Bill Text: FL S1216 | 2015 | Regular Session | Engrossed
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-Engrossed.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-Engrossed.html
CS for CS for SB 1216 First Engrossed
20151216e1
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23 this chapter inconsistent with or superseded by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27 superseded by certain planning standards relating to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. 339.155, F.S.; removing certain
98 duties of regional planning councils; amending s.
99 373.236, F.S.; authorizing a water management district
100 to issue a permit to an applicant for the same period
101 of time as the applicant’s approved master development
102 order, subject to certain requirements and
103 restrictions; amending s. 380.06, F.S.; removing the
104 requirement that certain developers submit biennial
105 reports to regional planning agencies; providing that
106 new proposed developments are subject to the state
107 coordinated review process and not the development of
108 regional impact review process; amending s. 403.50663,
109 F.S.; removing requirements relating to certain
110 informational public meetings; amending s. 403.507,
111 F.S.; removing the requirement that regional planning
112 councils prepare reports addressing the impact of
113 proposed electrical power plants; amending s. 403.508,
114 F.S.; removing the requirement that regional planning
115 councils participate in certain proceedings; amending
116 s. 403.5115, F.S.; conforming provisions to changes
117 made by the act; amending s. 403.526, F.S.; removing
118 the requirement that regional planning councils
119 prepare reports addressing the impact of proposed
120 transmission lines or corridors; amending s. 403.527,
121 F.S.; removing the requirement that regional planning
122 councils parties participate in certain proceedings;
123 amending s. 403.5272, F.S.; conforming provisions to
124 changes made by the act; amending s. 403.7264, F.S.;
125 removing the requirement that regional planning
126 councils assist with amnesty days for purging small
127 quantities of hazardous wastes; amending s. 403.941,
128 F.S.; removing the requirement that regional planning
129 councils prepare reports addressing the impact of
130 proposed natural gas transmission lines or corridors;
131 amending s. 403.9411, F.S.; removing the requirement
132 that regional planning councils participate in certain
133 proceedings; amending ss. 419.001 and 985.682, F.S.;
134 removing provisions relating to the use of a certain
135 dispute resolution process; providing an effective
136 date.
137
138 Be It Enacted by the Legislature of the State of Florida:
139
140 Section 1. Present paragraph (c) of subsection (1) of
141 section 163.08, Florida Statutes, is redesignated as paragraph
142 (d), a new paragraph (c) is added to that subsection, and
143 paragraph (b) of subsection (2) and subsections (10) and (14) of
144 that section are amended, to read:
145 163.08 Supplemental authority for improvements to real
146 property.—
147 (1)
148 (c) The Legislature finds that properties damaged by
149 sinkhole activity which are not adequately repaired may
150 negatively affect the market valuation of surrounding
151 properties, resulting in the loss of property tax revenues to
152 local communities. The Legislature finds that there is a
153 compelling state interest in providing local government
154 assistance to enable property owners to voluntarily finance
155 qualified improvements to property damaged by sinkhole activity.
156 (2) As used in this section, the term:
157 (b) “Qualifying improvement” includes any:
158 1. Energy conservation and efficiency improvement, which is
159 a measure to reduce consumption through conservation or a more
160 efficient use of electricity, natural gas, propane, or other
161 forms of energy on the property, including, but not limited to,
162 air sealing; installation of insulation; installation of energy
163 efficient heating, cooling, or ventilation systems; building
164 modifications to increase the use of daylight; replacement of
165 windows; installation of energy controls or energy recovery
166 systems; installation of electric vehicle charging equipment;
167 and installation of efficient lighting equipment.
168 2. Renewable energy improvement, which is the installation
169 of any system in which the electrical, mechanical, or thermal
170 energy is produced from a method that uses one or more of the
171 following fuels or energy sources: hydrogen, solar energy,
172 geothermal energy, bioenergy, and wind energy.
173 3. Wind resistance improvement, which includes, but is not
174 limited to:
175 a. Improving the strength of the roof deck attachment;
176 b. Creating a secondary water barrier to prevent water
177 intrusion;
178 c. Installing wind-resistant shingles;
179 d. Installing gable-end bracing;
180 e. Reinforcing roof-to-wall connections;
181 f. Installing storm shutters; or
182 g. Installing opening protections.
183 4. Stabilization or other repairs to property damaged by
184 sinkhole activity.
185 (10) A qualifying improvement shall be affixed to a
186 building or facility that is part of the property and shall
187 constitute an improvement to the building or facility or a
188 fixture attached to the building or facility. For the purposes
189 of stabilization or other repairs to property damaged by
190 sinkhole activity, a qualifying improvement is deemed affixed to
191 a building or facility. An agreement between a local government
192 and a qualifying property owner may not cover wind-resistance
193 improvements in buildings or facilities under new construction
194 or construction for which a certificate of occupancy or similar
195 evidence of substantial completion of new construction or
196 improvement has not been issued.
197 (14) At or before the time a purchaser executes a contract
198 for the sale and purchase of any property for which a non-ad
199 valorem assessment has been levied under this section and has an
200 unpaid balance due, the seller shall give the prospective
201 purchaser a written disclosure statement in the following form,
202 which shall be set forth in the contract or in a separate
203 writing:
204
205 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
206 RENEWABLE ENERGY, OR WIND RESISTANCE, OR SINKHOLE
207 STABILIZATION OR REPAIR.—The property being purchased
208 is located within the jurisdiction of a local
209 government that has placed an assessment on the
210 property pursuant to s. 163.08, Florida Statutes. The
211 assessment is for a qualifying improvement to the
212 property relating to energy efficiency, renewable
213 energy, or wind resistance, or stabilization or repair
214 of property damaged by sinkhole activity, and is not
215 based on the value of property. You are encouraged to
216 contact the county property appraiser’s office to
217 learn more about this and other assessments that may
218 be provided by law.
219 Section 2. Subsection (9) of section 163.3175, Florida
220 Statutes, is amended to read:
221 163.3175 Legislative findings on compatibility of
222 development with military installations; exchange of information
223 between local governments and military installations.—
224 (9) If a local government, as required under s.
225 163.3177(6)(a), does not adopt criteria and address
226 compatibility of lands adjacent to or closely proximate to
227 existing military installations in its future land use plan
228 element by June 30, 2012, the local government, the military
229 installation, the state land planning agency, and other parties
230 as identified by the regional planning council, including, but
231 not limited to, private landowner representatives, shall enter
232 into mediation conducted pursuant to s. 186.509. If the local
233 government comprehensive plan does not contain criteria
234 addressing compatibility by December 31, 2013, the agency may
235 notify the Administration Commission. The Administration
236 Commission may impose sanctions pursuant to s. 163.3184(8). Any
237 local government that amended its comprehensive plan to address
238 military installation compatibility requirements after 2004 and
239 was found to be in compliance is deemed to be in compliance with
240 this subsection until the local government conducts its
241 evaluation and appraisal review pursuant to s. 163.3191 and
242 determines that amendments are necessary to meet updated general
243 law requirements.
