Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 324
       
       
       
       
       
       
                                Ì5652360Î565236                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/29/2018           .                                
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       Appropriations Subcommittee on Finance and Tax (Perry)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 76 and 77
    4  insert:
    5         Section 2. Paragraph (b) of subsection (3) and subsection
    6  (4) of section 163.3245, Florida Statutes, are amended to read:
    7         163.3245 Sector plans.—
    8         (3) Sector planning encompasses two levels: adoption
    9  pursuant to s. 163.3184 of a long-term master plan for the
   10  entire planning area as part of the comprehensive plan, and
   11  adoption by local development order of two or more detailed
   12  specific area plans that implement the long-term master plan and
   13  within which s. 380.06 is waived.
   14         (b)1. In addition to the other requirements of this
   15  chapter, except for those that are inconsistent with or
   16  superseded by the planning standards of this paragraph, the
   17  detailed specific area plans must shall be consistent with the
   18  long-term master plan and must include conditions and
   19  commitments that provide for:
   20         a.1. Development or conservation of an area of at least
   21  1,000 acres consistent with the long-term master plan. The local
   22  government may approve detailed specific area plans of less than
   23  1,000 acres based on local circumstances if it is determined
   24  that the detailed specific area plan furthers the purposes of
   25  this part and part I of chapter 380.
   26         b.2. Detailed identification and analysis of the maximum
   27  and minimum densities and intensities of use and the
   28  distribution, extent, and location of future land uses.
   29         c.3. Detailed identification of water resource development
   30  and water supply development projects and related infrastructure
   31  and water conservation measures to address water needs of
   32  development in the detailed specific area plan.
   33         d.4. Detailed identification of the transportation
   34  facilities to serve the future land uses in the detailed
   35  specific area plan.
   36         e.5. Detailed identification of other regionally
   37  significant public facilities, including public facilities
   38  outside the jurisdiction of the host local government, impacts
   39  of future land uses on those facilities, and required
   40  improvements consistent with the long-term master plan.
   41         f.6. Public facilities necessary to serve development in
   42  the detailed specific area plan, including developer
   43  contributions in a 5-year capital improvement schedule of the
   44  affected local government.
   45         g.7. Detailed analysis and identification of specific
   46  measures to ensure the protection and, as appropriate,
   47  restoration and management of lands within the boundary of the
   48  detailed specific area plan identified for permanent
   49  preservation through recordation of conservation easements
   50  consistent with s. 704.06, which easements shall be effective
   51  before or concurrent with the effective date of the detailed
   52  specific area plan and other important resources both within and
   53  outside the host jurisdiction. Any such conservation easement
   54  may be based on digital orthophotography prepared by a surveyor
   55  and mapper licensed under chapter 472 and may include a right of
   56  adjustment authorizing the grantor to modify portions of the
   57  area protected by a conservation easement and substitute other
   58  lands in their place if the lands to be substituted contain no
   59  less gross acreage than the lands to be removed; have equivalent
   60  values in the proportion and quality of wetlands, uplands, and
   61  wildlife habitat; and are contiguous to other lands protected by
   62  the conservation easement. Substitution is accomplished by
   63  recording an amendment to the conservation easement as accepted
   64  by and with the consent of the grantee, and which consent may
   65  not be unreasonably withheld.
   66         h.8. Detailed principles and guidelines addressing the
   67  urban form and the interrelationships of future land uses;
   68  achieving a more clean, healthy environment; limiting urban
   69  sprawl; providing a range of housing types; protecting wildlife
   70  and natural areas; advancing the efficient use of land and other
   71  resources; creating quality communities of a design that
   72  promotes travel by multiple transportation modes; and enhancing
   73  the prospects for the creation of jobs.
   74         i.9. Identification of specific procedures to facilitate
   75  intergovernmental coordination to address extrajurisdictional
   76  impacts from the detailed specific area plan.
   77         2. A detailed specific area plan adopted by local
   78  development order pursuant to this section may be based upon a
   79  planning period longer than the generally applicable planning
   80  period of the local comprehensive plan and shall specify the
   81  projected population within the specific planning area during
   82  the chosen planning period. A detailed specific area plan
   83  adopted pursuant to this section is not required to demonstrate
   84  need based upon projected population growth or on any other
   85  basis. All lands identified in the long-term master plan for
   86  permanent preservation shall be subject to a recorded
