House Bill 2335e1

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                                       CS/HB 2335, First Engrossed



  1                      A bill to be entitled

  2         An act relating to growth management; creating

  3         s. 125.595, F.S.; providing for the right of

  4         citizens to petition elected officials in

  5         public or private; amending s. 163.2517, F.S.;

  6         revising the financial incentives which a local

  7         government may offer in an urban infill and

  8         redevelopment area which relate to exemption

  9         from local option sales surtaxes and waiver of

10         delinquent taxes or fees; providing that, in

11         order to be eligible for the exemption from

12         collecting local option sales surtaxes, a

13         business must submit an application under oath

14         to the local government, which must be approved

15         and submitted to the Department of Revenue;

16         amending s. 212.08, F.S.; specifying that the

17         authority of a local government to adopt

18         financial and local government incentives under

19         s. 163.2517, F.S., is not superseded by certain

20         provisions relating to sales tax exemptions;

21         amending s. 163.2523, F.S.; authorizing

22         transfer of unused funds between grant

23         categories under the Urban Infill and

24         Redevelopment Assistance Grant Program;

25         amending s. 163.3164, F.S.; clarifying the

26         definition of "development" under the Local

27         Government Comprehensive Planning and Land

28         Development Regulation Act; amending s.

29         163.3177, F.S.; providing that an agricultural

30         land use category may be eligible for the

31         location of public schools in a local


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                                       CS/HB 2335, First Engrossed



  1         government comprehensive plan under certain

  2         conditions; requiring preparation of an airport

  3         master plan by each publicly owned and operated

  4         airport and providing requirements with respect

  5         thereto; providing for incorporation into the

  6         local comprehensive plan; providing that

  7         development or expansion of such airports or

  8         related development consistent with such plans

  9         is not a development of regional impact;

10         providing additional legislative intent with

11         respect to application of chapter 9J-5, Florida

12         Administrative Code, by the agency; specifying

13         lands that are appropriate for innovative

14         planning and development strategies; requiring

15         a report on a program for implementing such

16         strategies; providing for coordination with the

17         Grow Smart Florida Study Commission; amending

18         s. 163.3178, F.S.; requiring certain local

19         governments to adopt a marina siting plan as

20         part of the shoreline use component of the

21         coastal management element by a specified date;

22         amending s. 163.3184, F.S.; providing

23         additional agencies to which a local government

24         must transmit a proposed comprehensive plan or

25         plan amendment; removing provisions relating to

26         transmittal of copies by the state land

27         planning agency; providing that a local

28         government may request review by the state land

29         planning agency at the time of transmittal of

30         an amendment; revising time periods with

31         respect to submission of comments to the agency


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                                       CS/HB 2335, First Engrossed



  1         by other agencies, notice by the agency of its

  2         intent to review, and issuance by the agency of

  3         its report; providing for priority review of

  4         certain amendments; clarifying language;

  5         providing for compilation and transmittal by

  6         the local government of a list of persons who

  7         will receive an informational statement

  8         concerning the agency's notice of intent to

  9         find a plan or plan amendment in compliance or

10         not in compliance; providing for rules;

11         revising requirements relating to publication

12         by the agency of its notice of intent; deleting

13         a requirement that the notice be sent to

14         certain persons; amending s. 163.3187, F.S.;

15         revising requirements relating to small scale

16         development amendments which are exempt from

17         the limitation on the frequency of amendments

18         to a local comprehensive plan; revising acreage

19         requirements; providing that certain amendments

20         that involve affordable housing in certain

21         areas of critical state concern are eligible

22         under certain circumstances; revising a

23         condition relating to residential land use;

24         removing a provision that allows a local

25         government to elect to have such amendments

26         subject to review under s. 163.3184(3)-(6),

27         F.S.; amending s. 163.3215, F.S.; revising

28         procedures and requirements for challenge of a

29         development order by an aggrieved or adversely

30         affected party on the basis of inconsistency

31         with a local comprehensive plan; providing for


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                                       CS/HB 2335, First Engrossed



  1         petition to the circuit court for certiorari if

  2         the local government has established a review

  3         process that includes specified components;

  4         removing a requirement that a verified

  5         complaint be filed with the local government

  6         prior to seeking judicial review; amending s.

  7         163.3245, F.S., relating to optional sector

  8         plans; clarifying and conforming language;

  9         creating s. 166.0498, F.S.; providing for the

10         right of citizens to petition elected officials

11         in public or private; amending s. 166.231,

12         F.S.; authorizing application of the municipal

13         public service tax on water service to property

14         in a development of regional impact outside of

15         municipal boundaries under certain conditions;

16         limiting recovery if such tax is challenged;

17         amending s. 380.06, F.S., relating to

18         developments of regional impact; revising the

19         definition of an essentially built-out

20         development of regional impact with respect to

21         multiuse developments; providing for submission

22         of biennial, rather than annual, reports by the

23         developer; authorizing submission of a letter,

24         rather than a report, under certain

25         circumstances; providing for amendment of

26         development orders with respect to report

27         frequency; removing criteria relating to

28         petroleum storage facilities from the list of

29         criteria used to determine existence of a

30         substantial deviation; revising the criteria

31         relating to waterports and multiuse


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                                       CS/HB 2335, First Engrossed



  1         developments of regional impact; providing that

  2         an extension of the date of buildout of less

  3         than 7 years is not a substantial deviation;

  4         revising provisions relating to determination

  5         of whether a change constitutes a substantial

  6         deviation based on its percentage of the

  7         specified numerical criteria; revising notice

  8         requirements; providing that changes that are

  9         less than specified numerical criteria need not

10         be submitted to the state land planning agency

11         and specifying the agency's right to appeal

12         with respect to such changes; deleting an

13         exemption from review by the regional planning

14         agency and state land planning agency for

15         certain changes; exempting petroleum storage

16         facilities from development-of-regional-impact

17         review under certain circumstances; providing

18         for maintenance of the exemption from

19         development-of-regional-impact review for

20         developments under s. 163.3245, F.S., relating

21         to optional sector plans, if said section is

22         repealed; exempting certain development or

23         expansion of airports and related development

24         from development-of-regional-impact review

25         under certain circumstances; amending s.

26         380.0651, F.S.; revising the statewide

27         guidelines and standards for

28         development-of-regional-impact review for

29         office development, port facilities, and

30         residential development; providing for vested

31         rights, duties or obligations, and pending


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                                       CS/HB 2335, First Engrossed



  1         applications with respect to developments of

  2         regional impact; providing for enforcement;

  3         amending ss. 163.06 and 189.415, F.S.;

  4         correcting references to conform; creating the

  5         Grow Smart Florida Study Commission; providing

  6         for appointment and qualifications of members;

  7         providing the commission's duties; requiring a

  8         report; providing an appropriation; providing

  9         for severability; providing an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 125.595, Florida Statutes, is

14  created to read:

15         125.595  Right of citizens to petition elected

16  officials.--No citizen shall be denied his or her

17  constitutional right to petition any elected official in

18  public or private.  This provision shall preempt any other

19  special act or general law to the contrary.