244 Section 3. Paragraph (c) of subsection (2) of section
245 163.3184, Florida Statutes, is amended to read:
246 163.3184 Process for adoption of comprehensive plan or plan
247 amendment.—
248 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
249 (c) Plan amendments that are in an area of critical state
250 concern designated pursuant to s. 380.05; propose a rural land
251 stewardship area pursuant to s. 163.3248; propose a sector plan
252 pursuant to s. 163.3245; update a comprehensive plan based on an
253 evaluation and appraisal pursuant to s. 163.3191; propose a
254 development that qualifies as a development of regional impact
255 pursuant to s. 380.06 s. 380.06(24)(x); or are new plans for
256 newly incorporated municipalities adopted pursuant to s.
257 163.3167 shall follow the state coordinated review process in
258 subsection (4).
259 Section 4. Present subsection (13) of section 163.3245,
260 Florida Statutes, is redesignated as subsection (14),
261 subsections (3) and (9) of that section are amended, and a new
262 subsection (13) and subsection (15) are added to that section,
263 to read:
264 163.3245 Sector plans.—
265 (3) Sector planning encompasses two levels: adoption
266 pursuant to s. 163.3184 of a long-term master plan for the
267 entire planning area as part of the comprehensive plan, and
268 adoption by local development order of two or more detailed
269 specific area plans that implement the long-term master plan and
270 within which s. 380.06 is waived.
271 (a) In addition to the other requirements of this chapter,
272 except for those that are inconsistent with or superseded by the
273 planning standards of this paragraph, a long-term master plan
274 pursuant to this section must include maps, illustrations, and
275 text supported by data and analysis to address the following:
276 1. A framework map that, at a minimum, generally depicts
277 areas of urban, agricultural, rural, and conservation land use;
278 identifies allowed uses in various parts of the planning area;
279 specifies maximum and minimum densities and intensities of use;
280 and provides the general framework for the development pattern
281 in developed areas with graphic illustrations based on a
282 hierarchy of places and functional place-making components.
283 2. A general identification of the water supplies needed
284 and available sources of water, including water resource
285 development and water supply development projects, and water
286 conservation measures needed to meet the projected demand of the
287 future land uses in the long-term master plan.
288 3. A general identification of the transportation
289 facilities to serve the future land uses in the long-term master
290 plan, including guidelines to be used to establish each modal
291 component intended to optimize mobility.
292 4. A general identification of other regionally significant
293 public facilities necessary to support the future land uses,
294 which may include central utilities provided onsite within the
295 planning area, and policies setting forth the procedures to be
296 used to mitigate the impacts of future land uses on public
297 facilities.
298 5. A general identification of regionally significant
299 natural resources within the planning area based on the best
300 available data and policies setting forth the procedures for
301 protection or conservation of specific resources consistent with
302 the overall conservation and development strategy for the
303 planning area.
304 6. General principles and guidelines addressing the urban
305 form and the interrelationships of future land uses; the
306 protection and, as appropriate, restoration and management of
307 lands identified for permanent preservation through recordation
308 of conservation easements consistent with s. 704.06, which shall
309 be phased or staged in coordination with detailed specific area
310 plans to reflect phased or staged development within the
311 planning area; achieving a more clean, healthy environment;
312 limiting urban sprawl; providing a range of housing types;
313 protecting wildlife and natural areas; advancing the efficient
314 use of land and other resources; creating quality communities of
315 a design that promotes travel by multiple transportation modes;
316 and enhancing the prospects for the creation of jobs.
317 7. Identification of general procedures and policies to
318 facilitate intergovernmental coordination to address
319 extrajurisdictional impacts from the future land uses.
320
321 A long-term master plan adopted pursuant to this section may be
322 based upon a planning period longer than the generally
323 applicable planning period of the local comprehensive plan,
324 shall specify the projected population within the planning area
325 during the chosen planning period, and may include a phasing or
326 staging schedule that allocates a portion of the local
327 government’s future growth to the planning area through the
328 planning period. A long-term master plan adopted pursuant to
329 this section is not required to demonstrate need based upon
330 projected population growth or on any other basis.
331 (b) In addition to the other requirements of this chapter,
332 except for those that are inconsistent with or superseded by the
333 planning standards of this paragraph, the detailed specific area
334 plans shall be consistent with the long-term master plan and
335 must include conditions and commitments that provide for:
336 1. Development or conservation of an area of at least 1,000
337 acres consistent with the long-term master plan. The local
338 government may approve detailed specific area plans of less than
339 1,000 acres based on local circumstances if it is determined
340 that the detailed specific area plan furthers the purposes of
341 this part and part I of chapter 380.
342 2. Detailed identification and analysis of the maximum and
343 minimum densities and intensities of use and the distribution,
344 extent, and location of future land uses.
345 3. Detailed identification of water resource development
346 and water supply development projects and related infrastructure
347 and water conservation measures to address water needs of
348 development in the detailed specific area plan.
349 4. Detailed identification of the transportation facilities
350 to serve the future land uses in the detailed specific area
351 plan.
352 5. Detailed identification of other regionally significant
353 public facilities, including public facilities outside the
354 jurisdiction of the host local government, impacts of future
355 land uses on those facilities, and required improvements
356 consistent with the long-term master plan.
357 6. Public facilities necessary to serve development in the
358 detailed specific area plan, including developer contributions
359 in a 5-year capital improvement schedule of the affected local
360 government.
361 7. Detailed analysis and identification of specific
362 measures to ensure the protection and, as appropriate,
363 restoration and management of lands within the boundary of the
364 detailed specific area plan identified for permanent
365 preservation through recordation of conservation easements
366 consistent with s. 704.06, which easements shall be effective
367 before or concurrent with the effective date of the detailed
368 specific area plan and other important resources both within and
369 outside the host jurisdiction. Any such conservation easement
370 may be based on digital orthophotography prepared by a surveyor
371 and mapper licensed under chapter 472 and may include a right of
372 adjustment authorizing the grantor to modify portions of the
373 area protected by a conservation easement and substitute other
374 lands in their place if the lands to be substituted contain no
375 less gross acreage than the lands to be removed; have equivalent
376 values in the proportion and quality of wetlands, uplands, and
377 wildlife habitat; and are contiguous to other lands protected by
378 the conservation easement. Substitution is accomplished by
379 recording an amendment to the conservation easement as accepted
380 by and with the consent of the grantee, and which consent may
381 not be unreasonably withheld.
382 8. Detailed principles and guidelines addressing the urban
383 form and the interrelationships of future land uses; achieving a
384 more clean, healthy environment; limiting urban sprawl;
385 providing a range of housing types; protecting wildlife and
386 natural areas; advancing the efficient use of land and other
387 resources; creating quality communities of a design that
388 promotes travel by multiple transportation modes; and enhancing
389 the prospects for the creation of jobs.
