CODING: Words stricken are deletions; words underlined are additions.





                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5

 6

 7

 8

 9

10                                                                

11  Senator Bronson moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (7) of section 163.3178, Florida

18  Statutes, is amended to read:

19         163.3178  Coastal management.--

20         (7)  Each port listed in s. 311.09(1) and each local

21  government in the coastal area which has spoil disposal

22  responsibilities shall provide for or identify disposal sites

23  for dredged materials in the future land use and port elements

24  of the local comprehensive plan as needed to assure proper

25  long-term management of material dredged from navigation

26  channels, sufficient long-range disposal capacity,

27  environmental sensitivity and compatibility, and reasonable

28  cost and transportation.  The disposal site selection criteria

29  shall be developed in consultation with navigation and inlet

30  districts and other appropriate state and federal agencies and

31  the public. For areas owned or controlled by ports listed in

                                  1
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  s. 311.09(1) and proposed port expansion areas, compliance

 2  with the provisions of this subsection may be achieved through

 3  comprehensive master plans prepared by each port and

 4  integrated with the appropriate local plan pursuant to s.

 5  163.3178(2)(k).

 6         Section 2.  Paragraphs (h) and (g) are added to

 7  subsection (1) of section 163.3187, Florida Statutes, 1998

 8  Supplement, and paragraph (a) of subsection (6), is amended to

 9  read:

10         163.3187  Amendment of adopted comprehensive plan.--

11         (1)  Amendments to comprehensive plans adopted pursuant

12  to this part may be made not more than two times during any

13  calendar year, except:

14         (h)  Any comprehensive plan amendment to establish

15  public school concurrency pursuant to s. 163.3180(12),

16  including, but not limited to, adoption of a public school

17  facilities element and adoption of amendments to the capital

18  improvements element and intergovernmental coordination

19  element. In order to ensure the consistency of local

20  government public school facilities elements within a county,

21  such elements shall be prepared and adopted on a similar time

22  schedule.

23         (g)  Any comprehensive plan amendments for port

24  transportation facilities and projects that are eligible for

25  funding by the Florida Seaport Transportation and Economic

26  Development Council pursuant to s. 311.07.

27         (6)(a)  No local government may amend its comprehensive

28  plan after the date established by the state land planning

29  agency for adoption of its evaluation and appraisal report

30  unless it has submitted its report or addendum to the state

31  land planning agency as prescribed by s. 163.3191, except for

                                  2
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  plan amendments described in paragraphs (1)(b) and (g)

 2  paragraph (1)(b).

 3         Section 3.  Subsection (4) is added to section 253.77,

 4  Florida Statutes, to read:

 5         253.77  State lands; state agency authorization for use

 6  prohibited without consent of agency in which title vested;

 7  concurrent processing requirements.--

 8         (4)  Notwithstanding any other provision of this

 9  chapter, chapter 373, or chapter 403, for activities

10  authorized by a permit or exemption pursuant to chapter 373 or

11  chapter 403, ports listed in s. 403.021(9)(b) and inland

12  navigation districts created pursuant to s. 374.975(3) or by

13  special act are not required to pay any fees for activities

14  involving the use of sovereign lands, including leases,

15  easements, or consents of use, except application fees

16  including, but not limited to, those required by chapters 161,

17  253, 373, or 403. Any federal, state, or local agency or

18  political subdivision that otherwise qualifies for an

19  exemption under chapters 373 or 403 may be granted a consent

20  of use or public easement for land owned by the Board of

21  Trustees of the Internal Improvement Trust Fund or any water

22  management district upon request and submittal of a survey and

23  legal description of the affected land.

24         Section 4.  Subsection (9) of section 311.09, Florida

25  Statutes, is amended to read:

26         311.09  Florida Seaport Transportation and Economic

27  Development Council.--

28         (9)  The council shall review the findings of the

29  Department of Community Affairs; the Office of Tourism, Trade,

30  and Economic Development; and the Department of

31  Transportation.  Projects found to be inconsistent pursuant to

                                  3
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  subsections (6), (7), and (8) and projects which have been

 2  determined not to offer an economic benefit to the state

 3  pursuant to subsection (8) shall not be included in the list

 4  of projects to be funded. Projects found to be consistent

 5  pursuant to subsections (6), (7), and (8) are presumed to be

 6  in the public interest.

 7         Section 5.  Subsections (1), (3), and (6) of section

 8  311.07, Florida Statutes, are amended to read:

 9         311.07  Florida seaport transportation and economic

10  development funding.--

11         (1)  There is created the Florida Seaport

12  Transportation and Economic Development Program within the

13  Department of Transportation to finance port transportation or

14  port facilities and projects that will improve the movement

15  and intermodal transportation of cargo or passengers in

16  commerce and trade and that will support the interests,

17  purposes, and requirements of ports located in this state.

