Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 832
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsection (13) of section 163.3245,
    6  Florida Statutes, is redesignated as subsection (14),
    7  subsections (3) and (9) of that section are amended, and new
    8  subsections (13) and (15) are added to that section, to read:
    9         163.3245 Sector plans.—
   10         (3) Sector planning encompasses two levels: adoption
   11  pursuant to s. 163.3184 of a long-term master plan for the
   12  entire planning area as part of the comprehensive plan, and
   13  adoption by local development order of two or more detailed
   14  specific area plans that implement the long-term master plan and
   15  within which s. 380.06 is waived.
   16         (a) In addition to the other requirements of this chapter,
   17  except for those that are inconsistent with or superseded by the
   18  planning standards of this paragraph, a long-term master plan
   19  pursuant to this section must include maps, illustrations, and
   20  text supported by data and analysis to address the following:
   21         1. A framework map that, at a minimum, generally depicts
   22  areas of urban, agricultural, rural, and conservation land use;
   23  identifies allowed uses in various parts of the planning area;
   24  specifies maximum and minimum densities and intensities of use;
   25  and provides the general framework for the development pattern
   26  in developed areas with graphic illustrations based on a
   27  hierarchy of places and functional place-making components.
   28         2. A general identification of the water supplies needed
   29  and available sources of water, including water resource
   30  development and water supply development projects, and water
   31  conservation measures needed to meet the projected demand of the
   32  future land uses in the long-term master plan.
   33         3. A general identification of the transportation
   34  facilities to serve the future land uses in the long-term master
   35  plan, including guidelines to be used to establish each modal
   36  component intended to optimize mobility.
   37         4. A general identification of other regionally significant
   38  public facilities necessary to support the future land uses,
   39  which may include central utilities provided onsite within the
   40  planning area, and policies setting forth the procedures to be
   41  used to mitigate the impacts of future land uses on public
   42  facilities.
   43         5. A general identification of regionally significant
   44  natural resources within the planning area based on the best
   45  available data and policies setting forth the procedures for
   46  protection or conservation of specific resources consistent with
   47  the overall conservation and development strategy for the
   48  planning area.
   49         6. General principles and guidelines addressing the urban
   50  form and the interrelationships of future land uses; the
   51  protection and, as appropriate, restoration and management of
   52  lands identified for permanent preservation through recordation
   53  of conservation easements consistent with s. 704.06, which shall
   54  be phased or staged in coordination with detailed specific area
   55  plans to reflect phased or staged development within the
   56  planning area; achieving a more clean, healthy environment;
   57  limiting urban sprawl; providing a range of housing types;
   58  protecting wildlife and natural areas; advancing the efficient
   59  use of land and other resources; creating quality communities of
   60  a design that promotes travel by multiple transportation modes;
   61  and enhancing the prospects for the creation of jobs.
   62         7. Identification of general procedures and policies to
   63  facilitate intergovernmental coordination to address
   64  extrajurisdictional impacts from the future land uses.
   65  
   66  A long-term master plan adopted pursuant to this section may be
   67  based upon a planning period longer than the generally
   68  applicable planning period of the local comprehensive plan,
   69  shall specify the projected population within the planning area
   70  during the chosen planning period, and may include a phasing or
   71  staging schedule that allocates a portion of the local
   72  government’s future growth to the planning area through the
   73  planning period. A long-term master plan adopted pursuant to
   74  this section is not required to demonstrate need based upon
   75  projected population growth or on any other basis.
   76         (b) In addition to the other requirements of this chapter,
   77  except for those that are inconsistent with or superseded by the
   78  planning standards of this paragraph, the detailed specific area
   79  plans shall be consistent with the long-term master plan and
   80  must include conditions and commitments that provide for:
   81         1. Development or conservation of an area of at least 1,000
   82  acres consistent with the long-term master plan. The local
   83  government may approve detailed specific area plans of less than
   84  1,000 acres based on local circumstances if it is determined
   85  that the detailed specific area plan furthers the purposes of
   86  this part and part I of chapter 380.
   87         2. Detailed identification and analysis of the maximum and
   88  minimum densities and intensities of use and the distribution,
   89  extent, and location of future land uses.
   90         3. Detailed identification of water resource development
   91  and water supply development projects and related infrastructure
   92  and water conservation measures to address water needs of
   93  development in the detailed specific area plan.
   94         4. Detailed identification of the transportation facilities
   95  to serve the future land uses in the detailed specific area
   96  plan.
   97         5. Detailed identification of other regionally significant
   98  public facilities, including public facilities outside the
   99  jurisdiction of the host local government, impacts of future
  100  land uses on those facilities, and required improvements
  101  consistent with the long-term master plan.
  102         6. Public facilities necessary to serve development in the
  103  detailed specific area plan, including developer contributions
  104  in a 5-year capital improvement schedule of the affected local
  105  government.