20         Section 2.  Paragraph (j) of subsection (3) of section

21  163.2517, Florida Statutes, is amended to read:

22         163.2517  Designation of urban infill and redevelopment

23  area.--

24         (3)  A local government seeking to designate a

25  geographic area within its jurisdiction as an urban infill and

26  redevelopment area shall prepare a plan that describes the

27  infill and redevelopment objectives of the local government

28  within the proposed area. In lieu of preparing a new plan, the

29  local government may demonstrate that an existing plan or

30  combination of plans associated with a community redevelopment

31  area, Florida Main Street program, Front Porch Florida


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                                       CS/HB 2335, First Engrossed



  1  Community, sustainable community, enterprise zone, or

  2  neighborhood improvement district includes the factors listed

  3  in paragraphs (a)-(n), including a collaborative and holistic

  4  community participation process, or amend such existing plans

  5  to include these factors. The plan shall demonstrate the local

  6  government and community's commitment to comprehensively

  7  address the urban problems within the urban infill and

  8  redevelopment area and identify activities and programs to

  9  accomplish locally identified goals such as code enforcement;

10  improved educational opportunities; reduction in crime;

11  neighborhood revitalization and preservation; provision of

12  infrastructure needs, including mass transit and multimodal

13  linkages; and mixed-use planning to promote multifunctional

14  redevelopment to improve both the residential and commercial

15  quality of life in the area. The plan shall also:

16         (j)  Identify and adopt a package of financial and

17  local government incentives which the local government will

18  offer for new development, expansion of existing development,

19  and redevelopment within the urban infill and redevelopment

20  area. Examples of such incentives include:

21         1.  Waiver of license and permit fees.

22         2.  Exemption of sales made in the urban infill and

23  redevelopment area from Waiver of local option sales surtaxes

24  imposed pursuant to s. 212.054 taxes.

25         3.  Waiver of delinquent local taxes or fees to promote

26  the return of property to productive use.

27         4.  Expedited permitting.

28         5.  Lower transportation impact fees for development

29  which encourages more use of public transit, pedestrian, and

30  bicycle modes of transportation.

31


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                                       CS/HB 2335, First Engrossed



  1         6.  Prioritization of infrastructure spending within

  2  the urban infill and redevelopment area.

  3         7.  Local government absorption of developers'

  4  concurrency costs.

  5

  6  In order to be authorized to recognize the exemption from

  7  local option sales surtaxes pursuant to subparagraph 2., the

  8  owner, lessee, or lessor of the new development, expanding

  9  existing development, or redevelopment within the urban infill

10  and redevelopment area must file an application under oath

11  with the governing body having jurisdiction over the urban

12  infill and redevelopment area where the business is located.

13  The application must include the name and address of the

14  business claiming the exclusion from collecting local option

15  surtaxes; an address and assessment roll parcel number of the

16  urban infill and redevelopment area for which the exemption is

17  being sought; a description of the improvements made to

18  accomplish the new development, expanding development, or

19  redevelopment of the real property; a copy of the building

20  permit application or the building permit issued for the

21  development of the real property; a new application for a

22  certificate of registration with the Department of Revenue

23  with the address of the new development, expanding

24  development, or redevelopment; and the location of the

25  property. The local government must review and approve the

26  application and submit the completed application and

27  documentation along with a copy of the ordinance adopted

28  pursuant to subsection (5) to the Department of Revenue in

29  order for the business to become eligible to make sales exempt

30  from local option sales surtaxes in the urban infill and

31  redevelopment area.


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                                       CS/HB 2335, First Engrossed



  1         Section 3.  Subsection (13) of section 212.08, Florida

  2  Statutes, is amended to read:

  3         212.08  Sales, rental, use, consumption, distribution,

  4  and storage tax; specified exemptions.--The sale at retail,

  5  the rental, the use, the consumption, the distribution, and

  6  the storage to be used or consumed in this state of the

  7  following are hereby specifically exempt from the tax imposed

  8  by this chapter.

  9         (13)  No transactions shall be exempt from the tax

10  imposed by this chapter except those expressly exempted

11  herein. All laws granting tax exemptions, to the extent they

12  may be inconsistent or in conflict with this chapter,

13  including, but not limited to, the following designated laws,

14  shall yield to and be superseded by the provisions of this

15  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

16  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

17  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

18  and the following Laws of Florida, acts of the year indicated:

19  s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

20  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

21  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

22  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

23  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

24  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

25  s. 10, chapter 67-1681. This subsection does not supersede the

26  authority of a local government to adopt financial and local

27  government incentives pursuant to s. 163.2517.

28         Section 4.  Section 163.2523, Florida Statutes, is

29  amended to read:

30         163.2523  Grant program.--An Urban Infill and

31  Redevelopment Assistance Grant Program is created for local


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                                       CS/HB 2335, First Engrossed



  1  governments. A local government may allocate grant money to

  2  special districts, including community redevelopment agencies,

  3  and nonprofit community development organizations to implement

  4  projects consistent with an adopted urban infill and

  5  redevelopment plan or plan employed in lieu thereof. Thirty

  6  percent of the general revenue appropriated for this program

  7  shall be available for planning grants to be used by local

  8  governments for the development of an urban infill and

  9  redevelopment plan, including community participation

10  processes for the plan. Sixty percent of the general revenue

11  appropriated for this program shall be available for

12  fifty/fifty matching grants for implementing urban infill and

13  redevelopment projects that further the objectives set forth

14  in the local government's adopted urban infill and

15  redevelopment plan or plan employed in lieu thereof. The

16  remaining 10 percent of the revenue must be used for outright

17  grants for implementing projects requiring an expenditure of

18  under $50,000. If the volume of fundable applications under

19  any of the allocations specified in this section does not

20  fully obligate the amount of the allocation, the Department of

21  Community Affairs may transfer the unused balance to the

22  category having the highest dollar value of applications

23  eligible but unfunded. However, in no event may the percentage

24  of dollars allocated to outright grants for implementing

25  projects exceed 20 percent in any given fiscal year. Projects

26  that provide employment opportunities to clients of the WAGES

27  program and projects within urban infill and redevelopment

28  areas that include a community redevelopment area, Florida

29  Main Street program, Front Porch Florida Community,

30  sustainable community, enterprise zone, federal enterprise

31  zone, enterprise community, or neighborhood improvement


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                                       CS/HB 2335, First Engrossed



  1  district must be given an elevated priority in the scoring of

  2  competing grant applications. The Division of Housing and

  3  Community Development of the Department of Community Affairs

  4  shall administer the grant program. The Department of

  5  Community Affairs shall adopt rules establishing grant review

  6  criteria consistent with this section.