18         (3)(a)  Program funds shall be used to fund approved

19  projects on a 50-50 matching basis with any of the deepwater

20  ports, as listed in s. 403.021(9)(b), which is governed by a

21  public body or any other deepwater port which is governed by a

22  public body and which complies with the water quality

23  provisions of s. 403.061, the comprehensive master plan

24  requirements of s. 163.3178(2)(k), the local financial

25  management and reporting provisions of part III of chapter

26  218, and the auditing provisions of s. 11.45(3)(a)4. Program

27  funds also may be used by the Seaport Transportation and

28  Economic Development Council to develop with the Florida Trade

29  Data Center such trade data, trade market, and shipping

30  information products which will assist Florida's seaports and

31  international trade.

                                  4
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1         (b)  Projects eligible for funding by grants under the

 2  program are limited to the following port transportation

 3  facilities and or port transportation projects which

 4  accommodate freight movement and storage capacity or cruise

 5  capacity excluding transient lodging facilities:

 6         1.  Transportation facilities within the jurisdiction

 7  of the port.

 8         2.  The dredging or deepening of channels, turning

 9  basins, or harbors.

10         3.  The construction or rehabilitation of wharves,

11  docks, structures, jetties, piers, storage facilities, cruise

12  terminals, automated people mover systems, or any facilities

13  necessary or useful in connection with any of the foregoing.

14         4.  The acquisition of container cranes or other

15  mechanized equipment used in the movement of cargo or

16  passengers in international commerce.

17         5.  The acquisition of land to be used for port

18  purposes as described in or consistent with port master plans

19  in compliance with s. 163.3178.

20         6.  The acquisition, improvement, enlargement, or

21  extension of existing port facilities as described in or

22  consistent with port master plans in compliance with s.

23  163.3178.

24         7.  Environmental protection projects which are

25  necessary because of requirements imposed by a state agency as

26  a condition of a permit or other form of state approval; which

27  are necessary for environmental mitigation required as a

28  condition of a state, federal, or local environmental permit;

29  which are necessary for the acquisition of spoil disposal

30  sites and improvements to existing and future spoil sites; or

31  which result from the funding of eligible projects listed

                                  5
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  herein.

 2         8.  Transportation facilities as defined in s.

 3  334.03(31) which are not otherwise part of the Department of

 4  Transportation's adopted work program.

 5         9.  Seaport intermodal access projects identified in

 6  the 5-year Florida Seaport Mission Plan as provided in s.

 7  311.09(3).

 8         (c)  To be eligible for consideration by the council

 9  pursuant to this section, a project must be consistent with

10  the port comprehensive master plan which is incorporated as

11  part of the approved local government comprehensive plan as

12  required by s. 163.3178(2)(k) or other provisions of the Local

13  Government Comprehensive Planning and Land Development

14  Regulation Act, part II of chapter 163.

15         (6)  The Department of Transportation shall ensure that

16  subject any project that receives funds pursuant to this

17  section and s. 320.20 is audited to a final audit. The

18  department may adopt rules and perform such other acts as are

19  necessary or convenient to ensure that the final audits are

20  conducted and that any deficiency or questioned costs noted by

21  the audit are resolved.

22         Section 6.  Subsection (24) of section 380.06, Florida

23  Statutes, 1998 Supplement, is amended to read:

24         380.06  Developments of regional impact.--

25         (24)  STATUTORY EXEMPTIONS.--

26         (a)  Any proposed hospital which has a designed

27  capacity of not more than 100 beds is exempt from the

28  provisions of this section.

29         (b)  Any proposed electrical transmission line or

30  electrical power plant is exempt from the provisions of this

31  section, except any steam or solar electrical generating

                                  6
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  facility of less than 50 megawatts in capacity attached to a

 2  development of regional impact.

 3         (c)  Any proposed addition to an existing sports

 4  facility complex is exempt from the provisions of this section

 5  if the addition meets the following characteristics:

 6         1.  It would not operate concurrently with the

 7  scheduled hours of operation of the existing facility.

 8         2.  Its seating capacity would be no more than 75

 9  percent of the capacity of the existing facility.

10         3.  The sports facility complex property is owned by a

11  public body prior to July 1, 1983.

12

13  This exemption does not apply to any pari-mutuel facility.

14         (d)  Any proposed addition or cumulative additions

15  subsequent to July 1, 1988, to an existing sports facility

16  complex owned by a state university is exempt if the increased

17  seating capacity of the complex is no more than 30 percent of

18  the capacity of the existing facility.

19         (e)  Any addition of permanent seats or parking spaces

20  for an existing sports facility located on property owned by a

21  public body prior to July 1, 1973, is exempt from the

22  provisions of this section if future additions do not expand

23  existing permanent seating or parking capacity more than 15

24  percent annually in excess of the prior year's capacity.

