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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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

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                                                  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)(h) 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), (4), and (6) of

 8  section 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         (4)  Program funds may also be used to fund the

16  following:

17         (a)  Construction or rehabilitation of port facilities

18  as defined in s. 315.02 in ports listed in s. 311.09(1) with

19  operating revenues of $5 million or less, if the projects

20  create economic development opportunities, capital

21  improvements, and positive financial returns to such ports.

22         (b)  Trade corridor or system-wide freight mobility

23  plans. A port eligible for matching funds under the program

24  may receive a distribution of not more than $7 million during

25  any 1 calendar year and a distribution of not more than $30

26  million during any 5-calendar-year period.

27         (6)  The Department of Transportation shall ensure that

28  subject any project that receives funds pursuant to this

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

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

31  necessary or convenient to ensure that the final audits are

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  conducted and that any deficiency or questioned costs noted by

 2  the audit are resolved.

 3         Section 6.  Section 311.102, Florida Statutes, is

 4  created to read:

 5         311.102  Department of Community Affairs; Office of

 6  Seaport and Freight Mobility Planning.--

 7         (1)  There is created within the Department of

 8  Community Affairs, the Office of Seaport and Freight Mobility

 9  Planning in order to enhance Florida's global competitiveness,

10  productivity, and efficiency in international trade and the

11  movement of people and cargo to and from Florida's seaports.

12  The duties and responsibilities of the Office of Seaport and

13  Freight Mobility Planning are to:

14         (a)  Review port comprehensive master plans and provide

15  technical assistance to ports as may be necessary to maintain

16  compliance with the provisions of s. 163.3178(2)(k).

17         (b)  Review eligible projects approved by the Florida

18  Seaport Transportation and Economic Development Council to

19  determine consistency with local government comprehensive

20  plans and consistency with port master plans pursuant to s.

21  311.096(6).

22         (c)  Coordinate coastal consistency review, pursuant to

23  the provisions of s. 380.23(3), of activities, uses, and

24  projects potentially affecting ports listed in s. 311.09(1).

25         (d)  Review and recommend such actions as may be

26  required to achieve consistency between the intermodal

27  transportation components of port master plans, local

28  comprehensive plans, the 5-year Florida Seaport Mission Plan

29  developed pursuant to s. 311.09(3), the Florida Transportation

30  Plan developed pursuant to s. 339.155, and M.P.O. plans and

31  programs as provided in s. 339.175.

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1         (e)  Ensure, to the greatest extent possible, that the

 2  actions and review functions of the department, with respect

 3  to ports listed in s. 311.09(1), are not duplicative of the

 4  actions and review functions of federal agencies, other state

 5  agencies, water management districts, and the Fish and

 6  Wildlife Conservation Commission.

 7         Section 7.  Subsection (24) of section 380.06, Florida

 8  Statutes, 1998 Supplement, is amended to read:

 9         380.06  Developments of regional impact.--

10         (24)  STATUTORY EXEMPTIONS.--

11         (a)  Any proposed hospital which has a designed

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

13  provisions of this section.

14         (b)  Any proposed electrical transmission line or

15  electrical power plant is exempt from the provisions of this

16  section, except any steam or solar electrical generating

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

18  development of regional impact.

19         (c)  Any proposed addition to an existing sports

20  facility complex is exempt from the provisions of this section

21  if the addition meets the following characteristics:

22         1.  It would not operate concurrently with the

23  scheduled hours of operation of the existing facility.

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

25  percent of the capacity of the existing facility.

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

27  public body prior to July 1, 1983.

28

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

30         (d)  Any proposed addition or cumulative additions

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





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

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

 3  the capacity of the existing facility.

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

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

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

 7  provisions of this section if future additions do not expand

 8  existing permanent seating or parking capacity more than 15

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

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

11  existing sports facility having a permanent seating capacity

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

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

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

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

16  provided that the sports facility notifies the appropriate

17  local government within which the facility is located of the

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

19  increased seating, in order to permit the appropriate local

20  government to develop a traffic management plan for the

21  traffic generated by the increase.  Any traffic management

22  plan shall be consistent with the local comprehensive plan,

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

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

25  additional improved parking facilities of an existing sports

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

27  following conditions exist:

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

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

30  seats;

31         b.  The sum of such expansions in permanent seating

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





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

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

 3  for any such expansions; or

 4         c.  The increase in additional improved parking

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

 6  parking spaces serving the sports facility; and

 7         2.  The local government having jurisdiction of the

 8  sports facility includes in the development order or

 9  development permit approving such expansion under this

10  paragraph a finding of fact that the proposed expansion is

11  consistent with the transportation, water, sewer and

12  stormwater drainage provisions of the approved local

13  comprehensive plan and local land development regulations

14  relating to those provisions.

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

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

17  related inwater harbor facilities of ports listed in s.

18  403.021(9)(b), port transportation facilities and projects

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

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

21  expansions, projects, or facilities are consistent with

22  comprehensive master plans that are in compliance with the

23  provisions of s. 163.3178.