  7         Section 5.  Subsection (6) of section 163.3164, Florida

  8  Statutes, is amended to read:

  9         163.3164  Definitions.--As used in this act:

10         (6)  "Development" has the meaning given it in s.

11  380.04. The following operations or uses shall not be taken

12  for the purpose of this act to involve "development":

13         (a)  Work by a highway or road agency or railroad

14  company for the maintenance or improvement of a road or

15  railroad track, if the work is carried out on land within the

16  boundaries of the right-of-way.

17         (b)  Work by any utility and other persons engaged in

18  the distribution or transmission of gas or water, for the

19  purpose of inspecting, repairing, renewing, or constructing on

20  established rights-of-way any sewers, mains, pipes, cables,

21  utility tunnels, power lines, towers, poles, tracks, or the

22  like.

23         (c)  Work for the maintenance, renewal, improvement, or

24  alteration of any structure, if the work affects only the

25  interior or the color of the structure or the decoration of

26  the exterior of the structure.

27         (d)  The use of any structure or land devoted to

28  dwelling uses for any purpose customarily incidental to

29  enjoyment of the dwelling.

30         (e)  The use of any land for the purpose of growing

31  plants, crops, trees, and other agricultural or forestry


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                                       CS/HB 2335, First Engrossed



  1  products; raising livestock; or for other agricultural

  2  purposes.

  3         (f)  A change in use of land or structure from a use

  4  within a class specified in an ordinance or rule to another

  5  use in the same class.

  6         (g)  A change in the ownership or form of ownership of

  7  any parcel or structure.

  8         (h)  The creation or termination of rights of access,

  9  riparian rights, easements, covenants concerning development

10  of land, or other rights in land.

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

12  163.3177, Florida Statutes, is amended, paragraph (k) is added

13  to said subsection, and paragraph (i) of subsection (10) and

14  subsection (11) of said section are amended, to read:

15         163.3177  Required and optional elements of

16  comprehensive plan; studies and surveys.--

17         (6)  In addition to the requirements of subsections

18  (1)-(5), the comprehensive plan shall include the following

19  elements:

20         (a)  A future land use plan element designating

21  proposed future general distribution, location, and extent of

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

23  industry, agriculture, recreation, conservation, education,

24  public buildings and grounds, other public facilities, and

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

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

27  the control and distribution of population densities and

28  building and structure intensities.  The proposed

29  distribution, location, and extent of the various categories

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

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


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                                       CS/HB 2335, First Engrossed



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

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

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

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

  5  including the amount of land required to accommodate

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

  7  character of undeveloped land; the availability of public

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

  9  blighted areas and the elimination of nonconforming uses which

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

11  rural communities, the need for job creation, capital

12  investment, and economic development that will strengthen and

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

14  may designate areas for future planned development use

15  involving combinations of types of uses for which special

16  regulations may be necessary to ensure development in accord

17  with the principles and standards of the comprehensive plan

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

19  of land designated for future planned industrial use shall be

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

21  creation, capital investment, and the necessity to strengthen

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

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

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

25  possible future municipal incorporation. The land use maps or

26  map series shall generally identify and depict historic

27  district boundaries and shall designate historically

28  significant properties meriting protection.  The future land

29  use element must clearly identify the land use categories in

30  which public schools are an allowable use.  When delineating

31  the land use categories in which public schools are an


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                                       CS/HB 2335, First Engrossed



  1  allowable use, a local government shall include in the

  2  categories sufficient land proximate to residential

  3  development to meet the projected needs for schools in

  4  coordination with public school boards and may establish

  5  differing criteria for schools of different type or size. Each

  6  local government shall include lands contiguous to existing

  7  school sites, to the maximum extent possible, within the land

  8  use categories in which public schools are an allowable use.

  9  All comprehensive plans must comply with the school siting

10  requirements of this paragraph no later than October 1, 1999.

11  The failure by a local government to comply with these school

12  siting requirements by October 1, 1999, will result in the

13  prohibition of the local government's ability to amend the

14  local comprehensive plan, except for plan amendments described

15  in s. 163.3187(1)(b), until the school siting requirements are

16  met. An amendment proposed by a local government for purposes

17  of identifying the land use categories in which public schools

18  are an allowable use is exempt from the limitation on the

19  frequency of plan amendments contained in s. 163.3187. The

20  future land use element shall include criteria which encourage

21  the location of schools proximate to urban residential areas

22  to the extent possible and shall require that the local

23  government seek to collocate public facilities, such as parks,

24  libraries, and community centers, with schools to the extent

25  possible. For schools serving predominantly rural areas, an

26  agricultural land use category may be eligible by plan

27  amendment for the location of public school facilities,

28  provided the local comprehensive plan contains school siting

29  criteria or the applicable land use category will be amended

30  through a comprehensive plan amendment.

31


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                                       CS/HB 2335, First Engrossed



  1         (k)  An airport master plan shall be prepared by each

  2  publicly owned and operated airport licensed by the Department

  3  of Transportation under chapter 330. The airport master plan

  4  shall address the airport, projected airport or aviation

  5  development, and land use compatibility around the airport.

  6  The airport master plan must be consistent with applicable

  7  requirements for airport master planning issued by the Federal

  8  Aviation Administration, pursuant to the applicable Federal

  9  Aviation Administration's Advisory Circulars and Airport

10  Environmental Handbook, and by the Department of

11  Transportation, pursuant to s. 332.007(5), and with the

12  Department of Transportation's Guidebook for Airport Master

13  Planning and Airport Compatible Land Use Guidance. The airport

14  master plan, and any subsequent amendments to the airport

15  master plan, shall be incorporated into the transportation or

16  traffic circulation element of each affected local government

17  comprehensive plan by the adoption of a local government

18  comprehensive plan amendment. The authorized entity having

19  responsibility for governing the operation of the airport

20  shall submit copies of an airport master plan which meets the

21  requirements of this paragraph to the affected local

22  government no later than July 1, 2001. The affected local

23  government shall incorporate an airport master plan into the

24  local government comprehensive plan no later than July 1,

25  2002. As used in this paragraph, "affected local government"

26  means any local government having jurisdiction under this act

27  over the area in which the airport or projected airport or

28  aviation development is located. The Department of Community

29  Affairs, in conjunction with the Department of Transportation,

30  shall provide technical assistance to airports and local

31  governments to assist in the coordination of airport master


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                                       CS/HB 2335, First Engrossed



