CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 2380
Amendment No.
CHAMBER ACTION
Senate House
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11 Senator Bronson moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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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
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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
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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
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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.
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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
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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
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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.
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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
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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
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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.
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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)
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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,
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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
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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.
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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
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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
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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.
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