
1246 s. 186.509. Mediation shall be concluded within 45 days of a
1247 request therefor. The resolution of any issue through the
1248 mediation process shall not alter any person’s right to a
1249 judicial determination of any issue if that person is entitled
1250 to such a determination under statutory or common law.
1251 Section 31. Subsection (4) of section 985.682, Florida
1252 Statutes, is amended to read:
1253 985.682 Siting of facilities; criteria.—
1254 (4) When the department requests such a modification and it
1255 is denied by the local government, the local government or the
1256 department shall initiate the dispute resolution process
1257 established under s. 186.509 to reconcile differences on the
1258 siting of correctional facilities between the department, local
1259 governments, and private citizens. If the regional planning
1260 council has not established a dispute resolution process
1261 pursuant to s. 186.509, The department shall establish, by rule,
1262 procedures for dispute resolution. The dispute resolution
1263 process shall require the parties to commence meetings to
1264 reconcile their differences. If the parties fail to resolve
1265 their differences within 30 days after the denial, the parties
1266 shall engage in voluntary mediation or similar process. If the
1267 parties fail to resolve their differences by mediation within 60
1268 days after the denial, or if no action is taken on the
1269 department’s request within 90 days after the request, the
1270 department must appeal the decision of the local government on
1271 the requested modification of local plans, ordinances, or
1272 regulations to the Governor and Cabinet. Any dispute resolution
1273 process initiated under this section must conform to the time
1274 limitations set forth herein. However, upon agreement of all
1275 parties, the time limits may be extended, but in no event may
1276 the dispute resolution process extend over 180 days.
1277 Section 32. This act shall take effect upon becoming a law.