390 9. Identification of specific procedures to facilitate
391 intergovernmental coordination to address extrajurisdictional
392 impacts from the detailed specific area plan.
393
394 A detailed specific area plan adopted by local development order
395 pursuant to this section may be based upon a planning period
396 longer than the generally applicable planning period of the
397 local comprehensive plan and shall specify the projected
398 population within the specific planning area during the chosen
399 planning period. A detailed specific area plan adopted pursuant
400 to this section is not required to demonstrate need based upon
401 projected population growth or on any other basis. All lands
402 identified in the long-term master plan for permanent
403 preservation shall be subject to a recorded conservation
404 easement consistent with s. 704.06 before or concurrent with the
405 effective date of the final detailed specific area plan to be
406 approved within the planning area. Any such conservation
407 easement may be based on digital orthophotography prepared by a
408 surveyor and mapper licensed under chapter 472 and may include a
409 right of adjustment authorizing the grantor to modify portions
410 of the area protected by a conservation easement and substitute
411 other lands in their place if the lands to be substituted
412 contain no less gross acreage than the lands to be removed; have
413 equivalent values in the proportion and quality of wetlands,
414 uplands, and wildlife habitat; and are contiguous to other lands
415 protected by the conservation easement. Substitution is
416 accomplished by recording an amendment to the conservation
417 easement as accepted by and with the consent of the grantee, and
418 which consent may not be unreasonably withheld.
419 (c) In its review of a long-term master plan, the state
420 land planning agency shall consult with the Department of
421 Agriculture and Consumer Services, the Department of
422 Environmental Protection, the Fish and Wildlife Conservation
423 Commission, and the applicable water management district
424 regarding the design of areas for protection and conservation of
425 regionally significant natural resources and for the protection
426 and, as appropriate, restoration and management of lands
427 identified for permanent preservation.
428 (d) In its review of a long-term master plan, the state
429 land planning agency shall consult with the Department of
430 Transportation, the applicable metropolitan planning
431 organization, and any urban transit agency regarding the
432 location, capacity, design, and phasing or staging of major
433 transportation facilities in the planning area.
434 (e) Whenever a local government issues a development order
435 approving a detailed specific area plan, a copy of such order
436 shall be rendered to the state land planning agency and the
437 owner or developer of the property affected by such order, as
438 prescribed by rules of the state land planning agency for a
439 development order for a development of regional impact. Within
440 45 days after the order is rendered, the owner, the developer,
441 or the state land planning agency may appeal the order to the
442 Florida Land and Water Adjudicatory Commission by filing a
443 petition alleging that the detailed specific area plan is not
444 consistent with the comprehensive plan or with the long-term
445 master plan adopted pursuant to this section. The appellant
446 shall furnish a copy of the petition to the opposing party, as
447 the case may be, and to the local government that issued the
448 order. The filing of the petition stays the effectiveness of the
449 order until after completion of the appeal process. However, if
450 a development order approving a detailed specific area plan has
451 been challenged by an aggrieved or adversely affected party in a
452 judicial proceeding pursuant to s. 163.3215, and a party to such
453 proceeding serves notice to the state land planning agency, the
454 state land planning agency shall dismiss its appeal to the
455 commission and shall have the right to intervene in the pending
456 judicial proceeding pursuant to s. 163.3215. Proceedings for
457 administrative review of an order approving a detailed specific
458 area plan shall be conducted consistent with s. 380.07(6). The
459 commission shall issue a decision granting or denying permission
460 to develop pursuant to the long-term master plan and the
461 standards of this part and may attach conditions or restrictions
462 to its decisions.
463 (f) The applicant for a detailed specific area plan shall
464 transmit copies of the application to the reviewing agencies
465 specified in s. 163.3184(1)(c), or their successor agencies, for
466 review and comment as to whether the detailed specific area plan
467 is consistent with the comprehensive plan and the long-term
468 master plan. Any comments from the reviewing agencies shall be
469 submitted in writing to the local government with jurisdiction
470 and to the state land planning agency within 30 days after the
471 applicant’s transmittal of the application.
472 (g)(f) This subsection does not prevent preparation and
473 approval of the sector plan and detailed specific area plan
474 concurrently or in the same submission.
475 (h) If an applicant seeks to use wetland or upland
476 preservation achieved by granting conservation easements
477 required under this section as compensatory mitigation for
478 permitting purposes under chapter 373 or chapter 379, the
479 Department of Environmental Protection, the Fish and Wildlife
480 Conservation Commission, or the water management district may
481 accept such mitigation under the criteria established in the
482 uniform assessment method required by s. 373.414, or pursuant to
483 chapter 379, as applicable, without considering the fact that a
484 conservation easement encumbering the same real property was
485 previously recorded pursuant to paragraph (b).
486 (9) The adoption of a long-term master plan or a detailed
487 specific area plan pursuant to this section does not limit the
488 right to continue existing agricultural or silvicultural uses or
489 other natural resource-based operations or to establish similar
490 new agricultural or silvicultural uses that are consistent with
491 the plans approved pursuant to this section.
492 (13) An applicant with an approved master development order
493 may request that the applicable water management district issue
494 a consumptive use permit as set forth in s. 373.236(8) for the
495 same period of time as the approved master development order.
496 (15) The more specific provisions of this section shall
497 supersede the generally applicable provisions of this chapter
498 which otherwise would apply. This section does not preclude a
499 local government from requiring data and analysis beyond the
500 minimum criteria established in this section.
501 Section 5. Subsection (11) of section 163.3246, Florida
502 Statutes, is amended, and subsection (14) is added to that
503 section to read:
504 163.3246 Local government comprehensive planning
505 certification program.—
506 (11) If the local government of an area described in
507 subsection (10) does not request that the state land planning
508 agency review the developments of regional impact that are
509 proposed within the certified area, an application for approval
510 of a development order within the certified area shall be exempt
511 from review under s. 380.06, subject to the following:
512 (a) Concurrent with filing an application for development
513 approval with the local government, a developer proposing a
514 project that would have been subject to review pursuant to s.
515 380.06 shall notify in writing the regional planning council
516 with jurisdiction.
517 (b) The regional planning council shall coordinate with the
518 developer and the local government to ensure that all
519 concurrency requirements as well as federal, state, and local
520 environmental permit requirements are met.
521 (14) It is the intent of the Legislature to encourage the
522 creation of connected-city corridors that facilitate the growth
523 of high-technology industry and innovation through partnerships
524 that support research, marketing, workforce, and
525 entrepreneurship. It is the intent of the Legislature to provide
526 for a locally controlled, comprehensive plan amendment process
527 for such projects that are designed to achieve a cleaner,
528 healthier environment; limit urban sprawl by promoting diverse
529 but interconnected communities; provide a range of
530 intergenerational housing types; protect wildlife and natural
531 areas; assure the efficient use of land and other resources;
532 create quality communities of a design that promotes alternative
533 transportation networks and travel by multiple transportation
534 modes; and enhance the prospects for the creation of jobs. The
535 Legislature finds and declares that this state’s connected-city
536 corridors require a reduced level of state and regional
537 oversight because of their high degree of urbanization and the
538 planning capabilities and resources of the local government.
