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 Second Engrossed
20151216e2
1 A bill to be entitled
2 An act relating to community development; amending s.
3 163.3175, F.S.; deleting obsolete provisions; amending
4 s. 163.3177, F.S.; providing that certain local
5 governments are not required to amend their
6 comprehensive plans or maintain a work plan under
7 certain circumstances; amending s. 163.3184, F.S.;
8 requiring certain plan amendments be subject to the
9 state coordinated review process; amending s.
10 163.3245, F.S.; providing that other requirements of
11 this chapter inconsistent with or superseded by
12 certain planning standards relating to a long-term
13 master plan do not apply; providing that other
14 requirements of this chapter inconsistent with or
15 superseded by certain planning standards relating to
16 detailed specific area plans do not apply; providing
17 that conservation easements may be based on digital
18 orthophotography prepared by licensed surveyor and
19 mapper and may include a right of adjustment subject
20 to certain requirements; providing that substitution
21 is accomplished by recording an amendment to a
22 conservation easement as accepted by and with the
23 consent of the grantee; requiring the applicant for a
24 detailed specific area plan to transmit copies of the
25 application to specified reviewing agencies for review
26 and comment; requiring such agency comments to be
27 submitted to the local government having jurisdiction
28 and to the state land planning agency, subject to
29 certain requirements; authorizing the Department of
30 Environmental Protection, the Fish and Wildlife
31 Conservation Commission, or the water management
32 district to accept compensatory mitigation under
33 certain circumstances, pursuant to a specified section
34 or chapter; providing that the adoption of a long-term
35 master plan or a detailed specific area plan pursuant
36 to this section does not limit the right to establish
37 new agricultural or silvicultural uses under certain
38 circumstances; allowing an applicant with an approved
39 master development order to request that the
40 applicable water management district issue a specified
41 consumptive use permit for the same period of time as
42 the approved master development order; providing
43 applicability; providing that a local government is
44 not precluded from requiring data and analysis beyond
45 the minimum criteria established in this section;
46 amending s. 163.3246, F.S.; removing restrictions on
47 certain exemptions; providing legislative intent;
48 designating Pasco County as a pilot community;
49 requiring the state land planning agency to provide a
50 written certification to Pasco County within a certain
51 timeframe; providing requirements for certain plan
52 amendments; requiring the Office of Program Policy
53 Analysis and Government Accountability to submit a
54 report and recommendations to the Governor and the
55 Legislature by a certain date; providing requirements
56 for the report; amending s. 163.3248, F.S.; removing
57 the requirement that regional planning councils
58 provide assistance in developing a plan for a rural
59 land stewardship area; amending s. 163.340, F.S.;
60 expanding the definition of the term “blighted area”
61 to include a substantial number or percentage of
62 properties damaged by sinkhole activity which are not
63 adequately repaired or stabilized; conforming a cross
64 reference; amending s. 163.524, F.S.; conforming a
65 cross-reference; repealing s. 186.0201, F.S., relating
66 to electric substation planning; amending s. 186.505,
67 F.S.; removing the power of regional planning councils
68 to establish and conduct cross-acceptance negotiation
69 processes; creating s. 186.512, F.S.; subdividing the
70 state into specified geographic regions for the
71 purpose of regional comprehensive planning;
72 authorizing the Governor to review and update the
73 district boundaries of the regional planning councils;
74 providing requirements to aid in the transition of
75 regional planning councils; amending s. 186.513, F.S.;
76 deleting the requirement that regional planning
77 councils make joint reports and recommendations;
78 amending s. 190.005, F.S.; requiring community
79 development districts up to a certain size located
80 within a connected-city corridor to be established
81 pursuant to an ordinance; amending s. 253.7828, F.S.;
82 conforming provisions to changes made by the act;
83 repealing s. 260.018, F.S., relating to agency
84 recognition of certain publicly owned lands and
85 waters; amending s. 339.155, F.S.; removing certain
86 duties of regional planning councils; amending s.
87 373.236, F.S.; authorizing a water management district
88 to issue a permit to an applicant for the same period
89 of time as the applicant’s approved master development
90 order, subject to certain requirements and
91 restrictions; amending s. 380.06, F.S.; removing the
92 requirement that certain developers submit biennial
93 reports to regional planning agencies; providing that
94 new proposed developments are subject to the state
95 coordinated review process and not the development of
96 regional impact review process; amending s. 403.50663,
97 F.S.; removing requirements relating to certain
98 informational public meetings; amending s. 403.507,
99 F.S.; removing the requirement that regional planning
100 councils prepare reports addressing the impact of
101 proposed electrical power plants; amending s. 403.508,
102 F.S.; removing the requirement that regional planning
103 councils participate in certain proceedings; amending
104 s. 403.5115, F.S.; conforming provisions to changes
105 made by the act; amending s. 403.526, F.S.; removing
106 the requirement that regional planning councils
107 prepare reports addressing the impact of proposed
108 transmission lines or corridors; amending s. 403.527,
109 F.S.; removing the requirement that regional planning
110 councils parties participate in certain proceedings;
111 amending s. 403.5272, F.S.; conforming provisions to
112 changes made by the act; amending s. 403.7264, F.S.;
113 removing the requirement that regional planning
114 councils assist with amnesty days for purging small
115 quantities of hazardous wastes; amending s. 403.941,
116 F.S.; removing the requirement that regional planning
117 councils prepare reports addressing the impact of
118 proposed natural gas transmission lines or corridors;
119 amending s. 403.9411, F.S.; removing the requirement
120 that regional planning councils participate in certain
121 proceedings; amending ss. 419.001 and 985.682, F.S.;
122 removing provisions relating to the use of a certain
123 dispute resolution process; amending s. 380.0666,
124 F.S.; authorizing land authorities to contribute
125 tourist impact tax revenues to certain municipalities
126 for the construction, redevelopment, or preservation
127 of affordable housing in areas of critical state
128 concern within such municipalities; amending s.
129 125.0108, F.S.; conforming provisions to changes made
130 by the act; providing an effective date.
131
132 Be It Enacted by the Legislature of the State of Florida:
133
134 Section 1. Subsection (9) of section 163.3175, Florida
135 Statutes, is amended to read:
136 163.3175 Legislative findings on compatibility of
137 development with military installations; exchange of information
138 between local governments and military installations.—
139 (9) If a local government, as required under s.
140 163.3177(6)(a), does not adopt criteria and address
141 compatibility of lands adjacent to or closely proximate to
142 existing military installations in its future land use plan
143 element by June 30, 2012, the local government, the military
144 installation, the state land planning agency, and other parties
145 as identified by the regional planning council, including, but
146 not limited to, private landowner representatives, shall enter
147 into mediation conducted pursuant to s. 186.509. If the local
148 government comprehensive plan does not contain criteria
149 addressing compatibility by December 31, 2013, the agency may
150 notify the Administration Commission. The Administration
151 Commission may impose sanctions pursuant to s. 163.3184(8). Any
152 local government that amended its comprehensive plan to address
153 military installation compatibility requirements after 2004 and
154 was found to be in compliance is deemed to be in compliance with
155 this subsection until the local government conducts its
156 evaluation and appraisal review pursuant to s. 163.3191 and
157 determines that amendments are necessary to meet updated general
158 law requirements.
159 Section 2. Paragraph (c) of subsection (6) of section
160 163.3177, Florida Statutes, is amended to read:
161 163.3177 Required and optional elements of comprehensive
162 plan; studies and surveys.—
163 (6) In addition to the requirements of subsections (1)-(5),
164 the comprehensive plan shall include the following elements:
165 (c) A general sanitary sewer, solid waste, drainage,
166 potable water, and natural groundwater aquifer recharge element
167 correlated to principles and guidelines for future land use,
168 indicating ways to provide for future potable water, drainage,
169 sanitary sewer, solid waste, and aquifer recharge protection
170 requirements for the area. The element may be a detailed
171 engineering plan including a topographic map depicting areas of
172 prime groundwater recharge.