  1  plans with the local government comprehensive plan, consistent

  2  with the State Comprehensive Plan, the applicable strategic

  3  regional policy plan, and state goals and objectives related

  4  to airport planning. In the amendment to the local

  5  comprehensive plan which integrates the airport master plan,

  6  the affected local government shall address land use

  7  compatibility consistent with chapter 333 regarding airport

  8  zoning; the provision of regional transportation facilities

  9  for the efficient use and operation of the transportation

10  system and airport; consistency with the transportation or

11  traffic circulation element of the applicable local

12  comprehensive plan and applicable metropolitan planning

13  organization long-range transportation plan; and the execution

14  of any necessary interlocal agreements for the purpose of the

15  provision of public facilities and services to maintain the

16  adopted level of service standards for facilities subject to

17  concurrency. The amendment to the local comprehensive plan

18  which integrates the airport master plan shall meet the

19  requirements of this paragraph. Development or expansion of

20  any publicly owned or operated airport, or airport-related or

21  aviation-related development, meeting the requirements of this

22  paragraph shall not be a development of regional impact when

23  such development, expansion, project, or facility is

24  consistent with an adopted airport master plan that is

25  approved by the Federal Aviation Administration and the

26  Department of Transportation and is in compliance with this

27  part.

28         (10)  The Legislature recognizes the importance and

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

30  Minimum Criteria for Review of Local Government Comprehensive

31  Plans and Determination of Compliance of the Department of


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                                       CS/HB 2335, First Engrossed



  1  Community Affairs that will be used to determine compliance of

  2  local comprehensive plans.  The Legislature reserved unto

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

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

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

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

  7  Administrative Code, and expresses the following legislative

  8  intent:

  9         (i)  Due to the varying complexities, sizes, growth

10  rates, and other factors associated with local governments in

11  Florida, the department shall take into account the factors

12  delineated in rule 9J-5.002(2), Florida Administrative Code,

13  as it provides assistance to local governments and applies the

14  rule in specific situations with regard to the detail of the

15  data and analysis, and the content of the goals, objectives,

16  policies, and other graphic or textual standards required. If

17  a local government has in place a comprehensive plan found in

18  compliance, the department shall take into account as it

19  applies chapter 9J-5, Florida Administrative Code, whether a

20  plan amendment constitutes substantial progress over existing

21  provisions in the local comprehensive plan regarding

22  consistency with chapter 9J-5, Florida Administrative Code.

23  The provisions of this paragraph are not intended to allow the

24  department to waive or vary any of the requirements of law.

25         (11)(a)  The Legislature recognizes the need for

26  innovative planning and development strategies which will

27  address the anticipated demands of continued urbanization of

28  Florida's coastal and other environmentally sensitive areas,

29  and which will accommodate the development of less populated

30  regions of the state which seek economic development and which

31  have suitable land and water resources to accommodate growth


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                                       CS/HB 2335, First Engrossed



  1  in an environmentally acceptable manner.  The Legislature

  2  further recognizes the substantial advantages of innovative

  3  approaches to development which may better serve to protect

  4  environmentally sensitive areas, maintain the economic

  5  viability of agricultural and other predominantly rural land

  6  uses, and provide for the cost-efficient delivery of public

  7  facilities and services.

  8         (b)  It is the intent of the Legislature that the local

  9  government comprehensive plans and plan amendments adopted

10  pursuant to the provisions of this part provide for a planning

11  process which allows for land use efficiencies within existing

12  urban areas and which also allows for the conversion of rural

13  lands to other uses, where appropriate and consistent with the

14  other provisions of this part and the affected local

15  comprehensive plans, through the application of innovative and

16  flexible planning and development strategies and creative land

17  use planning techniques, which may include, but not be limited

18  to, urban villages, new towns, satellite communities,

19  area-based allocations, clustering and open space provisions,

20  mixed-use development, and sector planning.

21         (c)  Lands classified in the future land use plan

22  element as agricultural, rural, open, open/rural, or a

23  substantively equivalent land use shall also be deemed

24  appropriate for innovative planning and development strategies

25  described in paragraphs (a) and (b) which the department

26  recognizes as methods for discouraging urban sprawl consistent

27  with the provisions of the state comprehensive plan, regional

28  policy plans, and this part.

29         (d)  The Department of Community Affairs, in

30  conjunction with the Department of Agriculture and Consumer

31  Services, shall, by no later than December 15, 2000, prepare


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                                       CS/HB 2335, First Engrossed



  1  and submit to the Governor, the Speaker of the House of

  2  Representatives, and the President of the Senate a report on a

  3  program of planning incentives, economic incentives, and other

  4  measures as may be necessary to facilitate the timely

  5  implementation of innovative planning and development

  6  strategies described in paragraphs (a), (b), and (c) while

  7  protecting environmentally sensitive areas, maintaining the

  8  economic viability of agriculture and other predominantly

  9  rural land uses, and providing for the cost-efficient delivery

10  of public facilities and services. Such incentives and other

11  measures shall address the following:

12         1.  "Smart growth" strategies within rural areas which

13  proactively address both the pressures of population growth

14  and the substantial need for rural economic development.

15         2.  The importance of maintaining rural land values as

16  the cornerstone of maintaining a viable rural economy.

17         3.  Expression of the contents of paragraphs (a), (b),

18  and (c) in the form of practical and easily understood

19  planning guidelines.

20         4.  A rural lands stewardship program under which the

21  owners of rural property are encouraged to convey development

22  rights in exchange for smart growth development credits which

23  are transferable within rural areas in which innovative

24  development and strategies are applied as part of a pattern of

25  land use which protects environmentally sensitive areas,

26  maintains the economic viability of agriculture and other

27  predominantly rural land uses, and provides for the

28  cost-efficient delivery of public facilities and services.

29         5.  Strategies and incentives to reward best management

30  practices for agricultural activities consistent with the

31


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                                       CS/HB 2335, First Engrossed



  1  conservation and protection of environmentally sensitive areas

  2  and sound water management practices.

  3         6.  The coordination of state transportation

  4  facilities, including roadways, railways, and port and airport

  5  facilities, to provide for the transportation of agricultural

  6  products and supplies.

  7

  8  The Department of Community Affairs shall also submit a copy

  9  of such report to the Grow Smart Florida Study Commission by

10  December 15, 2000. The Department of Community Affairs and the

11  Department of Agriculture and Consumer Services shall

12  regularly report their progress on these issues to the

13  commission, cooperate and lend assistance to the commission,

14  and coordinate their final reporting to the Legislature to the

15  greatest extent possible.

16         (e)(c)  It is the further intent of the Legislature

17  that local government comprehensive plans and implementing

18  land development regulations shall provide strategies which

19  maximize the use of existing facilities and services through

20  redevelopment, urban infill development, and other strategies

21  for urban revitalization.