  106         7. Detailed analysis and identification of specific
  107  measures to ensure the protection and, as appropriate,
  108  restoration and management of lands within the boundary of the
  109  detailed specific area plan identified for permanent
  110  preservation through recordation of conservation easements
  111  consistent with s. 704.06, which easements shall be effective
  112  before or concurrent with the effective date of the detailed
  113  specific area plan and other important resources both within and
  114  outside the host jurisdiction. Any such conservation easement
  115  may be based on rectified aerial photographs without the need
  116  for a survey and may include a right of adjustment authorizing
  117  the grantor to modify portions of the area protected by a
  118  conservation easement and substitute other lands in their place
  119  if the lands to be substituted contain no less gross acreage
  120  than the lands to be removed; have equivalent values in the
  121  proportion and quality of wetlands, uplands, and wildlife
  122  habitat; and are contiguous to other lands protected by the
  123  conservation easement. Substitution is accomplished by recording
  124  an amendment to the conservation easement as accepted by the
  125  grantee.
  126         8. Detailed principles and guidelines addressing the urban
  127  form and the interrelationships of future land uses; achieving a
  128  more clean, healthy environment; limiting urban sprawl;
  129  providing a range of housing types; protecting wildlife and
  130  natural areas; advancing the efficient use of land and other
  131  resources; creating quality communities of a design that
  132  promotes travel by multiple transportation modes; and enhancing
  133  the prospects for the creation of jobs.
  134         9. Identification of specific procedures to facilitate
  135  intergovernmental coordination to address extrajurisdictional
  136  impacts from the detailed specific area plan.
  137  
  138  A detailed specific area plan adopted by local development order
  139  pursuant to this section may be based upon a planning period
  140  longer than the generally applicable planning period of the
  141  local comprehensive plan and shall specify the projected
  142  population within the specific planning area during the chosen
  143  planning period. A detailed specific area plan adopted pursuant
  144  to this section is not required to demonstrate need based upon
  145  projected population growth or on any other basis. All lands
  146  identified in the long-term master plan for permanent
  147  preservation shall be subject to a recorded conservation
  148  easement consistent with s. 704.06 before or concurrent with the
  149  effective date of the final detailed specific area plan to be
  150  approved within the planning area. Any such conservation
  151  easement may be based on rectified aerial photographs without
  152  the need for a survey and may include a right of adjustment
  153  authorizing the grantor to modify portions of the area protected
  154  by a conservation easement and substitute other lands in their
  155  place if the lands to be substituted contain no less gross
  156  acreage than the lands to be removed; have equivalent values in
  157  the proportion and quality of wetlands, uplands, and wildlife
  158  habitat; and are contiguous to other lands protected by the
  159  conservation easement. Substitution is accomplished by recording
  160  an amendment to the conservation easement as accepted by the
  161  grantee.
  162         (c) In its review of a long-term master plan, the state
  163  land planning agency shall consult with the Department of
  164  Agriculture and Consumer Services, the Department of
  165  Environmental Protection, the Fish and Wildlife Conservation
  166  Commission, and the applicable water management district
  167  regarding the design of areas for protection and conservation of
  168  regionally significant natural resources and for the protection
  169  and, as appropriate, restoration and management of lands
  170  identified for permanent preservation.
  171         (d) In its review of a long-term master plan, the state
  172  land planning agency shall consult with the Department of
  173  Transportation, the applicable metropolitan planning
  174  organization, and any urban transit agency regarding the
  175  location, capacity, design, and phasing or staging of major
  176  transportation facilities in the planning area.
  177         (e) Whenever a local government issues a development order
  178  approving a detailed specific area plan, a copy of such order
  179  shall be rendered to the state land planning agency and the
  180  owner or developer of the property affected by such order, as
  181  prescribed by rules of the state land planning agency for a
  182  development order for a development of regional impact. Within
  183  45 days after the order is rendered, the owner, the developer,
  184  or the state land planning agency may appeal the order to the
  185  Florida Land and Water Adjudicatory Commission by filing a
  186  petition alleging that the detailed specific area plan is not
  187  consistent with the comprehensive plan or with the long-term
  188  master plan adopted pursuant to this section. The appellant
  189  shall furnish a copy of the petition to the opposing party, as
  190  the case may be, and to the local government that issued the
  191  order. The filing of the petition stays the effectiveness of the
  192  order until after completion of the appeal process. However, if
  193  a development order approving a detailed specific area plan has
  194  been challenged by an aggrieved or adversely affected party in a
  195  judicial proceeding pursuant to s. 163.3215, and a party to such
  196  proceeding serves notice to the state land planning agency, the
  197  state land planning agency shall dismiss its appeal to the
  198  commission and shall have the right to intervene in the pending
  199  judicial proceeding pursuant to s. 163.3215. Proceedings for
  200  administrative review of an order approving a detailed specific
  201  area plan shall be conducted consistent with s. 380.07(6). The
  202  commission shall issue a decision granting or denying permission
  203  to develop pursuant to the long-term master plan and the
  204  standards of this part and may attach conditions or restrictions
  205  to its decisions.