25         (f)  Any increase in the seating capacity of an

26  existing sports facility having a permanent seating capacity

27  of at least 50,000 spectators is exempt from the provisions of

28  this section, provided that such an increase does not increase

29  permanent seating capacity by more than 5 percent per year and

30  not to exceed a total of 10 percent in any 5-year period, and

31  provided that the sports facility notifies the appropriate

                                  7
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  local government within which the facility is located of the

 2  increase at least 6 months prior to the initial use of the

 3  increased seating, in order to permit the appropriate local

 4  government to develop a traffic management plan for the

 5  traffic generated by the increase.  Any traffic management

 6  plan shall be consistent with the local comprehensive plan,

 7  the regional policy plan, and the state comprehensive plan.

 8         (g)  Any expansion in the permanent seating capacity or

 9  additional improved parking facilities of an existing sports

10  facility is exempt from the provisions of this section, if the

11  following conditions exist:

12         1.a.  The sports facility had a permanent seating

13  capacity on January 1, 1991, of at least 41,000 spectator

14  seats;

15         b.  The sum of such expansions in permanent seating

16  capacity does not exceed a total of 10 percent in any 5-year

17  period and does not exceed a cumulative total of 20 percent

18  for any such expansions; or

19         c.  The increase in additional improved parking

20  facilities is a one-time addition and does not exceed 3,500

21  parking spaces serving the sports facility; and

22         2.  The local government having jurisdiction of the

23  sports facility includes in the development order or

24  development permit approving such expansion under this

25  paragraph a finding of fact that the proposed expansion is

26  consistent with the transportation, water, sewer and

27  stormwater drainage provisions of the approved local

28  comprehensive plan and local land development regulations

29  relating to those provisions.

30         (h)  Expansion to port harbors, spoil disposal sites,

31  navigation channels, turning basins, harbor berths, and other

                                  8
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  related inwater harbor facilities of ports listed in s.

 2  403.021(9)(b), port transportation facilities and projects

 3  listed in s. 311.07(3)(b), and intermodal transportation

 4  facilities identified pursuant to s. 311.09(3), where such

 5  expansions, projects, or facilities are consistent with

 6  comprehensive master plans that are in compliance with the

 7  provisions of s. 163.3178.

 8

 9  Any owner or developer who intends to rely on this statutory

10  exemption shall provide to the department a copy of the local

11  government application for a development permit.  Within 45

12  days of receipt of the application, the department shall

13  render to the local government an advisory and nonbinding

14  opinion, in writing, stating whether, in the department's

15  opinion, the prescribed conditions exist for an exemption

16  under this paragraph.  The local government shall render the

17  development order approving each such expansion to the

18  department.  The owner, developer, or department may appeal

19  the local government development order pursuant to s. 380.07,

20  within 45 days after the order is rendered.  The scope of

21  review shall be limited to the determination of whether the

22  conditions prescribed in this paragraph exist.  If any sports

23  facility expansion undergoes development of regional impact

24  review, all previous expansions which were exempt under this

25  paragraph shall be included in the development of regional

26  impact review.

27         Section 7.  Paragraph (c) of subsection (7) of section

28  253.03, Florida Statutes, 1998 Supplement, is amended to read:

29         253.03  Board of trustees to administer state lands;

30  lands enumerated.--

31         (7)

                                  9
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1         (c)  Structures which are listed in or are eligible for

 2  the National Register of Historic Places which are over the

 3  waters of the state or the State Inventory of Historic Places

 4  and which have a submerged land lease, or have been

 5  grandfathered-in to use sovereignty submerged lands until

 6  January 1, 1998, pursuant to chapter 18-21.00405, Florida

 7  Administrative Code, shall have the right to continue such

 8  submerged land leases be allowed to apply for an extension of

 9  such lease, regardless of the fact that the present landholder

10  is not an adjacent riparian landowner, so long as the lessee

11  maintains the structure in a good state of repair consistent

12  with the guidelines for listing. If the structure is damaged

13  or destroyed, the lessee shall be allowed to reconstruct, so

14  long as the reconstruction is consistent with the integrity of

15  the listed structure. If a structure so listed falls into

16  disrepair and the lessee is not willing to repair and maintain

17  it consistent with its listing, the state may cancel the

18  submerged lease and either repair and maintain the property or

19  require that the structure be removed from sovereignty

20  submerged lands.