22         (f)(d)  The implementation of this subsection shall be

23  subject to the provisions of this chapter, chapters 186 and

24  187, and applicable agency rules.

25         (g)(e)  The department shall implement the provisions

26  of this subsection by rule.

27         Section 7.  Paragraph (g) of subsection (2) of section

28  163.3178, Florida Statutes, is amended to read:

29         163.3178  Coastal management.--

30         (2)  Each coastal management element required by s.

31  163.3177(6)(g) shall be based on studies, surveys, and data;


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                                       CS/HB 2335, First Engrossed



  1  be consistent with coastal resource plans prepared and adopted

  2  pursuant to general or special law; and contain:

  3         (g)  A shoreline use component which identifies public

  4  access to beach and shoreline areas and addresses the need for

  5  water-dependent and water-related facilities, including

  6  marinas, along shoreline areas.  Local governments within

  7  counties identified in s. 370.12(2)(f) shall adopt a marina

  8  siting plan as part of this component no later than October 1,

  9  2001.

10         Section 8.  Subsections (3), (4), (6), (7), (8), and

11  (15) and paragraph (d) of subsection (16) of section 163.3184,

12  Florida Statutes, are amended to read:

13         163.3184  Process for adoption of comprehensive plan or

14  plan amendment.--

15         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

16  AMENDMENT.--

17         (a)  Each local governing body shall transmit the

18  complete proposed comprehensive plan or plan amendment to the

19  state land planning agency, the appropriate regional planning

20  council and water management district, the Department of

21  Environmental Protection, the Department of State, and the

22  Department of Transportation, and, in the case of municipal

23  plans, to the appropriate county, and, in the case of county

24  plans, to the Fish and Wildlife Conservation Commission and

25  the Department of Agriculture and Consumer Services,

26  immediately following a public hearing pursuant to subsection

27  (15) as specified in the state land planning agency's

28  procedural rules. The local governing body shall also transmit

29  a copy of the complete proposed comprehensive plan or plan

30  amendment to any other unit of local government or government

31  agency in the state that has filed a written request with the


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                                       CS/HB 2335, First Engrossed



  1  governing body for the plan or plan amendment. The local

  2  government may request a review by the state land planning

  3  agency pursuant to subsection (6) at the time of transmittal

  4  of an amendment.

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

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

  7  to all state agencies designated by the state land planning

  8  agency a complete copy of its adopted comprehensive plan

  9  pursuant to subsection (7) and as specified in the agency's

10  procedural rules. In the case of comprehensive plan

11  amendments, the local governing body shall transmit to the

12  state land planning agency, the appropriate regional planning

13  council and water management district, the Department of

14  Environmental Protection, the Department of State, and the

15  Department of Transportation, and, in the case of municipal

16  plans, to the appropriate county, and, in the case of county

17  plans, to the Fish and Wildlife Conservation Commission and

18  the Department of Agriculture and Consumer Services, the

19  materials specified in the state land planning agency's

20  procedural rules and, in cases in which the plan amendment is

21  a result of an evaluation and appraisal report adopted

22  pursuant to s. 163.3191, a copy of the evaluation and

23  appraisal report. Local governing bodies shall consolidate all

24  proposed plan amendments into a single submission for each of

25  the two plan amendment adoption dates during the calendar year

26  pursuant to s. 163.3187.

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

28  amendment previously transmitted pursuant to this subsection,

29  unless review is requested or otherwise initiated pursuant to

30  subsection (6).

31


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                                       CS/HB 2335, First Engrossed



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

  2  multiple individual amendments that can be clearly and legally

  3  separated and distinguished for the purpose of determining

  4  whether to review the proposed amendment, and the state land

  5  planning agency elects to review several or a portion of the

  6  amendments and the local government chooses to immediately

  7  adopt the remaining amendments not reviewed, the amendments

  8  immediately adopted and any reviewed amendments that the local

  9  government subsequently adopts together constitute one

10  amendment cycle in accordance with s. 163.3187(1).

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

12  comprehensive plan amendment is requested or otherwise

13  initiated pursuant to subsection (6), the state land planning

14  agency within 5 working days of determining that such a review

15  will be conducted shall transmit a copy of the proposed plan

16  amendment to various government agencies, as appropriate, for

17  response or comment, including, but not limited to, the

18  Department of Environmental Protection, the Department of

19  Transportation, the water management district, and the

20  regional planning council, and, in the case of municipal

21  plans, to the county land planning agency. The These

22  governmental agencies specified in paragraph (3)(a) shall

23  provide comments to the state land planning agency within 30

24  days after receipt by the state land planning agency of the

25  complete proposed plan amendment. The appropriate regional

26  planning council shall also provide its written comments to

27  the state land planning agency within 30 days after receipt by

28  the state land planning agency of the complete proposed plan

29  amendment and shall specify any objections, recommendations

30  for modifications, and comments of any other regional agencies

31  to which the regional planning council may have referred the


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                                       CS/HB 2335, First Engrossed



  1  proposed plan amendment. Written comments submitted by the

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

  3  government of the proposed plan amendment will be considered

  4  as if submitted by governmental agencies. All written agency

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

  6  under subsection (2).

  7         (6)  STATE LAND PLANNING AGENCY REVIEW.--

  8         (a)  The state land planning agency shall review a

  9  proposed plan amendment upon request of a regional planning

10  council, affected person, or local government transmitting the

11  plan amendment. The request from the regional planning council

12  or affected person must be if the request is received within

13  30 days after transmittal of the proposed plan amendment

14  pursuant to subsection (3). The agency shall issue a report of

15  its objections, recommendations, and comments regarding the

16  proposed plan amendment. A regional planning council or

17  affected person requesting a review shall do so by submitting

18  a written request to the agency with a notice of the request

19  to the local government and any other person who has requested

20  notice.

21         (b)  The state land planning agency may review any

22  proposed plan amendment regardless of whether a request for

23  review has been made, if the agency gives notice to the local

24  government, and any other person who has requested notice, of

25  its intention to conduct such a review within 35 30 days of

26  receipt by the state land planning agency transmittal of the

27  complete proposed plan amendment pursuant to subsection (3).