173 1. Each local government shall address in the data and
174 analyses required by this section those facilities that provide
175 service within the local government’s jurisdiction. Local
176 governments that provide facilities to serve areas within other
177 local government jurisdictions shall also address those
178 facilities in the data and analyses required by this section,
179 using data from the comprehensive plan for those areas for the
180 purpose of projecting facility needs as required in this
181 subsection. For shared facilities, each local government shall
182 indicate the proportional capacity of the systems allocated to
183 serve its jurisdiction.
184 2. The element shall describe the problems and needs and
185 the general facilities that will be required for solution of the
186 problems and needs, including correcting existing facility
187 deficiencies. The element shall address coordinating the
188 extension of, or increase in the capacity of, facilities to meet
189 future needs while maximizing the use of existing facilities and
190 discouraging urban sprawl; conserving potable water resources;
191 and protecting the functions of natural groundwater recharge
192 areas and natural drainage features.
193 3. Within 18 months after the governing board approves an
194 updated regional water supply plan, the element must incorporate
195 the alternative water supply project or projects selected by the
196 local government from those identified in the regional water
197 supply plan pursuant to s. 373.709(2)(a) or proposed by the
198 local government under s. 373.709(8)(b). If a local government
199 is located within two water management districts, the local
200 government shall adopt its comprehensive plan amendment within
201 18 months after the later updated regional water supply plan.
202 The element must identify such alternative water supply projects
203 and traditional water supply projects and conservation and reuse
204 necessary to meet the water needs identified in s. 373.709(2)(a)
205 within the local government’s jurisdiction and include a work
206 plan, covering at least a 10-year planning period, for building
207 public, private, and regional water supply facilities, including
208 development of alternative water supplies, which are identified
209 in the element as necessary to serve existing and new
210 development. The work plan shall be updated, at a minimum, every
211 5 years within 18 months after the governing board of a water
212 management district approves an updated regional water supply
213 plan. Local governments, public and private utilities, regional
214 water supply authorities, special districts, and water
215 management districts are encouraged to cooperatively plan for
216 the development of multijurisdictional water supply facilities
217 that are sufficient to meet projected demands for established
218 planning periods, including the development of alternative water
219 sources to supplement traditional sources of groundwater and
220 surface water supplies.
221 4. A local government that does not own, operate, or
222 maintain its own water supply facilities, including but not
223 limited to wells, treatment facilities, and distribution
224 infrastructure, and is served by a public water utility with a
225 permitted allocation of greater than 300 million gallons per day
226 is not required to amend its comprehensive plan in response to
227 an updated regional water supply plan or to maintain a work plan
228 if any such local government’s usage of water constitutes less
229 than 1 percent of the public water utility’s total permitted
230 allocation. However, any such local government is required to
231 cooperate with, and provide relevant data to, any local
232 government or utility provider that provides service within its
233 jurisdiction, and to keep its general sanitary sewer, solid
234 waste, potable water, and natural groundwater aquifer recharge
235 element updated in accordance with s. 163.3191.
236 Section 3. Paragraph (c) of subsection (2) of section
237 163.3184, Florida Statutes, is amended to read:
238 163.3184 Process for adoption of comprehensive plan or plan
239 amendment.—
240 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
241 (c) Plan amendments that are in an area of critical state
242 concern designated pursuant to s. 380.05; propose a rural land
243 stewardship area pursuant to s. 163.3248; propose a sector plan
244 pursuant to s. 163.3245 or an amendment to an adopted sector
245 plan; update a comprehensive plan based on an evaluation and
246 appraisal pursuant to s. 163.3191; propose a development that
247 qualifies as a development of regional impact pursuant to s.
248 380.06 s. 380.06(24)(x); or are new plans for newly incorporated
249 municipalities adopted pursuant to s. 163.3167 shall follow the
250 state coordinated review process in subsection (4).
251 Section 4. Present subsection (13) of section 163.3245,
252 Florida Statutes, is redesignated as subsection (14),
253 subsections (3) and (9) of that section are amended, and a new
254 subsection (13) and subsection (15) are added to that section,
255 to read:
256 163.3245 Sector plans.—
257 (3) Sector planning encompasses two levels: adoption
258 pursuant to s. 163.3184 of a long-term master plan for the
259 entire planning area as part of the comprehensive plan, and
260 adoption by local development order of two or more detailed
261 specific area plans that implement the long-term master plan and
262 within which s. 380.06 is waived.
263 (a) In addition to the other requirements of this chapter,
264 except for those that are inconsistent with or superseded by the
265 planning standards of this paragraph, a long-term master plan
266 pursuant to this section must include maps, illustrations, and
267 text supported by data and analysis to address the following:
268 1. A framework map that, at a minimum, generally depicts
269 areas of urban, agricultural, rural, and conservation land use;
270 identifies allowed uses in various parts of the planning area;
271 specifies maximum and minimum densities and intensities of use;
272 and provides the general framework for the development pattern
273 in developed areas with graphic illustrations based on a
274 hierarchy of places and functional place-making components.
275 2. A general identification of the water supplies needed
276 and available sources of water, including water resource
277 development and water supply development projects, and water
278 conservation measures needed to meet the projected demand of the
279 future land uses in the long-term master plan.
280 3. A general identification of the transportation
281 facilities to serve the future land uses in the long-term master
282 plan, including guidelines to be used to establish each modal
283 component intended to optimize mobility.
284 4. A general identification of other regionally significant
285 public facilities necessary to support the future land uses,
286 which may include central utilities provided onsite within the
287 planning area, and policies setting forth the procedures to be
288 used to mitigate the impacts of future land uses on public
289 facilities.
290 5. A general identification of regionally significant
291 natural resources within the planning area based on the best
292 available data and policies setting forth the procedures for
293 protection or conservation of specific resources consistent with
294 the overall conservation and development strategy for the
295 planning area.
296 6. General principles and guidelines addressing the urban
297 form and the interrelationships of future land uses; the
298 protection and, as appropriate, restoration and management of
299 lands identified for permanent preservation through recordation
300 of conservation easements consistent with s. 704.06, which shall
301 be phased or staged in coordination with detailed specific area
302 plans to reflect phased or staged development within the
303 planning area; achieving a more clean, healthy environment;
304 limiting urban sprawl; providing a range of housing types;
305 protecting wildlife and natural areas; advancing the efficient
306 use of land and other resources; creating quality communities of
307 a design that promotes travel by multiple transportation modes;
308 and enhancing the prospects for the creation of jobs.
309 7. Identification of general procedures and policies to
310 facilitate intergovernmental coordination to address
311 extrajurisdictional impacts from the future land uses.
312
313 A long-term master plan adopted pursuant to this section may be
314 based upon a planning period longer than the generally
315 applicable planning period of the local comprehensive plan,
316 shall specify the projected population within the planning area
317 during the chosen planning period, and may include a phasing or
318 staging schedule that allocates a portion of the local
319 government’s future growth to the planning area through the
320 planning period. A long-term master plan adopted pursuant to
321 this section is not required to demonstrate need based upon
322 projected population growth or on any other basis.
323 (b) In addition to the other requirements of this chapter,
324 except for those that are inconsistent with or superseded by the
325 planning standards of this paragraph, the detailed specific area
326 plans shall be consistent with the long-term master plan and
327 must include conditions and commitments that provide for:
328 1. Development or conservation of an area of at least 1,000
329 acres consistent with the long-term master plan. The local
330 government may approve detailed specific area plans of less than
331 1,000 acres based on local circumstances if it is determined
332 that the detailed specific area plan furthers the purposes of
333 this part and part I of chapter 380.
