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





                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Albright offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Subsection (4) of section 163.2517, Florida

18  Statutes, is amended to read:

19         163.2517  Designation of urban infill and redevelopment

20  area.--

21         (4)  In order for a local government to designate an

22  urban infill and redevelopment area, it must amend its

23  comprehensive land use plan under s. 163.3187 to delineate the

24  boundaries of the urban infill and redevelopment area within

25  the future land use element of its comprehensive plan pursuant

26  to its adopted urban infill and redevelopment plan. The

27  reviewing state land planning agency shall review the boundary

28  delineation of the urban infill and redevelopment area in the

29  future land use element under s. 163.3184. However, an urban

30  infill and redevelopment plan adopted by a local government is

31  not subject to review for compliance as defined by s.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  163.3184(1)(b), and the local government is not required to

 2  adopt the plan as a comprehensive plan amendment. An amendment

 3  to the local comprehensive plan to designate an urban infill

 4  and redevelopment area is exempt from the twice-a-year

 5  amendment limitation of s. 163.3187.

 6         Section 2.  Subsections (5) through (9) of section

 7  163.3161, Florida Statutes, are renumbered as subsections (6)

 8  through (10), respectively, and a new subsection (5) is added

 9  to said section to read:

10         163.3161  Short title; intent and purpose.--

11         (5)  It is the intent of this act to authorize the

12  state land planning agency to provide technical planning

13  assistance to municipalities and counties in the preparation

14  of their comprehensive plans, plan amendments, and evaluation

15  and appraisal reports.

16         Section 3.  Subsections (21) through (30) of section

17  163.3164, Florida Statutes, are renumbered as subsections (22)

18  through (31), respectively, present subsection (31) is

19  renumbered and amended, and a new subsection (21) is added to

20  said section, to read:

21         163.3164  Definitions.--As used in this act:

22         (21)  "Reviewing land planning agency" means the local

23  reviewing council of the local government's jurisdiction

24  created pursuant to s. 163.3175 or the Department of Community

25  Affairs, as designated by the municipality or county in its

26  Notice of Election of Review filed with the Department of

27  Community Affairs and the local reviewing council. However,

28  for purposes of review of a local government's initial

29  comprehensive plan pursuant to s. 163.3184, the Department of

30  Community Affairs shall be the reviewing land planning agency.

31         (32)(31)  "Optional sector plan" means an optional

                                  2

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  process authorized by s. 163.3245 in which one or more local

 2  governments by agreement with the state land planning agency

 3  are allowed to address regional development-of-regional-impact

 4  issues within certain designated geographic areas identified

 5  in the local comprehensive plan as a means of fostering

 6  innovative planning and development strategies in s.

 7  163.3177(11)(a) and (b), furthering the purposes of this part

 8  and part I of chapter 380, reducing overlapping data and

 9  analysis requirements, protecting regionally significant

10  resources and facilities, and addressing extrajurisdictional

11  impacts.

12         Section 4.  Subsection (4) of section 163.3171, Florida

13  Statutes, is amended to read:

14         163.3171  Areas of authority under this act.--

15         (4)  The reviewing state land planning agency and a

16  local government shall have the power to enter into agreements

17  with each other and to agree together to enter into agreements

18  with a landowner, developer, or governmental agency as may be

19  necessary or desirable to effectuate the provisions and

20  purposes of ss. 163.3177(6)(h) and (11)(a), (b), and (c), and

21  163.3245.

22         Section 5.  Subsection (1) of section 163.3174, Florida

23  Statutes, is amended to read:

24         163.3174  Local planning agency.--

25         (1)  The governing body of each local government,

26  individually or in combination as provided in s. 163.3171,

27  shall designate and by ordinance establish a "local planning

28  agency," unless the agency is otherwise established by law.

29  The governing body may designate itself as the local planning

30  agency pursuant to this subsection.  The governing body shall

31  notify the reviewing state land planning agency of the

                                  3

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  establishment of its local planning agency. All local planning

 2  agencies shall provide opportunities for involvement by

 3  district school boards and applicable community college

 4  boards, which may be accomplished by formal representation,

 5  membership on technical advisory committees, or other

 6  appropriate means. The local planning agency shall prepare the

 7  comprehensive plan or plan amendment after hearings to be held

 8  after public notice and shall make recommendations to the

 9  governing body regarding the adoption or amendment of the

10  plan. The agency may be a local planning commission, the

11  planning department of the local government, or other

12  instrumentality, including a countywide planning entity

13  established by special act or a council of local government

14  officials created pursuant to s. 163.02, provided the

15  composition of the council is fairly representative of all the

16  governing bodies in the county or planning area; however:

17         (a)  If a joint planning entity is in existence on the

18  effective date of this act which authorizes the governing

19  bodies to adopt and enforce a land use plan effective

20  throughout the joint planning area, that entity shall be the

21  agency for those local governments until such time as the

22  authority of the joint planning entity is modified by law.

23         (b)  In the case of chartered counties, the planning

24  responsibility between the county and the several

25  municipalities therein shall be as stipulated in the charter.

26         Section 6.  Section 163.3175, Florida Statutes, is

27  created to read:

28         163.3175  Local reviewing council.--

29         (1)  A local reviewing council shall be created in each

30  county.

31         (2)  Membership on the local reviewing council shall be

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  as follows:

 2         (a)  One representative appointed by the county, plus a

 3  number of additional representatives appointed by the county

 4  equal to the number of representatives appointed by the

 5  municipalities under paragraph (b).

 6         (b)  Representatives appointed by the municipalities in

 7  the county as follows:

 8         1.  In counties with 12 or fewer municipalities, a

 9  representative shall be appointed by each municipality.

10         2.  In counties with 13 or more municipalities, 12

11  representatives shall be appointed on an annual rotational

12  basis that assures adequate representation of all the

13  municipalities. The rotation schedule shall be established by

14  the county no later than September 1, 2000, and may be revised

15  as necessary to provide representation for newly created

16  municipalities.

17         (c)  A representative who is a resident of the county

18  appointed by the Governor, subject to confirmation by the

19  Senate.

20         (3)  Members of the council shall be appointed for

21  terms of 1 year, beginning on December 1 of each year.

22         (4)  Not less than a majority of the representatives

23  serving as voting members on the governing body of a council

24  shall be elected officials of local general-purpose

25  governments chosen by the municipalities and county. Nothing

26  contained in this section shall deny to local governing bodies

27  or the Governor the option of appointing either locally

28  elected officials or lay citizens provided at least a majority

29  of the governing body of the council is composed of locally

30  elected officials.

31         (5)  In addition to the voting member appointed

                                  5

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  pursuant to paragraph (2)(c), the Governor shall appoint the

 2  following ex officio nonvoting members to each council:

 3         (a)  A representative of the Department of

 4  Transportation.

 5         (b)  A representative of the Department of

 6  Environmental Protection.

 7         (c)  A representative nominated by Enterprise Florida,

 8  Inc., and the Office of Tourism, Trade, and Economic

 9  Development.

10         (d)  A representative of the appropriate water

11  management district or districts.

12

13  The Governor may also appoint ex officio nonvoting members

14  representing appropriate metropolitan planning organizations

15  and regional water supply authorities.

16         (6)  A local reviewing council shall have the following

17  powers:

18         (a)  To adopt rules of procedure for the regulation of

19  its affairs and the conduct of its business and to appoint

20  from among its members a chair to serve annually; however,

21  such chair may be subject to reelection.

22         (b)  To adopt an official name and seal.

23         (c)  To maintain an office at such place or places

24  within the county as it may designate.

25         (d)  To employ and to compensate such personnel,

26  consultants, and technical and professional assistants as it

27  deems necessary to exercise its powers and perform its duties.

28         (e)  To make and enter into all contracts and

29  agreements necessary or incidental to the performance of its

30  duties and the execution of its powers.

31         (f)  To hold public hearings and sponsor public forums

                                  6

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  whenever the council deems it necessary or useful in the

 2  execution of its other functions.

 3         (g)  To sue and be sued in its own name.

 4         (h)  To accept and receive, in furtherance of its

 5  functions, funds, grants, and services from the Federal

 6  Government or its agencies; from departments, agencies, and

 7  instrumentalities of state, municipal, or local government; or

 8  from private or civic sources. Each local reviewing council

 9  shall render an accounting of the receipt and disbursement of

10  all funds received by it, pursuant to the federal Older

11  Americans Act, to the Legislature no later than March 1 of

12  each year.

13         (i)  To receive and expend such sums of money as shall

14  be from time to time appropriated for its use by the county or

15  any municipality when approved by the council and to act as an

16  agency to receive and expend federal funds for planning.

17         (j)  To act in an advisory capacity to the constituent

18  local governments in county and municipal planning matters.

19         (k)  To cooperate, in the exercise of its planning

20  functions, with federal and state agencies in planning for

21  emergency management as defined by s. 252.34(4).

22         (l)  To fix and collect membership dues, rents, or fees

23  when appropriate.

24         (m)  To acquire, own, hold in custody, operate,

25  maintain, lease, or sell real or personal property.

26         (n)  To dispose of any property acquired through the

27  execution of an interlocal agreement under s. 163.01.

28         (o)  To accept gifts, grants, assistance, funds, or

29  bequests.

30         (p)  To conduct studies of the resources of the county.

31         (q)  To participate with other governmental agencies,

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  educational institutions, and private organizations in the

 2  coordination or conduct of its activities.

 3         (r)  To select and appoint such advisory bodies as the

 4  council may find appropriate for the conduct of its

 5  activities.

 6         (s)  To enter into contracts to provide, at cost, such

 7  services related to its responsibilities as may be requested

 8  by local governments within the county and which the council

 9  finds feasible to perform.

10         (t)  To provide technical assistance to local

11  governments on growth management matters.

12         (u)  To coordinate land development and transportation

13  policies in a manner that fosters regionwide transportation

14  systems.

15         (v)  To review plans of independent transportation

16  authorities and metropolitan planning organizations to

17  identify inconsistencies between those agencies' plans and

18  applicable local government plans.

19         (w)  To use personnel, consultants, or technical or

20  professional assistants of the council to help local

21  governments within the county conduct economic development

22  activities.

23         Section 7.  Paragraphs (a) and (g) of subsection (6),

24  subsection (9), and paragraphs (a), (e), and (l) of subsection

25  (10) of section 163.3177, Florida Statutes, are amended to

26  read:

27         163.3177  Required and optional elements of

28  comprehensive plan; studies and surveys.--

29         (6)  In addition to the requirements of subsections

30  (1)-(5), the comprehensive plan shall include the following

31  elements:

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (a)  A future land use plan element designating

 2  proposed future general distribution, location, and extent of

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

 4  industry, agriculture, recreation, conservation, education,

 5  public buildings and grounds, other public facilities, and

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

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

 8  the control and distribution of population densities and

 9  building and structure intensities.  The proposed

10  distribution, location, and extent of the various categories

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

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

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

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

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

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

17  including the amount of land required to accommodate

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

19  character of undeveloped land; the availability of public

20  services; the need for redevelopment, including the renewal of

21  blighted areas and the elimination of nonconforming uses which

22  are inconsistent with the character of the community; and, in

23  rural communities, the need for job creation, capital

24  investment, and economic development that will strengthen and

25  diversify the community's economy. The future land use plan

26  may designate areas for future planned development use

27  involving combinations of types of uses for which special

28  regulations may be necessary to ensure development in accord

29  with the principles and standards of the comprehensive plan

30  and this act. In addition, for rural communities, the amount

31  of land designated for future planned industrial use shall be

                                  9

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  based upon surveys and studies that reflect the need for job

 2  creation, capital investment, and the necessity to strengthen

 3  and diversify the local economies, and shall not be limited

 4  solely by the projected population of the rural community. The

 5  future land use plan of a county may also designate areas for

 6  possible future municipal incorporation. The land use maps or

 7  map series shall generally identify and depict historic

 8  district boundaries and shall designate historically

 9  significant properties meriting protection.  The future land

10  use element must clearly identify the land use categories in

11  which public schools are an allowable use.  When delineating

12  the land use categories in which public schools are an

13  allowable use, a local government shall include in the

14  categories sufficient land proximate to residential

15  development to meet the projected needs for schools in

16  coordination with public school boards and may establish

17  differing criteria for schools of different type or size.

18  Each local government shall include lands contiguous to

19  existing school sites, to the maximum extent possible, within

20  the land use categories in which public schools are an

21  allowable use. All comprehensive plans must comply with the

22  school siting requirements of this paragraph no later than

23  October 1, 1999. The failure by a local government to comply

24  with these school siting requirements by October 1, 1999, will

25  result in the prohibition of the local government's ability to

26  amend the local comprehensive plan, except for plan amendments

27  described in s. 163.3187(1)(b), until the school siting

28  requirements are met. An amendment proposed by a local

29  government for purposes of identifying the land use categories

30  in which public schools are an allowable use is exempt from

31  the limitation on the frequency of plan amendments contained

                                  10

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  in s. 163.3187. The future land use element shall include

 2  criteria which encourage the location of schools proximate to

 3  urban residential areas to the extent possible and shall

 4  require that the local government seek to collocate public

 5  facilities, such as parks, libraries, and community centers,

 6  with schools to the extent possible.

 7         (g)  For those units of local government identified in

 8  s. 380.24, a coastal management element, appropriately related

 9  to the particular requirements of paragraphs (d) and (e) and

10  meeting the requirements of s. 163.3178(2) and (3).  The

11  coastal management element shall set forth the policies that

12  shall guide the local government's decisions and program

13  implementation with respect to the following objectives:

14         1.  Maintenance, restoration, and enhancement of the

15  overall quality of the coastal zone environment, including,

16  but not limited to, its amenities and aesthetic values.

17         2.  Continued existence of viable populations of all

18  species of wildlife and marine life.

19         3.  The orderly and balanced utilization and

20  preservation, consistent with sound conservation principles,

21  of all living and nonliving coastal zone resources.

22         4.  Avoidance of irreversible and irretrievable loss of

23  coastal zone resources.

24         5.  Ecological planning principles and assumptions to

25  be used in the determination of suitability and extent of

26  permitted development.

27         6.  Proposed management and regulatory techniques.

28         7.  Limitation of public expenditures that subsidize

29  development in high-hazard coastal areas.

30         8.  Protection of human life against the effects of

31  natural disasters.

                                  11

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         9.  The orderly development, maintenance, and use of

 2  ports identified in s. 403.021(9) to facilitate deepwater

 3  commercial navigation and other related activities.

 4         10.  Preservation, including sensitive adaptive use of

 5  historic and archaeological resources.

 6         (9)  The state land planning agency shall, by February

 7  15, 1986, adopt by rule minimum criteria for the review and

 8  determination of compliance of the local government

 9  comprehensive plan elements required by this act. Such rules

10  shall not be subject to rule challenges under s. 120.56(2) or

11  to drawout proceedings under s. 120.54(3)(c)2.  Such rules

12  shall become effective only after they have been submitted to

13  the President of the Senate and the Speaker of the House of

14  Representatives for review by the Legislature no later than 30

15  days prior to the next regular session of the Legislature.  In

16  its review the Legislature may reject, modify, or take no

17  action relative to the rules.  The agency shall conform the

18  rules to the changes made by the Legislature, or, if no action

19  was taken, the agency rules shall become effective.  The rule

20  shall include criteria for determining whether:

21         (a)  Proposed elements are in compliance with the

22  requirements of part II, as amended by this act.

23         (b)  Other elements of the comprehensive plan are

24  related to and consistent with each other.

25         (c)  The local government comprehensive plan elements

26  are consistent with the state comprehensive plan and the

27  appropriate regional policy plan pursuant to s. 186.508.