539 (a) Notwithstanding subsections (2), (4), (5), (6), and
540 (7), Pasco County is named a pilot community and shall be
541 considered certified for a period of 10 years for connected-city
542 corridor plan amendments. The state land planning agency shall
543 provide a written notice of certification to Pasco County by
544 July 15, 2015, which shall be considered a final agency action
545 subject to challenge under s. 120.569. The notice of
546 certification must include:
547 1. The boundary of the connected-city corridor
548 certification area; and
549 2. A requirement that Pasco County submit an annual or
550 biennial monitoring report to the state land planning agency
551 according to the schedule provided in the written notice. The
552 monitoring report must, at a minimum, include the number of
553 amendments to the comprehensive plan adopted by Pasco County,
554 the number of plan amendments challenged by an affected person,
555 and the disposition of such challenges.
556 (b) A plan amendment adopted under this subsection may be
557 based upon a planning period longer than the generally
558 applicable planning period of the Pasco County local
559 comprehensive plan, must specify the projected population within
560 the planning area during the chosen planning period, may include
561 a phasing or staging schedule that allocates a portion of Pasco
562 County’s future growth to the planning area through the planning
563 period, and may designate a priority zone or subarea within the
564 connected-city corridor for initial implementation of the plan.
565 A plan amendment adopted under this subsection is not required
566 to demonstrate need based upon projected population growth or on
567 any other basis.
568 (c) If Pasco County adopts a long-term transportation
569 network plan and financial feasibility plan, and subject to
570 compliance with the requirements of such a plan, the projects
571 within the connected-city corridor are deemed to have satisfied
572 all concurrency and other state agency or local government
573 transportation mitigation requirements except for site-specific
574 access management requirements.
575 (d) If Pasco County does not request that the state land
576 planning agency review the developments of regional impact that
577 are proposed within the certified area, an application for
578 approval of a development order within the certified area is
579 exempt from review under s. 380.06.
580 (e) The Office of Program Policy Analysis and Government
581 Accountability (OPPAGA) shall submit to the Governor, the
582 President of the Senate, and the Speaker of the House of
583 Representatives by December 1, 2024, a report and
584 recommendations for implementing a statewide program that
585 addresses the legislative findings in this subsection. In
586 consultation with the state land planning agency, OPPAGA shall
587 develop the report and recommendations with input from other
588 state and regional agencies, local governments, and interest
589 groups. OPPAGA shall also solicit citizen input in the
590 potentially affected areas and consult with the affected local
591 government and stakeholder groups. Additionally, OPPAGA shall
592 review local and state actions and correspondence relating to
593 the pilot program to identify issues of process and substance in
594 recommending changes to the pilot program. At a minimum, the
595 report and recommendations must include:
596 1. Identification of local governments other than the local
597 government participating in the pilot program which should be
598 certified. The report may also recommend that a local government
599 is no longer appropriate for certification; and
600 2. Changes to the certification pilot program.
601 Section 6. Subsection (4) of section 163.3248, Florida
602 Statutes, is amended to read:
603 163.3248 Rural land stewardship areas.—
604 (4) A local government or one or more property owners may
605 request assistance and participation in the development of a
606 plan for the rural land stewardship area from the state land
607 planning agency, the Department of Agriculture and Consumer
608 Services, the Fish and Wildlife Conservation Commission, the
609 Department of Environmental Protection, the appropriate water
610 management district, the Department of Transportation, the
611 regional planning council, private land owners, and
612 stakeholders.
613 Section 7. Subsection (8) of section 163.340, Florida
614 Statutes, is amended to read:
615 163.340 Definitions.—The following terms, wherever used or
616 referred to in this part, have the following meanings:
617 (8) “Blighted area” means an area in which there are a
618 substantial number of deteriorated, or deteriorating
619 structures;, in which conditions, as indicated by government
620 maintained statistics or other studies, endanger life or
621 property or are leading to economic distress; or endanger life
622 or property, and in which two or more of the following factors
623 are present:
624 (a) Predominance of defective or inadequate street layout,
625 parking facilities, roadways, bridges, or public transportation
626 facilities.;
627 (b) Aggregate assessed values of real property in the area
628 for ad valorem tax purposes have failed to show any appreciable
629 increase over the 5 years prior to the finding of such
630 conditions.;
631 (c) Faulty lot layout in relation to size, adequacy,
632 accessibility, or usefulness.;
633 (d) Unsanitary or unsafe conditions.;
634 (e) Deterioration of site or other improvements.;
635 (f) Inadequate and outdated building density patterns.;
636 (g) Falling lease rates per square foot of office,
637 commercial, or industrial space compared to the remainder of the
638 county or municipality.;
639 (h) Tax or special assessment delinquency exceeding the
640 fair value of the land.;
641 (i) Residential and commercial vacancy rates higher in the
642 area than in the remainder of the county or municipality.;
643 (j) Incidence of crime in the area higher than in the
644 remainder of the county or municipality.;
645 (k) Fire and emergency medical service calls to the area
646 proportionately higher than in the remainder of the county or
647 municipality.;
648 (l) A greater number of violations of the Florida Building
649 Code in the area than the number of violations recorded in the
650 remainder of the county or municipality.;
651 (m) Diversity of ownership or defective or unusual
652 conditions of title which prevent the free alienability of land
653 within the deteriorated or hazardous area.; or
654 (n) Governmentally owned property with adverse
655 environmental conditions caused by a public or private entity.
656 (o) A substantial number or percentage of properties
657 damaged by sinkhole activity which have not been adequately
658 repaired or stabilized.
659
660 However, the term “blighted area” also means any area in which
661 at least one of the factors identified in paragraphs (a) through
662 (o) is (n) are present and all taxing authorities subject to s.
663 163.387(2)(a) agree, either by interlocal agreement or
664 agreements with the agency or by resolution, that the area is
665 blighted. Such agreement or resolution must be limited to a
666 determination shall only determine that the area is blighted.
667 For purposes of qualifying for the tax credits authorized in
668 chapter 220, “blighted area” means an area as defined in this
669 subsection.
670 Section 8. Subsection (3) of section 163.524, Florida
671 Statutes, is amended to read:
672 163.524 Neighborhood Preservation and Enhancement Program;
673 participation; creation of Neighborhood Preservation and
674 Enhancement Districts; creation of Neighborhood Councils and
675 Neighborhood Enhancement Plans.—
676 (3) After the boundaries and size of the Neighborhood
677 Preservation and Enhancement District have been defined, the
678 local government shall pass an ordinance authorizing the
679 creation of the Neighborhood Preservation and Enhancement
680 District. The ordinance shall contain a finding that the
681 boundaries of the Neighborhood Preservation and Enhancement
682 District comply with meet the provisions of s. 163.340(7) or s.
683 (8)(a)-(o) (8)(a)-(n) or do not contain properties that are
684 protected by deed restrictions. Such ordinance may be amended or
685 repealed in the same manner as other local ordinances.