334 2. Detailed identification and analysis of the maximum and
335 minimum densities and intensities of use and the distribution,
336 extent, and location of future land uses.
337 3. Detailed identification of water resource development
338 and water supply development projects and related infrastructure
339 and water conservation measures to address water needs of
340 development in the detailed specific area plan.
341 4. Detailed identification of the transportation facilities
342 to serve the future land uses in the detailed specific area
343 plan.
344 5. Detailed identification of other regionally significant
345 public facilities, including public facilities outside the
346 jurisdiction of the host local government, impacts of future
347 land uses on those facilities, and required improvements
348 consistent with the long-term master plan.
349 6. Public facilities necessary to serve development in the
350 detailed specific area plan, including developer contributions
351 in a 5-year capital improvement schedule of the affected local
352 government.
353 7. Detailed analysis and identification of specific
354 measures to ensure the protection and, as appropriate,
355 restoration and management of lands within the boundary of the
356 detailed specific area plan identified for permanent
357 preservation through recordation of conservation easements
358 consistent with s. 704.06, which easements shall be effective
359 before or concurrent with the effective date of the detailed
360 specific area plan and other important resources both within and
361 outside the host jurisdiction. Any such conservation easement
362 may be based on digital orthophotography prepared by a surveyor
363 and mapper licensed under chapter 472 and may include a right of
364 adjustment authorizing the grantor to modify portions of the
365 area protected by a conservation easement and substitute other
366 lands in their place if the lands to be substituted contain no
367 less gross acreage than the lands to be removed; have equivalent
368 values in the proportion and quality of wetlands, uplands, and
369 wildlife habitat; and are contiguous to other lands protected by
370 the conservation easement. Substitution is accomplished by
371 recording an amendment to the conservation easement as accepted
372 by and with the consent of the grantee, and which consent may
373 not be unreasonably withheld.
374 8. Detailed principles and guidelines addressing the urban
375 form and the interrelationships of future land uses; achieving a
376 more clean, healthy environment; limiting urban sprawl;
377 providing a range of housing types; protecting wildlife and
378 natural areas; advancing the efficient use of land and other
379 resources; creating quality communities of a design that
380 promotes travel by multiple transportation modes; and enhancing
381 the prospects for the creation of jobs.
382 9. Identification of specific procedures to facilitate
383 intergovernmental coordination to address extrajurisdictional
384 impacts from the detailed specific area plan.
385
386 A detailed specific area plan adopted by local development order
387 pursuant to this section may be based upon a planning period
388 longer than the generally applicable planning period of the
389 local comprehensive plan and shall specify the projected
390 population within the specific planning area during the chosen
391 planning period. A detailed specific area plan adopted pursuant
392 to this section is not required to demonstrate need based upon
393 projected population growth or on any other basis. All lands
394 identified in the long-term master plan for permanent
395 preservation shall be subject to a recorded conservation
396 easement consistent with s. 704.06 before or concurrent with the
397 effective date of the final detailed specific area plan to be
398 approved within the planning area. Any such conservation
399 easement may be based on digital orthophotography prepared by a
400 surveyor and mapper licensed under chapter 472 and may include a
401 right of adjustment authorizing the grantor to modify portions
402 of the area protected by a conservation easement and substitute
403 other lands in their place if the lands to be substituted
404 contain no less gross acreage than the lands to be removed; have
405 equivalent values in the proportion and quality of wetlands,
406 uplands, and wildlife habitat; and are contiguous to other lands
407 protected by the conservation easement. Substitution is
408 accomplished by recording an amendment to the conservation
409 easement as accepted by and with the consent of the grantee, and
410 which consent may not be unreasonably withheld.
411 (c) In its review of a long-term master plan, the state
412 land planning agency shall consult with the Department of
413 Agriculture and Consumer Services, the Department of
414 Environmental Protection, the Fish and Wildlife Conservation
415 Commission, and the applicable water management district
416 regarding the design of areas for protection and conservation of
417 regionally significant natural resources and for the protection
418 and, as appropriate, restoration and management of lands
419 identified for permanent preservation.
420 (d) In its review of a long-term master plan, the state
421 land planning agency shall consult with the Department of
422 Transportation, the applicable metropolitan planning
423 organization, and any urban transit agency regarding the
424 location, capacity, design, and phasing or staging of major
425 transportation facilities in the planning area.
426 (e) Whenever a local government issues a development order
427 approving a detailed specific area plan, a copy of such order
428 shall be rendered to the state land planning agency and the
429 owner or developer of the property affected by such order, as
430 prescribed by rules of the state land planning agency for a
431 development order for a development of regional impact. Within
432 45 days after the order is rendered, the owner, the developer,
433 or the state land planning agency may appeal the order to the
434 Florida Land and Water Adjudicatory Commission by filing a
435 petition alleging that the detailed specific area plan is not
436 consistent with the comprehensive plan or with the long-term
437 master plan adopted pursuant to this section. The appellant
438 shall furnish a copy of the petition to the opposing party, as
439 the case may be, and to the local government that issued the
440 order. The filing of the petition stays the effectiveness of the
441 order until after completion of the appeal process. However, if
442 a development order approving a detailed specific area plan has
443 been challenged by an aggrieved or adversely affected party in a
444 judicial proceeding pursuant to s. 163.3215, and a party to such
445 proceeding serves notice to the state land planning agency, the
446 state land planning agency shall dismiss its appeal to the
447 commission and shall have the right to intervene in the pending
448 judicial proceeding pursuant to s. 163.3215. Proceedings for
449 administrative review of an order approving a detailed specific
450 area plan shall be conducted consistent with s. 380.07(6). The
451 commission shall issue a decision granting or denying permission
452 to develop pursuant to the long-term master plan and the
453 standards of this part and may attach conditions or restrictions
454 to its decisions.
455 (f) The applicant for a detailed specific area plan shall
456 transmit copies of the application to the reviewing agencies
457 specified in s. 163.3184(1)(c), or their successor agencies, for
458 review and comment as to whether the detailed specific area plan
459 is consistent with the comprehensive plan and the long-term
460 master plan. Any comments from the reviewing agencies shall be
461 submitted in writing to the local government with jurisdiction
462 and to the state land planning agency within 30 days after the
463 applicant’s transmittal of the application.
464 (g)(f) This subsection does not prevent preparation and
465 approval of the sector plan and detailed specific area plan
466 concurrently or in the same submission.
467 (h) If an applicant seeks to use wetland or upland
468 preservation achieved by granting conservation easements
469 required under this section as compensatory mitigation for
470 permitting purposes under chapter 373 or chapter 379, the
471 Department of Environmental Protection, the Fish and Wildlife
472 Conservation Commission, or the water management district may
473 accept such mitigation under the criteria established in the
474 uniform assessment method required by s. 373.414, or pursuant to
475 chapter 379, as applicable, without considering the fact that a
476 conservation easement encumbering the same real property was
477 previously recorded pursuant to paragraph (b).
478 (9) The adoption of a long-term master plan or a detailed
479 specific area plan pursuant to this section does not limit the
480 right to continue existing agricultural or silvicultural uses or
481 other natural resource-based operations or to establish similar
482 new agricultural or silvicultural uses that are consistent with
483 the plans approved pursuant to this section.
484 (13) An applicant with an approved master development order
485 may request that the applicable water management district issue
486 a consumptive use permit as set forth in s. 373.236(8) for the
487 same period of time as the approved master development order.
488 (15) The more specific provisions of this section shall
489 supersede the generally applicable provisions of this chapter
490 which otherwise would apply. This section does not preclude a
491 local government from requiring data and analysis beyond the
492 minimum criteria established in this section.