28         (c)  The state land planning agency shall establish by

29  rule a schedule for receipt of comments from the various

30  government agencies, as well as written public comments,

31  pursuant to subsection (4). If the state land planning agency


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                                       CS/HB 2335, First Engrossed



  1  elects to review the amendment or the agency is required to

  2  review the amendment as specified in paragraph (a), the agency

  3  shall issue a report of its objections, recommendations, and

  4  comments regarding the proposed amendment within 60 days of

  5  receipt of the complete proposed amendment by the state land

  6  planning agency. Proposed comprehensive plan amendments from

  7  small counties or rural communities for the purpose of job

  8  creation, economic development, or strengthening and

  9  diversifying the economy shall receive priority review by the

10  state land planning agency. The state land planning agency

11  shall have 30 days to review comments from the various

12  government agencies along with a local government's

13  comprehensive plan or plan amendment. During that period, the

14  state land planning agency shall transmit in writing its

15  comments to the local government along with any objections and

16  any recommendations for modifications. When a federal, state,

17  or regional agency has implemented a permitting program, the

18  state land planning agency shall not require a local

19  government to duplicate or exceed that permitting program in

20  its comprehensive plan or to implement such a permitting

21  program in its land development regulations.  Nothing

22  contained herein shall prohibit the state land planning agency

23  in conducting its review of local plans or plan amendments

24  from making objections, recommendations, and comments or

25  making compliance determinations regarding densities and

26  intensities consistent with the provisions of this part. In

27  preparing its comments, the state land planning agency shall

28  only base its considerations on written, and not oral,

29  comments, from any source.

30         (d)  The state land planning agency review shall

31  identify all written communications with the agency regarding


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                                       CS/HB 2335, First Engrossed



  1  the proposed plan amendment. If the state land planning agency

  2  does not issue such a review, it shall identify in writing to

  3  the local government all written communications received 30

  4  days after transmittal. The written identification must

  5  include a list of all documents received or generated by the

  6  agency, which list must be of sufficient specificity to enable

  7  the documents to be identified and copies requested, if

  8  desired, and the name of the person to be contacted to request

  9  copies of any identified document. The list of documents must

10  be made a part of the public records of the state land

11  planning agency.

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

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

14  shall review the written comments submitted to it by the state

15  land planning agency, and any other person, agency, or

16  government.  Any comments, recommendations, or objections and

17  any reply to them shall be public documents, a part of the

18  permanent record in the matter, and admissible in any

19  proceeding in which the comprehensive plan or plan amendment

20  may be at issue.  The local government, upon receipt of

21  written comments from the state land planning agency, shall

22  have 120 days to adopt or adopt with changes the proposed

23  comprehensive plan or s. 163.3191 plan amendments.  In the

24  case of comprehensive plan amendments other than those

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

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

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

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

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

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

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


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                                       CS/HB 2335, First Engrossed



  1  The local government shall transmit the complete adopted

  2  comprehensive plan or adopted plan amendment to the state land

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

  4  within 10 working days after adoption, including the names and

  5  addresses of persons compiled pursuant to paragraph (15)(c).

  6  The local governing body shall also transmit a copy of the

  7  adopted comprehensive plan or plan amendment to the regional

  8  planning agency and to any other unit of local government or

  9  governmental agency in the state that has filed a written

10  request with the governing body for a copy of the plan or plan

11  amendment.

12         (8)  NOTICE OF INTENT.--

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

14  land planning agency, upon receipt of a local government's

15  complete adopted comprehensive plan or plan amendment, shall

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

17  amendment is in compliance with this act, unless the amendment

18  is the result of a compliance agreement entered into under

19  subsection (16), in which case the time period for review and

20  determination shall be 30 days.  If review was not conducted

21  under subsection (6), the agency's determination must be based

22  upon the plan amendment as adopted.  If review was conducted

23  under subsection (6), the agency's determination of compliance

24  must be based only upon one or both of the following:

25         1.  The state land planning agency's written comments

26  to the local government pursuant to subsection (6); or

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

28  comprehensive plan or plan amendment as adopted.

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

30  subsection, the state land planning agency shall issue,

31  through a senior administrator or the secretary, as specified


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                                       CS/HB 2335, First Engrossed



  1  in the agency's procedural rules, a notice of intent to find

  2  that the plan or plan amendment is in compliance or not in

  3  compliance. A notice of intent shall be issued by publication

  4  in the manner provided by this paragraph and by mailing a copy

  5  to the local government and to persons who request notice.

  6  The required advertisement shall be no less than 2 columns

  7  wide by 10 inches long, and the headline in the advertisement

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

  9  shall not be placed in that portion of the newspaper where

10  legal notices and classified advertisements appear.  The

11  advertisement shall be published in a newspaper which meets

12  the size and circulation requirements set forth in paragraph

13  (15)(d)(c) and which has been designated in writing by the

14  affected local government at the time of transmittal of the

15  amendment. Publication by the state land planning agency of a

16  notice of intent in the newspaper designated by the local

17  government shall be prima facie evidence of compliance with

18  the publication requirements of this section.

19         (c)  The state land planning agency shall post a copy

20  of the notice of intent on the agency's Internet site. The

21  agency shall, no later than the date the notice of intent is

22  transmitted to the newspaper, mail a courtesy informational

23  statement to the persons whose names and mailing addresses

24  were compiled pursuant to paragraph (15)(c). The informational

25  statement shall include the identity of the newspaper in which

26  the notice of intent will appear, the approximate date of

27  publication of the notice of intent, the ordinance number of

28  the plan or plan amendment, and a statement that the

29  informational statement is provided as a courtesy to the

30  person and that affected persons have 21 days from the actual

31  date of publication of the notice to file a petition. The


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                                       CS/HB 2335, First Engrossed



  1  informational statement shall be sent by regular mail and

  2  shall not affect the timeframes in subsections (9) and (10).

  3         (15)  PUBLIC HEARINGS.--

  4         (a)  The procedure for transmittal of a complete

  5  proposed comprehensive plan or plan amendment pursuant to

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

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

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

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

10  comprehensive plan or plan amendment shall be by ordinance.

11  For the purposes of transmitting or adopting a comprehensive

12  plan or plan amendment, the notice requirements in chapters

13  125 and 166 are superseded by this subsection, except as

14  provided in this part.

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

16  advertised public hearings on the proposed comprehensive plan

17  or plan amendment as follows:

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

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

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

21  advertisement is published.

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

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

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

25  advertisement is published.

26         (c)  The local government shall provide a sign-in form

27  at the transmittal hearing and at the adoption hearing for

28  persons to provide their name and mailing address. The sign-in

29  form shall state that any person providing the requested

30  information will receive a courtesy informational statement

31  concerning publication of the state land planning agency's


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                                       CS/HB 2335, First Engrossed



  1  notice of intent. The local government shall add to the

  2  sign-in form the name and address of any person who submits

  3  written comments concerning the proposed plan or plan

  4  amendment during the time period between the commencement of

  5  the transmittal hearing and the end of the adoption hearing.

  6  It shall be the responsibility of the person completing the

  7  form or providing written comments to accurately, completely,

  8  and legibly provide all information required to receive the

  9  courtesy informational statement. The agency shall adopt rules

10  to provide a model sign-in form and the format for providing

11  the list to the agency which may be used by the local

12  government to satisfy the requirements of this paragraph.