28         (d)  Certain bays, estuaries, and harbors that fall

29  under the jurisdiction of more than one local government are

30  managed in a consistent and coordinated manner in the case of

31  local governments required to include a coastal management

                                  12

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  element in their comprehensive plans pursuant to paragraph

 2  (6)(g).

 3         (e)  Proposed elements identify the mechanisms and

 4  procedures for monitoring, evaluating, and appraising

 5  implementation of the plan.  Specific measurable objectives

 6  are included to provide a basis for evaluating effectiveness

 7  as required by s. 163.3191.

 8         (f)  Proposed elements contain policies to guide future

 9  decisions in a consistent manner.

10         (g)  Proposed elements contain programs and activities

11  to ensure that comprehensive plans are implemented.

12         (h)  Proposed elements identify the need for and the

13  processes and procedures to ensure coordination of all

14  development activities and services with other units of local

15  government, regional planning agencies, water management

16  districts, and state and federal agencies as appropriate.

17

18  The state land planning agency may adopt procedural rules that

19  are consistent with this section and chapter 120 for the

20  review of local government comprehensive plan elements

21  required under this section. The state land planning agency

22  shall provide model plans and ordinances and, upon request,

23  other technical assistance to local governments in the

24  adoption and implementation of their revised local government

25  comprehensive plans. The review and comment provisions

26  applicable prior to October 1, 1985, shall continue in effect

27  until the criteria for review and determination are adopted

28  pursuant to this subsection and the comprehensive plans

29  required by s. 163.3167(2) are due.

30         (10)  The Legislature recognizes the importance and

31  significance of chapter 9J-5, Florida Administrative Code, the

                                  13

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  Minimum Criteria for Review of Local Government Comprehensive

 2  Plans and Determination of Compliance of the Department of

 3  Community Affairs that will be used to determine compliance of

 4  local comprehensive plans.  The Legislature reserved unto

 5  itself the right to review chapter 9J-5, Florida

 6  Administrative Code, and to reject, modify, or take no action

 7  relative to this rule. Therefore, pursuant to subsection (9),

 8  the Legislature hereby has reviewed chapter 9J-5, Florida

 9  Administrative Code, and expresses the following legislative

10  intent:

11         (a)  The Legislature finds that in order for the

12  reviewing land planning agency department to review local

13  comprehensive plans, it is necessary to define the term

14  "consistency."  Therefore, for the purpose of determining

15  whether local comprehensive plans are consistent with the

16  state comprehensive plan and the appropriate regional policy

17  plan, a local plan shall be consistent with such plans if the

18  local plan is "compatible with" and "furthers" such plans.

19  The term "compatible with" means that the local plan is not in

20  conflict with the state comprehensive plan or appropriate

21  regional policy plan.  The term "furthers" means to take

22  action in the direction of realizing goals or policies of the

23  state or regional plan.  For the purposes of determining

24  consistency of the local plan with the state comprehensive

25  plan or the appropriate regional policy plan, the state or

26  regional plan shall be construed as a whole and no specific

27  goal and policy shall be construed or applied in isolation

28  from the other goals and policies in the plans.

29         (e)  It is the Legislature's intent that support data

30  or summaries thereof shall not be subject to the compliance

31  review process, but the Legislature intends that goals and

                                  14

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  policies be clearly based on appropriate data.  The reviewing

 2  land planning agency department may utilize support data or

 3  summaries thereof to aid in its determination of compliance

 4  and consistency.  The Legislature intends that the reviewing

 5  land planning agency department may evaluate the application

 6  of a methodology utilized in data collection or whether a

 7  particular methodology is professionally accepted. However,

 8  the reviewing land planning agency department shall not

 9  evaluate whether one accepted methodology is better than

10  another. Chapter 9J-5, Florida Administrative Code, shall not

11  be construed to require original data collection by local

12  governments; however, local governments are not to be

13  discouraged from utilizing original data so long as

14  methodologies are professionally accepted.

15         (l)  The reviewing state land planning agency shall

16  consider land use compatibility issues in the vicinity of all

17  airports in coordination with the Department of

18  Transportation.

19         Section 8.  Subsection (3) of section 163.3178, Florida

20  Statutes, is repealed, and subsection (5) of said section is

21  amended to read:

22         163.3178  Coastal management.--

23         (5)  The appropriate dispute resolution process

24  provided under s. 186.509 must be used to reconcile

25  inconsistencies between port master plans and local

26  comprehensive plans.  In recognition of the state's commitment

27  to deepwater ports, the state comprehensive plan must include

28  goals, objectives, and policies that establish a statewide

29  strategy for enhancement of existing deepwater ports, ensuring

30  that priority is given to water-dependent land uses. As an

31  incentive for promoting plan consistency, port facilities as

                                  15

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  defined in s. 315.02(6) on lands owned or controlled by a

 2  deepwater port as defined in s. 311.09(1), as of the effective

 3  date of this act shall not be subject to

 4  development-of-regional-impact review provided the port either

 5  successfully completes an alternative comprehensive

 6  development agreement with a local government pursuant to ss.

 7  163.3220-163.3243 or successfully enters into a development

 8  agreement with the state land planning agency and applicable

 9  local government pursuant to s. 380.032 or, where the port is

10  a department of a local government, successfully enters into a

11  development agreement with the state land planning agency

12  pursuant to s. 380.032.  Port facilities as defined in s.

13  315.02(6) on lands not owned or controlled by a deepwater port

14  as defined in s. 311.09(1) as of the effective date of this

15  act shall not be subject to development-of-regional-impact

16  review provided the port successfully enters into a

17  development agreement with the state land planning agency and

18  applicable local government pursuant to s. 380.032 or, where

19  the port is a department of a local government, successfully

20  enters into a development agreement with the state land

21  planning agency pursuant to s. 380.032.

22         Section 9.  Subsection (12) of section 163.3180,

23  Florida Statutes, is repealed, and subsection (13) of said

24  section is amended to read:

25         163.3180  Concurrency.--

26         (13)  School concurrency, if imposed by local option,

27  shall be established on a districtwide basis by July 1, 2001,

28  and shall include all public schools in the district and all

29  portions of the district, whether located in a municipality or

30  an unincorporated area. If school concurrency is not

31  established by that date, there shall be a building moratorium

                                  16

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  within that district until comprehensive plan amendments

 2  applying school concurrency are adopted. The application of

 3  school concurrency to development shall be based upon the

 4  adopted comprehensive plan, as amended. All local governments

 5  within a county, except as provided in paragraph (f), shall

 6  adopt and transmit to the reviewing state land planning agency

 7  the necessary plan amendments, along with the interlocal

 8  agreement, for a compliance review pursuant to s. 163.3184(7)

 9  and (8). School concurrency shall not become effective in a

10  county until all local governments, except as provided in

11  paragraph (f), have adopted the necessary plan amendments,

12  which together with the interlocal agreement, are determined

13  to be in compliance with the requirements of this part.  The

14  minimum requirements for school concurrency are the following:

15         (a)  Public school facilities element.--A local

16  government shall adopt and transmit to the reviewing state

17  land planning agency a plan or plan amendment which includes a

18  public school facilities element which is consistent with the

19  requirements of s. 163.3177(12) and which is determined to be

20  in compliance as defined in s. 163.3184(1)(b).  All local

21  government public school facilities plan elements within a

22  county must be consistent with each other as well as the

23  requirements of this part.

24         (b)  Level-of-service standards.--The Legislature

25  recognizes that an essential requirement for a concurrency

26  management system is the level of service at which a public

27  facility is expected to operate.

28         1.  Local governments and school boards imposing school

29  concurrency shall exercise authority in conjunction with each

30  other to establish jointly adequate level-of-service

31  standards, as defined in chapter 9J-5, Florida Administrative

                                  17

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  Code, necessary to implement the adopted local government

 2  comprehensive plan, based on data and analysis.

 3         2.  Public school level-of-service standards shall be

 4  included and adopted into the capital improvements element of

 5  the local comprehensive plan and shall apply districtwide to

 6  all schools of the same type. Types of schools may include

 7  elementary, middle, and high schools as well as special

 8  purpose facilities such as magnet schools.

 9         3.  Local governments and school boards shall have the

10  option to utilize tiered level-of-service standards to allow

11  time to achieve an adequate and desirable level of service as

12  circumstances warrant.

13         (c)  Service areas.--The Legislature recognizes that an

14  essential requirement for a concurrency system is a

15  designation of the area within which the level of service will

16  be measured when an application for a residential development

17  permit is reviewed for school concurrency purposes. This

18  delineation is also important for purposes of determining

19  whether the local government has a financially feasible public

20  school capital facilities program that will provide schools

21  which will achieve and maintain the adopted level-of-service

22  standards.

23         1.  In order to balance competing interests, preserve

24  the constitutional concept of uniformity, and avoid disruption

25  of existing educational and growth management processes, local

26  governments are encouraged to apply school concurrency to

27  development on a districtwide basis so that a concurrency

28  determination for a specific development will be based upon

29  the availability of school capacity districtwide.

30         2.  For local governments applying school concurrency

31  on a less than districtwide basis, such as utilizing school

                                  18

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  attendance zones or larger school concurrency service areas,

 2  local governments and school boards shall have the burden to

 3  demonstrate that the utilization of school capacity is

 4  maximized to the greatest extent possible in the comprehensive

 5  plan and amendment, taking into account transportation costs

 6  and court-approved desegregation plans, as well as other

 7  factors. In addition, in order to achieve concurrency within

 8  the service area boundaries selected by local governments and

 9  school boards, the service area boundaries, together with the

10  standards for establishing those boundaries, shall be

11  identified, included, and adopted as part of the comprehensive

12  plan.  Any subsequent change to the service area boundaries

13  for purposes of a school concurrency system shall be by plan

14  amendment and shall be exempt from the limitation on the

15  frequency of plan amendments in s. 163.3187(1).

16         3.  Where school capacity is available on a

17  districtwide basis but school concurrency is applied on a less

18  than districtwide basis in the form of concurrency service

19  areas, if the adopted level-of-service standard cannot be met

20  in a particular service area as applied to an application for

21  a development permit and if the needed capacity for the

22  particular service area is available in one or more contiguous

23  service areas, as adopted by the local government, then the

24  development order shall be issued and mitigation measures

25  shall not be exacted.

26         (d)  Financial feasibility.--The Legislature recognizes

27  that financial feasibility is an important issue because the

28  premise of concurrency is that the public facilities will be

29  provided in order to achieve and maintain the adopted

30  level-of-service standard. This part and chapter 9J-5, Florida

31  Administrative Code, contain specific standards to determine

                                  19

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  the financial feasibility of capital programs. These standards

 2  were adopted to make concurrency more predictable and local

 3  governments more accountable.

 4         1.  A comprehensive plan amendment seeking to impose

 5  school concurrency shall contain appropriate amendments to the

 6  capital improvements element of the comprehensive plan,

 7  consistent with the requirements of s. 163.3177(3) and rule

 8  9J-5.016, Florida Administrative Code. The capital

 9  improvements element shall set forth a financially feasible

10  public school capital facilities program, established in

11  conjunction with the school board, that demonstrates that the

12  adopted level-of-service standards will be achieved and

13  maintained.

14         2.  Such amendments shall demonstrate that the public

15  school capital facilities program meets all of the financial

16  feasibility standards of this part and chapter 9J-5, Florida

17  Administrative Code, that apply to capital programs which

18  provide the basis for mandatory concurrency on other public

19  facilities and services.

20         3.  When the financial feasibility of a public school

21  capital facilities program is evaluated by the reviewing state

22  land planning agency for purposes of a compliance

23  determination, the evaluation shall be based upon the service

24  areas selected by the local governments and school board.

25         (e)  Availability standard.--Consistent with the public

26  welfare, a local government may not deny a development permit

27  authorizing residential development for failure to achieve and

28  maintain the level-of-service standard for public school

29  capacity in a local option school concurrency system where

30  adequate school facilities will be in place or under actual

31  construction within 3 years after permit issuance.

                                  20

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (f)  Intergovernmental coordination.--

 2         1.  When establishing concurrency requirements for

 3  public schools, a local government shall satisfy the

 4  requirements for intergovernmental coordination set forth in

 5  s. 163.3177(6)(h)1. and 2., except that a municipality is not

 6  required to be a signatory to the interlocal agreement

 7  required by s. 163.3177(6)(h)2. as a prerequisite for

 8  imposition of school concurrency, and as a nonsignatory, shall

 9  not participate in the adopted local school concurrency

10  system, if the municipality meets all of the following

11  criteria for having no significant impact on school

12  attendance:

13         a.  The municipality has issued development orders for

14  fewer than 50 residential dwelling units during the preceding

15  5 years, or the municipality has generated fewer than 25

16  additional public school students during the preceding 5

17  years.

18         b.  The municipality has not annexed new land during

19  the preceding 5 years in land use categories which permit

20  residential uses that will affect school attendance rates.

21         c.  The municipality has no public schools located

22  within its boundaries.

23         d.  At least 80 percent of the developable land within

24  the boundaries of the municipality has been built upon.

25         2.  A municipality which qualifies as having no

26  significant impact on school attendance pursuant to the

27  criteria of subparagraph 1. must review and determine at the

28  time of its evaluation and appraisal report pursuant to s.

29  163.3191 whether it continues to meet the criteria.  If the

30  municipality determines that it no longer meets the criteria,

31  it must adopt appropriate school concurrency goals,

                                  21

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  objectives, and policies in its plan amendments based on the

 2  evaluation and appraisal report, and enter into the existing

 3  interlocal agreement required by s. 163.3177(6)(h)2., in order

 4  to fully participate in the school concurrency system.  If

 5  such a municipality fails to do so, it will be subject to the

 6  enforcement provisions of s. 163.3191.

 7         (g)  Interlocal agreement for school concurrency.--When

 8  establishing concurrency requirements for public schools, a

 9  local government must enter into an interlocal agreement which

10  satisfies the requirements in s. 163.3177(6)(h)1. and 2. and

11  the requirements of this subsection.  The interlocal agreement

12  shall acknowledge both the school board's constitutional and

13  statutory obligations to provide a uniform system of free

14  public schools on a countywide basis, and the land use

15  authority of local governments, including their authority to

16  approve or deny comprehensive plan amendments and development

17  orders.  The interlocal agreement shall be submitted to the

18  reviewing state land planning agency by the local government

19  as a part of the compliance review, along with the other

20  necessary amendments to the comprehensive plan required by

21  this part.  In addition to the requirements of s.

22  163.3177(6)(h), the interlocal agreement shall meet the

23  following requirements:

24         1.  Establish the mechanisms for coordinating the

25  development, adoption, and amendment of each local

26  government's public school facilities element with each other

27  and the plans of the school board to ensure a uniform

28  districtwide school concurrency system.

29         2.  Establish a process by which each local government

30  and the school board shall agree and base their plans on

31  consistent projections of the amount, type, and distribution

                                  22

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  of population growth and coordinate and share information

 2  relating to existing and planned public school facilities

 3  projections and proposals for development and redevelopment,

 4  and infrastructure required to support public school

 5  facilities.

 6         3.  Establish a process for the development of siting

 7  criteria which encourages the location of public schools

 8  proximate to urban residential areas to the extent possible

 9  and seeks to collocate schools with other public facilities

10  such as parks, libraries, and community centers to the extent

11  possible.

12         4.  Specify uniform, districtwide level-of-service

13  standards for public schools of the same type and the process

14  for modifying the adopted levels-of-service standards.

15         5.  Establish a process for the preparation, amendment,

16  and joint approval by each local government and the school

17  board of a public school capital facilities program which is

18  financially feasible, and a process and schedule for

19  incorporation of the public school capital facilities program

20  into the local government comprehensive plans on an annual

21  basis.