493 Section 5. Subsection (11) of section 163.3246, Florida
494 Statutes, is amended, and subsection (14) is added to that
495 section to read:
496 163.3246 Local government comprehensive planning
497 certification program.—
498 (11) If the local government of an area described in
499 subsection (10) does not request that the state land planning
500 agency review the developments of regional impact that are
501 proposed within the certified area, an application for approval
502 of a development order within the certified area shall be exempt
503 from review under s. 380.06, subject to the following:
504 (a) Concurrent with filing an application for development
505 approval with the local government, a developer proposing a
506 project that would have been subject to review pursuant to s.
507 380.06 shall notify in writing the regional planning council
508 with jurisdiction.
509 (b) The regional planning council shall coordinate with the
510 developer and the local government to ensure that all
511 concurrency requirements as well as federal, state, and local
512 environmental permit requirements are met.
513 (14) It is the intent of the Legislature to encourage the
514 creation of connected-city corridors that facilitate the growth
515 of high-technology industry and innovation through partnerships
516 that support research, marketing, workforce, and
517 entrepreneurship. It is the intent of the Legislature to provide
518 for a locally controlled, comprehensive plan amendment process
519 for such projects that are designed to achieve a cleaner,
520 healthier environment; limit urban sprawl by promoting diverse
521 but interconnected communities; provide a range of
522 intergenerational housing types; protect wildlife and natural
523 areas; assure the efficient use of land and other resources;
524 create quality communities of a design that promotes alternative
525 transportation networks and travel by multiple transportation
526 modes; and enhance the prospects for the creation of jobs. The
527 Legislature finds and declares that this state’s connected-city
528 corridors require a reduced level of state and regional
529 oversight because of their high degree of urbanization and the
530 planning capabilities and resources of the local government.
531 (a) Notwithstanding subsections (2), (4), (5), (6), and
532 (7), Pasco County is named a pilot community and shall be
533 considered certified for a period of 10 years for connected-city
534 corridor plan amendments. The state land planning agency shall
535 provide a written notice of certification to Pasco County by
536 July 15, 2015, which shall be considered a final agency action
537 subject to challenge under s. 120.569. The notice of
538 certification must include:
539 1. The boundary of the connected-city corridor
540 certification area; and
541 2. A requirement that Pasco County submit an annual or
542 biennial monitoring report to the state land planning agency
543 according to the schedule provided in the written notice. The
544 monitoring report must, at a minimum, include the number of
545 amendments to the comprehensive plan adopted by Pasco County,
546 the number of plan amendments challenged by an affected person,
547 and the disposition of such challenges.
548 (b) A plan amendment adopted under this subsection may be
549 based upon a planning period longer than the generally
550 applicable planning period of the Pasco County local
551 comprehensive plan, must specify the projected population within
552 the planning area during the chosen planning period, may include
553 a phasing or staging schedule that allocates a portion of Pasco
554 County’s future growth to the planning area through the planning
555 period, and may designate a priority zone or subarea within the
556 connected-city corridor for initial implementation of the plan.
557 A plan amendment adopted under this subsection is not required
558 to demonstrate need based upon projected population growth or on
559 any other basis.
560 (c) If Pasco County adopts a long-term transportation
561 network plan and financial feasibility plan, and subject to
562 compliance with the requirements of such a plan, the projects
563 within the connected-city corridor are deemed to have satisfied
564 all concurrency and other state agency or local government
565 transportation mitigation requirements except for site-specific
566 access management requirements.
567 (d) If Pasco County does not request that the state land
568 planning agency review the developments of regional impact that
569 are proposed within the certified area, an application for
570 approval of a development order within the certified area is
571 exempt from review under s. 380.06.
572 (e) The Office of Program Policy Analysis and Government
573 Accountability (OPPAGA) shall submit to the Governor, the
574 President of the Senate, and the Speaker of the House of
575 Representatives by December 1, 2024, a report and
576 recommendations for implementing a statewide program that
577 addresses the legislative findings in this subsection. In
578 consultation with the state land planning agency, OPPAGA shall
579 develop the report and recommendations with input from other
580 state and regional agencies, local governments, and interest
581 groups. OPPAGA shall also solicit citizen input in the
582 potentially affected areas and consult with the affected local
583 government and stakeholder groups. Additionally, OPPAGA shall
584 review local and state actions and correspondence relating to
585 the pilot program to identify issues of process and substance in
586 recommending changes to the pilot program. At a minimum, the
587 report and recommendations must include:
588 1. Identification of local governments other than the local
589 government participating in the pilot program which should be
590 certified. The report may also recommend that a local government
591 is no longer appropriate for certification; and
592 2. Changes to the certification pilot program.
593 Section 6. Subsection (4) of section 163.3248, Florida
594 Statutes, is amended to read:
595 163.3248 Rural land stewardship areas.—
596 (4) A local government or one or more property owners may
597 request assistance and participation in the development of a
598 plan for the rural land stewardship area from the state land
599 planning agency, the Department of Agriculture and Consumer
600 Services, the Fish and Wildlife Conservation Commission, the
601 Department of Environmental Protection, the appropriate water
602 management district, the Department of Transportation, the
603 regional planning council, private land owners, and
604 stakeholders.
605 Section 7. Subsection (8) of section 163.340, Florida
606 Statutes, is amended to read:
607 163.340 Definitions.—The following terms, wherever used or
608 referred to in this part, have the following meanings:
609 (8) “Blighted area” means an area in which there are a
610 substantial number of deteriorated, or deteriorating
611 structures;, in which conditions, as indicated by government
612 maintained statistics or other studies, endanger life or
613 property or are leading to economic distress; or endanger life
614 or property, and in which two or more of the following factors
615 are present:
616 (a) Predominance of defective or inadequate street layout,
617 parking facilities, roadways, bridges, or public transportation
618 facilities.;
619 (b) Aggregate assessed values of real property in the area
620 for ad valorem tax purposes have failed to show any appreciable
621 increase over the 5 years prior to the finding of such
622 conditions.;
623 (c) Faulty lot layout in relation to size, adequacy,
624 accessibility, or usefulness.;
625 (d) Unsanitary or unsafe conditions.;
626 (e) Deterioration of site or other improvements.;
627 (f) Inadequate and outdated building density patterns.;
628 (g) Falling lease rates per square foot of office,
629 commercial, or industrial space compared to the remainder of the
630 county or municipality.;
631 (h) Tax or special assessment delinquency exceeding the
632 fair value of the land.;
633 (i) Residential and commercial vacancy rates higher in the
634 area than in the remainder of the county or municipality.;
635 (j) Incidence of crime in the area higher than in the
636 remainder of the county or municipality.;
637 (k) Fire and emergency medical service calls to the area
638 proportionately higher than in the remainder of the county or
639 municipality.;
640 (l) A greater number of violations of the Florida Building
641 Code in the area than the number of violations recorded in the
642 remainder of the county or municipality.;
643 (m) Diversity of ownership or defective or unusual
644 conditions of title which prevent the free alienability of land
645 within the deteriorated or hazardous area.; or
646 (n) Governmentally owned property with adverse
647 environmental conditions caused by a public or private entity.
648 (o) A substantial number or percentage of properties
649 damaged by sinkhole activity which have not been adequately
650 repaired or stabilized.
651
652 However, the term “blighted area” also means any area in which
653 at least one of the factors identified in paragraphs (a) through
654 (o) is (n) are present and all taxing authorities subject to s.
655 163.387(2)(a) agree, either by interlocal agreement or
656 agreements with the agency or by resolution, that the area is
657 blighted. Such agreement or resolution must be limited to a
658 determination shall only determine that the area is blighted.
659 For purposes of qualifying for the tax credits authorized in
660 chapter 220, “blighted area” means an area as defined in this
661 subsection.