  206         (f) The applicant for a detailed specific area plan shall
  207  transmit copies of the application to the reviewing agencies
  208  specified in s. 163.3184(1)(c), or their successor agencies, for
  209  review and comment as to whether the detailed specific area plan
  210  is consistent with the comprehensive plan and the long-term
  211  master plan. Any comments from the reviewing agencies shall be
  212  submitted in writing to the local government with jurisdiction
  213  and to the state land planning agency within 30 days after the
  214  applicant’s transmittal of the application.
  215         (g)(f) This subsection does not prevent preparation and
  216  approval of the sector plan and detailed specific area plan
  217  concurrently or in the same submission.
  218         (h)If an applicant seeks to use wetland or upland
  219  preservation achieved by granting conservation easements as
  220  compensatory mitigation for permitting purposes under chapter
  221  373 or chapter 379, the Department of Environmental Protection,
  222  the Fish and Wildlife Conservation Commission, or the water
  223  management district may accept such mitigation under the
  224  criteria established in the uniform assessment method required
  225  by s. 373.414, or pursuant to chapter 379, as applicable,
  226  without considering the fact that a conservation easement
  227  encumbering the same real property was previously recorded
  228  pursuant to paragraph (b).
  229         (9) The adoption of a long-term master plan or a detailed
  230  specific area plan pursuant to this section does not limit the
  231  right to continue existing agricultural or silvicultural uses or
  232  other natural resource-based operations or to establish similar
  233  new agricultural or silvicultural uses that are consistent with
  234  the plans approved pursuant to this section.
  235         (13) An applicant with an approved master development order
  236  may request that the applicable water management district issue
  237  a consumptive use permit as set forth in s. 373.236(8) for the
  238  same period of time as the approved master development order.
  239         (15) The more specific provisions of this section shall
  240  supersede the generally applicable provisions of this chapter
  241  which otherwise would apply. This section does not preclude a
  242  local government from requiring data and analysis beyond the
  243  minimum criteria established in this section.
  244         Section 2. Subsection (8) is added to section 373.236,
  245  Florida Statutes, to read:
  246         373.236 Duration of permits; compliance reports.—
  247         (8) A water management district may issue a permit to an
  248  applicant, as set forth in s. 163.3245(13), for the same period
  249  of time as the applicant’s approved master development order if
  250  the master development order was issued under s. 380.06(21) by a
  251  county which, at the time the order issued, was designated as a
  252  rural area of opportunity under s. 288.0656, was not located in
  253  an area encompassed by a regional water supply plan as set forth
  254  in s. 373.709(1), and was not located within the basin area
  255  management plan of a first-order magnitude spring. In reviewing
  256  the permit application, the water management district shall
  257  apply the permitting criteria in s. 373.223 based on the
  258  projected population and approved densities and intensities of
  259  use and their distribution in the master development order.
  260  However, the district may phase in the water allocation over the
  261  duration of the permit to correspond to actual projected needs.
  262  This subsection does not supersede the public interest test
  263  established in s. 373.223.
  264         Section 3. This act shall take effect July 1, 2015.
  265  
  266  
  267  ================= T I T L E  A M E N D M E N T ================
  268  And the title is amended as follows:
  269         Delete everything before the enacting clause
  270  and insert:
  271                        A bill to be entitled                      
  272         An act relating to sector plans; amending s. 163.3245,
  273         F.S.; providing that other requirements of this
  274         chapter inconsistent with or superseded by certain
  275         planning standards relating to a long-term master plan
  276         do not apply; providing that other requirements of
  277         this chapter inconsistent with or superseded by
  278         certain planning standards relating to detailed
  279         specific area plans do not apply; providing that
  280         conservation easements may be based on rectified
  281         aerial photographs without the need for a survey and
  282         may include a right of adjustment subject to certain
  283         requirements; providing that substitution is
  284         accomplished by recording an amendment to a
  285         conservation easement as accepted by the grantee;
  286         requiring the applicant for a detailed specific area
  287         plan to transmit copies of the application to
  288         specified reviewing agencies for review and comment;
  289         requiring such agency comments to be submitted to the
  290         local government having jurisdiction and to the state
  291         land planning agency, subject to certain requirements;
  292         authorizing the Department of Environmental
  293         Protection, the Fish and Wildlife Conservation
  294         Commission, or the water management district to accept
  295         compensatory mitigation under certain circumstances,
  296         pursuant to a specified section or chapter; providing
  297         that the adoption of a long-term master plan or a
  298         detailed specific area plan pursuant to this section
  299         does not limit the right to establish new agricultural
  300         or silvicultural uses under certain circumstances;
  301         allowing an applicant with an approved master
  302         development order to request that the applicable water
  303         management district issue a specified consumptive use
  304         permit for the same period of time as the approved
  305         master development order; providing applicability;
  306         providing that a local government is not precluded
  307         from requiring data and analysis beyond the minimum
  308         criteria established in this section; amending s.
  309         373.236, F.S.; authorizing a water management district
  310         to issue a permit to an applicant for the same period
  311         of time as the applicant’s approved master development
  312         order, subject to certain requirements and
  313         restrictions; providing an effective date.
  314