21         Section 8.  Paragraph (a) of subsection (6) of section

22  163.3177, Florida Statutes, 1998 Supplement, is amended to

23  read:

24         163.3177  Required and optional elements of

25  comprehensive plan; studies and surveys.--

26         (6)  In addition to the requirements of subsections

27  (1)-(5), the comprehensive plan shall include the following

28  elements:

29         (a)  A future land use plan element designating

30  proposed future general distribution, location, and extent of

31  the uses of land for residential uses, commercial uses,

                                  10
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  industry, agriculture, recreation, conservation, education,

 2  public buildings and grounds, other public facilities, and

 3  other categories of the public and private uses of land.  The

 4  future land use plan shall include standards to be followed in

 5  the control and distribution of population densities and

 6  building and structure intensities.  The proposed

 7  distribution, location, and extent of the various categories

 8  of land use shall be shown on a land use map or map series

 9  which shall be supplemented by goals, policies, and measurable

10  objectives.  Each land use category shall be defined in terms

11  of the types of uses included and specific standards for the

12  density or intensity of use.  The future land use plan shall

13  be based upon surveys, studies, and data regarding the area,

14  including the amount of land required to accommodate

15  anticipated growth; the projected population of the area; the

16  character of undeveloped land; the availability of public

17  services; and the need for redevelopment, including the

18  renewal of blighted areas and the elimination of nonconforming

19  uses which are inconsistent with the character of the

20  community. The future land use plan may designate areas for

21  future planned development use involving combinations of types

22  of uses for which special regulations may be necessary to

23  ensure development in accord with the principles and standards

24  of the comprehensive plan and this act.  The future land use

25  plan of a county may also designate areas for possible future

26  municipal incorporation.  The land use maps or map series

27  shall generally identify and depict historic district

28  boundaries and shall designate historically significant

29  properties meriting protection.  The future land use element

30  must clearly identify the land use categories in which public

31  schools are an allowable use.  When delineating the land use

                                  11
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  categories in which public schools are an allowable use, a

 2  local government shall include in the categories sufficient

 3  land proximate to residential development to meet the

 4  projected needs for schools in coordination with public school

 5  boards and may establish differing criteria for schools of

 6  different type or size.  Each local government shall include

 7  lands contiguous to existing school sites, to the maximum

 8  extent possible, within the land use categories in which

 9  public schools are an allowable use. All comprehensive plans

10  must comply with the school siting requirements of this

11  paragraph no later than October 1, 1999, or the deadline for

12  the local government evaluation and appraisal report,

13  whichever occurs first. The failure by a local government to

14  comply with these school siting requirements by October 1,

15  1999, this requirement will result in the prohibition of the

16  local government's ability to amend the local comprehensive

17  plan, except for plan amendments described in paragraph

18  163.3187(1)(b), until the school siting requirements are met

19  as provided by s. 163.3187(6). An amendment proposed by a

20  local government for purposes of identifying the land use

21  categories in which public schools are an allowable use is

22  exempt from the limitation on the frequency of plan amendments

23  contained in s. 163.3187. The future land use element shall

24  include criteria which encourage the location of schools

25  proximate to urban residential areas to the extent possible

26  and shall require that the local government seek to collocate

27  public facilities, such as parks, libraries, and community

28  centers, with schools to the extent possible.

29         Section 9.  This act shall take effect upon becoming a

30  law.

31

                                  12
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  ================ T I T L E   A M E N D M E N T ===============

 2  And the title is amended as follows:

 3         Delete everything before the enacting clause

 4

 5  and insert:

 6                      A bill to be entitled

 7         An act relating to local government

 8         comprehensive planning; amending s. 163.3178,

 9         F.S.; requiring certain ports to identify

10         certain spoil disposal sites; requiring ports

11         to prepare comprehensive master plans; amending

12         s. 163.3187, F.S.; providing that a limitation

13         on amendments to a local government's

14         comprehensive plan does not apply to amendments

15         necessary to establish public school

16         concurrency; requiring all local government

17         public school facilities elements within a

18         county to be prepared and adopted on a similar

19         time schedule; exempting comprehensive plan

20         amendments for port transportation facilities

21         and projects from a time limitation; amending

22         s. 253.77, F.S.; exempting certain ports from

23         paying fees for activities involving the use of

24         sovereign lands; amending s. 311.09, F.S.;

25         providing a presumption for consistent

26         projects; amending s. 311.07, F.S.; providing

27         that projects eligible for funding under the

28         Florida Seaport Transportation and Economic

29         Development Program must be consistent with the

30         port master plans; exempting certain port

31         transportation facilities and projects from

                                  13
    10:52 AM   04/27/99                              s2380.nr18.Fa




                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1         review as developments of regional impact;

 2         amending s. 380.06, F.S.; exempting certain

 3         port projects from review as developments of

 4         regional impact; amending s. 253.03; providing

 5         that certain structures are entitled to

 6         continue sovereignty submerged lands leases;

 7         amending s.163.3177, F.S.; revising

 8         requirements relating to inclusion of school

 9         siting elements in comprehensive plans;

10         providing an effective date.

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  14
    10:52 AM   04/27/99                              s2380.nr18.Fa