662 Section 8. Subsection (3) of section 163.524, Florida
663 Statutes, is amended to read:
664 163.524 Neighborhood Preservation and Enhancement Program;
665 participation; creation of Neighborhood Preservation and
666 Enhancement Districts; creation of Neighborhood Councils and
667 Neighborhood Enhancement Plans.—
668 (3) After the boundaries and size of the Neighborhood
669 Preservation and Enhancement District have been defined, the
670 local government shall pass an ordinance authorizing the
671 creation of the Neighborhood Preservation and Enhancement
672 District. The ordinance shall contain a finding that the
673 boundaries of the Neighborhood Preservation and Enhancement
674 District comply with meet the provisions of s. 163.340(7) or s.
675 (8)(a)-(o) (8)(a)-(n) or do not contain properties that are
676 protected by deed restrictions. Such ordinance may be amended or
677 repealed in the same manner as other local ordinances.
678 Section 9. Section 186.0201, Florida Statutes, is repealed.
679 Section 10. Subsection (22) of section 186.505, Florida
680 Statutes, is amended to read:
681 186.505 Regional planning councils; powers and duties.—Any
682 regional planning council created hereunder shall have the
683 following powers:
684 (22) To establish and conduct a cross-acceptance
685 negotiation process with local governments intended to resolve
686 inconsistencies between applicable local and regional plans,
687 with participation by local governments being voluntary.
688 Section 11. Section 186.512, Florida Statutes, is created
689 to read:
690 186.512 Designation of regional planning councils.—
691 (1) The territorial area of the state is subdivided into
692 the following districts for the purpose of regional
693 comprehensive planning. The name and geographic area of each
694 respective district must accord with the following:
695 (a) West Florida Regional Planning Council: Bay, Escambia,
696 Holmes, Okaloosa, Santa Rosa, Walton, and Washington Counties.
697 (b) Apalachee Regional Planning Council: Calhoun, Franklin,
698 Gadsden, Gulf, Jackson, Jefferson, Leon, Liberty, and Wakulla
699 Counties.
700 (c) North Central Florida Regional Planning Council:
701 Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton,
702 Lafayette, Levy, Madison, Marion, Suwannee, Taylor, and Union
703 Counties.
704 (d) Northeast Florida Regional Planning Council: Baker,
705 Clay, Duval, Flagler, Nassau, Putnam, and St. Johns Counties.
706 (e) East Central Florida Regional Planning Council:
707 Brevard, Lake, Orange, Osceola, Seminole, Sumter, and Volusia
708 Counties.
709 (f) Central Florida Regional Planning Council: DeSoto,
710 Hardee, Highlands, Okeechobee, and Polk Counties.
711 (g) Tampa Bay Regional Planning Council: Citrus, Hernando,
712 Hillsborough, Manatee, Pasco, and Pinellas Counties.
713 (h) Southwest Florida Regional Planning Council: Charlotte,
714 Collier, Glades, Hendry, Lee, and Sarasota Counties.
715 (i) Treasure Coast Regional Planning Council: Indian River,
716 Martin, Palm Beach, and St. Lucie Counties.
717 (j) South Florida Regional Planning Council: Broward,
718 Miami-Dade, and Monroe Counties.
719 (2) Beginning January 1, 2016, and thereafter, the Governor
720 may review and update the district boundaries of the regional
721 planning councils pursuant to his authority under s. 186.506(4).
722 (3) For the purposes of transition from one regional
723 planning council to another, the successor regional planning
724 council shall apply the prior strategic regional policy plan to
725 a local government until such time as the successor regional
726 planning council amends its plan pursuant to this chapter to
727 include the affected local government within the new region.
728 Section 12. Section 186.513, Florida Statutes, is amended
729 to read:
730 186.513 Reports.—Each regional planning council shall
731 prepare and furnish an annual report on its activities to the
732 state land planning agency as defined in s. 163.3164 and the
733 local general-purpose governments within its boundaries and,
734 upon payment as may be established by the council, to any
735 interested person. The regional planning councils shall make a
736 joint report and recommendations to appropriate legislative
737 committees.
738 Section 13. Subsection (2) of section 190.005, Florida
739 Statutes, is amended to read:
740 190.005 Establishment of district.—
741 (2) The exclusive and uniform method for the establishment
742 of a community development district of less than 1,000 acres in
743 size or a community development district of up to 7,000 acres in
744 size located within a connected-city corridor established
745 pursuant to s. 163.3246(14) shall be pursuant to an ordinance
746 adopted by the county commission of the county having
747 jurisdiction over the majority of land in the area in which the
748 district is to be located granting a petition for the
749 establishment of a community development district as follows:
750 (a) A petition for the establishment of a community
751 development district shall be filed by the petitioner with the
752 county commission. The petition shall contain the same
753 information as required in paragraph (1)(a).
754 (b) A public hearing on the petition shall be conducted by
755 the county commission in accordance with the requirements and
756 procedures of paragraph (1)(d).
757 (c) The county commission shall consider the record of the
758 public hearing and the factors set forth in paragraph (1)(e) in
759 making its determination to grant or deny a petition for the
760 establishment of a community development district.
761 (d) The county commission shall not adopt any ordinance
762 which would expand, modify, or delete any provision of the
763 uniform community development district charter as set forth in
764 ss. 190.006-190.041. An ordinance establishing a community
765 development district shall only include the matters provided for
766 in paragraph (1)(f) unless the commission consents to any of the
767 optional powers under s. 190.012(2) at the request of the
768 petitioner.
769 (e) If all of the land in the area for the proposed
770 district is within the territorial jurisdiction of a municipal
771 corporation, then the petition requesting establishment of a
772 community development district under this act shall be filed by
773 the petitioner with that particular municipal corporation. In
774 such event, the duties of the county, hereinabove described, in
775 action upon the petition shall be the duties of the municipal
776 corporation. If any of the land area of a proposed district is
777 within the land area of a municipality, the county commission
778 may not create the district without municipal approval. If all
779 of the land in the area for the proposed district, even if less
780 than 1,000 acres, is within the territorial jurisdiction of two
781 or more municipalities, except for proposed districts within a
782 connected-city corridor established pursuant to s. 163.3246(14),
783 the petition shall be filed with the Florida Land and Water
784 Adjudicatory Commission and proceed in accordance with
785 subsection (1).
786 (f) Notwithstanding any other provision of this subsection,
787 within 90 days after a petition for the establishment of a
788 community development district has been filed pursuant to this
789 subsection, the governing body of the county or municipal
790 corporation may transfer the petition to the Florida Land and
791 Water Adjudicatory Commission, which shall make the
792 determination to grant or deny the petition as provided in
793 subsection (1). A county or municipal corporation shall have no
794 right or power to grant or deny a petition that has been
795 transferred to the Florida Land and Water Adjudicatory
796 Commission.
797 Section 14. Section 253.7828, Florida Statutes, is amended
798 to read:
799 253.7828 Impairment of use or conservation by agencies
800 prohibited.—All agencies of the state, regional planning
801 councils, water management districts, and local governments
802 shall recognize the special character of the lands and waters
803 designated by the state as the Cross Florida Greenways State
804 Recreation and Conservation Area and shall not take any action
805 which will impair its use and conservation.
806 Section 15. Section 260.018, Florida Statutes, is repealed.
807 Section 16. Paragraph (b) of subsection (4) of section
808 339.155, Florida Statutes, is amended to read:
809 339.155 Transportation planning.—
810 (4) ADDITIONAL TRANSPORTATION PLANS.—
811 (b) Each regional planning council, as provided for in s.
