Florida Senate - 2015                              CS for SB 832
       
       
        
       By the Committee on Community Affairs; and Senator Simpson
       
       
       
       
       
       578-03182-15                                           2015832c1
    1                        A bill to be entitled                      
    2         An act relating to sector plans; amending s. 163.3245,
    3         F.S.; providing that other requirements of this
    4         chapter inconsistent with or superseded by certain
    5         planning standards relating to a long-term master plan
    6         do not apply; providing that other requirements of
    7         this chapter inconsistent with or superseded by
    8         certain planning standards relating to detailed
    9         specific area plans do not apply; providing that
   10         conservation easements may be based on rectified
   11         aerial photographs without the need for a survey and
   12         may include a right of adjustment subject to certain
   13         requirements; providing that substitution is
   14         accomplished by recording an amendment to a
   15         conservation easement as accepted by the grantee;
   16         requiring the applicant for a detailed specific area
   17         plan to transmit copies of the application to
   18         specified reviewing agencies for review and comment;
   19         requiring such agency comments to be submitted to the
   20         local government having jurisdiction and to the state
   21         land planning agency, subject to certain requirements;
   22         authorizing the Department of Environmental
   23         Protection, the Fish and Wildlife Conservation
   24         Commission, or the water management district to accept
   25         compensatory mitigation under certain circumstances,
   26         pursuant to a specified section or chapter; providing
   27         that the adoption of a long-term master plan or a
   28         detailed specific area plan pursuant to this section
   29         does not limit the right to establish new agricultural
   30         or silvicultural uses under certain circumstances;
   31         allowing an applicant with an approved master
   32         development order to request that the applicable water
   33         management district issue a specified consumptive use
   34         permit for the same period of time as the approved
   35         master development order; providing applicability;
   36         providing that a local government is not precluded
   37         from requiring data and analysis beyond the minimum
   38         criteria established in this section; amending s.
   39         373.236, F.S.; authorizing a water management district
   40         to issue a permit to an applicant for the same period
   41         of time as the applicant’s approved master development
   42         order, subject to certain requirements and
   43         restrictions; providing an effective date.
   44          
   45  Be It Enacted by the Legislature of the State of Florida:
   46  
   47         Section 1. Present subsection (13) of section 163.3245,
   48  Florida Statutes, is redesignated as subsection (14),
   49  subsections (3) and (9) of that section are amended, and new
   50  subsections (13) and (15) are added to that section, to read:
   51         163.3245 Sector plans.—
   52         (3) Sector planning encompasses two levels: adoption
   53  pursuant to s. 163.3184 of a long-term master plan for the
   54  entire planning area as part of the comprehensive plan, and
   55  adoption by local development order of two or more detailed
   56  specific area plans that implement the long-term master plan and
   57  within which s. 380.06 is waived.
   58         (a) In addition to the other requirements of this chapter,
   59  except for those that are inconsistent with or superseded by the
   60  planning standards of this paragraph, a long-term master plan
   61  pursuant to this section must include maps, illustrations, and
   62  text supported by data and analysis to address the following:
   63         1. A framework map that, at a minimum, generally depicts
   64  areas of urban, agricultural, rural, and conservation land use;
   65  identifies allowed uses in various parts of the planning area;
   66  specifies maximum and minimum densities and intensities of use;
   67  and provides the general framework for the development pattern
   68  in developed areas with graphic illustrations based on a
   69  hierarchy of places and functional place-making components.
   70         2. A general identification of the water supplies needed
   71  and available sources of water, including water resource
   72  development and water supply development projects, and water
   73  conservation measures needed to meet the projected demand of the
   74  future land uses in the long-term master plan.
   75         3. A general identification of the transportation
   76  facilities to serve the future land uses in the long-term master
   77  plan, including guidelines to be used to establish each modal
   78  component intended to optimize mobility.
   79         4. A general identification of other regionally significant
   80  public facilities necessary to support the future land uses,
   81  which may include central utilities provided onsite within the
   82  planning area, and policies setting forth the procedures to be
   83  used to mitigate the impacts of future land uses on public
   84  facilities.
   85         5. A general identification of regionally significant
   86  natural resources within the planning area based on the best
   87  available data and policies setting forth the procedures for
   88  protection or conservation of specific resources consistent with
   89  the overall conservation and development strategy for the
   90  planning area.
   91         6. General principles and guidelines addressing the urban
   92  form and the interrelationships of future land uses; the
   93  protection and, as appropriate, restoration and management of
   94  lands identified for permanent preservation through recordation
   95  of conservation easements consistent with s. 704.06, which shall
   96  be phased or staged in coordination with detailed specific area
   97  plans to reflect phased or staged development within the
   98  planning area; achieving a more clean, healthy environment;
   99  limiting urban sprawl; providing a range of housing types;
  100  protecting wildlife and natural areas; advancing the efficient