24

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

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

27  government application for a development permit.  Within 45

28  days of receipt of the application, the department shall

29  render to the local government an advisory and nonbinding

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

31  opinion, the prescribed conditions exist for an exemption

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  under this paragraph.  The local government shall render the

 2  development order approving each such expansion to the

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

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

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

 6  review shall be limited to the determination of whether the

 7  conditions prescribed in this paragraph exist.  If any sports

 8  facility expansion undergoes development of regional impact

 9  review, all previous expansions which were exempt under this

10  paragraph shall be included in the development of regional

11  impact review.

12         Section 8.  Paragraph (c) of subsection (7) of section

13  253.03, Florida Statutes, 1998 Supplement, is amended to read:

14         253.03  Board of trustees to administer state lands;

15  lands enumerated.--

16         (7)

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

18  the National Register of Historic Places which are over the

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

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

21  grandfathered-in to use sovereignty submerged lands until

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

23  Administrative Code, shall have the right to continue such

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

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

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

27  maintains the structure in a good state of repair consistent

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

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

30  long as the reconstruction is consistent with the integrity of

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





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

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

 3  submerged lease and either repair and maintain the property or

 4  require that the structure be removed from sovereignty

 5  submerged lands.

 6         Section 9.  Paragraph (a) of subsection (6) of section

 7  163.3177, Florida Statutes, 1998 Supplement, is amended to

 8  read:

 9         163.3177  Required and optional elements of

10  comprehensive plan; studies and surveys.--

11         (6)  In addition to the requirements of subsections

12  (1)-(5), the comprehensive plan shall include the following

13  elements:

14         (a)  A future land use plan element designating

15  proposed future general distribution, location, and extent of

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

17  industry, agriculture, recreation, conservation, education,

18  public buildings and grounds, other public facilities, and

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

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

21  the control and distribution of population densities and

22  building and structure intensities.  The proposed

23  distribution, location, and extent of the various categories

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

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

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

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

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

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

30  including the amount of land required to accommodate

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

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  character of undeveloped land; the availability of public

 2  services; and the need for redevelopment, including the

 3  renewal of blighted areas and the elimination of nonconforming

 4  uses which are inconsistent with the character of the

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

 6  future planned development use involving combinations of types

 7  of uses for which special regulations may be necessary to

 8  ensure development in accord with the principles and standards

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

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

11  municipal incorporation.  The land use maps or map series

12  shall generally identify and depict historic district

13  boundaries and shall designate historically significant

14  properties meriting protection.  The future land use element

15  must clearly identify the land use categories in which public

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

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

18  local government shall include in the categories sufficient

19  land proximate to residential development to meet the

20  projected needs for schools in coordination with public school

21  boards and may establish differing criteria for schools of

22  different type or size.  Each local government shall include

23  lands contiguous to existing school sites, to the maximum

24  extent possible, within the land use categories in which

25  public schools are an allowable use. All comprehensive plans

26  must comply with the school siting requirements of this

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

28  the local government evaluation and appraisal report,

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

30  comply with these school siting requirements by October 1,

31  1999, this requirement will result in the prohibition of the

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1  local government's ability to amend the local comprehensive

 2  plan, except for plan amendments described in paragraph

 3  163.3187(1)(b), until the school siting requirements are met

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

 5  local government for purposes of identifying the land use

 6  categories in which public schools are an allowable use is

 7  exempt from the limitation on the frequency of plan amendments

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

 9  include criteria which encourage the location of schools

10  proximate to urban residential areas to the extent possible

11  and shall require that the local government seek to collocate

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

13  centers, with schools to the extent possible.

14         Section 10.  This act shall take effect upon becoming a

15  law.

16

17

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

19  And the title is amended as follows:

20         Delete everything before the enacting clause

21

22  and insert:

23                      A bill to be entitled

24         An act relating to local government

25         comprehensive planning; amending s. 163.3178,

26         F.S.; requiring certain ports to identify

27         certain spoil disposal sites; requiring ports

28         to prepare comprehensive master plans; amending

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

30         on amendments to a local government's

31         comprehensive plan does not apply to amendments

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 2380

    Amendment No.    





 1         necessary to establish public school

 2         concurrency; requiring all local government

 3         public school facilities elements within a

 4         county to be prepared and adopted on a similar

 5         time schedule; exempting comprehensive plan

 6         amendments for port transportation facilities

 7         and projects from a time limitation; amending

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

 9         paying fees for activities involving the use of

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

11         providing a presumption for consistent

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

13         that projects eligible for funding under the

14         Florida Seaport Transportation and Economic

15         Development Program must be consistent with the

16         port master plans; exempting certain port

17         transportation facilities and projects from

18         review as developments of regional impact;

19         creating s. 320.102, F.S.; creating the Office

20         of Seaport and Freight Mobility Planning within

21         the Office of the Secretary of the Department

22         of Community Affairs; providing duties and

23         responsibilities; amending s. 380.06, F.S.;

24         exempting certain port projects from review as

25         developments of regional impact; amending s.

26         253.03; providing that certain structures are

27         entitled to continue sovereignty submerged

28         lands leases; amending s.163.3177, F.S.;

29         revising requirements relating to inclusion of

30         school siting elements in comprehensive plans;

31         providing an effective date.

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