13         (d)(c)  If the proposed comprehensive plan or plan

14  amendment changes the actual list of permitted, conditional,

15  or prohibited uses within a future land use category or

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

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

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

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

20         (16)  COMPLIANCE AGREEMENTS.--

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

22  pursuant to a compliance agreement in accordance with the

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

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

25  The local government shall hold a single adoption public

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

27  and paragraph (15)(d)(c). Within 10 working days after

28  adoption of a plan amendment, the local government shall

29  transmit the amendment to the state land planning agency as

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

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


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                                       CS/HB 2335, First Engrossed



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

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

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

  4  proceeding under ss. 120.569 and 120.57 granted intervenor

  5  status.

  6         Section 9.  Paragraph (c) of subsection (1) of section

  7  163.3187, Florida Statutes, is amended to read:

  8         163.3187  Amendment of adopted comprehensive plan.--

  9         (1)  Amendments to comprehensive plans adopted pursuant

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

11  calendar year, except:

12         (c)  Any local government comprehensive plan amendments

13  directly related to proposed small scale development

14  activities may be approved without regard to statutory limits

15  on the frequency of consideration of amendments to the local

16  comprehensive plan.  A small scale development amendment may

17  be adopted only under the following conditions:

18         1.  The proposed amendment involves a use of 10 acres

19  or fewer, except that a proposed amendment may involve a use

20  of 20 acres or fewer if located within an area designated in

21  the local comprehensive plan for urban infill, urban

22  redevelopment, or downtown revitalization as defined in s.

23  163.3164, urban infill and redevelopment areas designated

24  under s. 163.2517, transportation concurrency exception areas

25  approved pursuant to s. 163.3180(5), or regional activity

26  centers and urban central business districts approved pursuant

27  to s. 380.06(2)(e), and:

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

29  small scale development amendments adopted by the local

30  government does shall not exceed:

31


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                                       CS/HB 2335, First Engrossed



  1         (I)  A maximum of 150 120 acres in the a local

  2  government that contains areas specifically designated in the

  3  local comprehensive plan for urban infill, urban

  4  redevelopment, or downtown revitalization as defined in s.

  5  163.3164, urban infill and redevelopment areas designated

  6  under s. 163.2517, transportation concurrency exception areas

  7  approved pursuant to s. 163.3180(5), or regional activity

  8  centers and urban central business districts approved pursuant

  9  to s. 380.06(2)(e); however, amendments under this paragraph

10  may be applied to no more than 60 acres annually of property

11  outside the designated areas listed in this

12  sub-sub-subparagraph.

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

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

15  sub-sub-subparagraph (I).

16         (II)(III)  A maximum of 200 120 acres in a county

17  established pursuant to s. 9, Art. VIII of the Constitution of

18  1885, as preserved by s. 6(e), Art. VIII of the revised state

19  constitution.

20         b.  The proposed amendment does not involve the same

21  property granted a change within the prior 12 months.

22         c.  The proposed amendment does not involve the same

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

24  within the prior 12 months.

25         d.  The proposed amendment does not involve a text

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

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

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

29  scale development activity.

30         e.  The property that is the subject of the proposed

31  amendment is not located within an area of critical state


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                                       CS/HB 2335, First Engrossed



  1  concern, unless the project subject to the proposed amendment

  2  involves the construction of affordable housing units meeting

  3  the criteria of s. 420.0004(3), and is located within an area

  4  of critical state concern designated by s. 380.0552 or by the

  5  Administration Commission pursuant to s. 380.05(1).  Such

  6  amendment is not subject to the density limitations of

  7  sub-subparagraph f., and shall be reviewed by the state land

  8  planning agency for consistency with the principles for

  9  guiding development applicable to the area of critical state

10  concern where the property that is the subject of the

11  amendment is located, and shall not become effective until a

12  final order is issued under s. 380.05(6).

13         f.  If The proposed amendment does not involve involves

14  a residential land use within the coastal high hazard area

15  with, the residential land use has a density exceeding of 10

16  units or less per acre., except that this limitation does not

17  apply to small scale amendments described in

18  sub-sub-subparagraph a.(I) that are designated in the local

19  comprehensive plan for urban infill, urban redevelopment, or

20  downtown revitalization as defined in s. 163.3164, urban

21  infill and redevelopment areas designated under s. 163.2517,

22  transportation concurrency exception areas approved pursuant

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

24  central business districts approved pursuant to s.

25  380.06(2)(e).

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

27  plan amendment pursuant to this paragraph is not required to

28  comply with the procedures and public notice requirements of

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

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

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


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                                       CS/HB 2335, First Engrossed



  1  request for a plan amendment under this paragraph is initiated

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

  3         b.  The local government shall send copies of the

  4  notice and amendment to the state land planning agency, the

  5  regional planning council, and any other person or entity

  6  requesting a copy.  This information shall also include a

  7  statement identifying any property subject to the amendment

  8  that is located within a coastal high hazard area as

  9  identified in the local comprehensive plan.

10         3.  Small scale development amendments adopted pursuant

11  to this paragraph require only one public hearing before the

12  governing board, which shall be an adoption hearing as

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

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

15  elects to have them subject to those requirements.

16         Section 10.  Section 163.3215, Florida Statutes, is

17  amended to read:

18         163.3215  Standing to enforce local comprehensive plans

19  through development orders.--

20         (1)  Any aggrieved or adversely affected party may

21  maintain an action for injunctive or other relief against any

22  local government to prevent such local government from taking

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

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

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

26  government's determination regarding the consistency of the

27  development order that is not consistent with the

28  comprehensive plan adopted under this part. Such action shall

29  be filed no later than 30 days following rendition of a

30  development order or other written decision.

31


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                                       CS/HB 2335, First Engrossed



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

  2  person or local government which will suffer an adverse effect

  3  to an interest protected or furthered by the local government

  4  comprehensive plan, including interests related to health and

  5  safety, police and fire protection service systems, densities

  6  or intensities of development, transportation facilities,

  7  health care facilities, equipment or services, or

  8  environmental or natural resources.  The alleged adverse

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

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

11  interest in community good shared by all persons. The term

12  includes the owner, developer, or applicant for a development

13  order.

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

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

16  planned unit development, variance, special exception,

17  conditional use, or other development order granted prior to

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

19         (b)  Suit under this section shall be the sole action

20  available to challenge the consistency of any a development

21  order with a comprehensive plan adopted under this part. The

22  local government that issued the development order and the

23  applicant for the development order, if suit is brought by an

24  aggrieved or adversely affected party, shall be named as

25  respondents in any proceeding pursuant to this section.