22         6.  Define the geographic application of school

23  concurrency.  If school concurrency is to be applied on a less

24  than districtwide basis in the form of concurrency service

25  areas, the agreement shall establish criteria and standards

26  for the establishment and modification of school concurrency

27  service areas.  The agreement shall also establish a process

28  and schedule for the mandatory incorporation of the school

29  concurrency service areas and the criteria and standards for

30  establishment of the service areas into the local government

31  comprehensive plans.  The agreement shall ensure maximum

                                  23

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  utilization of school capacity, taking into account

 2  transportation costs and court-approved desegregation plans,

 3  as well as other factors.  The agreement shall also ensure the

 4  achievement and maintenance of the adopted level-of-service

 5  standards for the geographic area of application throughout

 6  the 5 years covered by the public school capital facilities

 7  plan and thereafter by adding a new fifth year during the

 8  annual update.

 9         7.  Establish a uniform districtwide procedure for

10  implementing school concurrency which provides for:

11         a.  The evaluation of development applications for

12  compliance with school concurrency requirements;

13         b.  An opportunity for the school board to review and

14  comment on the effect of comprehensive plan amendments and

15  rezonings on the public school facilities plan; and

16         c.  The monitoring and evaluation of the school

17  concurrency system.

18         8.  Include provisions relating to termination,

19  suspension, and amendment of the agreement.  The agreement

20  shall provide that if the agreement is terminated or

21  suspended, the application of school concurrency shall be

22  terminated or suspended.

23         Section 10.  Paragraph (c) of subsection (3) of section

24  163.3181, Florida Statutes, is amended to read:

25         163.3181  Public participation in the comprehensive

26  planning process; intent; alternative dispute resolution.--

27         (3)  A local government considering undertaking a

28  publicly financed capital improvement project may elect to use

29  the procedures set forth in this subsection for the purpose of

30  allowing public participation in the decision and resolution

31  of disputes. For purposes of this subsection, a publicly

                                  24

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  financed capital improvement project is a physical structure

 2  or structures, the funding for construction, operation, and

 3  maintenance of which is financed entirely from public funds.

 4         (c)  If an affected person requests an administrative

 5  hearing pursuant to ss. 120.569 and 120.57, that person shall

 6  file the petition no later than 30 days after the public

 7  hearing or no later than 30 days after the change or new

 8  information is made available to the public, whichever is

 9  later. Affected local governments, the reviewing state land

10  planning agency, or other affected persons may intervene.

11  Following the initiation of an administrative hearing, the

12  administrative law judge shall, by order issued within 15 days

13  after receipt of the petition, establish a schedule for the

14  proceedings, including discovery, which provides for a final

15  hearing within 60 days of the issuance of the order.  Proposed

16  recommended orders must be submitted to the administrative law

17  judge, if at all, within 10 days of the filing of the hearing

18  transcript.  Recommended orders shall be submitted to the

19  reviewing state land planning agency within 30 days of the

20  last day for the filing of the proposed recommended order.

21  The reviewing state land planning agency shall issue its final

22  order within 45 days of receipt of the recommended order.

23         Section 11.  Section 163.3184, Florida Statutes, is

24  amended to read:

25         163.3184  Process for adoption of comprehensive plan or

26  plan amendment.--

27         (1)  DEFINITIONS.--As used in this section:

28         (a)  "Affected person" includes the affected local

29  government; persons owning property, residing, or owning or

30  operating a business within the boundaries of the local

31  government whose plan is the subject of the review; and

                                  25

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  adjoining local governments that can demonstrate that the plan

 2  or plan amendment will produce substantial impacts on the

 3  increased need for publicly funded infrastructure or

 4  substantial impacts on areas designated for protection or

 5  special treatment within their jurisdiction. Each person,

 6  other than an adjoining local government, in order to qualify

 7  under this definition, shall also have submitted oral or

 8  written comments, recommendations, or objections to the local

 9  government during the period of time beginning with the

10  transmittal hearing for the plan or plan amendment and ending

11  with the adoption of the plan or plan amendment.

12         (b)  "In compliance" means consistent with the

13  requirements of ss. 163.3177, 163.3178, 163.3180, 163.3191,

14  and 163.3245, with the state comprehensive plan, with the

15  appropriate strategic regional policy plan, and with chapter

16  9J-5, Florida Administrative Code, where such rule is not

17  inconsistent with this part and with the principles for

18  guiding development in designated areas of critical state

19  concern.

20         (2)  COORDINATION.--Each comprehensive plan proposed to

21  be adopted pursuant to this part shall be transmitted,

22  adopted, and reviewed in the manner prescribed in this

23  section. The state land planning agency shall have

24  responsibility for plan review, coordination, and the

25  preparation and transmission of comments, pursuant to this

26  section, to the local governing body responsible for the

27  comprehensive plan. Each comprehensive plan or plan amendment

28  proposed to be adopted pursuant to this part shall be

29  transmitted, adopted, and reviewed in the manner prescribed in

30  this section. No later than December 1 of each even-numbered

31  year, each county and municipality must submit to the state

                                  26

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  land planning agency and the local reviewing council a Notice

 2  of Election of Review, by certified mail, return receipt

 3  requested, indicating whether the state land planning agency

 4  or the local reviewing council The state land planning agency

 5  shall have responsibility as reviewing agency for plan

 6  amendment review, coordination, and the preparation and

 7  transmission of comments, pursuant to this section, to the

 8  local governing body responsible for the comprehensive plan

 9  beginning January 1 of the next odd-numbered year for the

10  following 2 years. Failure to notify the state land planning

11  agency and the local reviewing council by the required

12  deadline will result in a default selection of the state land

13  planning agency as the review agency of plan amendments for

14  the 2-year period. The reviewing state land planning agency

15  shall maintain a single file concerning any proposed or

16  adopted plan amendment submitted by a local government for any

17  review under this section. Copies of all correspondence,

18  papers, notes, memoranda, and other documents received or

19  generated by the reviewing state land planning agency must be

20  placed in the appropriate file. Paper copies of all electronic

21  mail correspondence must be placed in the file. The file and

22  its contents must be available for public inspection and

23  copying as provided in chapter 119.

24         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

25  AMENDMENT.--

26         (a)  Each local governing body shall transmit the

27  complete proposed comprehensive plan or plan amendment to the

28  reviewing state land planning agency, the appropriate regional

29  planning council and water management district, the Department

30  of Environmental Protection, the Department of Health, and the

31  Department of Transportation immediately following a public

                                  27

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  hearing pursuant to subsection (15) as specified in this act

 2  the state land planning agency's procedural rules. The local

 3  governing body shall also transmit a copy of the complete

 4  proposed comprehensive plan or plan amendment to any other

 5  unit of local government or government agency in the state

 6  that has filed a written request with the governing body for

 7  the plan or plan amendment.

 8         (b)  A local governing body shall not transmit portions

 9  of a plan or plan amendment unless it has previously provided

10  to all state agencies designated by the reviewing state land

11  planning agency a complete copy of its adopted comprehensive

12  plan pursuant to subsection (7) and as specified in the

13  agency's procedural rules. In the case of comprehensive plan

14  amendments, the local governing body shall transmit to the

15  reviewing state land planning agency, the appropriate regional

16  planning council and water management district, the Department

17  of Environmental Protection, the Department of Health, and the

18  Department of Transportation the materials specified in the

19  state land planning agency's procedural rules and, in cases in

20  which the plan amendment is a result of an evaluation and

21  appraisal report adopted pursuant to s. 163.3191, a copy of

22  the evaluation and appraisal report. Local governing bodies

23  shall consolidate all proposed plan amendments into a single

24  submission for each of the two plan amendment adoption dates

25  during the calendar year pursuant to s. 163.3187.

26         (c)  A local government may adopt a proposed plan

27  amendment previously transmitted pursuant to this subsection,

28  unless review is requested or otherwise initiated pursuant to

29  subsection (6).

30         (d)  In cases in which a local government transmits

31  multiple individual amendments that can be clearly and legally

                                  28

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  separated and distinguished for the purpose of determining

 2  whether to review the proposed amendment, and the reviewing

 3  state land planning agency elects to review several or a

 4  portion of the amendments and the local government chooses to

 5  immediately adopt the remaining amendments not reviewed, the

 6  amendments immediately adopted and any reviewed amendments

 7  that the local government subsequently adopts together

 8  constitute one amendment cycle in accordance with s.

 9  163.3187(1).

10         (4)  INTERGOVERNMENTAL REVIEW.--If review of a proposed

11  comprehensive plan amendment is requested or otherwise

12  initiated pursuant to subsection (6), the reviewing state land

13  planning agency within 5 working days of determining that such

14  a review will be conducted shall transmit a copy of the

15  proposed plan amendment to various government agencies, as

16  appropriate, for response or comment, including, but not

17  limited to, the Department of Environmental Protection, the

18  Department of Transportation, the Department of Health, the

19  water management district, and the regional planning council,

20  and, in the case of municipal plans, to the county land

21  planning agency.  These governmental agencies shall provide

22  comments to the reviewing state land planning agency within 30

23  days after receipt of the proposed plan amendment. The

24  appropriate regional planning council shall also provide its

25  written comments to the reviewing state land planning agency

26  within 30 days after receipt of the proposed plan amendment

27  and shall specify any objections, recommendations for

28  modifications, and comments of any other regional agencies to

29  which the regional planning council may have referred the

30  proposed plan amendment. Written comments submitted by the

31  public within 30 days after notice of transmittal by the local

                                  29

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  government of the proposed plan amendment will be considered

 2  as if submitted by governmental agencies. All written agency

 3  and public comments must be made part of the file maintained

 4  under subsection (2).

 5         (5)  REGIONAL, COUNTY, AND MUNICIPAL REVIEW.--The

 6  review of the regional planning council pursuant to subsection

 7  (4) shall be limited to effects on regional resources or

 8  facilities identified in the strategic regional policy plan

 9  and extra jurisdictional impacts which would be inconsistent

10  with the comprehensive plan of the affected local government.

11  However, any inconsistency between a local plan or plan

12  amendment and a strategic regional policy plan must not be the

13  sole basis for a notice of intent to find a local plan or plan

14  amendment not in compliance with this act. A regional planning

15  council shall not review and comment on a proposed

16  comprehensive plan it prepared itself unless the plan has been

17  changed by the local government subsequent to the preparation

18  of the plan by the regional planning agency. The review of the

19  county land planning agency pursuant to subsection (4) shall

20  be primarily in the context of the relationship and effect of

21  the proposed plan amendment on any county comprehensive plan

22  element. Any review by municipalities will be primarily in the

23  context of the relationship and effect on the municipal plan.

24         (6)  REVIEWING STATE LAND PLANNING AGENCY REVIEW.--

25         (a)  The reviewing state land planning agency shall

26  review a proposed plan amendment upon request of a regional

27  planning council, affected person, or local government

28  transmitting the plan amendment if the request is received

29  within 30 days after transmittal of the proposed plan

30  amendment pursuant to subsection (3). The agency shall issue a

31  report of its objections, recommendations, and comments

                                  30

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  regarding the proposed plan amendment.  A regional planning

 2  council or affected person requesting a review shall do so by

 3  submitting a written request to the agency with a notice of

 4  the request to the local government and any other person who

 5  has requested notice.

 6         (b)  The reviewing state land planning agency may

 7  review any proposed plan amendment regardless of whether a

 8  request for review has been made, if the agency gives notice

 9  to the local government, and any other person who has

10  requested notice, of its intention to conduct such a review

11  within 30 days of transmittal of the proposed plan amendment

12  pursuant to subsection (3).

13         (c)  The reviewing state land planning agency shall

14  follow the established establish by rule a schedule for

15  receipt of comments from the various government agencies, as

16  well as written public comments, pursuant to subsection (4).

17  The reviewing state land planning agency shall have 30 days to

18  review comments from the various government agencies along

19  with a local government's comprehensive plan or plan

20  amendment. During that period, the reviewing state land

21  planning agency shall transmit in writing its comments to the

22  local government along with any objections and any

23  recommendations for modifications.  When a federal, state, or

24  regional agency has implemented a permitting program, the

25  reviewing state land planning agency shall not require a local

26  government to duplicate or exceed that permitting program in

27  its comprehensive plan or to implement such a permitting

28  program in its land development regulations.  Nothing

29  contained herein shall prohibit the reviewing state land

30  planning agency in conducting its review of local plans or

31  plan amendments from making objections, recommendations, and

                                  31

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  comments or making compliance determinations regarding

 2  densities and intensities consistent with the provisions of

 3  this part. In preparing its comments, the reviewing state land

 4  planning agency shall only base its considerations on written,

 5  and not oral, comments, from any source.

 6         (d)  The reviewing state land planning agency review

 7  shall identify all written communications with the agency

 8  regarding the proposed plan amendment. If the reviewing state

 9  land planning agency does not issue such a review, it shall

10  identify in writing to the local government all written

11  communications received 30 days after transmittal. The written

12  identification must include a list of all documents received

13  or generated by the agency, which list must be of sufficient

14  specificity to enable the documents to be identified and

15  copies requested, if desired, and the name of the person to be

16  contacted to request copies of any identified document. The

17  list of documents must be made a part of the public records of

18  the reviewing state land planning agency.

19         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF

20  PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government

21  shall review the written comments submitted to it by the

22  reviewing state land planning agency, and any other person,

23  agency, or government.  Any comments, recommendations, or

24  objections and any reply to them shall be public documents, a

25  part of the permanent record in the matter, and admissible in

26  any proceeding in which the comprehensive plan or plan

27  amendment may be at issue.  The local government, upon receipt

28  of written comments from the reviewing state land planning

29  agency, shall have 120 days to adopt or adopt with changes the

30  proposed comprehensive plan or s. 163.3191 plan amendments.

31  In the case of comprehensive plan amendments other than those

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  proposed pursuant to s. 163.3191, the local government shall

 2  have 60 days to adopt the amendment, adopt the amendment with

 3  changes, or determine that it will not adopt the amendment.

 4  The adoption of the proposed plan or plan amendment or the

 5  determination not to adopt a plan amendment, other than a plan

 6  amendment proposed pursuant to s. 163.3191, shall be made in

 7  the course of a public hearing pursuant to subsection (15).

 8  The local government shall transmit the adopted comprehensive

 9  plan or adopted plan amendment to the reviewing state land

10  planning agency as specified in the agency's procedural rules

11  within 10 working days after adoption.  The local governing

12  body shall also transmit a copy of the adopted comprehensive

13  plan or plan amendment to the regional planning agency and to

14  any other unit of local government or governmental agency in

15  the state that has filed a written request with the governing

16  body for a copy of the plan or plan amendment.

17         (8)  NOTICE OF INTENT.--

18         (a)  Except as provided in s. 163.3187(3), the

19  reviewing state land planning agency, upon receipt of a local

20  government's adopted comprehensive plan or plan amendment,

21  shall have 45 days for review and to determine if the plan or

22  plan amendment is in compliance with this act, unless the

23  amendment is the result of a compliance agreement entered into

24  under subsection (16), in which case the time period for

25  review and determination shall be 30 days.  If review was not

26  conducted under subsection (6), the agency's determination

27  must be based upon the plan amendment as adopted.  If review

28  was conducted under subsection (6), the agency's determination

29  of compliance must be based only upon one or both of the

30  following:

31         1.  The reviewing state land planning agency's written

                                  33

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  comments to the local government pursuant to subsection (6);

 2  or

 3         2.  Any changes made by the local government to the

 4  comprehensive plan or plan amendment as adopted.