686 Section 9. Section 186.0201, Florida Statutes, is repealed.
687 Section 10. Subsection (22) of section 186.505, Florida
688 Statutes, is amended to read:
689 186.505 Regional planning councils; powers and duties.—Any
690 regional planning council created hereunder shall have the
691 following powers:
692 (22) To establish and conduct a cross-acceptance
693 negotiation process with local governments intended to resolve
694 inconsistencies between applicable local and regional plans,
695 with participation by local governments being voluntary.
696 Section 11. Section 186.512, Florida Statutes, is created
697 to read:
698 186.512 Designation of regional planning councils.—
699 (1) The territorial area of the state is subdivided into
700 the following districts for the purpose of regional
701 comprehensive planning. The name and geographic area of each
702 respective district must accord with the following:
703 (a) West Florida Regional Planning Council: Bay, Escambia,
704 Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
705 (b) Apalachee Regional Planning Council: Calhoun, Franklin,
706 Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
707 Counties.
708 (c) North Central Florida Regional Planning Council:
709 Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
710 Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
711 Counties.
712 (d) Northeast Florida Regional Planning Council: Baker,
713 Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
714 (e) East Central Florida Regional Planning Council:
715 Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
716 Counties.
717 (f) Central Florida Regional Planning Council: DeSoto,
718 Hardee, Highlands, Okeechobee, and Polk Counties.
719 (g) Tampa Bay Regional Planning Council: Citrus, Hernando,
720 Hillsborough, Manatee, Pasco, and Pinellas Counties.
721 (h) Southwest Florida Regional Planning Council: Charlotte,
722 Collier, Glades, Hendry, Lee, and Sarasota Counties.
723 (i) Treasure Coast Regional Planning Council: Indian River,
724 Martin, Palm Beach, and St. Lucie Counties.
725 (j) South Florida Regional Planning Council: Broward,
726 Miami-Dade, and Monroe Counties.
727 (2) Beginning January 1, 2016, and thereafter, the Governor
728 may review and update the district boundaries of the regional
729 planning councils pursuant to his authority under s. 186.506(4).
730 (3) For the purposes of transition from one regional
731 planning council to another, the successor regional planning
732 council shall apply the prior strategic regional policy plan to
733 a local government until such time as the successor regional
734 planning council amends its plan pursuant to this chapter to
735 include the affected local government within the new region.
736 Section 12. Section 186.513, Florida Statutes, is amended
737 to read:
738 186.513 Reports.—Each regional planning council shall
739 prepare and furnish an annual report on its activities to the
740 state land planning agency as defined in s. 163.3164 and the
741 local general-purpose governments within its boundaries and,
742 upon payment as may be established by the council, to any
743 interested person. The regional planning councils shall make a
744 joint report and recommendations to appropriate legislative
745 committees.
746 Section 13. Subsection (2) of section 190.005, Florida
747 Statutes, is amended to read:
748 190.005 Establishment of district.—
749 (2) The exclusive and uniform method for the establishment
750 of a community development district of less than 1,000 acres in
751 size or a community development district of up to 7,000 acres in
752 size located within a connected-city corridor established
753 pursuant to s. 163.3246(14) shall be pursuant to an ordinance
754 adopted by the county commission of the county having
755 jurisdiction over the majority of land in the area in which the
756 district is to be located granting a petition for the
757 establishment of a community development district as follows:
758 (a) A petition for the establishment of a community
759 development district shall be filed by the petitioner with the
760 county commission. The petition shall contain the same
761 information as required in paragraph (1)(a).
762 (b) A public hearing on the petition shall be conducted by
763 the county commission in accordance with the requirements and
764 procedures of paragraph (1)(d).
765 (c) The county commission shall consider the record of the
766 public hearing and the factors set forth in paragraph (1)(e) in
767 making its determination to grant or deny a petition for the
768 establishment of a community development district.
769 (d) The county commission shall not adopt any ordinance
770 which would expand, modify, or delete any provision of the
771 uniform community development district charter as set forth in
772 ss. 190.006-190.041. An ordinance establishing a community
773 development district shall only include the matters provided for
774 in paragraph (1)(f) unless the commission consents to any of the
775 optional powers under s. 190.012(2) at the request of the
776 petitioner.
777 (e) If all of the land in the area for the proposed
778 district is within the territorial jurisdiction of a municipal
779 corporation, then the petition requesting establishment of a
780 community development district under this act shall be filed by
781 the petitioner with that particular municipal corporation. In
782 such event, the duties of the county, hereinabove described, in
783 action upon the petition shall be the duties of the municipal
784 corporation. If any of the land area of a proposed district is
785 within the land area of a municipality, the county commission
786 may not create the district without municipal approval. If all
787 of the land in the area for the proposed district, even if less
788 than 1,000 acres, is within the territorial jurisdiction of two
789 or more municipalities, except for proposed districts within a
790 connected-city corridor established pursuant to s. 163.3246(14),
791 the petition shall be filed with the Florida Land and Water
792 Adjudicatory Commission and proceed in accordance with
793 subsection (1).
794 (f) Notwithstanding any other provision of this subsection,
795 within 90 days after a petition for the establishment of a
796 community development district has been filed pursuant to this
797 subsection, the governing body of the county or municipal
798 corporation may transfer the petition to the Florida Land and
799 Water Adjudicatory Commission, which shall make the
800 determination to grant or deny the petition as provided in
801 subsection (1). A county or municipal corporation shall have no
802 right or power to grant or deny a petition that has been
803 transferred to the Florida Land and Water Adjudicatory
804 Commission.
805 Section 14. Section 253.7828, Florida Statutes, is amended
806 to read:
807 253.7828 Impairment of use or conservation by agencies
808 prohibited.—All agencies of the state, regional planning
809 councils, water management districts, and local governments
810 shall recognize the special character of the lands and waters
811 designated by the state as the Cross Florida Greenways State
812 Recreation and Conservation Area and shall not take any action
813 which will impair its use and conservation.
814 Section 15. Section 260.018, Florida Statutes, is repealed.
815 Section 16. Paragraph (b) of subsection (4) of section
816 339.155, Florida Statutes, is amended to read:
817 339.155 Transportation planning.—
818 (4) ADDITIONAL TRANSPORTATION PLANS.—
819 (b) Each regional planning council, as provided for in s.