812 186.504, or any successor agency thereto, shall develop, as an
813 element of its strategic regional policy plan, transportation
814 goals and policies. The transportation goals and policies must
815 be prioritized to comply with the prevailing principles provided
816 in subsection (1) and s. 334.046(1). The transportation goals
817 and policies shall be consistent, to the maximum extent
818 feasible, with the goals and policies of the metropolitan
819 planning organization and the Florida Transportation Plan. The
820 transportation goals and policies of the regional planning
821 council will be advisory only and shall be submitted to the
822 department and any affected metropolitan planning organization
823 for their consideration and comments. Metropolitan planning
824 organization plans and other local transportation plans shall be
825 developed consistent, to the maximum extent feasible, with the
826 regional transportation goals and policies. The regional
827 planning council shall review urbanized area transportation
828 plans and any other planning products stipulated in s. 339.175
829 and provide the department and respective metropolitan planning
830 organizations with written recommendations, which the department
831 and the metropolitan planning organizations shall take under
832 advisement. Further, the regional planning councils shall
833 directly assist local governments that are not part of a
834 metropolitan area transportation planning process in the
835 development of the transportation element of their comprehensive
836 plans as required by s. 163.3177.
837 Section 17. Subsection (8) is added to section 373.236,
838 Florida Statutes, to read:
839 373.236 Duration of permits; compliance reports.—
840 (8) A water management district may issue a permit to an
841 applicant, as set forth in s. 163.3245(13), for the same period
842 of time as the applicant’s approved master development order if
843 the master development order was issued under s. 380.06(21) by a
844 county which, at the time the order issued, was designated as a
845 rural area of opportunity under s. 288.0656, was not located in
846 an area encompassed by a regional water supply plan as set forth
847 in s. 373.709(1), and was not located within the basin
848 management action plan of a first magnitude spring. In reviewing
849 the permit application and determining the permit duration, the
850 water management district shall apply s. 163.3245(4)(b).
851 Section 18. Subsection (18) of section 380.06, Florida
852 Statutes, is amended and subsection (30) is added to that
853 section, to read:
854 380.06 Developments of regional impact.—
855 (18) BIENNIAL REPORTS.—The developer shall submit a
856 biennial report on the development of regional impact to the
857 local government, the regional planning agency, the state land
858 planning agency, and all affected permit agencies in alternate
859 years on the date specified in the development order, unless the
860 development order by its terms requires more frequent
861 monitoring. If the report is not received, the regional planning
862 agency or the state land planning agency shall notify the local
863 government. If the local government does not receive the report
864 or receives notification that the regional planning agency or
865 the state land planning agency has not received the report, the
866 local government shall request in writing that the developer
867 submit the report within 30 days. The failure to submit the
868 report after 30 days shall result in the temporary suspension of
869 the development order by the local government. If no additional
870 development pursuant to the development order has occurred since
871 the submission of the previous report, then a letter from the
872 developer stating that no development has occurred shall satisfy
873 the requirement for a report. Development orders that require
874 annual reports may be amended to require biennial reports at the
875 option of the local government.
876 (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
877 otherwise subject to the review requirements of this section
878 shall be approved by a local government pursuant to s.
879 163.3184(4) in lieu of proceeding in accordance with this
880 section.
881 Section 19. Subsections (2) and (3) of section 403.50663,
882 Florida Statutes, are amended to read:
883 403.50663 Informational public meetings.—
884 (2) Informational public meetings shall be held solely at
885 the option of each local government or regional planning council
886 if a public meeting is not held by the local government. It is
887 the legislative intent that local governments or regional
888 planning councils attempt to hold such public meetings. Parties
889 to the proceedings under this act shall be encouraged to attend;
890 however, no party other than the applicant and the department
891 shall be required to attend such informational public meetings.
892 (3) A local government or regional planning council that
893 intends to conduct an informational public meeting must provide
894 notice of the meeting to all parties not less than 5 days prior
895 to the meeting and to the general public in accordance with s.
896 403.5115(5). The expense for such notice is eligible for
897 reimbursement under s. 403.518(2)(c)1.
898 Section 20. Paragraph (a) of subsection (2) of section
899 403.507, Florida Statutes, is amended to read:
900 403.507 Preliminary statements of issues, reports, project
901 analyses, and studies.—
902 (2)(a) No later than 100 days after the certification
903 application has been determined complete, the following agencies
904 shall prepare reports as provided below and shall submit them to
905 the department and the applicant, unless a final order denying
906 the determination of need has been issued under s. 403.519:
907 1. The Department of Economic Opportunity shall prepare a
908 report containing recommendations which address the impact upon
909 the public of the proposed electrical power plant, based on the
910 degree to which the electrical power plant is consistent with
911 the applicable portions of the state comprehensive plan,
912 emergency management, and other such matters within its
913 jurisdiction. The Department of Economic Opportunity may also
914 comment on the consistency of the proposed electrical power
915 plant with applicable strategic regional policy plans or local
916 comprehensive plans and land development regulations.
917 2. The water management district shall prepare a report as
918 to matters within its jurisdiction, including but not limited
919 to, the impact of the proposed electrical power plant on water
920 resources, regional water supply planning, and district-owned
921 lands and works.
922 3. Each local government in whose jurisdiction the proposed
923 electrical power plant is to be located shall prepare a report
924 as to the consistency of the proposed electrical power plant
925 with all applicable local ordinances, regulations, standards, or
926 criteria that apply to the proposed electrical power plant,
927 including any applicable local environmental regulations adopted
928 pursuant to s. 403.182 or by other means.
929 4. The Fish and Wildlife Conservation Commission shall
930 prepare a report as to matters within its jurisdiction.
931 5. Each regional planning council shall prepare a report
932 containing recommendations that address the impact upon the
933 public of the proposed electrical power plant, based on the
934 degree to which the electrical power plant is consistent with
935 the applicable provisions of the strategic regional policy plan
936 adopted pursuant to chapter 186 and other matters within its
937 jurisdiction.
938 5.6. The Department of Transportation shall address the
939 impact of the proposed electrical power plant on matters within
940 its jurisdiction.
941 Section 21. Paragraph (a) of subsection (3) and paragraph
942 (a) of subsection (4) of section 403.508, Florida Statutes, are
943 amended to read:
944 403.508 Land use and certification hearings, parties,
945 participants.—
946 (3)(a) Parties to the proceeding shall include:
947 1. The applicant.
948 2. The Public Service Commission.
949 3. The Department of Economic Opportunity.
950 4. The Fish and Wildlife Conservation Commission.
951 5. The water management district.
952 6. The department.
953 7. The regional planning council.
954 7.8. The local government.
955 8.9. The Department of Transportation.
956 (4)(a) The order of presentation at the certification
957 hearing, unless otherwise changed by the administrative law
958 judge to ensure the orderly presentation of witnesses and
959 evidence, shall be:
960 1. The applicant.
961 2. The department.
962 3. State agencies.
963 4. Regional agencies, including regional planning councils
964 and water management districts.
965 5. Local governments.
966 6. Other parties.
967 Section 22. Subsection (5) of section 403.5115, Florida
968 Statutes, is amended to read:
969 403.5115 Public notice.—
970 (5) A local government or regional planning council that
971 proposes to conduct an informational public meeting pursuant to
972 s. 403.50663 must publish notice of the meeting in a newspaper
973 of general circulation within the county or counties in which
974 the proposed electrical power plant will be located no later
975 than 7 days prior to the meeting. A newspaper of general
976 circulation shall be the newspaper that has the largest daily
977 circulation in that county and has its principal office in that
978 county. If the newspaper with the largest daily circulation has
979 its principal office outside the county, the notices shall
980 appear in both the newspaper having the largest circulation in
981 that county and in a newspaper authorized to publish legal
982 notices in that county.
983 Section 23. Paragraph (a) of subsection (2) of section
984 403.526, Florida Statutes, is amended to read:
985 403.526 Preliminary statements of issues, reports, and
986 project analyses; studies.—
987 (2)(a) No later than 90 days after the filing of the
988 application, the following agencies shall prepare reports as
989 provided below, unless a final order denying the determination
990 of need has been issued under s. 403.537:
991 1. The department shall prepare a report as to the impact
992 of each proposed transmission line or corridor as it relates to
993 matters within its jurisdiction.