 5         (b)  During the time period provided for in this

 6  subsection, the reviewing state land planning agency shall

 7  issue, through a senior administrator or the secretary, as

 8  specified in the agency's procedural rules, a notice of intent

 9  to find that the plan or plan amendment is in compliance or

10  not in compliance. A notice of intent shall be issued by

11  publication in the manner provided by this paragraph and by

12  mailing a copy to the local government and to persons who

13  request notice.  The required advertisement shall be no less

14  than 2 columns wide by 10 inches long, and the headline in the

15  advertisement shall be in a type no smaller than 12 point. The

16  advertisement shall not be placed in that portion of the

17  newspaper where legal notices and classified advertisements

18  appear.  The advertisement shall be published in a newspaper

19  which meets the size and circulation requirements set forth in

20  paragraph (15)(c) and which has been designated in writing by

21  the affected local government at the time of transmittal of

22  the amendment. Publication by the reviewing state land

23  planning agency of a notice of intent in the newspaper

24  designated by the local government shall be prima facie

25  evidence of compliance with the publication requirements of

26  this section.

27         (9)  PROCESS IF LOCAL PLAN OR AMENDMENT IS IN

28  COMPLIANCE.--

29         (a)  If the reviewing state land planning agency issues

30  a notice of intent to find that the comprehensive plan or plan

31  amendment transmitted pursuant to s. 163.3167, s. 163.3187, s.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  163.3189, or s. 163.3191 is in compliance with this act, any

 2  affected person may file a petition with the agency pursuant

 3  to ss. 120.569 and 120.57 within 21 days after the publication

 4  of notice.  In this proceeding, the local plan or plan

 5  amendment shall be determined to be in compliance if the local

 6  government's determination of compliance is fairly debatable.

 7         (b)  The hearing shall be conducted by an

 8  administrative law judge of the Division of Administrative

 9  Hearings of the Department of Management Services, who shall

10  hold the hearing in the county of and convenient to the

11  affected local jurisdiction and submit a recommended order to

12  the reviewing state land planning agency.  The reviewing state

13  land planning agency shall allow for the filing of exceptions

14  to the recommended order and shall issue a final order after

15  receipt of the recommended order if the reviewing state land

16  planning agency determines that the plan or plan amendment is

17  in compliance. If the reviewing state land planning agency

18  determines that the plan or plan amendment is not in

19  compliance, the agency shall submit the recommended order to

20  the Administration Commission for final agency action.

21         (10)  PROCESS IF LOCAL PLAN OR AMENDMENT IS NOT IN

22  COMPLIANCE.--

23         (a)  If the reviewing state land planning agency issues

24  a notice of intent to find the comprehensive plan or plan

25  amendment not in compliance with this act, the notice of

26  intent shall be forwarded to the Division of Administrative

27  Hearings of the Department of Management Services, which shall

28  conduct a proceeding under ss. 120.569 and 120.57 in the

29  county of and convenient to the affected local jurisdiction.

30  The parties to the proceeding shall be the reviewing state

31  land planning agency, the affected local government, and any

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  affected person who intervenes.  No new issue may be alleged

 2  as a reason to find a plan or plan amendment not in compliance

 3  in an administrative pleading filed more than 21 days after

 4  publication of notice unless the party seeking that issue

 5  establishes good cause for not alleging the issue within that

 6  time period. Good cause shall not include excusable neglect.

 7  In the proceeding, the local government's determination that

 8  the comprehensive plan or plan amendment is in compliance is

 9  presumed to be correct.  The local government's determination

10  shall be sustained unless it is shown by a preponderance of

11  the evidence that the comprehensive plan or plan amendment is

12  not in compliance. The local government's determination that

13  elements of its plans are related to and consistent with each

14  other shall be sustained if the determination is fairly

15  debatable.

16         (b)  The administrative law judge assigned by the

17  division shall submit a recommended order to the

18  Administration Commission for final agency action.

19         (c)  Prior to the hearing, the reviewing state land

20  planning agency shall afford an opportunity to mediate or

21  otherwise resolve the dispute.  If a party to the proceeding

22  requests mediation or other alternative dispute resolution,

23  the hearing may not be held until the reviewing state land

24  planning agency advises the administrative law judge in

25  writing of the results of the mediation or other alternative

26  dispute resolution. However, the hearing may not be delayed

27  for longer than 90 days for mediation or other alternative

28  dispute resolution unless a longer delay is agreed to by the

29  parties to the proceeding.  The costs of the mediation or

30  other alternative dispute resolution shall be borne equally by

31  all of the parties to the proceeding.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (11)  ADMINISTRATION COMMISSION.--

 2         (a)  If the Administration Commission, upon a hearing

 3  pursuant to subsection (9) or subsection (10), finds that the

 4  comprehensive plan or plan amendment is not in compliance with

 5  this act, the commission shall specify remedial actions which

 6  would bring the comprehensive plan or plan amendment into

 7  compliance. The commission may direct state agencies not to

 8  provide funds to increase the capacity of roads, bridges, or

 9  water and sewer systems within the boundaries of those local

10  governmental entities which have comprehensive plans or plan

11  elements that are determined not to be in compliance.  The

12  commission order may also specify that the local government

13  shall not be eligible for grants administered under the

14  following programs:

15         1.  The Florida Small Cities Community Development

16  Block Grant Program, as authorized by ss. 290.0401-290.049.

17         2.  The Florida Recreation Development Assistance

18  Program, as authorized by chapter 375.

19         3.  Revenue sharing pursuant to ss. 206.60, 210.20, and

20  218.61 and chapter 212, to the extent not pledged to pay back

21  bonds.

22         (b)  If the local government is one which is required

23  to include a coastal management element in its comprehensive

24  plan pursuant to s. 163.3177(6)(g), the commission order may

25  also specify that the local government is not eligible for

26  funding pursuant to s. 161.091.  The commission order may also

27  specify that the fact that the coastal management element has

28  been determined to be not in compliance shall be a

29  consideration when the department considers permits under s.

30  161.053 and when the Board of Trustees of the Internal

31  Improvement Trust Fund considers whether to sell, convey any

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  interest in, or lease any sovereignty lands or submerged lands

 2  until the element is brought into compliance.

 3         (c)  Any funds from a state program withheld from a

 4  local government pursuant to paragraphs (a) and (b) as a

 5  sanction for noncompliance shall be deposited into the Growth

 6  Management Trust Fund created by s. 186.911.

 7         (d)  The sanctions provided by paragraphs (a) and (b)

 8  shall not apply to a local government regarding any plan

 9  amendment, except for plan amendments that amend plans that

10  have not been finally determined to be in compliance with this

11  part, and except as provided in s. 163.3189(2) or s.

12  163.3191(11).

13         (12)  GOOD FAITH FILING.--The signature of an attorney

14  or party constitutes a certificate that he or she has read the

15  pleading, motion, or other paper and that, to the best of his

16  or her knowledge, information, and belief formed after

17  reasonable inquiry, it is not interposed for any improper

18  purpose, such as to harass or to cause unnecessary delay, or

19  for economic advantage, competitive reasons, or frivolous

20  purposes or needless increase in the cost of litigation.  If a

21  pleading, motion, or other paper is signed in violation of

22  these requirements, the administrative law judge, upon motion

23  or his or her own initiative, shall impose upon the person who

24  signed it, a represented party, or both, an appropriate

25  sanction, which may include an order to pay to the other party

26  or parties the amount of reasonable expenses incurred because

27  of the filing of the pleading, motion, or other paper,

28  including a reasonable attorney's fee.

29         (13)  EXCLUSIVE PROCEEDINGS.--The proceedings under

30  this section shall be the sole proceeding or action for a

31  determination of whether a local government's plan, element,

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  or amendment is in compliance with this act.

 2         (14)  AREAS OF CRITICAL STATE CONCERN.--No proposed

 3  local government comprehensive plan or plan amendment which is

 4  applicable to a designated area of critical state concern

 5  shall be effective until a final order is issued finding the

 6  plan or amendment to be in compliance as defined in this

 7  section.

 8         (15)  PUBLIC HEARINGS.--

 9         (a)  The procedure for transmittal of a complete

10  proposed comprehensive plan or plan amendment pursuant to

11  subsection (3) and for adoption of a comprehensive plan or

12  plan amendment pursuant to subsection (7) shall be by

13  affirmative vote of not less than a majority of the members of

14  the governing body present at the hearing.  The adoption of a

15  comprehensive plan or plan amendment shall be by ordinance.

16  For the purposes of transmitting or adopting a comprehensive

17  plan or plan amendment, the notice requirements in chapters

18  125 and 166 are superseded by this subsection, except as

19  provided in this part.

20         (b)  The local governing body shall hold at least two

21  advertised public hearings on the proposed comprehensive plan

22  or plan amendment as follows:

23         1.  The first public hearing shall be held at the

24  transmittal stage pursuant to subsection (3).  It shall be

25  held on a weekday at least 7 days after the day that the first

26  advertisement is published.

27         2.  The second public hearing shall be held at the

28  adoption stage pursuant to subsection (7).  It shall be held

29  on a weekday at least 5 days after the day that the second

30  advertisement is published.

31         (c)  If the proposed comprehensive plan or plan

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  amendment changes the actual list of permitted, conditional,

 2  or prohibited uses within a future land use category or

 3  changes the actual future land use map designation of a parcel

 4  or parcels of land, the required advertisements shall be in

 5  the format prescribed by s. 125.66(4)(b)2. for a county or by

 6  s. 166.041(3)(c)2.b. for a municipality.

 7         (16)  COMPLIANCE AGREEMENTS.--

 8         (a)  At any time following the issuance of a notice of

 9  intent to find a comprehensive plan or plan amendment not in

10  compliance with this part or after the initiation of a hearing

11  pursuant to subsection (9), the reviewing state land planning

12  agency and the local government may voluntarily enter into a

13  compliance agreement to resolve one or more of the issues

14  raised in the proceedings. Affected persons who have initiated

15  a formal proceeding or have intervened in a formal proceeding

16  may also enter into the compliance agreement.  All parties

17  granted intervenor status shall be provided reasonable notice

18  of the commencement of a compliance agreement negotiation

19  process and a reasonable opportunity to participate in such

20  negotiation process. Negotiation meetings with local

21  governments or intervenors shall be open to the public. The

22  reviewing state land planning agency shall provide each party

23  granted intervenor status with a copy of the compliance

24  agreement within 10 days after the agreement is executed.  The

25  compliance agreement shall list each portion of the plan or

26  plan amendment which is not in compliance, and shall specify

27  remedial actions which the local government must complete

28  within a specified time in order to bring the plan or plan

29  amendment into compliance, including adoption of all necessary

30  plan amendments.  The compliance agreement may also establish

31  monitoring requirements and incentives to ensure that the

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  conditions of the compliance agreement are met.

 2         (b)  Upon filing by the reviewing state land planning

 3  agency of a compliance agreement executed by the agency and

 4  the local government with the Division of Administrative

 5  Hearings, any administrative proceeding under ss. 120.569 and

 6  120.57 regarding the plan or plan amendment covered by the

 7  compliance agreement shall be stayed.

 8         (c)  Prior to its execution of a compliance agreement,

 9  the local government must approve the compliance agreement at

10  a public hearing advertised at least 10 days before the public

11  hearing in a newspaper of general circulation in the area in

12  accordance with the advertisement requirements of subsection

13  (15).

14         (d)  A local government may adopt a plan amendment

15  pursuant to a compliance agreement in accordance with the

16  requirements of paragraph (15)(a). The plan amendment shall be

17  exempt from the requirements of subsections (2) through (7).

18  The local government shall hold a single adoption public

19  hearing pursuant to the requirements of subparagraph (15)(b)2.

20  and paragraph (15)(c). Within 10 working days after adoption

21  of a plan amendment, the local government shall transmit the

22  amendment to the reviewing state land planning agency as

23  specified in the agency's procedural rules, and shall submit

24  one copy to the regional planning agency and to any other unit

25  of local government or government agency in the state that has

26  filed a written request with the governing body for a copy of

27  the plan amendment, and one copy to any party to the

28  proceeding under ss. 120.569 and 120.57 granted intervenor

29  status.

30         (e)  The reviewing state land planning agency, upon

31  receipt of a plan amendment adopted pursuant to a compliance

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  agreement, shall issue a cumulative notice of intent

 2  addressing both the compliance agreement amendment and the

 3  plan or plan amendment that was the subject of the agreement,

 4  in accordance with subsection (8).

 5         (f)1.  If the local government adopts a comprehensive

 6  plan amendment pursuant to a compliance agreement and a notice

 7  of intent to find the plan amendment in compliance is issued,

 8  the reviewing state land planning agency shall forward the

 9  notice of intent to the Division of Administrative Hearings

10  and the administrative law judge shall realign the parties in

11  the pending proceeding under ss. 120.569 and 120.57, which

12  shall thereafter be governed by the process contained in

13  paragraphs (9)(a) and (b), including provisions relating to

14  challenges by an affected person, burden of proof, and issues

15  of a recommended order and a final order, except as provided

16  in subparagraph 2. Parties to the original proceeding at the

17  time of realignment may continue as parties without being

18  required to file additional pleadings to initiate a

19  proceeding, but may timely amend their pleadings to raise any

20  challenge to the amendment which is the subject of the

21  cumulative notice of intent, and must otherwise conform to the

22  rules of procedure of the Division of Administrative Hearings.

23  Any affected person not a party to the realigned proceeding

24  may challenge the plan amendment which is the subject of the

25  cumulative notice of intent by filing a petition with the

26  agency as provided in subsection (9). The agency shall forward

27  the petition filed by the affected person not a party to the

28  realigned proceeding to the Division of Administrative

29  Hearings for consolidation with the realigned proceeding.

30         2.  If any of the issues raised by the reviewing state

31  land planning agency in the original subsection (10)

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  proceeding are not resolved by the compliance agreement

 2  amendments, any intervenor in the original subsection (10)

 3  proceeding may require those issues to be addressed in the

 4  pending consolidated realigned proceeding under ss. 120.569

 5  and 120.57.  As to those unresolved issues, the burden of

 6  proof shall be governed by subsection (10).

 7         3.  If the local government adopts a comprehensive plan

 8  amendment pursuant to a compliance agreement and a notice of

 9  intent to find the plan amendment not in compliance is issued,

10  the reviewing state land planning agency shall forward the

11  notice of intent to the Division of Administrative Hearings,

12  which shall consolidate the proceeding with the pending

13  proceeding and immediately set a date for hearing in the

14  pending proceeding under ss. 120.569 and 120.57. Affected

15  persons who are not a party to the underlying proceeding under

16  ss. 120.569 and 120.57 may challenge the plan amendment

17  adopted pursuant to the compliance agreement by filing a

18  petition pursuant to subsection (10).

19         (g)  If the local government fails to adopt a

20  comprehensive plan amendment pursuant to a compliance

21  agreement, the reviewing state land planning agency shall

22  notify the Division of Administrative Hearings, which shall

23  set the hearing in the pending proceeding under ss. 120.569

24  and 120.57 at the earliest convenient time.

25         (h)  This subsection does not prohibit a local

26  government from amending portions of its comprehensive plan

27  other than those which are the subject of the compliance

28  agreement.  However, such amendments to the plan may not be

29  inconsistent with the compliance agreement.

30         (i)  Nothing in this subsection is intended to limit

31  the parties from entering into a compliance agreement at any

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  time before the final order in the proceeding is issued,

 2  provided that the provisions of paragraph (c) shall apply

 3  regardless of when the compliance agreement is reached.

 4         (j)  Nothing in this subsection is intended to force

 5  any party into settlement against its will or to preclude the

 6  use of other informal dispute resolution methods, such as the

 7  services offered by the Florida Growth Management Dispute

 8  Resolution Consortium, in the course of or in addition to the

 9  method described in this subsection.