  101  use of land and other resources; creating quality communities of
  102  a design that promotes travel by multiple transportation modes;
  103  and enhancing the prospects for the creation of jobs.
  104         7. Identification of general procedures and policies to
  105  facilitate intergovernmental coordination to address
  106  extrajurisdictional impacts from the future land uses.
  107  
  108  A long-term master plan adopted pursuant to this section may be
  109  based upon a planning period longer than the generally
  110  applicable planning period of the local comprehensive plan,
  111  shall specify the projected population within the planning area
  112  during the chosen planning period, and may include a phasing or
  113  staging schedule that allocates a portion of the local
  114  government’s future growth to the planning area through the
  115  planning period. A long-term master plan adopted pursuant to
  116  this section is not required to demonstrate need based upon
  117  projected population growth or on any other basis.
  118         (b) In addition to the other requirements of this chapter,
  119  except for those that are inconsistent with or superseded by the
  120  planning standards of this paragraph, the detailed specific area
  121  plans shall be consistent with the long-term master plan and
  122  must include conditions and commitments that provide for:
  123         1. Development or conservation of an area of at least 1,000
  124  acres consistent with the long-term master plan. The local
  125  government may approve detailed specific area plans of less than
  126  1,000 acres based on local circumstances if it is determined
  127  that the detailed specific area plan furthers the purposes of
  128  this part and part I of chapter 380.
  129         2. Detailed identification and analysis of the maximum and
  130  minimum densities and intensities of use and the distribution,
  131  extent, and location of future land uses.
  132         3. Detailed identification of water resource development
  133  and water supply development projects and related infrastructure
  134  and water conservation measures to address water needs of
  135  development in the detailed specific area plan.
  136         4. Detailed identification of the transportation facilities
  137  to serve the future land uses in the detailed specific area
  138  plan.
  139         5. Detailed identification of other regionally significant
  140  public facilities, including public facilities outside the
  141  jurisdiction of the host local government, impacts of future
  142  land uses on those facilities, and required improvements
  143  consistent with the long-term master plan.
  144         6. Public facilities necessary to serve development in the
  145  detailed specific area plan, including developer contributions
  146  in a 5-year capital improvement schedule of the affected local
  147  government.
  148         7. Detailed analysis and identification of specific
  149  measures to ensure the protection and, as appropriate,
  150  restoration and management of lands within the boundary of the
  151  detailed specific area plan identified for permanent
  152  preservation through recordation of conservation easements
  153  consistent with s. 704.06, which easements shall be effective
  154  before or concurrent with the effective date of the detailed
  155  specific area plan and other important resources both within and
  156  outside the host jurisdiction. Any such conservation easement
  157  may be based on rectified aerial photographs without the need
  158  for a survey and may include a right of adjustment authorizing
  159  the grantor to modify portions of the area protected by a
  160  conservation easement and substitute other lands in their place
  161  if the lands to be substituted contain no less gross acreage
  162  than the lands to be removed; have equivalent values in the
  163  proportion and quality of wetlands, uplands, and wildlife
  164  habitat; and are contiguous to other lands protected by the
  165  conservation easement. Substitution is accomplished by recording
  166  an amendment to the conservation easement as accepted by the
  167  grantee.
  168         8. Detailed principles and guidelines addressing the urban
  169  form and the interrelationships of future land uses; achieving a
  170  more clean, healthy environment; limiting urban sprawl;
  171  providing a range of housing types; protecting wildlife and
  172  natural areas; advancing the efficient use of land and other
  173  resources; creating quality communities of a design that
  174  promotes travel by multiple transportation modes; and enhancing
  175  the prospects for the creation of jobs.
  176         9. Identification of specific procedures to facilitate
  177  intergovernmental coordination to address extrajurisdictional
  178  impacts from the detailed specific area plan.
  179  
  180  A detailed specific area plan adopted by local development order
  181  pursuant to this section may be based upon a planning period
  182  longer than the generally applicable planning period of the
  183  local comprehensive plan and shall specify the projected
  184  population within the specific planning area during the chosen
  185  planning period. A detailed specific area plan adopted pursuant
  186  to this section is not required to demonstrate need based upon
  187  projected population growth or on any other basis. All lands
  188  identified in the long-term master plan for permanent
  189  preservation shall be subject to a recorded conservation
  190  easement consistent with s. 704.06 before or concurrent with the
  191  effective date of the final detailed specific area plan to be
  192  approved within the planning area. Any such conservation
  193  easement may be based on rectified aerial photographs without
  194  the need for a survey and may include a right of adjustment
  195  authorizing the grantor to modify portions of the area protected
  196  by a conservation easement and substitute other lands in their
  197  place if the lands to be substituted contain no less gross
  198  acreage than the lands to be removed; have equivalent values in
  199  the proportion and quality of wetlands, uplands, and wildlife
  200  habitat; and are contiguous to other lands protected by the
  201  conservation easement. Substitution is accomplished by recording
  202  an amendment to the conservation easement as accepted by the
  203  grantee.
  204         (c) In its review of a long-term master plan, the state
  205  land planning agency shall consult with the Department of