994 2. Each water management district in the jurisdiction of
995 which a proposed transmission line or corridor is to be located
996 shall prepare a report as to the impact on water resources and
997 other matters within its jurisdiction.
998 3. The Department of Economic Opportunity shall prepare a
999 report containing recommendations which address the impact upon
1000 the public of the proposed transmission line or corridor, based
1001 on the degree to which the proposed transmission line or
1002 corridor is consistent with the applicable portions of the state
1003 comprehensive plan, emergency management, and other matters
1004 within its jurisdiction. The Department of Economic Opportunity
1005 may also comment on the consistency of the proposed transmission
1006 line or corridor with applicable strategic regional policy plans
1007 or local comprehensive plans and land development regulations.
1008 4. The Fish and Wildlife Conservation Commission shall
1009 prepare a report as to the impact of each proposed transmission
1010 line or corridor on fish and wildlife resources and other
1011 matters within its jurisdiction.
1012 5. Each local government shall prepare a report as to the
1013 impact of each proposed transmission line or corridor on matters
1014 within its jurisdiction, including the consistency of the
1015 proposed transmission line or corridor with all applicable local
1016 ordinances, regulations, standards, or criteria that apply to
1017 the proposed transmission line or corridor, including local
1018 comprehensive plans, zoning regulations, land development
1019 regulations, and any applicable local environmental regulations
1020 adopted pursuant to s. 403.182 or by other means. A change by
1021 the responsible local government or local agency in local
1022 comprehensive plans, zoning ordinances, or other regulations
1023 made after the date required for the filing of the local
1024 government’s report required by this section is not applicable
1025 to the certification of the proposed transmission line or
1026 corridor unless the certification is denied or the application
1027 is withdrawn.
1028 6. Each regional planning council shall present a report
1029 containing recommendations that address the impact upon the
1030 public of the proposed transmission line or corridor based on
1031 the degree to which the transmission line or corridor is
1032 consistent with the applicable provisions of the strategic
1033 regional policy plan adopted under chapter 186 and other impacts
1034 of each proposed transmission line or corridor on matters within
1035 its jurisdiction.
1036 6.7. The Department of Transportation shall prepare a
1037 report as to the impact of the proposed transmission line or
1038 corridor on state roads, railroads, airports, aeronautics,
1039 seaports, and other matters within its jurisdiction.
1040 7.8. The commission shall prepare a report containing its
1041 determination under s. 403.537, and the report may include the
1042 comments from the commission with respect to any other subject
1043 within its jurisdiction.
1044 8.9. Any other agency, if requested by the department,
1045 shall also perform studies or prepare reports as to subjects
1046 within the jurisdiction of the agency which may potentially be
1047 affected by the proposed transmission line.
1048 Section 24. Paragraph (a) of subsection (2) and paragraph
1049 (a) of subsection (3) of section 403.527, Florida Statutes, are
1050 amended to read:
1051 403.527 Certification hearing, parties, participants.—
1052 (2)(a) Parties to the proceeding shall be:
1053 1. The applicant.
1054 2. The department.
1055 3. The commission.
1056 4. The Department of Economic Opportunity.
1057 5. The Fish and Wildlife Conservation Commission.
1058 6. The Department of Transportation.
1059 7. Each water management district in the jurisdiction of
1060 which the proposed transmission line or corridor is to be
1061 located.
1062 8. The local government.
1063 9. The regional planning council.
1064 (3)(a) The order of presentation at the certification
1065 hearing, unless otherwise changed by the administrative law
1066 judge to ensure the orderly presentation of witnesses and
1067 evidence, shall be:
1068 1. The applicant.
1069 2. The department.
1070 3. State agencies.
1071 4. Regional agencies, including regional planning councils
1072 and water management districts.
1073 5. Local governments.
1074 6. Other parties.
1075 Section 25. Subsections (2) and (3) of section 403.5272,
1076 Florida Statutes, are amended to read:
1077 403.5272 Informational public meetings.—
1078 (2) Informational public meetings shall be held solely at
1079 the option of each local government or regional planning
1080 council. It is the legislative intent that local governments or
1081 regional planning councils attempt to hold such public meetings.
1082 Parties to the proceedings under this act shall be encouraged to
1083 attend; however, a party other than the applicant and the
1084 department is not required to attend the informational public
1085 meetings.
1086 (3) A local government or regional planning council that
1087 intends to conduct an informational public meeting must provide
1088 notice of the meeting, with notice sent to all parties listed in
1089 s. 403.527(2)(a), not less than 15 days before the meeting and
1090 to the general public in accordance with s. 403.5363(4).
1091 Section 26. Subsection (4) of section 403.7264, Florida
1092 Statutes, is amended to read:
1093 403.7264 Amnesty days for purging small quantities of
1094 hazardous wastes.—Amnesty days are authorized by the state for
1095 the purpose of purging small quantities of hazardous waste, free
1096 of charge, from the possession of homeowners, farmers, schools,
1097 state agencies, and small businesses. These entities have no
1098 appropriate economically feasible mechanism for disposing of
1099 their hazardous wastes at the present time. In order to raise
1100 public awareness on this issue, provide an educational process,
1101 accommodate those entities which have a need to dispose of small
1102 quantities of hazardous waste, and preserve the waters of the
1103 state, amnesty days shall be carried out in the following
1104 manner:
1105 (4) Regional planning councils shall assist the department
1106 in site selection, public awareness, and program coordination.
1107 However, the department shall retain full responsibility for the
1108 state amnesty days program.
1109 Section 27. Paragraph (a) of subsection (2) of section
1110 403.941, Florida Statutes, is amended to read:
1111 403.941 Preliminary statements of issues, reports, and
1112 studies.—
1113 (2)(a) The affected agencies shall prepare reports as
1114 provided in this paragraph and shall submit them to the
1115 department and the applicant within 60 days after the
1116 application is determined sufficient:
1117 1. The department shall prepare a report as to the impact
1118 of each proposed natural gas transmission pipeline or corridor
1119 as it relates to matters within its jurisdiction.
1120 2. Each water management district in the jurisdiction of
1121 which a proposed natural gas transmission pipeline or corridor
1122 is to be located shall prepare a report as to the impact on
1123 water resources and other matters within its jurisdiction.
1124 3. The Department of Economic Opportunity shall prepare a
1125 report containing recommendations which address the impact upon
1126 the public of the proposed natural gas transmission pipeline or
1127 corridor, based on the degree to which the proposed natural gas
1128 transmission pipeline or corridor is consistent with the
1129 applicable portions of the state comprehensive plan and other
1130 matters within its jurisdiction. The Department of Economic
1131 Opportunity may also comment on the consistency of the proposed
1132 natural gas transmission pipeline or corridor with applicable
1133 strategic regional policy plans or local comprehensive plans and
1134 land development regulations.
1135 4. The Fish and Wildlife Conservation Commission shall
1136 prepare a report as to the impact of each proposed natural gas
1137 transmission pipeline or corridor on fish and wildlife resources
1138 and other matters within its jurisdiction.
1139 5. Each local government in which the natural gas
1140 transmission pipeline or natural gas transmission pipeline
1141 corridor will be located shall prepare a report as to the impact
1142 of each proposed natural gas transmission pipeline or corridor
1143 on matters within its jurisdiction, including the consistency of
1144 the proposed natural gas transmission pipeline or corridor with
1145 all applicable local ordinances, regulations, standards, or
1146 criteria that apply to the proposed natural gas transmission
1147 pipeline or corridor, including local comprehensive plans,
1148 zoning regulations, land development regulations, and any
1149 applicable local environmental regulations adopted pursuant to
1150 s. 403.182 or by other means. No change by the responsible local
1151 government or local agency in local comprehensive plans, zoning
1152 ordinances, or other regulations made after the date required
1153 for the filing of the local government’s report required by this
1154 section shall be applicable to the certification of the proposed
1155 natural gas transmission pipeline or corridor unless the
1156 certification is denied or the application is withdrawn.