10         Section 12.  Section 163.3187, Florida Statutes, is

11  amended to read:

12         163.3187  Amendment of adopted comprehensive plan.--

13         (1)  Amendments to comprehensive plans adopted pursuant

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

15  calendar year, except:

16         (a)  In the case of an emergency, comprehensive plan

17  amendments may be made more often than twice during the

18  calendar year if the additional plan amendment receives the

19  approval of all of the members of the governing body.

20  "Emergency" means any occurrence or threat thereof whether

21  accidental or natural, caused by humankind, in war or peace,

22  which results or may result in substantial injury or harm to

23  the population or substantial damage to or loss of property or

24  public funds.

25         (b)  Any local government comprehensive plan amendments

26  directly related to a proposed development of regional impact,

27  including changes which have been determined to be substantial

28  deviations and including Florida Quality Developments pursuant

29  to s. 380.061, may be initiated by a local planning agency and

30  considered by the local governing body at the same time as the

31  application for development approval using the procedures

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  provided for local plan amendment in this section and

 2  applicable local ordinances, without regard to statutory or

 3  local ordinance limits on the frequency of consideration of

 4  amendments to the local comprehensive plan.  Nothing in this

 5  subsection shall be deemed to require favorable consideration

 6  of a plan amendment solely because it is related to a

 7  development of regional impact.

 8         (b)(c)  Any local government comprehensive plan

 9  amendments directly related to proposed small scale

10  development activities may be approved without regard to

11  statutory limits on the frequency of consideration of

12  amendments to the local comprehensive plan.  A small scale

13  development amendment may be adopted only under the following

14  conditions:

15         1.  The proposed amendment involves a use of 99 10

16  acres or fewer and:

17         a.  The cumulative annual effect of the acreage for all

18  small scale development amendments adopted by the local

19  government shall not exceed:

20         (I)  A maximum of 120 acres in a local government that

21  contains areas specifically designated in the local

22  comprehensive plan for urban infill, urban redevelopment, or

23  downtown revitalization as defined in s. 163.3164, urban

24  infill and redevelopment areas designated under s. 163.2517,

25  transportation concurrency exception areas approved pursuant

26  to s. 163.3180(5), or regional activity centers and urban

27  central business districts approved pursuant to s.

28  380.06(2)(e); however, amendments under this paragraph may be

29  applied to no more than 60 acres annually of property outside

30  the designated areas listed in this sub-sub-subparagraph.

31         (II)  A maximum of 80 acres in a local government that

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  does not contain any of the designated areas set forth in

 2  sub-sub-subparagraph (I).

 3         (III)  A maximum of 120 acres in a county established

 4  pursuant to s. 9, Art. VIII of the State Constitution.

 5         a.b.  The proposed amendment does not involve the same

 6  property granted a change within the prior 12 months.

 7         b.c.  The proposed amendment does not involve the same

 8  owner's property within 200 feet of property granted a change

 9  within the prior 12 months.

10         c.d.  The proposed amendment does not involve a text

11  change to the goals, policies, and objectives of the local

12  government's comprehensive plan, but only proposes a land use

13  change to the future land use map for a site-specific small

14  scale development activity.

15         d.e.  The property that is the subject of the proposed

16  amendment is not located within an area of critical state

17  concern.

18         f.  If the proposed amendment involves a residential

19  land use, the residential land use has a density of 10 units

20  or less per acre, except that this limitation does not apply

21  to small scale amendments described in sub-sub-subparagraph

22  a.(I) that are designated in the local comprehensive plan for

23  urban infill, urban redevelopment, or downtown revitalization

24  as defined in s. 163.3164, urban infill and redevelopment

25  areas designated under s. 163.2517, transportation concurrency

26  exception areas approved pursuant to s. 163.3180(5), or

27  regional activity centers and urban central business districts

28  approved pursuant to s. 380.06(2)(e).

29         2.a.  A local government that proposes to consider a

30  plan amendment pursuant to this paragraph is not required to

31  comply with the procedures and public notice requirements of

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  s. 163.3184(15)(c) for such plan amendments if the local

 2  government complies with the provisions in s. 125.66(4)(a) for

 3  a county or in s. 166.041(3)(c) for a municipality. If a

 4  request for a plan amendment under this paragraph is initiated

 5  by other than the local government, public notice is required.

 6         b.  The local government shall send copies of the

 7  notice and amendment to the reviewing state land planning

 8  agency, the regional planning council, and any other person or

 9  entity requesting a copy.  This information shall also include

10  a statement identifying any property subject to the amendment

11  that is located within a coastal high hazard area as

12  identified in the local comprehensive plan.

13         3.  Small scale development amendments adopted pursuant

14  to this paragraph require only one public hearing before the

15  governing board, which shall be an adoption hearing as

16  described in s. 163.3184(7), and are not subject to the

17  requirements of s. 163.3184(3)-(6) unless the local government

18  elects to have them subject to those requirements.

19         (c)(d)  Any comprehensive plan amendment required by a

20  compliance agreement pursuant to s. 163.3184(16) may be

21  approved without regard to statutory limits on the frequency

22  of adoption of amendments to the comprehensive plan.

23         (d)(e)  A comprehensive plan amendment for location of

24  a state correctional facility. Such an amendment may be made

25  at any time and does not count toward the limitation on the

26  frequency of plan amendments.

27         (e)(f)  Any comprehensive plan amendment that changes

28  the schedule in the capital improvements element, and any

29  amendments directly related to the schedule, may be made once

30  in a calendar year on a date different from the two times

31  provided in this subsection when necessary to coincide with

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  the adoption of the local government's budget and capital

 2  improvements program.

 3         (f)(g)  Any local government comprehensive plan

 4  amendments directly related to proposed redevelopment of

 5  brownfield areas designated under s. 376.80 may be approved

 6  without regard to statutory limits on the frequency of

 7  consideration of amendments to the local comprehensive plan.

 8         (g)(h)  Any comprehensive plan amendments for port

 9  transportation facilities and projects that are eligible for

10  funding by the Florida Seaport Transportation and Economic

11  Development Council pursuant to s. 311.07.

12         (h)(i)  A comprehensive plan amendment for the purpose

13  of designating an urban infill and redevelopment area under s.

14  163.2517 may be approved without regard to the statutory

15  limits on the frequency of amendments to the comprehensive

16  plan.

17         (i)(j)  Any comprehensive plan amendment to establish

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

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

20  facilities element and adoption of amendments to the capital

21  improvements element and intergovernmental coordination

22  element. In order to ensure the consistency of local

23  government public school facilities elements within a county,

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

25  schedule.

26         (2)  Comprehensive plans may only be amended in such a

27  way as to preserve the internal consistency of the plan

28  pursuant to s. 163.3177(2). Corrections, updates, or

29  modifications of current costs which were set out as part of

30  the comprehensive plan shall not, for the purposes of this

31  act, be deemed to be amendments.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (3)(a)  The reviewing state land planning agency shall

 2  not review or issue a notice of intent for small scale

 3  development amendments which satisfy the requirements of

 4  paragraph (1)(b)(c).  Any affected person may file a petition

 5  with the Division of Administrative Hearings pursuant to ss.

 6  120.569 and 120.57 to request a hearing to challenge the

 7  compliance of a small scale development amendment with this

 8  act within 30 days following the local government's adoption

 9  of the amendment, shall serve a copy of the petition on the

10  local government, and shall furnish a copy to the reviewing

11  state land planning agency.  An administrative law judge shall

12  hold a hearing in the affected jurisdiction not less than 30

13  days nor more than 60 days following the filing of a petition

14  and the assignment of an administrative law judge. The parties

15  to a hearing held pursuant to this subsection shall be the

16  petitioner, the local government, and any intervenor. In the

17  proceeding, the local government's determination that the

18  small scale development amendment is in compliance is presumed

19  to be correct.  The local government's determination shall be

20  sustained unless it is shown by a preponderance of the

21  evidence that the amendment is not in compliance with the

22  requirements of this act. In any proceeding initiated pursuant

23  to this subsection, the reviewing state land planning agency

24  may intervene.

25         (b)1.  If the administrative law judge recommends that

26  the small scale development amendment be found not in

27  compliance, the administrative law judge shall submit the

28  recommended order to the Administration Commission for final

29  agency action.  If the administrative law judge recommends

30  that the small scale development amendment be found in

31  compliance, the administrative law judge shall submit the

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  recommended order to the reviewing state land planning agency.

 2         2.  If the reviewing state land planning agency

 3  determines that the plan amendment is not in compliance, the

 4  agency shall submit, within 30 days following its receipt, the

 5  recommended order to the Administration Commission for final

 6  agency action.  If the reviewing state land planning agency

 7  determines that the plan amendment is in compliance, the

 8  agency shall enter a final order within 30 days following its

 9  receipt of the recommended order.

10         (c)  Small scale development amendments shall not

11  become effective until 31 days after adoption. If challenged

12  within 30 days after adoption, small scale development

13  amendments shall not become effective until the reviewing

14  state land planning agency or the Administration Commission,

15  respectively, issues a final order determining the adopted

16  small scale development amendment is in compliance.

17         (4)  Each governing body shall transmit to the state

18  land planning agency a current copy of its comprehensive plan

19  not later than December 1, 1985.  Each governing body shall

20  also transmit copies of any amendments it adopts to its

21  comprehensive plan so as to continually update the plans on

22  file with the state land planning agency.

23         (5)  Nothing in this part is intended to prohibit or

24  limit the authority of local governments to require that a

25  person requesting an amendment pay some or all of the cost of

26  public notice.

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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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  plan amendments described in paragraph (1)(b) or paragraph

 2  (1)(g)(h).

 3         (b)  A local government may amend its comprehensive

 4  plan after it has submitted its adopted evaluation and

 5  appraisal report and for a period of 1 year after the initial

 6  determination of sufficiency regardless of whether the report

 7  has been determined to be insufficient.

 8         (c)  A local government may not amend its comprehensive

 9  plan, except for plan amendments described in paragraph

10  (1)(b), if the 1-year period after the initial sufficiency

11  determination of the report has expired and the report has not

12  been determined to be sufficient.

13         (d)  When the state land planning agency has determined

14  that the report has sufficiently addressed all pertinent

15  provisions of s. 163.3191, the local government may amend its

16  comprehensive plan without the limitations imposed by

17  paragraph (a) or paragraph (c).

18         (e)  Any plan amendment which a local government

19  attempts to adopt in violation of paragraph (a) or paragraph

20  (c) is invalid, but such invalidity may be overcome if the

21  local government readopts the amendment and transmits the

22  amendment to the reviewing state land planning agency pursuant

23  to s. 163.3184(7) after the report is determined to be

24  sufficient.

25         (7)  The state land planning agency shall consider an

26  increase in the annual total acreage threshold for small scale

27  amendments, particularly with regard to the unique

28  characteristics among the various local governments, and shall

29  report its review to the Governor, the Speaker of the House of

30  Representatives, and the President of the Senate on or before

31  January 15, 1996.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         Section 13.  Paragraph (a) of subsection (2) and

 2  paragraph (a) of subsection (3) of section 163.3189, Florida

 3  Statutes, are amended to read:

 4         163.3189  Process for amendment of adopted

 5  comprehensive plan.--

 6         (2)  A local government which has a comprehensive plan

 7  that has been found to be in compliance may amend its

 8  comprehensive plan as set forth in s. 163.3184, with the

 9  following exceptions:

10         (a)  Plan amendments shall not become effective until

11  the reviewing state land planning agency issues a final order

12  determining the adopted amendment to be in compliance in

13  accordance with s. 163.3184(9), or until the Administration

14  Commission issues a final order determining the adopted

15  amendment to be in compliance in accordance with s.

16  163.3184(10).

17         (3)(a)  At any time after the reviewing land planning

18  agency department has issued its notice of intent and the

19  matter has been forwarded to the Division of Administrative

20  Hearings, the local government proposing the amendment may

21  demand formal mediation or the local government proposing the

22  amendment or an affected person who is a party to the

23  proceeding may demand informal mediation or expeditious

24  resolution of the amendment proceedings by serving written

25  notice on the reviewing state land planning agency, all other

26  parties to the proceeding, and the administrative law judge.

27         Section 14.  Section 163.3215, Florida Statutes, is

28  amended to read:

29         163.3215  Standing to enforce local comprehensive plans

30  through development orders.--

31         (1)  Any aggrieved or adversely affected party may

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  petition the circuit court for judicial review of maintain an

 2  action for injunctive or other relief against any local

 3  government to prevent such local government from taking any

 4  action on a development order, as defined in s. 163.3164,

 5  which materially alters the use or density or intensity of use

 6  on a particular piece of property, to challenge the local

 7  government determination that the development order that is

 8  not consistent with the comprehensive plan adopted under this

 9  part. If there is prior published notice of the local

10  government's proposed action on the development order and the

11  local government provides a point of entry into a

12  quasi-judicial proceeding, review in the circuit court shall

13  be limited to a petition for certiorari filed no later than 30

14  days following rendition of a development order or other

15  written decision.

16         (2)  "Aggrieved or adversely affected party" means any

17  person or local government which will suffer an adverse effect

18  to an interest protected or furthered by the local government

19  comprehensive plan, including interests related to health and

20  safety, police and fire protection service systems, densities

21  or intensities of development, transportation facilities,

22  health care facilities, equipment or services, or

23  environmental or natural resources.  The alleged adverse

24  interest may be shared in common with other members of the

25  community at large, but shall exceed in degree the general

26  interest in community good shared by all persons.

27         (3)(a)  No suit may be maintained under this section

28  challenging the approval or denial of a zoning, rezoning,

29  planned unit development, variance, special exception,

30  conditional use, or other development order granted prior to

31  October 1, 1985, or applied for prior to July 1, 1985.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (b)  Review pursuant to Suit under this section shall

 2  be the sole remedy action available to challenge the

 3  consistency of any a development order with a comprehensive

 4  plan adopted under this part. The local government that issued

 5  the development order and the applicant for the development

 6  order shall be named as respondents in any proceeding pursuant

 7  to this section.

 8         (4)  Upon the filing of a petition for judicial review

 9  under subsection (1), the case shall be stayed for 30 days so

10  that the matter can be subject to mandatory mediation. Within

11  10 days after the filing of the petition, the parties shall

12  notify the court of the selection of an agreed-upon mediator

13  who meets the requirements of s. 70.51(2)(c). The parties

14  shall bear equally all costs of the mediation. The time

15  periods provided in this subsection may be extended only upon

16  mutual agreement of the parties, in writing. As a condition

17  precedent to the institution of an action pursuant to this

18  section, the complaining party shall first file a verified

19  complaint with the local government whose actions are

20  complained of setting forth the facts upon which the complaint

21  is based and the relief sought by the complaining party.  The

22  verified complaint shall be filed no later than 30 days after

23  the alleged inconsistent action has been taken.  The local

24  government receiving the complaint shall respond within 30

25  days after receipt of the complaint.  Thereafter, the

26  complaining party may institute the action authorized in this

27  section.  However, the action shall be instituted no later

28  than 30 days after the expiration of the 30-day period which

29  the local government has to take appropriate action.  Failure

30  to comply with this subsection shall not bar an action for a

31  temporary restraining order to prevent immediate and

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  irreparable harm from the actions complained of.

 2         (5)  Venue in any cases brought under this section

 3  shall lie in the county or counties where the actions or

 4  inactions giving rise to the cause of action are alleged to

 5  have occurred.