820 186.504, or any successor agency thereto, shall develop, as an
821 element of its strategic regional policy plan, transportation
822 goals and policies. The transportation goals and policies must
823 be prioritized to comply with the prevailing principles provided
824 in subsection (1) and s. 334.046(1). The transportation goals
825 and policies shall be consistent, to the maximum extent
826 feasible, with the goals and policies of the metropolitan
827 planning organization and the Florida Transportation Plan. The
828 transportation goals and policies of the regional planning
829 council will be advisory only and shall be submitted to the
830 department and any affected metropolitan planning organization
831 for their consideration and comments. Metropolitan planning
832 organization plans and other local transportation plans shall be
833 developed consistent, to the maximum extent feasible, with the
834 regional transportation goals and policies. The regional
835 planning council shall review urbanized area transportation
836 plans and any other planning products stipulated in s. 339.175
837 and provide the department and respective metropolitan planning
838 organizations with written recommendations, which the department
839 and the metropolitan planning organizations shall take under
840 advisement. Further, the regional planning councils shall
841 directly assist local governments that are not part of a
842 metropolitan area transportation planning process in the
843 development of the transportation element of their comprehensive
844 plans as required by s. 163.3177.
845 Section 17. Subsection (8) is added to section 373.236,
846 Florida Statutes, to read:
847 373.236 Duration of permits; compliance reports.—
848 (8) A water management district may issue a permit to an
849 applicant, as set forth in s. 163.3245(13), for the same period
850 of time as the applicant’s approved master development order if
851 the master development order was issued under s. 380.06(21) by a
852 county which, at the time the order issued, was designated as a
853 rural area of opportunity under s. 288.0656, was not located in
854 an area encompassed by a regional water supply plan as set forth
855 in s. 373.709(1), and was not located within the basin
856 management action plan of a first magnitude spring. In reviewing
857 the permit application and determining the permit duration, the
858 water management district shall apply s. 163.3245(4)(b).
859 Section 18. Subsection (18) of section 380.06, Florida
860 Statutes, is amended and subsection (30) is added to that
861 section, to read:
862 380.06 Developments of regional impact.—
863 (18) BIENNIAL REPORTS.—The developer shall submit a
864 biennial report on the development of regional impact to the
865 local government, the regional planning agency, the state land
866 planning agency, and all affected permit agencies in alternate
867 years on the date specified in the development order, unless the
868 development order by its terms requires more frequent
869 monitoring. If the report is not received, the regional planning
870 agency or the state land planning agency shall notify the local
871 government. If the local government does not receive the report
872 or receives notification that the regional planning agency or
873 the state land planning agency has not received the report, the
874 local government shall request in writing that the developer
875 submit the report within 30 days. The failure to submit the
876 report after 30 days shall result in the temporary suspension of
877 the development order by the local government. If no additional
878 development pursuant to the development order has occurred since
879 the submission of the previous report, then a letter from the
880 developer stating that no development has occurred shall satisfy
881 the requirement for a report. Development orders that require
882 annual reports may be amended to require biennial reports at the
883 option of the local government.
884 (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
885 otherwise subject to the review requirements of this section
886 shall be approved by a local government pursuant to s.
887 163.3184(4) in lieu of proceeding in accordance with this
888 section.
889 Section 19. Subsections (2) and (3) of section 403.50663,
890 Florida Statutes, are amended to read:
891 403.50663 Informational public meetings.—
892 (2) Informational public meetings shall be held solely at
893 the option of each local government or regional planning council
894 if a public meeting is not held by the local government. It is
895 the legislative intent that local governments or regional
896 planning councils attempt to hold such public meetings. Parties
897 to the proceedings under this act shall be encouraged to attend;
898 however, no party other than the applicant and the department
899 shall be required to attend such informational public meetings.
900 (3) A local government or regional planning council that
901 intends to conduct an informational public meeting must provide
902 notice of the meeting to all parties not less than 5 days prior
903 to the meeting and to the general public in accordance with s.
904 403.5115(5). The expense for such notice is eligible for
905 reimbursement under s. 403.518(2)(c)1.
906 Section 20. Paragraph (a) of subsection (2) of section
907 403.507, Florida Statutes, is amended to read:
908 403.507 Preliminary statements of issues, reports, project
909 analyses, and studies.—
910 (2)(a) No later than 100 days after the certification
911 application has been determined complete, the following agencies
912 shall prepare reports as provided below and shall submit them to
913 the department and the applicant, unless a final order denying
914 the determination of need has been issued under s. 403.519:
915 1. The Department of Economic Opportunity shall prepare a
916 report containing recommendations which address the impact upon
917 the public of the proposed electrical power plant, based on the
918 degree to which the electrical power plant is consistent with
919 the applicable portions of the state comprehensive plan,
920 emergency management, and other such matters within its
921 jurisdiction. The Department of Economic Opportunity may also
922 comment on the consistency of the proposed electrical power
923 plant with applicable strategic regional policy plans or local
924 comprehensive plans and land development regulations.
925 2. The water management district shall prepare a report as
926 to matters within its jurisdiction, including but not limited
927 to, the impact of the proposed electrical power plant on water
928 resources, regional water supply planning, and district-owned
929 lands and works.
930 3. Each local government in whose jurisdiction the proposed
931 electrical power plant is to be located shall prepare a report
932 as to the consistency of the proposed electrical power plant
933 with all applicable local ordinances, regulations, standards, or
934 criteria that apply to the proposed electrical power plant,
935 including any applicable local environmental regulations adopted
936 pursuant to s. 403.182 or by other means.
937 4. The Fish and Wildlife Conservation Commission shall
938 prepare a report as to matters within its jurisdiction.
939 5. Each regional planning council shall prepare a report
940 containing recommendations that address the impact upon the
941 public of the proposed electrical power plant, based on the
942 degree to which the electrical power plant is consistent with
943 the applicable provisions of the strategic regional policy plan
944 adopted pursuant to chapter 186 and other matters within its
945 jurisdiction.
946 5.6. The Department of Transportation shall address the
947 impact of the proposed electrical power plant on matters within
948 its jurisdiction.
949 Section 21. Paragraph (a) of subsection (3) and paragraph
950 (a) of subsection (4) of section 403.508, Florida Statutes, are
951 amended to read:
952 403.508 Land use and certification hearings, parties,
953 participants.—
954 (3)(a) Parties to the proceeding shall include:
955 1. The applicant.
956 2. The Public Service Commission.
957 3. The Department of Economic Opportunity.
958 4. The Fish and Wildlife Conservation Commission.
959 5. The water management district.
960 6. The department.
961 7. The regional planning council.
962 7.8. The local government.
963 8.9. The Department of Transportation.
964 (4)(a) The order of presentation at the certification
965 hearing, unless otherwise changed by the administrative law
966 judge to ensure the orderly presentation of witnesses and
967 evidence, shall be:
968 1. The applicant.
969 2. The department.
970 3. State agencies.
971 4. Regional agencies, including regional planning councils
972 and water management districts.
973 5. Local governments.
974 6. Other parties.