1157 6. Each regional planning council in which the natural gas
1158 transmission pipeline or natural gas transmission pipeline
1159 corridor will be located shall present a report containing
1160 recommendations that address the impact upon the public of the
1161 proposed natural gas transmission pipeline or corridor, based on
1162 the degree to which the natural gas transmission pipeline or
1163 corridor is consistent with the applicable provisions of the
1164 strategic regional policy plan adopted pursuant to chapter 186
1165 and other impacts of each proposed natural gas transmission
1166 pipeline or corridor on matters within its jurisdiction.
1167 6.7. The Department of Transportation shall prepare a
1168 report on the effect of the natural gas transmission pipeline or
1169 natural gas transmission pipeline corridor on matters within its
1170 jurisdiction, including roadway crossings by the pipeline. The
1171 report shall contain at a minimum:
1172 a. A report by the applicant to the department stating that
1173 all requirements of the department’s utilities accommodation
1174 guide have been or will be met in regard to the proposed
1175 pipeline or pipeline corridor; and
1176 b. A statement by the department as to the adequacy of the
1177 report to the department by the applicant.
1178 7.8. The Department of State, Division of Historical
1179 Resources, shall prepare a report on the impact of the natural
1180 gas transmission pipeline or natural gas transmission pipeline
1181 corridor on matters within its jurisdiction.
1182 8.9. The commission shall prepare a report addressing
1183 matters within its jurisdiction. The commission’s report shall
1184 include its determination of need issued pursuant to s.
1185 403.9422.
1186 Section 28. Paragraph (a) of subsection (4) and subsection
1187 (6) of section 403.9411, Florida Statutes, are amended to read:
1188 403.9411 Notice; proceedings; parties and participants.—
1189 (4)(a) Parties to the proceeding shall be:
1190 1. The applicant.
1191 2. The department.
1192 3. The commission.
1193 4. The Department of Economic Opportunity.
1194 5. The Fish and Wildlife Conservation Commission.
1195 6. Each water management district in the jurisdiction of
1196 which the proposed natural gas transmission pipeline or corridor
1197 is to be located.
1198 7. The local government.
1199 8. The regional planning council.
1200 8.9. The Department of Transportation.
1201 9.10. The Department of State, Division of Historical
1202 Resources.
1203 (6) The order of presentation at the certification hearing,
1204 unless otherwise changed by the administrative law judge to
1205 ensure the orderly presentation of witnesses and evidence, shall
1206 be:
1207 (a) The applicant.
1208 (b) The department.
1209 (c) State agencies.
1210 (d) Regional agencies, including regional planning councils
1211 and water management districts.
1212 (e) Local governments.
1213 (f) Other parties.
1214 Section 29. Subsection (6) of section 419.001, Florida
1215 Statutes, is amended to read:
1216 419.001 Site selection of community residential homes.—
1217 (6) If agreed to by both the local government and the
1218 sponsoring agency, a conflict may be resolved through informal
1219 mediation. The local government shall arrange for the services
1220 of an independent mediator or may utilize the dispute resolution
1221 process established by a regional planning council pursuant to
1222 s. 186.509. Mediation shall be concluded within 45 days of a
1223 request therefor. The resolution of any issue through the
1224 mediation process shall not alter any person’s right to a
1225 judicial determination of any issue if that person is entitled
1226 to such a determination under statutory or common law.
1227 Section 30. Subsection (4) of section 985.682, Florida
1228 Statutes, is amended to read:
1229 985.682 Siting of facilities; criteria.—
1230 (4) When the department requests such a modification and it
1231 is denied by the local government, the local government or the
1232 department shall initiate the dispute resolution process
1233 established under s. 186.509 to reconcile differences on the
1234 siting of correctional facilities between the department, local
1235 governments, and private citizens. If the regional planning
1236 council has not established a dispute resolution process
1237 pursuant to s. 186.509, The department shall establish, by rule,
1238 procedures for dispute resolution. The dispute resolution
1239 process shall require the parties to commence meetings to
1240 reconcile their differences. If the parties fail to resolve
1241 their differences within 30 days after the denial, the parties
1242 shall engage in voluntary mediation or similar process. If the
1243 parties fail to resolve their differences by mediation within 60
1244 days after the denial, or if no action is taken on the
1245 department’s request within 90 days after the request, the
1246 department must appeal the decision of the local government on
1247 the requested modification of local plans, ordinances, or
1248 regulations to the Governor and Cabinet. Any dispute resolution
1249 process initiated under this section must conform to the time
1250 limitations set forth herein. However, upon agreement of all
1251 parties, the time limits may be extended, but in no event may
1252 the dispute resolution process extend over 180 days.
1253 Section 31. Subsection (3) of section 380.0666, Florida
1254 Statutes, is amended to read:
1255 380.0666 Powers of land authority.—The land authority shall
1256 have all the powers necessary or convenient to carry out and
1257 effectuate the purposes and provisions of this act, including
1258 the following powers, which are in addition to all other powers
1259 granted by other provisions of this act:
1260 (3) To acquire and dispose of real and personal property or
1261 any interest therein when such acquisition is necessary or
1262 appropriate to protect the natural environment, provide public
1263 access or public recreational facilities, preserve wildlife
1264 habitat areas, provide affordable housing to families whose
1265 income does not exceed 160 percent of the median family income
1266 for the area, or provide access to management of acquired lands;
1267 to acquire interests in land by means of land exchanges; to
1268 contribute tourist impact tax revenues received pursuant to s.
1269 125.0108 to its most populous municipality or the housing
1270 authority of such municipality, at the request of the commission
1271 or council of such municipality, for the construction,
1272 redevelopment, or preservation of affordable housing in an area
1273 of critical state concern within such municipality; and to enter
1274 into all alternatives to the acquisition of fee interests in
1275 land, including, but not limited to, the acquisition of
1276 easements, development rights, life estates, leases, and
1277 leaseback arrangements. However, the land authority shall make
1278 such acquisition or contribution only if:
1279 (a) Such acquisition or contribution is consistent with
1280 land development regulations and local comprehensive plans
1281 adopted and approved pursuant to this chapter;
1282 (b) The property acquired is within an area designated as
1283 an area of critical state concern at the time of acquisition or
1284 is within an area that was designated as an area of critical
1285 state concern for at least 20 consecutive years prior to removal
1286 of the designation; and
1287 (c) The property to be acquired has not been selected for
1288 purchase through another local, regional, state, or federal
1289 public land acquisition program. Such restriction shall not
1290 apply if the land authority cooperates with the other public
1291 land acquisition programs which listed the lands for
1292 acquisition, to coordinate the acquisition and disposition of
1293 such lands. In such cases, the land authority may enter into
1294 contractual or other agreements to acquire lands jointly or for
1295 eventual resale to other public land acquisition programs.
1296 Section 32. Paragraph (a) of subsection (3) of section
1297 125.0108, Florida Statutes, is amended to read:
1298 125.0108 Areas of critical state concern; tourist impact
1299 tax.—
1300 (3) All tax revenues received pursuant to this section,
1301 less administrative costs, shall be distributed as follows:
1302 (a) Fifty percent shall be transferred to the land
1303 authority to be used in accordance with s. 380.0666 to purchase
1304 property in the area of critical state concern for which the
1305 revenue is generated. An amount not to exceed 5 percent may be
1306 used for administration and other costs incident to the exercise
1307 of said powers such purchases.
1308 Section 33. This act shall take effect upon becoming a law.