 6         (6)  The signature of an attorney or party constitutes

 7  a certificate that he or she has read the pleading, motion, or

 8  other paper and that, to the best of his or her knowledge,

 9  information, and belief formed after reasonable inquiry, it is

10  not interposed for any improper purpose, such as to harass or

11  to cause unnecessary delay or for economic advantage,

12  competitive reasons or frivolous purposes or needless increase

13  in the cost of litigation.  If a pleading, motion, or other

14  paper is signed in violation of these requirements, the court,

15  upon motion or its own initiative, shall impose upon the

16  person who signed it, a represented party, or both, an

17  appropriate sanction, which may include an order to pay to the

18  other party or parties the amount of reasonable expenses

19  incurred because of the filing of the pleading, motion, or

20  other paper, including a reasonable attorney's fee.

21         (7)  In any action under this section, no settlement

22  shall be entered into by the local government unless the terms

23  of the settlement have been the subject of a public hearing

24  after notice as required by this part.

25         (8)  In any suit under this section, the Department of

26  Legal Affairs may intervene to represent the interests of the

27  state.

28         Section 15.  Subsection (14) of section 163.3221,

29  Florida Statutes, is renumbered as subsection (15), and a new

30  subsection (14) is added to said section to read:

31         163.3221  Definitions.--As used in ss.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  163.3220-163.3243:

 2         (14)  "Reviewing land planning agency" has the same

 3  meaning as provided in s. 163.3164(21).

 4         Section 16.  Section 163.3229, Florida Statutes, is

 5  amended to read:

 6         163.3229  Duration of a development agreement and

 7  relationship to local comprehensive plan.--The duration of a

 8  development agreement shall not exceed 10 years.  It may be

 9  extended by mutual consent of the governing body and the

10  developer, subject to a public hearing in accordance with s.

11  163.3225.  No development agreement shall be effective or be

12  implemented by a local government unless the local

13  government's comprehensive plan and plan amendments

14  implementing or related to the agreement are found in

15  compliance by the state land planning agency in accordance

16  with s. 163.3184, s. 163.3187, or s. 163.3189.

17         Section 17.  Section 163.3235, Florida Statutes, is

18  amended to read:

19         163.3235  Periodic review of a development

20  agreement.--A local government shall review land subject to a

21  development agreement at least once every 12 months to

22  determine if there has been demonstrated good faith compliance

23  with the terms of the development agreement.  For each annual

24  review conducted during years 6 through 10 of a development

25  agreement, the review shall be incorporated into a written

26  report which shall be submitted to the parties to the

27  agreement and the reviewing state land planning agency.  The

28  reviewing state land planning agency shall adopt rules

29  regarding the contents of the report, provided that the report

30  shall be limited to the information sufficient to determine

31  the extent to which the parties are proceeding in good faith

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  to comply with the terms of the development agreement.  If the

 2  local government finds, on the basis of substantial competent

 3  evidence, that there has been a failure to comply with the

 4  terms of the development agreement, the agreement may be

 5  revoked or modified by the local government.

 6         Section 18.  Section 163.3239, Florida Statutes, is

 7  amended to read:

 8         163.3239  Recording and effectiveness of a development

 9  agreement.--Within 14 days after a local government enters

10  into a development agreement, the local government shall

11  record the agreement with the clerk of the circuit court in

12  the county where the local government is located.  A copy of

13  the recorded development agreement shall be submitted to the

14  reviewing state land planning agency within 14 days after the

15  agreement is recorded.  A development agreement shall not be

16  effective until it is properly recorded in the public records

17  of the county and until 30 days after having been received by

18  the reviewing state land planning agency pursuant to this

19  section.  The burdens of the development agreement shall be

20  binding upon, and the benefits of the agreement shall inure

21  to, all successors in interest to the parties to the

22  agreement.

23         Section 19.  Section 163.3243, Florida Statutes, is

24  amended to read:

25         163.3243  Enforcement.--Any party, any aggrieved or

26  adversely affected person as defined in s. 163.3215(2), or the

27  reviewing state land planning agency may file an action for

28  injunctive relief in the circuit court where the local

29  government is located to enforce the terms of a development

30  agreement or to challenge compliance of the agreement with the

31  provisions of ss. 163.3220-163.3243.

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         Section 20.  Subsections (4) and (5) of section

 2  163.3244, Florida Statutes, are amended to read:

 3         163.3244  Sustainable communities demonstration

 4  project.--

 5         (4)  The department shall designate all or part of a

 6  local government as a sustainable community by written

 7  agreement, which shall be considered final agency action.  The

 8  agreement shall include the basis for the designation, any

 9  conditions necessary to comply with the intent of this

10  section, including procedures for mitigation of

11  extrajurisdictional impacts of development in jurisdictions

12  where developments of regional impact would be abolished or

13  modified, and criteria for evaluating the success of the

14  designation. Subsequent to executing the agreement, the

15  department may remove the local government's designation if it

16  determines that the local government is not meeting the terms

17  of the designation agreement.  If an affected person, as

18  defined by s. 163.3184(1)(a), determines that a local

19  government is not complying with the terms of the designation

20  agreement, he or she may petition for administrative review of

21  local government compliance with the terms of the agreement,

22  using the procedures and timeframes for notice and conditions

23  precedent described in s. 163.3213.

24         (5)  Upon designation as a sustainable community, the

25  local government shall receive the following benefits:

26         (a)  All comprehensive plan amendments affecting areas

27  within the urban growth boundary or functional equivalent

28  shall be adopted and reviewed in the manner described in ss.

29  163.3184(1), (2), (7), (14), (15), and (16) and 163.3187, such

30  that state and regional agency review is eliminated.  The

31  reviewing land planning agency department shall not issue an

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  objections, recommendations, and comments report on proposed

 2  plan amendments or a notice of intent on adopted plan

 3  amendments; however, affected persons, as defined by s.

 4  163.3184(1)(a), may file a petition for administrative review

 5  pursuant to the requirements of s. 163.3187(3)(a) to challenge

 6  the compliance of an adopted plan amendment.  Plan amendments

 7  that would change the adopted urban development boundary,

 8  impact lands outside the urban development boundary, or impact

 9  lands within the coastal high-hazard area shall be reviewed

10  pursuant to ss. 163.3184 and 163.3187.

11         (b)  Developments within the urban growth boundary and

12  outside the coastal high-hazard area are exempt from review

13  pursuant to ss. 380.06 and 380.061 to the extent established

14  in the designation agreement.

15         (b)(c)  The Executive Office of the Governor shall work

16  with other departments to emphasize programs in designated

17  local governments in the areas of job creation; crime

18  prevention; environmental protection and restoration programs;

19  solid waste recycling; transportation improvements, including

20  highways, transit, and nonmotorized transportation projects;

21  sewage treatment system improvements; expedited and

22  prioritized funding initiatives; and other programs that will

23  assist local governments to create and maintain

24  self-sustaining communities.

25         Section 21.  Section 163.3245, Florida Statutes, is

26  amended to read:

27         163.3245  Optional sector plans.--

28         (1)  In recognition of the benefits of conceptual

29  long-range planning for the buildout of an area, and detailed

30  planning for specific areas, as a demonstration project, the

31  requirements of s. 380.06 may be addressed as identified by

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  this section for up to five local governments or combinations

 2  of local governments may which adopt into the comprehensive

 3  plan an optional sector plan in accordance with this section.

 4  This section is intended to further the intent of s.

 5  163.3177(11), which supports innovative and flexible planning

 6  and development strategies, and the purposes of this part, and

 7  part I of chapter 380, and to avoid duplication of effort in

 8  terms of the level of data and analysis required for a

 9  development of regional impact, while ensuring the adequate

10  mitigation of impacts to applicable regional resources and

11  facilities, including those within the jurisdiction of other

12  local governments, as would otherwise be provided. Optional

13  Sector plans are intended for substantial geographic areas

14  including at least 5,000 acres of one or more local

15  governmental jurisdictions and are to emphasize urban form and

16  protection of regionally significant resources and facilities.

17  The state land planning agency may approve optional sector

18  plans of less than 5,000 acres based on local circumstances if

19  it is determined that the plan would further the purposes of

20  this part and part I of chapter 380. Preparation of a an

21  optional sector plan is authorized by agreement between the

22  state land planning agency and the applicable local

23  governments under s. 163.3171(4). A An optional sector plan

24  may be adopted through one or more comprehensive plan

25  amendments under s. 163.3184. However, a an optional sector

26  plan may not be authorized in an area of critical state

27  concern.

28         (2)  The state land planning agency may enter into an

29  agreement to authorize preparation of a an optional sector

30  plan upon the request of one or more local governments based

31  on consideration of problems and opportunities presented by

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  existing development trends; the effectiveness of current

 2  comprehensive plan provisions; and the potential to further

 3  the state comprehensive plan, applicable strategic regional

 4  policy plans, this part, and part I of chapter 380; and those

 5  factors identified by s. 163.3177(10)(i). The applicable

 6  regional planning council shall conduct a scoping meeting with

 7  affected local governments and those agencies identified in s.

 8  163.3184(4) before execution of the agreement authorized by

 9  this section. The purpose of this meeting is to assist the

10  state land planning agency and the local government in the

11  identification of the relevant planning issues to be addressed

12  and the data and resources available to assist in the

13  preparation of subsequent plan amendments. The regional

14  planning council shall make written recommendations to the

15  state land planning agency and affected local governments,

16  including whether a sustainable sector plan would be

17  appropriate. The agreement must define the geographic area to

18  be subject to the sector plan, the planning issues that will

19  be emphasized, requirements for intergovernmental coordination

20  to address extrajurisdictional impacts, supporting application

21  materials including data and analysis, and procedures for

22  public participation. Contemporaneously with execution of the

23  agreement, an applicant may determine the extent, if any, to

24  which the sector plan will address restoring key ecosystems,

25  achieving a more clean, healthy environment, limiting urban

26  sprawl, protecting wildlife and natural areas, advancing the

27  efficient use of land and other resources, and creating

28  quality communities and jobs.  An agreement may address

29  previously adopted sector plans that are consistent with the

30  standards in this section. Before executing an agreement under

31  this subsection, the local government shall hold a duly

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 1  noticed public workshop to review and explain to the public

 2  the optional sector planning process and the terms and

 3  conditions of the proposed agreement. The local government

 4  shall hold a duly noticed public hearing on whether to execute

 5  the agreement. All meetings between the department and the

 6  local government must be open to the public.

 7         (3)  A sector plan must encompass an area of adequate

 8  size to accommodate a level of development which achieves a

 9  functional relationship between a full range of land uses.

10  Optional sector planning encompasses two levels: adoption

11  under s. 163.3184 of a conceptual long-term buildout overlay

12  to the comprehensive plan, having no immediate effect on the

13  issuance of development orders or the applicability of s.

14  380.06, and adoption under s. 163.3184 of detailed specific

15  area plans that implement the conceptual long-term buildout

16  overlay and authorize issuance of development orders, and

17  within which s. 380.06 is waived. Until such time as a

18  detailed specific area plan is adopted, the underlying future

19  land use designations apply.

20         (a)  In addition to the other requirements of this part

21  chapter, a sector plan conceptual long-term buildout overlay

22  must include:

23         (a)1.  A future land use long-range conceptual

24  framework map that at a minimum identifies all anticipated

25  areas of urban, agricultural, rural, and conservation, and

26  other future land uses at buildout and a detailed

27  identification and analysis of the distribution, extent, and

28  location of all such uses use.

29         (b)2.  Identification of regionally significant public

30  facilities consistent with the applicable strategic regional

31  policy plan adopted pursuant to s. 186.507 chapter 9J-2,

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 1  Florida Administrative Code, irrespective of local

 2  governmental jurisdiction, necessary to support buildout of

 3  the anticipated future land uses, the anticipated impacts of

 4  future land uses on those facilities, and required

 5  improvements consistent with the applicable local

 6  comprehensive plan, including developer contributions, in a

 7  financially feasible 5-year capital improvements schedule.

 8         (c)3.  Identification of regionally significant natural

 9  resources, both within and outside the host jurisdiction,

10  consistent with the applicable strategic regional policy plan

11  adopted pursuant to s. 186.507, as well as other resources

12  within the host jurisdiction, the anticipated impacts of

13  future land uses on those resources, and identification of

14  specific measures to assure protection of such resources

15  consistent with the applicable local comprehensive plan

16  chapter 9J-2, Florida Administrative Code.

17         (d)4.  Principles and guidelines that address the urban

18  form and interrelationships of anticipated future land uses

19  and a discussion, at the applicant's option, of the extent, if

20  any, to which the plan will address restoring key ecosystems,

21  achieving a more clean, healthy environment, limiting urban

22  sprawl, protecting wildlife and natural areas, advancing the

23  efficient use of land and other resources, and creating

24  quality communities and jobs.

25         (e)5.  Identification of specific general procedures to

26  ensure intergovernmental coordination to address

27  extrajurisdictional impacts from the sector plan long-range

28  conceptual framework map.

29         (b)  In addition to the other requirements of this

30  chapter, including those in paragraph (a), the detailed

31  specific area plans must include:

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 1         1.  An area of adequate size to accommodate a level of

 2  development which achieves a functional relationship between a

 3  full range of land uses within the area and to encompass at

 4  least 1,000 acres. The state land planning agency may approve

 5  detailed specific area plans of less than 1,000 acres based on

 6  local circumstances if it is determined that the plan furthers

 7  the purposes of this part and part I of chapter 380.

 8         2.  Detailed identification and analysis of the

 9  distribution, extent, and location of future land uses.

10         3.  Detailed identification of regionally significant

11  public facilities, including public facilities outside the

12  jurisdiction of the host local government, anticipated impacts

13  of future land uses on those facilities, and required

14  improvements consistent with chapter 9J-2, Florida

15  Administrative Code.

16         4.  Public facilities necessary for the short term,

17  including developer contributions in a financially feasible

18  5-year capital improvement schedule of the affected local

19  government.

20         5.  Detailed analysis and identification of specific

21  measures to assure the protection of regionally significant

22  natural resources and other important resources both within

23  and outside the host jurisdiction, including those regionally

24  significant resources identified in chapter 9J-2, Florida

25  Administrative Code.

26         6.  Principles and guidelines that address the urban

27  form and interrelationships of anticipated future land uses

28  and a discussion, at the applicant's option, of the extent, if

29  any, to which the plan will address restoring key ecosystems,

30  achieving a more clean, healthy environment, limiting urban

31  sprawl, protecting wildlife and natural areas, advancing the

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 1  efficient use of land and other resources, and creating

 2  quality communities and jobs.

 3         7.  Identification of specific procedures to ensure

 4  intergovernmental coordination to address extrajurisdictional

 5  impacts of the detailed specific area plan.

 6         (c)  This subsection may not be construed to prevent

 7  preparation and approval of the optional sector plan and

 8  detailed specific area plan concurrently or in the same

 9  submission.

10         (4)  The host local government shall submit a

11  monitoring report to the state land planning agency and

12  applicable regional planning council on an annual basis after

13  adoption of a sector detailed specific area plan. The annual

14  monitoring report must provide summarized information on

15  development orders issued, development that has occurred,

16  public facility improvements made, and public facility

17  improvements anticipated over the upcoming 5 years.

18         (5)(a)  When a plan amendment adopting a detailed

19  specific area plan has become effective under ss. 163.3184 and

20  163.3189(2), the provisions of s. 380.06 do not apply to

21  development within the geographic area of the detailed

22  specific area plan. However, Any

23  development-of-regional-impact development order that is

24  vested on July 1, 2000, from the sector detailed specific area

25  plan may be enforced under s. 380.11.

26         (b)(a)  The local government adopting the sector

27  detailed specific area plan is primarily responsible for

28  monitoring and enforcing the detailed specific area plan.

29  Local governments shall not issue any permits or approvals or

30  provide any extensions of services to development that are not

31  consistent with the detailed sector area plan.

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    Amendment No.     (for drafter's use only)





 1         (c)(b)  Any development order adopted by the host local

 2  government which is inconsistent with an adopted sector plan

 3  shall be subject to judicial review pursuant to s. 163.3215.