  206  Agriculture and Consumer Services, the Department of
  207  Environmental Protection, the Fish and Wildlife Conservation
  208  Commission, and the applicable water management district
  209  regarding the design of areas for protection and conservation of
  210  regionally significant natural resources and for the protection
  211  and, as appropriate, restoration and management of lands
  212  identified for permanent preservation.
  213         (d) In its review of a long-term master plan, the state
  214  land planning agency shall consult with the Department of
  215  Transportation, the applicable metropolitan planning
  216  organization, and any urban transit agency regarding the
  217  location, capacity, design, and phasing or staging of major
  218  transportation facilities in the planning area.
  219         (e) Whenever a local government issues a development order
  220  approving a detailed specific area plan, a copy of such order
  221  shall be rendered to the state land planning agency and the
  222  owner or developer of the property affected by such order, as
  223  prescribed by rules of the state land planning agency for a
  224  development order for a development of regional impact. Within
  225  45 days after the order is rendered, the owner, the developer,
  226  or the state land planning agency may appeal the order to the
  227  Florida Land and Water Adjudicatory Commission by filing a
  228  petition alleging that the detailed specific area plan is not
  229  consistent with the comprehensive plan or with the long-term
  230  master plan adopted pursuant to this section. The appellant
  231  shall furnish a copy of the petition to the opposing party, as
  232  the case may be, and to the local government that issued the
  233  order. The filing of the petition stays the effectiveness of the
  234  order until after completion of the appeal process. However, if
  235  a development order approving a detailed specific area plan has
  236  been challenged by an aggrieved or adversely affected party in a
  237  judicial proceeding pursuant to s. 163.3215, and a party to such
  238  proceeding serves notice to the state land planning agency, the
  239  state land planning agency shall dismiss its appeal to the
  240  commission and shall have the right to intervene in the pending
  241  judicial proceeding pursuant to s. 163.3215. Proceedings for
  242  administrative review of an order approving a detailed specific
  243  area plan shall be conducted consistent with s. 380.07(6). The
  244  commission shall issue a decision granting or denying permission
  245  to develop pursuant to the long-term master plan and the
  246  standards of this part and may attach conditions or restrictions
  247  to its decisions.
  248         (f) The applicant for a detailed specific area plan shall
  249  transmit copies of the application to the reviewing agencies
  250  specified in s. 163.3184(1)(c), or their successor agencies, for
  251  review and comment as to whether the detailed specific area plan
  252  is consistent with the comprehensive plan and the long-term
  253  master plan. Any comments from the reviewing agencies shall be
  254  submitted in writing to the local government with jurisdiction
  255  and to the state land planning agency within 30 days after the
  256  applicant’s transmittal of the application.
  257         (g)(f) This subsection does not prevent preparation and
  258  approval of the sector plan and detailed specific area plan
  259  concurrently or in the same submission.
  260         (h)If an applicant seeks to use wetland or upland
  261  preservation achieved by granting conservation easements as
  262  compensatory mitigation for permitting purposes under chapter
  263  373 or chapter 379, the Department of Environmental Protection,
  264  the Fish and Wildlife Conservation Commission, or the water
  265  management district may accept such mitigation under the
  266  criteria established in the uniform assessment method required
  267  by s. 373.414, or pursuant to chapter 379, as applicable,
  268  without considering the fact that a conservation easement
  269  encumbering the same real property was previously recorded
  270  pursuant to paragraph (b).
  271         (9) The adoption of a long-term master plan or a detailed
  272  specific area plan pursuant to this section does not limit the
  273  right to continue existing agricultural or silvicultural uses or
  274  other natural resource-based operations or to establish similar
  275  new agricultural or silvicultural uses that are consistent with
  276  the plans approved pursuant to this section.
  277         (13) An applicant with an approved master development order
  278  may request that the applicable water management district issue
  279  a consumptive use permit as set forth in s. 373.236(8) for the
  280  same period of time as the approved master development order.
  281         (15) The more specific provisions of this section shall
  282  supersede the generally applicable provisions of this chapter
  283  which otherwise would apply. This section does not preclude a
  284  local government from requiring data and analysis beyond the
  285  minimum criteria established in this section.
  286         Section 2. Subsection (8) is added to section 373.236,
  287  Florida Statutes, to read:
  288         373.236 Duration of permits; compliance reports.—
  289         (8) A water management district may issue a permit to an
  290  applicant, as set forth in s. 163.3245(13), for the same period
  291  of time as the applicant’s approved master development order if
  292  the master development order was issued under s. 380.06(21) by a
  293  county which, at the time the order issued, was designated as a
  294  rural area of opportunity under s. 288.0656, was not located in
  295  an area encompassed by a regional water supply plan as set forth
  296  in s. 373.709(1), and was not located within the basin area
  297  management plan of a first-order magnitude spring. In reviewing
  298  the permit application, the water management district shall
  299  apply the permitting criteria in s. 373.223 based on the
  300  projected population and approved densities and intensities of
  301  use and their distribution in the master development order.
  302  However, the district may phase in the water allocation over the
  303  duration of the permit to correspond to actual projected needs.
  304  This subsection does not supersede the public interest test
  305  established in s. 373.223.
  306         Section 3. This act shall take effect July 1, 2015.
  307