   87  conservation easement consistent with s. 704.06 before or
   88  concurrent with the effective date of the final detailed
   89  specific area plan to be approved within the planning area. Any
   90  such conservation easement may be based on digital
   91  orthophotography prepared by a surveyor and mapper licensed
   92  under chapter 472 and may include a right of adjustment
   93  authorizing the grantor to modify portions of the area protected
   94  by a conservation easement and substitute other lands in their
   95  place if the lands to be substituted contain no less gross
   96  acreage than the lands to be removed; have equivalent values in
   97  the proportion and quality of wetlands, uplands, and wildlife
   98  habitat; and are contiguous to other lands protected by the
   99  conservation easement. Substitution is accomplished by recording
  100  an amendment to the conservation easement as accepted by and
  101  with the consent of the grantee, and which consent may not be
  102  unreasonably withheld.
  103         3.In adopting a detailed specific area plan or related
  104  development order, a local government may not include or impose
  105  as a development order condition a requirement that a developer
  106  contribute or pay for land acquisition or construction or
  107  expansion of public facilities, or portions thereof, unless the
  108  local government has enacted a local ordinance that requires
  109  developers of other developments not within a sector planning
  110  area to contribute a proportionate share of the funds, land, or
  111  public facilities necessary to accommodate any impacts having a
  112  rational nexus to the proposed development. When allowed under
  113  this section, the obligation to fund or construct new facilities
  114  or add to the present system of public facilities must have an
  115  essential nexus and be roughly proportionate to the proposed
  116  development.
  117         4.Within 30 days of receipt of an application for approval
  118  of a detailed specific area plan or related development order, a
  119  local government must review the application for completeness
  120  and issue a letter either indicating that all required
  121  information has been submitted or specifying, with
  122  particularity, any areas that are deficient. If the application
  123  is found to be deficient, the applicant must address the
  124  deficiencies within 30 days after receiving notice of the
  125  deficiencies by submitting the required additional information.
  126  The local government must approve, approve with conditions, or
  127  deny the application for the detailed specific area plan within
  128  90 days after receipt of the initial or supplemental submission,
  129  whichever is later, unless the deadline is waived in writing by
  130  the applicant. An approval or denial of the application for
  131  approval of a detailed specific area plan or related development
  132  order must include written findings supporting the local
  133  government decision.
  134         (4) Upon the long-term master plan becoming legally
  135  effective:
  136         (a) Any long-range transportation plan developed by a
  137  metropolitan planning organization pursuant to s. 339.175(7)
  138  must be consistent, to the maximum extent feasible, with the
  139  long-term master plan, including, but not limited to, the
  140  projected population and the approved uses and densities and
  141  intensities of use and their distribution within the planning
  142  area. The transportation facilities identified in adopted plans
  143  pursuant to subparagraph (3)(a)3. and sub-subparagraph
  144  (3)(b)1.d. subparagraphs (3)(a)3. and (b)4. must be developed in
  145  coordination with the adopted M.P.O. long-range transportation
  146  plan.
  147         (b) The water needs, sources and water resource
  148  development, and water supply development projects identified in
  149  adopted plans pursuant to subparagraph (3)(a)2. and sub
  150  subparagraph (3)(b)1.d. must subparagraphs (3)(a)2. and (b)3.
  151  shall be incorporated into the applicable district and regional
  152  water supply plans adopted in accordance with ss. 373.036 and
  153  373.709. Accordingly, and notwithstanding the permit durations
  154  stated in s. 373.236, an applicant may request and the
  155  applicable district may issue consumptive use permits for
  156  durations commensurate with the long-term master plan or
  157  detailed specific area plan, considering the ability of the
  158  master plan area to contribute to regional water supply
  159  availability and the need to maximize reasonable-beneficial use
  160  of the water resource. The permitting criteria in s. 373.223
  161  shall be applied based upon the projected population and the
  162  approved densities and intensities of use and their distribution
  163  in the long-term master plan; however, the allocation of the
  164  water may be phased over the permit duration to correspond to
  165  actual projected needs. This paragraph does not supersede the
  166  public interest test set forth in s. 373.223.
  167  
  168  ================= T I T L E  A M E N D M E N T ================
  169  And the title is amended as follows:
  170         Delete line 4
  171  and insert:
  172         fees; amending s. 163.3245, F.S.; prohibiting local
  173         governments from requiring certain conditions in
  174         development orders, except under certain conditions;
  175         specifying the process for the local government review
  176         and approval of detailed specific area plans or
  177         related development orders; providing an effective
  178         date.