 4  If the state land planning agency has reason to believe that a

 5  violation of any detailed specific area plan, or of any

 6  agreement entered into under this section, has occurred or is

 7  about to occur, it may institute an administrative or judicial

 8  proceeding to prevent, abate, or control the conditions or

 9  activity creating the violation, using the procedures in s.

10  380.11.

11         (c)  In instituting an administrative or judicial

12  proceeding involving an optional sector plan or detailed

13  specific area plan, including a proceeding pursuant to

14  paragraph (b), the complaining party shall comply with the

15  requirements of s. 163.3215(4), (5), (6), and (7).

16         (6)  Beginning December 1, 1999, and each year

17  thereafter, the department shall provide a status report to

18  the Legislative Committee on Intergovernmental Relations

19  regarding each optional sector plan authorized under this

20  section.

21         (7)  This section may not be construed to abrogate the

22  rights of any person under this chapter.

23         Section 22.  Subsection (4) of section 189.415,

24  subsection (5) of section 378.601, sections 380.06, 380.061,

25  380.065, and 380.0651, and paragraph (a) of subsection (2) of

26  section 550.155, all Florida Statutes, are repealed.

27         Section 23.  Paragraph (c) of subsection (1) of section

28  125.68, Florida Statutes, is amended to read:

29         125.68  Codification of ordinances; exceptions; public

30  record.--

31         (1)

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    66-238AX-05                                Bill No. CS/HB 2335

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 1         (c)  The following ordinances are exempt from

 2  codification and annual publication requirements:

 3         1.  Any development agreement, or amendment to such

 4  agreement, adopted by ordinance pursuant to ss.

 5  163.3220-163.3243 is exempt from codification and annual

 6  publication requirements.

 7         2.  Any development order, or amendment to such order,

 8  adopted by ordinance pursuant to s. 380.06(15).

 9         Section 24.  Subsection (17) of section 186.507,

10  Florida Statutes, is repealed, and subsections (8) and (9) of

11  said section are amended to read:

12         186.507  Strategic regional policy plans.--

13         (8)  Upon adoption, a strategic regional policy plan

14  shall provide, in addition to other criteria established by

15  law, the basis for regional review of developments of regional

16  impact, regional review of federally assisted projects, and

17  other regional comment functions.

18         (9)  Regional planning councils shall consider, and

19  make accessible to the public, appropriate data and studies,

20  including development-of-regional-impact applications and

21  agency reports, in order to assist participants in the

22  development-of-regional-impact review process.  A major

23  objective of the regional planning process shall be to

24  coordinate with the state land planning agency in order to

25  achieve uniformity and consistency in land use information and

26  data collection efforts in this state and provide a usable and

27  accessible database to local governments and the private

28  sector.

29         Section 25.  Subsection (7) of section 190.006, Florida

30  Statutes, is amended to read:

31         190.006  Board of supervisors; members and meetings.--

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 1         (7)  The board shall keep a permanent record book

 2  entitled "Record of Proceedings of ...(name of district)...

 3  Community Development District," in which shall be recorded

 4  minutes of all meetings, resolutions, proceedings,

 5  certificates, bonds given by all employees, and any and all

 6  corporate acts.  The record book shall at reasonable times be

 7  opened to inspection in the same manner as state, county, and

 8  municipal records pursuant to chapter 119.  The record book

 9  shall be kept at the office or other regular place of business

10  maintained by the board in the county or municipality in which

11  the district is located or within the boundaries of a

12  development of regional impact or Florida Quality Development,

13  or combination of a development of regional impact and Florida

14  Quality Development, which includes the district.

15         Section 26.  Subsection (6) of section 190.011, Florida

16  Statutes, is amended to read:

17         190.011  General powers.--The district shall have, and

18  the board may exercise, the following powers:

19         (6)  To maintain an office at such place or places as

20  it may designate within a county in which the district is

21  located or within the boundaries of a development of regional

22  impact or a Florida Quality Development, or a combination of a

23  development of regional impact and a Florida Quality

24  Development, which includes the district, which office must be

25  reasonably accessible to the landowners. Meetings pursuant to

26  s. 189.417(3) of a district within the boundaries of a

27  development of regional impact or Florida Quality Development,

28  or a combination of a development of regional impact and a

29  Florida Quality Development, may be held at such office.

30         Section 27.  Paragraph (f) of subsection (1) of section

31  190.012, Florida Statutes, is amended to read:

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 1         190.012  Special powers; public improvements and

 2  community facilities.--The district shall have, and the board

 3  may exercise, subject to the regulatory jurisdiction and

 4  permitting authority of all applicable governmental bodies,

 5  agencies, and special districts having authority with respect

 6  to any area included therein, any or all of the following

 7  special powers relating to public improvements and community

 8  facilities authorized by this act:

 9         (1)  To finance, fund, plan, establish, acquire,

10  construct or reconstruct, enlarge or extend, equip, operate,

11  and maintain systems, facilities, and basic infrastructures

12  for the following:

13         (f)  Any other project within or without the boundaries

14  of a district when a local government issued a development

15  order pursuant to s. 380.06 or s. 380.061 approving or

16  expressly requiring the construction or funding of the project

17  by the district, or when the project is the subject of an

18  agreement between the district and a governmental entity and

19  is consistent with the local government comprehensive plan of

20  the local government within which the project is to be

21  located.

22         Section 28.  Subsection (21) of section 240.155,

23  Florida Statutes, is amended to read:

24         240.155  Campus master plans and campus development

25  agreements.--

26         (21)  State and regional environmental program

27  requirements remain applicable, except that this section

28  supersedes all other sections of part II of chapter 163 and s.

29  380.06 except as provided in this section.

30         Section 29.  Paragraph (b) of subsection (2) of section

31  287.055, Florida Statutes, is amended to read:

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 1         287.055  Acquisition of professional architectural,

 2  engineering, landscape architectural, or surveying and mapping

 3  services; definitions; procedures; contingent fees prohibited;

 4  penalties.--

 5         (2)  DEFINITIONS.--For purposes of this section:

 6         (b)  "Agency" means the state, a state agency, a

 7  municipality, a political subdivision, a school district, or a

 8  school board. The term "agency" does not extend to a

 9  nongovernmental developer that contributes public facilities

10  to a political subdivision under s. 380.06 or ss.

11  163.3220-163.3243.

12         Section 30.  Subsection (13) of section 288.975,

13  Florida Statutes, is repealed, and subsection (1) and

14  paragraph (a) of subsection (2) of said section are amended to

15  read:

16         288.975  Military base reuse plans.--

17         (1)  This section contains optional provisions for

18  military base reuse planning in recognition of the importance

19  of ensuring prompt and effective planning for the conversion

20  of military bases designated for closure by the Federal

21  Government to maximize the welfare of impacted local

22  governments and their constituents. While the reuse of these

23  military bases shall provide substantial economic benefits to

24  their host local governments, reuse activities may also have

25  an adverse impact on the public facilities and services of

26  local governments and impact resources and facilities of

27  regional and statewide significance. The intent of this

28  section is to address this unique relationship by providing

29  for an optional military base reuse planning process that

30  supersedes the provisions of chapter 380 pertaining to

31  developments of regional impact and the requirements of part

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    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  II of chapter 163, except as provided in this section.

 2         (2)  As used in this section, the term:

 3         (a)  "Affected local government" means a local

 4  government adjoining the host local government and any other

 5  unit of local government that is not a host local government

 6  but that is identified in a proposed military base reuse plan

 7  as providing, operating, or maintaining one or more public

 8  facilities as defined in s. 163.3164(25)(24) on lands within

 9  or serving a military base designated for closure by the

10  Federal Government.

11         Section 31.  Subsection (20) of section 331.303,

12  Florida Statutes, is amended to read:

13         331.303  Definitions.--

14         (20)  "Spaceport launch facilities" shall be defined as

15  industrial facilities in accordance with s. 380.0651(3)(c),

16  Florida Statutes, 1999, and include any launch pad, launch

17  control center, and fixed launch-support equipment.

18         Section 32.  Subsection (4) of section 332.115, Florida

19  Statutes, is amended to read:

20         332.115  Joint project agreement with port district for

21  transportation corridor between airport and port facility.--

22         (4)  Sections 341.321-341.386 shall apply to any

23  high-speed rail line used to transport persons or cargo

24  through a corridor established under this section, provided

25  that such sections shall not apply to a high-speed rail line

26  used to transport persons or cargo through a corridor

27  contained entirely within Brevard and Orange Counties.

28  However, with respect to any such corridor contained entirely

29  within Brevard and Orange Counties, the corridor alignment

30  selected by an eligible agency for final design and

31  implementation, including rail lines, passenger and cargo rail

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    Amendment No.     (for drafter's use only)





 1  terminals, pipelines, and other components included in such

 2  corridor, must comply with the joint project agreement

 3  approved by the Department of Transportation and the

 4  Department of Community Affairs under subsection (1).

 5  Additionally, such joint project agreement must specify the

 6  agency responsible for the operation of the corridor.  Before

 7  approving the joint project agreement as required in

 8  subsection (1), and in addition to the requirements thereof,

 9  the Department of Transportation must determine that such

10  corridor is compatible with any existing or proposed

11  high-speed rail technology.  Before the Department of

12  Community Affairs approves the joint project agreement, that

13  department must determine that the proposed corridor is

14  consistent with the applicable approved local government

15  comprehensive plans and the state comprehensive plan. Each

16  affected local government shall provide its comments regarding

17  the consistency of such Brevard-Orange corridor with its

18  comprehensive plan to the Department of Community Affairs and

19  the appropriate regional planning council. After approval of

20  the joint project agreement for the Brevard-Orange corridor,

21  such corridor project shall be a development of regional

22  impact and shall be subject to development-of-regional-impact

23  review under s. 380.06.  Any change to such Brevard-Orange

24  corridor project's plan of development, including alignments

25  of the corridor, rail terminal locations, pipelines, roadways,

26  or any other development outside the corridor that is proposed

27  by an eligible agency subsequent to issuance of the original

28  development order under s. 380.06 is a substantial deviation

29  for purposes of s. 380.06(19). Passenger rail terminals within

30  such Brevard-Orange corridor may be located only at the port

31  facility and the airport.  Any such Brevard-Orange corridor,

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    Amendment No.     (for drafter's use only)





 1  having been installed between the port facility and the

 2  airport affected, may not be used for the transmission of coal

 3  slurry.

 4         Section 33.  Subsection (8) of section 336.025, Florida

 5  Statutes, is amended to read:

 6         336.025  County transportation system; levy of local

 7  option fuel tax on motor fuel and diesel fuel.--

 8         (8)  In addition to the uses specified in subsection

 9  (7), the governing body of a county with a population of

10  50,000 or less on April 1, 1992, may use the proceeds of the

11  tax levied pursuant to paragraph (1)(a) in any fiscal year to

12  fund infrastructure projects, if such projects are consistent

13  with the local government's approved comprehensive plan or, if

14  the approval or denial of the plan has not become final,

15  consistent with the plan last submitted to the reviewing state

16  land planning agency. In addition, no more than an amount

17  equal to the proceeds from 4 cents per gallon of the tax

18  imposed pursuant to paragraph (1)(a) may be used by such

19  county for the express and limited purpose of paying for a

20  court-ordered refund of special assessments. Except as

21  provided in subsection (7), such funds shall not be used for

22  the operational expenses of any infrastructure.  Such funds

23  may be used for infrastructure projects under this subsection

24  only after the local government, prior to the fiscal year in

25  which the funds are proposed to be used, or if pledged for

26  bonded indebtedness, prior to the fiscal year in which the

27  bonds will be issued, has held a duly noticed public hearing

28  on the proposed use of the funds and has adopted a resolution

29  certifying that the local government has met all of the

30  transportation needs identified in its approved comprehensive

31  plan or, if the approval or denial of the plan has not become

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    Amendment No.     (for drafter's use only)





 1  final, consistent with the plan last submitted to the

 2  reviewing state land planning agency.  The proceeds shall not

 3  be pledged for bonded indebtedness for a period exceeding 10

 4  years, except that, for the express and limited purpose of

 5  using such proceeds in any fiscal year to pay a court-ordered

 6  refund of special assessments, the proceeds may be pledged for

 7  bonded indebtedness not exceeding 15 years.  For the purposes

 8  of this subsection, "infrastructure" has the same meaning as

 9  provided in s. 212.055.

10         Section 34.  Subsection (4) of section 369.303, Florida

11  Statutes, is repealed, and subsection (5) of said section is

12  amended to read:

13         369.303  Definitions.--As used in this part:

14         (5)  "Land development regulation" means a regulation

15  covered by the definition in s. 163.3164(24)(23) and any of

16  the types of regulations described in s. 163.3202.

17         Section 35.  Subsection (5) of section 369.305, Florida

18  Statutes, is amended to read:

19         369.305  Review of local comprehensive plans, land

20  development regulations, Wekiva River development permits, and

21  amendments.--

22         (5)  During the period of time between the effective

23  date of this act and the due date of a county's revised local

24  government comprehensive plan as established by s. 163.3167(2)

25  and chapter 9J-12, Florida Administrative Code, any local

26  comprehensive plan amendment or amendment to a land

27  development regulation, adopted or issued by a county, which

28  applies to the Wekiva River Protection Area, or any Wekiva

29  River development permit adopted by a county, solely within

30  protection zones established pursuant to s. 373.415, shall be

31  sent to the department within 10 days after its adoption or

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    66-238AX-05                                Bill No. CS/HB 2335

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 1  issuance by the local governing body but shall not become

 2  effective until certified by the department as being in

 3  compliance with purposes described in subsection (1).  The

 4  department shall make its decision on certification within 60

 5  days after receipt of the amendment or development permit

 6  solely within protection zones established pursuant to s.

 7  373.415.  The department's decision on certification shall be

 8  final agency action.  This subsection shall not apply to any

 9  amendments or new land development regulations adopted

10  pursuant to subsections (1) through (4) or to any development

11  order approving, approving with conditions, or denying a

12  development of regional impact.

13         Section 36.  Section 369.307, Florida Statutes, is

14  amended to read:

15         369.307  Developments of regional impact in the Wekiva

16  River Protection Area; land acquisition.--

17         (1)  Notwithstanding the provisions of s. 380.06(15),

18  the counties shall consider and issue the development permits

19  applicable to a proposed development of regional impact which

20  is located partially or wholly within the Wekiva River

21  Protection Area at the same time as the development order

22  approving, approving with conditions, or denying a development

23  of regional impact.

24         (2)  Notwithstanding the provisions of s. 380.0651 or

25  any other provisions of chapter 380, the numerical standards

26  and guidelines provided in chapter 28-24, Florida

27  Administrative Code, shall be reduced by 50 percent as applied

28  to proposed developments entirely or partially located within

29  the Wekiva River Protection Area.

30         (1)(3)  The Wekiva River Protection Area is hereby

31  declared to be a natural resource of state and regional

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    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  importance. The East Central Florida Regional Planning Council

 2  shall adopt policies as part of its strategic regional policy

 3  plan and regional issues list which will protect the water

 4  quantity, water quality, hydrology, wetlands, aquatic and

 5  wetland-dependent wildlife species, habitat of species

 6  designated pursuant to rules 39-27.003, 39-27.004, and

 7  39-27.005, Florida Administrative Code, and native vegetation

 8  in the Wekiva River Protection Area.  The council shall also

 9  cooperate with the department in the department's

10  implementation of the provisions of s. 369.305.

11         (4)  The provisions of s. 369.305 of this act shall be

12  inapplicable to developments of regional impact in the Wekiva

13  River Protection Area if an application for development

14  approval was filed prior to June 1, 1988, and in the event

15  that a development order is issued pursuant to such

16  application on or before April 1, 1989.