975 Section 22. Subsection (5) of section 403.5115, Florida
976 Statutes, is amended to read:
977 403.5115 Public notice.—
978 (5) A local government or regional planning council that
979 proposes to conduct an informational public meeting pursuant to
980 s. 403.50663 must publish notice of the meeting in a newspaper
981 of general circulation within the county or counties in which
982 the proposed electrical power plant will be located no later
983 than 7 days prior to the meeting. A newspaper of general
984 circulation shall be the newspaper that has the largest daily
985 circulation in that county and has its principal office in that
986 county. If the newspaper with the largest daily circulation has
987 its principal office outside the county, the notices shall
988 appear in both the newspaper having the largest circulation in
989 that county and in a newspaper authorized to publish legal
990 notices in that county.
991 Section 23. Paragraph (a) of subsection (2) of section
992 403.526, Florida Statutes, is amended to read:
993 403.526 Preliminary statements of issues, reports, and
994 project analyses; studies.—
995 (2)(a) No later than 90 days after the filing of the
996 application, the following agencies shall prepare reports as
997 provided below, unless a final order denying the determination
998 of need has been issued under s. 403.537:
999 1. The department shall prepare a report as to the impact
1000 of each proposed transmission line or corridor as it relates to
1001 matters within its jurisdiction.
1002 2. Each water management district in the jurisdiction of
1003 which a proposed transmission line or corridor is to be located
1004 shall prepare a report as to the impact on water resources and
1005 other matters within its jurisdiction.
1006 3. The Department of Economic Opportunity shall prepare a
1007 report containing recommendations which address the impact upon
1008 the public of the proposed transmission line or corridor, based
1009 on the degree to which the proposed transmission line or
1010 corridor is consistent with the applicable portions of the state
1011 comprehensive plan, emergency management, and other matters
1012 within its jurisdiction. The Department of Economic Opportunity
1013 may also comment on the consistency of the proposed transmission
1014 line or corridor with applicable strategic regional policy plans
1015 or local comprehensive plans and land development regulations.
1016 4. The Fish and Wildlife Conservation Commission shall
1017 prepare a report as to the impact of each proposed transmission
1018 line or corridor on fish and wildlife resources and other
1019 matters within its jurisdiction.
1020 5. Each local government shall prepare a report as to the
1021 impact of each proposed transmission line or corridor on matters
1022 within its jurisdiction, including the consistency of the
1023 proposed transmission line or corridor with all applicable local
1024 ordinances, regulations, standards, or criteria that apply to
1025 the proposed transmission line or corridor, including local
1026 comprehensive plans, zoning regulations, land development
1027 regulations, and any applicable local environmental regulations
1028 adopted pursuant to s. 403.182 or by other means. A change by
1029 the responsible local government or local agency in local
1030 comprehensive plans, zoning ordinances, or other regulations
1031 made after the date required for the filing of the local
1032 government’s report required by this section is not applicable
1033 to the certification of the proposed transmission line or
1034 corridor unless the certification is denied or the application
1035 is withdrawn.
1036 6. Each regional planning council shall present a report
1037 containing recommendations that address the impact upon the
1038 public of the proposed transmission line or corridor based on
1039 the degree to which the transmission line or corridor is
1040 consistent with the applicable provisions of the strategic
1041 regional policy plan adopted under chapter 186 and other impacts
1042 of each proposed transmission line or corridor on matters within
1043 its jurisdiction.
1044 6.7. The Department of Transportation shall prepare a
1045 report as to the impact of the proposed transmission line or
1046 corridor on state roads, railroads, airports, aeronautics,
1047 seaports, and other matters within its jurisdiction.
1048 7.8. The commission shall prepare a report containing its
1049 determination under s. 403.537, and the report may include the
1050 comments from the commission with respect to any other subject
1051 within its jurisdiction.
1052 8.9. Any other agency, if requested by the department,
1053 shall also perform studies or prepare reports as to subjects
1054 within the jurisdiction of the agency which may potentially be
1055 affected by the proposed transmission line.
1056 Section 24. Paragraph (a) of subsection (2) and paragraph
1057 (a) of subsection (3) of section 403.527, Florida Statutes, are
1058 amended to read:
1059 403.527 Certification hearing, parties, participants.—
1060 (2)(a) Parties to the proceeding shall be:
1061 1. The applicant.
1062 2. The department.
1063 3. The commission.
1064 4. The Department of Economic Opportunity.
1065 5. The Fish and Wildlife Conservation Commission.
1066 6. The Department of Transportation.
1067 7. Each water management district in the jurisdiction of
1068 which the proposed transmission line or corridor is to be
1069 located.
1070 8. The local government.
1071 9. The regional planning council.
1072 (3)(a) The order of presentation at the certification
1073 hearing, unless otherwise changed by the administrative law
1074 judge to ensure the orderly presentation of witnesses and
1075 evidence, shall be:
1076 1. The applicant.
1077 2. The department.
1078 3. State agencies.
1079 4. Regional agencies, including regional planning councils
1080 and water management districts.
1081 5. Local governments.
1082 6. Other parties.
1083 Section 25. Subsections (2) and (3) of section 403.5272,
1084 Florida Statutes, are amended to read:
1085 403.5272 Informational public meetings.—
1086 (2) Informational public meetings shall be held solely at
1087 the option of each local government or regional planning
1088 council. It is the legislative intent that local governments or
1089 regional planning councils attempt to hold such public meetings.
1090 Parties to the proceedings under this act shall be encouraged to
1091 attend; however, a party other than the applicant and the
1092 department is not required to attend the informational public
1093 meetings.
1094 (3) A local government or regional planning council that
1095 intends to conduct an informational public meeting must provide
1096 notice of the meeting, with notice sent to all parties listed in
1097 s. 403.527(2)(a), not less than 15 days before the meeting and
1098 to the general public in accordance with s. 403.5363(4).
1099 Section 26. Subsection (4) of section 403.7264, Florida
1100 Statutes, is amended to read:
1101 403.7264 Amnesty days for purging small quantities of
1102 hazardous wastes.—Amnesty days are authorized by the state for
1103 the purpose of purging small quantities of hazardous waste, free
1104 of charge, from the possession of homeowners, farmers, schools,
1105 state agencies, and small businesses. These entities have no
1106 appropriate economically feasible mechanism for disposing of
1107 their hazardous wastes at the present time. In order to raise
1108 public awareness on this issue, provide an educational process,
1109 accommodate those entities which have a need to dispose of small
1110 quantities of hazardous waste, and preserve the waters of the
1111 state, amnesty days shall be carried out in the following
1112 manner:
1113 (4) Regional planning councils shall assist the department
1114 in site selection, public awareness, and program coordination.
1115 However, the department shall retain full responsibility for the
1116 state amnesty days program.
1117 Section 27. Paragraph (a) of subsection (2) of section
1118 403.941, Florida Statutes, is amended to read:
1119 403.941 Preliminary statements of issues, reports, and
1120 studies.—
1121 (2)(a) The affected agencies shall prepare reports as
1122 provided in this paragraph and shall submit them to the
1123 department and the applicant within 60 days after the
1124 application is determined sufficient:
1125 1. The department shall prepare a report as to the impact
1126 of each proposed natural gas transmission pipeline or corridor
1127 as it relates to matters within its jurisdiction.