17         (2)(5)  The Department of Environmental Protection is

18  directed to proceed to negotiate for acquisition of

19  conservation and recreation lands projects within the Wekiva

20  River Protection Area provided that such projects have been

21  deemed qualified under statutory and rule criteria for

22  purchase and have been placed on the priority list for

23  acquisition by the advisory council created in s. 259.035 or

24  its successor.

25         Section 37.  Paragraph (c) of subsection (8) of section

26  373.414, Florida Statutes, is amended to read:

27         373.414  Additional criteria for activities in surface

28  waters and wetlands.--

29         (8)  The governing board or the department, in deciding

30  whether to grant or deny a permit for an activity regulated

31  under this part shall consider the cumulative impacts upon

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    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  surface water and wetlands, as delineated in s. 373.421(1),

 2  within the same drainage basin as defined in s. 373.403(9),

 3  of:

 4         (c)  Activities which are under review, approved, or

 5  vested pursuant to s. 380.06 on July 1, 2000, or other

 6  activities regulated under this part which may reasonably be

 7  expected to be located within surface waters or wetlands, as

 8  delineated in s. 373.421(1), in the same drainage basin as

 9  defined in s. 373.403(9), based upon the comprehensive plans,

10  adopted pursuant to chapter 163, of the local governments

11  having jurisdiction over the activities, or applicable land

12  use restrictions and regulations.

13         Section 38.  Subsections (1) and (2) of section

14  373.415, Florida Statutes, are amended to read:

15         373.415  Protection zones; duties of the St. Johns

16  River Water Management District.--

17         (1)  Not later than November 1, 1988, the St. Johns

18  River Water Management District shall adopt rules establishing

19  protection zones adjacent to the watercourses in the Wekiva

20  River System, as designated in s. 369.303(9)(10).  Such

21  protection zones shall be sufficiently wide to prevent harm to

22  the Wekiva River System, including water quality, water

23  quantity, hydrology, wetlands, and aquatic and

24  wetland-dependent wildlife species, caused by any of the

25  activities regulated under this part.  Factors on which the

26  widths of the protection zones shall be based shall include,

27  but not be limited to:

28         (a)  The biological significance of the wetlands and

29  uplands adjacent to the designated watercourses in the Wekiva

30  River System, including the nesting, feeding, breeding, and

31  resting needs of aquatic species and wetland-dependent

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    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  wildlife species.

 2         (b)  The sensitivity of these species to disturbance,

 3  including the short-term and long-term adaptability to

 4  disturbance of the more sensitive species, both migratory and

 5  resident.

 6         (c)  The susceptibility of these lands to erosion,

 7  including the slope, soils, runoff characteristics, and

 8  vegetative cover.

 9

10  In addition, the rules may establish permitting thresholds,

11  permitting exemptions, or general permits, if such thresholds,

12  exemptions, or general permits do not allow significant

13  adverse impacts to the Wekiva River System to occur

14  individually or cumulatively.

15         (2)  Notwithstanding the provisions of s. 120.60, the

16  St. Johns River Water Management District shall not issue any

17  permit under this part within the Wekiva River Protection

18  Area, as defined in s. 369.303(8)(9), until the appropriate

19  local government has provided written notification to the

20  district that the proposed activity is consistent with the

21  local comprehensive plan and is in compliance with any land

22  development regulation in effect in the area where the

23  development will take place.  The district may, however,

24  inform any property owner who makes a request for such

25  information as to the location of the protection zone or zones

26  on his or her property.  However, if a development proposal is

27  amended as the result of the review by the district, a permit

28  may be issued prior to the development proposal being

29  returned, if necessary, to the local government for additional

30  review.

31         Section 39.  Subsection (3) of section 380.07, Florida

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  Statutes, is repealed, and subsections (1) and (2) of said

 2  section are amended to read:

 3         380.07  Florida Land and Water Adjudicatory

 4  Commission.--

 5         (1)  There is hereby created the Florida Land and Water

 6  Adjudicatory Commission, which shall consist of the

 7  Administration Commission. The commission may adopt rules

 8  necessary to ensure compliance with the area of critical state

 9  concern program and the requirements for developments of

10  regional impact as set forth in this chapter.

11         (2)  Whenever any local government issues any

12  development order in any area of critical state concern, or in

13  regard to any development of regional impact, copies of such

14  order orders as prescribed by rule by the state land planning

15  agency shall be transmitted to the state land planning agency,

16  the regional planning agency, and the owner or developer of

17  the property affected by such order. The state land planning

18  agency shall adopt rules describing development order

19  rendition and effectiveness in designated areas of critical

20  state concern. Within 45 days after the order is rendered, the

21  owner, the developer, or the state land planning agency may

22  appeal the order to the Florida Land and Water Adjudicatory

23  Commission by filing a notice of appeal with the commission.

24  The appropriate regional planning agency by vote at a

25  regularly scheduled meeting may recommend that the state land

26  planning agency undertake an appeal of a

27  development-of-regional-impact development order. Upon the

28  request of an appropriate regional planning council, affected

29  local government, or any citizen, the state land planning

30  agency shall consider whether to appeal the order and shall

31  respond to the request within the 45-day appeal period.  Any

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  appeal taken by a regional planning agency between March 1,

 2  1993, and the effective date of this section may only be

 3  continued if the state land planning agency has also filed an

 4  appeal.  Any appeal initiated by a regional planning agency on

 5  or before March 1, 1993, shall continue until completion of

 6  the appeal process and any subsequent appellate review, as if

 7  the regional planning agency were authorized to initiate the

 8  appeal.

 9         Section 40.  Paragraphs (a) and (d) of subsection (2)

10  of section 380.11, Florida Statutes, are amended to read:

11         380.11  Enforcement; procedures; remedies.--

12         (2)  ADMINISTRATIVE REMEDIES.--

13         (a)  If the state land planning agency has reason to

14  believe a violation of this part or any rule, development

15  order, or other order issued hereunder or of any agreement

16  entered into under s. 380.032(3) or s. 380.06(8) has occurred

17  or is about to occur, it may institute an administrative

18  proceeding pursuant to this section to prevent, abate, or

19  control the conditions or activity creating the violation.

20         (d)  The state land planning agency may institute an

21  administrative proceeding against any developer or responsible

22  party to obtain compliance with s. 380.06 and binding letters,

23  agreements, rules, orders, or development orders issued

24  pursuant to s. 380.032(3), s. 380.05, s. 380.06, or s. 380.07.

25  The state land planning agency may seek enforcement of its

26  final agency action in accordance with s. 120.69 or by written

27  agreement with the alleged violator pursuant to s. 380.032(3).

28         Section 41.  Paragraph (b) of subsection (2) of section

29  403.524, Florida Statutes, is amended to read:

30         403.524  Applicability and certification.--

31         (2)  Except as provided in subsection (1), no

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  construction of any transmission line may be undertaken

 2  without first obtaining certification under this act, but the

 3  provisions of this act do not apply to:

 4         (b)  Transmission lines which have been exempted by a

 5  binding letter of interpretation issued under s. 380.06(4)

 6  prior to July 1, 2000, or in which the Department of Community

 7  Affairs or its predecessor agency has determined the utility

 8  to have vested development rights within the meaning of s.

 9  380.05(18) or s. 380.06(20).

10         Section 42.  Paragraph (n) of subsection (1) of section

11  498.025, Florida Statutes, is amended to read:

12         498.025  Exemptions.--

13         (1)  Except as provided in s. 498.022, the provisions

14  of this chapter do not apply to:

15         (n)  An offer or disposition of any interest in a

16  subdivision that has received a development order pursuant to

17  s. 380.060 or s. 380.061, or The offer or disposition of any

18  interest in subdivided lands by a person who has entered into

19  a development agreement with local government in accordance

20  with part II of chapter 163, subject to the following

21  conditions:

22         1.  All funds or property paid by a purchaser are

23  escrowed until closing; and

24         2.  Closing shall not occur until all promised

25  improvements including infrastructure, facilities, and

26  amenities represented by the seller or the seller's agent are

27  deemed complete and the plat of same is recorded in the

28  official records of the county in which the subdivision is

29  located.

30         Section 43.  Subsection (10) of section 944.095,

31  Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         944.095  Siting of additional correctional facilities;

 2  procedure.--

 3         (10)  Insofar as the provisions of this section are

 4  inconsistent with the provisions of any other law, general,

 5  special, or local, the provisions of this section are

 6  controlling. Additionally, the criteria and procedures set

 7  forth in this section supersede and are in lieu of any review

 8  and approval required by s. 380.06.

 9         Section 44.  Subsection (19) of section 985.41, Florida

10  Statutes, is amended to read:

11         985.41  Siting of facilities; study; criteria.--

12         (19)  Insofar as the provisions of this section are

13  inconsistent with the provisions of any other law, general,

14  special, or local, the provisions of this section are

15  controlling. Additionally, the criteria and procedures set

16  forth in this section supersede and are in lieu of any review

17  and approval required by s. 380.06.

18         Section 45.  (1)  Nothing contained in this act

19  abridges or modifies any vested or other right or any

20  obligation pursuant to any development order, binding letter

21  of determination, or agreement that is applicable to a

22  development of regional impact on June 30, 2000.

23         (2)  A development of regional impact with an

24  application for development approval pending on June 30, 2000,

25  may elect to continue such review pursuant to s. 380.06,

26  Florida Statutes, 1999.

27         Section 46.  This act shall take effect July 1, 2000.

28

29

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

31  And the title is amended as follows:

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  remove from the title of the bill:  the entire title

 2

 3  and insert in lieu thereof:

 4                      A bill to be entitled

 5         An act relating to growth management; amending

 6         s. 163.3161, F.S.; providing additional intent

 7         under the Local Government Comprehensive

 8         Planning and Land Development Regulation Act;

 9         amending s. 163.3164, F.S.; defining "reviewing

10         land planning agency" for purposes of the act;

11         conforming the definition of "optional sector

12         plan"; creating s. 163.3175, F.S.; providing

13         for the creation of a local reviewing council

14         in each county; providing for membership and

15         powers; amending s. 163.3180, F.S.; requiring

16         establishment of school concurrency by a

17         specified date; providing for a building

18         moratorium in any district that does not

19         comply; conforming language; amending s.

20         163.3184, F.S.; requiring each county and

21         municipality to notify the state land planning

22         agency and the local reviewing council

23         biennially as to which of those agencies will

24         be responsible for review of that local

25         government's comprehensive plan amendments as

26         the "reviewing land planning agency";

27         specifying that the procedures and requirements

28         of said section for review of comprehensive

29         plan amendments apply to the reviewing land

30         planning agency; including the Department of

31         Health in agencies that may review and comment

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         on plans and plan amendments; removing

 2         references to certain rules; amending s.

 3         163.3187, F.S.; revising conditions for

 4         qualification as a small scale development

 5         amendment that is exempt from the limits on the

 6         frequency of amendments to a local

 7         comprehensive plan; conforming language

 8         relating to amendment of comprehensive plans;

 9         amending s. 163.3215, F.S.; revising procedures

10         for challenge of a development order by an

11         aggrieved or adversely affected party on the

12         basis of inconsistency with a local

13         comprehensive plan; providing for petition to

14         the circuit court for certiorari; providing for

15         mandatory mediation; removing a requirement

16         that a verified complaint be filed with the

17         local government prior to seeking judicial

18         review; amending the following to conform with

19         respect to duties of the reviewing land

20         planning agencies: s. 163.2517, F.S., relating

21         to urban infill and redevelopment areas; s.

22         163.3171, F.S., relating to certain agreements;

23         s. 163.3174, F.S., relating to notice of

24         designation of a local planning agency; s.

25         163.3177, F.S., relating to review of

26         comprehensive plans; s. 163.3181, F.S.,

27         relating to dispute resolution; s. 163.3189,

28         F.S., relating to amendment of comprehensive

29         plans; and s. 163.3244, F.S., relating to the

30         sustainable communities demonstration project;

31         amending s. 163.3221, F.S.; defining "reviewing

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         land planning agency" for purposes of the

 2         Florida Local Government Development Agreement

 3         Act; amending ss. 163.3229, 163.3235, 163.3239,

 4         and 163.3243, F.S.; providing duties of

 5         reviewing land planning agencies with respect

 6         to receipt, review, and enforcement of

 7         development agreements; conforming language;

 8         amending s. 163.3245, F.S.; revising procedures

 9         and requirements for adoption of optional

10         sector plans; revising elements to be included

11         in such plans and removing provisions relating

12         to detailed specific area plans; providing for

13         monitoring, enforcement, and judicial review;

14         repealing s. 163.3178(3), F.S., which provides

15         that certain port-related projects are not

16         developments of regional impact, s.

17         163.3180(12), F.S., which provides conditions

18         under which a multiuse development of regional

19         impact may satisfy certain planning

20         requirements, s. 189.415(4), F.S., relating to

21         satisfaction of certain special district

22         reporting requirements regarding facilities

23         addressed by a development of regional impact

24         development order, s. 186.507(17), F.S., which

25         directs the regional planning councils to

26         recommend locations or activities in which a

27         project should be a development of regional

28         impact, s. 288.975(13), F.S., which exempts

29         military base reuse activities from development

30         of regional impact requirements, s. 369.303(4),

31         F.S., which defines "development of regional

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         impact" under the Wekiva River Protection Act,

 2         s. 378.601(5), F.S., which exempts certain

 3         heavy mineral mining operations from

 4         development of regional impact requirements, s.

 5         380.06, F.S., which provides requirements for

 6         review of developments of regional impact, s.

 7         380.061, F.S., which creates the Florida

 8         Quality Developments program, s. 380.065, F.S.,

 9         which provides for local government review of

10         developments of regional impact, s. 380.0651,

11         F.S., which provides the statewide guidelines

12         and standards for

13         development-of-regional-impact review, s.

14         380.07(3), F.S., relating to an appeal period

15         for certain developments of regional impact,

16         and s. 550.155(2)(a), F.S., relating to certain

17         capital improvements to pari-mutuel facilities;

18         amending the following to conform to the

19         elimination of development-of-regional-impact

20         review and of the Florida Quality Developments

21         program: s. 125.68, F.S., relating to

22         ordinances exempt from codification and

23         publication requirements; s. 163.3178, F.S.,

24         relating to an exemption for certain port

25         facilities; s. 163.3244, F.S., relating to

26         sustainable communities; s. 186.507, F.S.,

27         relating to strategic regional policy plans;

28         ss. 190.006, 190.011, and 190.012, F.S.,

29         relating to community development district

30         offices and powers; s. 240.155, F.S., relating

31         to campus master plans; s. 332.115, F.S.,

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                                                   HOUSE AMENDMENT

    66-238AX-05                                Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         relating to the Brevard-Orange corridor; ss.

 2         369.305 and 369.307, F.S., relating to the

 3         Wekiva River Protection Area; s. 373.414, F.S.,

 4         relating to permits for activities located

 5         within surface waters or wetlands; s. 380.07,

 6         F.S., relating to the Florida Land and Water

 7         Adjudicatory Commission; s. 403.524, F.S.,

 8         relating to certification of transmission

 9         lines; s. 498.025, F.S., relating to

10         application of the Florida Uniform Land Sales

11         Practices Law; s. 944.095, F.S., relating to

12         siting of correctional facilities; and s.

13         985.41, F.S., relating to siting of juvenile

14         justice facilities; amending ss. 287.055,

15         288.975, 331.303, 336.025, 369.303, 373.415,

16         and 380.11, F.S.; conforming language and

17         correcting references; providing for vested

18         rights and pending applications with respect to

19         developments of regional impact; providing an

20         effective date.

21

22

23

24

25

26

27

28

29

30

31

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