1128 2. Each water management district in the jurisdiction of
1129 which a proposed natural gas transmission pipeline or corridor
1130 is to be located shall prepare a report as to the impact on
1131 water resources and other matters within its jurisdiction.
1132 3. The Department of Economic Opportunity shall prepare a
1133 report containing recommendations which address the impact upon
1134 the public of the proposed natural gas transmission pipeline or
1135 corridor, based on the degree to which the proposed natural gas
1136 transmission pipeline or corridor is consistent with the
1137 applicable portions of the state comprehensive plan and other
1138 matters within its jurisdiction. The Department of Economic
1139 Opportunity may also comment on the consistency of the proposed
1140 natural gas transmission pipeline or corridor with applicable
1141 strategic regional policy plans or local comprehensive plans and
1142 land development regulations.
1143 4. The Fish and Wildlife Conservation Commission shall
1144 prepare a report as to the impact of each proposed natural gas
1145 transmission pipeline or corridor on fish and wildlife resources
1146 and other matters within its jurisdiction.
1147 5. Each local government in which the natural gas
1148 transmission pipeline or natural gas transmission pipeline
1149 corridor will be located shall prepare a report as to the impact
1150 of each proposed natural gas transmission pipeline or corridor
1151 on matters within its jurisdiction, including the consistency of
1152 the proposed natural gas transmission pipeline or corridor with
1153 all applicable local ordinances, regulations, standards, or
1154 criteria that apply to the proposed natural gas transmission
1155 pipeline or corridor, including local comprehensive plans,
1156 zoning regulations, land development regulations, and any
1157 applicable local environmental regulations adopted pursuant to
1158 s. 403.182 or by other means. No change by the responsible local
1159 government or local agency in local comprehensive plans, zoning
1160 ordinances, or other regulations made after the date required
1161 for the filing of the local government’s report required by this
1162 section shall be applicable to the certification of the proposed
1163 natural gas transmission pipeline or corridor unless the
1164 certification is denied or the application is withdrawn.
1165 6. Each regional planning council in which the natural gas
1166 transmission pipeline or natural gas transmission pipeline
1167 corridor will be located shall present a report containing
1168 recommendations that address the impact upon the public of the
1169 proposed natural gas transmission pipeline or corridor, based on
1170 the degree to which the natural gas transmission pipeline or
1171 corridor is consistent with the applicable provisions of the
1172 strategic regional policy plan adopted pursuant to chapter 186
1173 and other impacts of each proposed natural gas transmission
1174 pipeline or corridor on matters within its jurisdiction.
1175 6.7. The Department of Transportation shall prepare a
1176 report on the effect of the natural gas transmission pipeline or
1177 natural gas transmission pipeline corridor on matters within its
1178 jurisdiction, including roadway crossings by the pipeline. The
1179 report shall contain at a minimum:
1180 a. A report by the applicant to the department stating that
1181 all requirements of the department’s utilities accommodation
1182 guide have been or will be met in regard to the proposed
1183 pipeline or pipeline corridor; and
1184 b. A statement by the department as to the adequacy of the
1185 report to the department by the applicant.
1186 7.8. The Department of State, Division of Historical
1187 Resources, shall prepare a report on the impact of the natural
1188 gas transmission pipeline or natural gas transmission pipeline
1189 corridor on matters within its jurisdiction.
1190 8.9. The commission shall prepare a report addressing
1191 matters within its jurisdiction. The commission’s report shall
1192 include its determination of need issued pursuant to s.
1193 403.9422.
1194 Section 28. Paragraph (a) of subsection (4) and subsection
1195 (6) of section 403.9411, Florida Statutes, are amended to read:
1196 403.9411 Notice; proceedings; parties and participants.—
1197 (4)(a) Parties to the proceeding shall be:
1198 1. The applicant.
1199 2. The department.
1200 3. The commission.
1201 4. The Department of Economic Opportunity.
1202 5. The Fish and Wildlife Conservation Commission.
1203 6. Each water management district in the jurisdiction of
1204 which the proposed natural gas transmission pipeline or corridor
1205 is to be located.
1206 7. The local government.
1207 8. The regional planning council.
1208 8.9. The Department of Transportation.
1209 9.10. The Department of State, Division of Historical
1210 Resources.
1211 (6) The order of presentation at the certification hearing,
1212 unless otherwise changed by the administrative law judge to
1213 ensure the orderly presentation of witnesses and evidence, shall
1214 be:
1215 (a) The applicant.
1216 (b) The department.
1217 (c) State agencies.
1218 (d) Regional agencies, including regional planning councils
1219 and water management districts.
1220 (e) Local governments.
1221 (f) Other parties.
1222 Section 29. Subsection (6) of section 419.001, Florida
1223 Statutes, is amended to read:
1224 419.001 Site selection of community residential homes.—
1225 (6) If agreed to by both the local government and the
1226 sponsoring agency, a conflict may be resolved through informal
1227 mediation. The local government shall arrange for the services
1228 of an independent mediator or may utilize the dispute resolution
1229 process established by a regional planning council pursuant to
1230 s. 186.509. Mediation shall be concluded within 45 days of a
1231 request therefor. The resolution of any issue through the
1232 mediation process shall not alter any person’s right to a
1233 judicial determination of any issue if that person is entitled
1234 to such a determination under statutory or common law.
1235 Section 30. Subsection (4) of section 985.682, Florida
1236 Statutes, is amended to read:
1237 985.682 Siting of facilities; criteria.—
1238 (4) When the department requests such a modification and it
1239 is denied by the local government, the local government or the
1240 department shall initiate the dispute resolution process
1241 established under s. 186.509 to reconcile differences on the
1242 siting of correctional facilities between the department, local
1243 governments, and private citizens. If the regional planning
1244 council has not established a dispute resolution process
1245 pursuant to s. 186.509, The department shall establish, by rule,
1246 procedures for dispute resolution. The dispute resolution
1247 process shall require the parties to commence meetings to
1248 reconcile their differences. If the parties fail to resolve
1249 their differences within 30 days after the denial, the parties
1250 shall engage in voluntary mediation or similar process. If the
1251 parties fail to resolve their differences by mediation within 60
1252 days after the denial, or if no action is taken on the
1253 department’s request within 90 days after the request, the
1254 department must appeal the decision of the local government on
1255 the requested modification of local plans, ordinances, or
1256 regulations to the Governor and Cabinet. Any dispute resolution
1257 process initiated under this section must conform to the time
1258 limitations set forth herein. However, upon agreement of all
1259 parties, the time limits may be extended, but in no event may
1260 the dispute resolution process extend over 180 days.
1261 Section 31. This act shall take effect upon becoming a law.