26         (4)  If a local government adopts an ordinance

27  establishing, at a minimum, the components of its local

28  development review process listed in this subsection, then the

29  sole action for an aggrieved or adversely affected party to

30  challenge consistency of a development order with the

31  comprehensive plan shall be by a petition for certiorari filed


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                                       CS/HB 2335, First Engrossed



  1  in circuit court. The court shall have the authority to order

  2  injunctive or such other relief as it deems appropriate.

  3  Minimum components of the local process shall be as follows:

  4         (a)  Notice by publication and by mailed notice to all

  5  abutting property owners simultaneous with the filing of

  6  application for development review.

  7         (b)  An opportunity to participate in the process for

  8  an aggrieved or adversely affected party which provides a

  9  reasonable time to prepare and present a case.

10         (c)  An opportunity for reasonable discovery prior to a

11  quasi-judicial hearing.

12         (d)  A hearing before an independent special master,

13  who shall be an attorney with at least 5 years' experience,

14  and who shall, at conclusion of the hearing, recommend written

15  findings of fact and conclusions of law.

16         (e)  At the hearing all parties shall have the

17  opportunity to respond, to present evidence and argument on

18  all issues involved, and to conduct cross examination and

19  submit rebuttal evidence.

20         (f)  The standard of review applied by the special

21  master shall be in accordance with Florida law.

22         (g)  A hearing before the local government, which shall

23  be bound by the special master's findings of fact unless not

24  supported by competent substantial evidence, but which shall

25  not be bound by the conclusions of law if it finds that the

26  special master's application or interpretation of law is

27  erroneous. As a condition precedent to the institution of an

28  action pursuant to this section, the complaining party shall

29  first file a verified complaint with the local government

30  whose actions are complained of setting forth the facts upon

31  which the complaint is based and the relief sought by the


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                                       CS/HB 2335, First Engrossed



  1  complaining party.  The verified complaint shall be filed no

  2  later than 30 days after the alleged inconsistent action has

  3  been taken.  The local government receiving the complaint

  4  shall respond within 30 days after receipt of the complaint.

  5  Thereafter, the complaining party may institute the action

  6  authorized in this section.  However, the action shall be

  7  instituted no later than 30 days after the expiration of the

  8  30-day period which the local government has to take

  9  appropriate action.  Failure to comply with this subsection

10  shall not bar an action for a temporary restraining order to

11  prevent immediate and irreparable harm from the actions

12  complained of.

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

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

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

16  have occurred.

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

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

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

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

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

22  to cause unnecessary delay or for economic advantage,

23  competitive reasons or frivolous purposes or needless increase

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

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

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

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

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

29  other party or parties the amount of reasonable expenses

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

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


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                                       CS/HB 2335, First Engrossed



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

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

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

  4  after notice as required by this part.

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

  6  Legal Affairs may intervene to represent the interests of the

  7  state.

  8         Section 11.  Section 163.3245, Florida Statutes, is

  9  amended to read:

10         163.3245  Optional sector plans.--

11         (1)  In recognition of the benefits of conceptual

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

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

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

15  this section for up to five local governments or combinations

16  of local governments which adopt into the comprehensive plan

17  an optional sector plan in accordance with this section. This

18  section is intended to further the intent of s. 163.3177(11),

19  which supports innovative and flexible planning and

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

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

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

23  development of regional impact, while ensuring the adequate

24  mitigation of impacts to applicable regional resources and

25  facilities, including those within the jurisdiction of other

26  local governments, as would otherwise be provided. Optional

27  sector plans are intended for substantial geographic areas

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

29  governmental jurisdictions and are to emphasize urban form and

30  protection of regionally significant resources and facilities.

31  The state land planning agency may approve optional sector


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                                       CS/HB 2335, First Engrossed



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

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

  3  this part and part I of chapter 380. Preparation of an

  4  optional sector plan is authorized by agreement between the

  5  state land planning agency and the applicable local

  6  governments under s. 163.3171(4). An optional sector plan may

  7  be adopted through one or more comprehensive plan amendments

  8  under s. 163.3184. However, an optional sector plan may not be

  9  authorized in an area of critical state concern.

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

11  agreement to authorize preparation of an optional sector plan

12  upon the request of one or more local governments based on

13  consideration of problems and opportunities presented by

14  existing development trends; the effectiveness of current

15  comprehensive plan provisions; the potential to further the

16  state comprehensive plan, applicable strategic regional policy

17  plans, this part, and part I of chapter 380; and those factors

18  identified by s. 163.3177(10)(i). The applicable regional

19  planning council shall conduct a scoping meeting with affected

20  local governments and those agencies identified in s.

21  163.3184(3)(a)(4) before execution of the agreement authorized

22  by this section. The purpose of this meeting is to assist the

23  state land planning agency and the local government in the

24  identification of the relevant planning issues to be addressed

25  and the data and resources available to assist in the

26  preparation of subsequent plan amendments. The regional

27  planning council shall make written recommendations to the

28  state land planning agency and affected local governments,

29  including whether an optional a sustainable sector plan would

30  be appropriate. The agreement must define the geographic area

31  to be subject to the sector plan, the planning issues that


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                                       CS/HB 2335, First Engrossed



  1  will be emphasized, requirements for intergovernmental

  2  coordination to address extrajurisdictional impacts,

  3  supporting application materials including data and analysis,

  4  and procedures for public participation. An agreement may

  5  address previously adopted sector plans that are consistent

  6  with the standards in this section. Before executing an

  7  agreement under this subsection, the local government shall

  8  hold a duly noticed public workshop to review and explain to

  9  the public the optional sector planning process and the terms

10  and conditions of the proposed agreement. The local government

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

12  the agreement. All meetings between the department and the

13  local government must be open to the public.

14         (3)  Optional sector planning encompasses two levels:

15  adoption under s. 163.3184 of a conceptual long-term buildout

16  overlay to the comprehensive plan, having no immediate effect

17  on the issuance of development orders or the applicability of

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

19  area plans that implement the conceptual long-term buildout

20  overlay and authorize issuance of development orders, and

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

22  detailed specific area plan is adopted, the underlying future

23  land use designations apply.

24         (a)  In addition to the other requirements of this

25  chapter, a conceptual long-term buildout overlay must include:

26         1.  A long-range conceptual framework map that at a

27  minimum identifies anticipated areas of urban, agricultural,

28  rural, and conservation land use.

29         2.  Identification of regionally significant public

30  facilities consistent with chapter 9J-2, Florida

31  Administrative Code, irrespective of local governmental


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                                       CS/HB 2335, First Engrossed



  1  jurisdiction necessary to support buildout of the anticipated

  2  future land uses.

  3         3.  Identification of regionally significant natural

  4  resources consistent with chapter 9J-2, Florida Administrative

  5  Code.

  6         4.  Principles and guidelines that address the urban

  7  form and interrelationships of anticipated future land uses

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

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

10  achieving a more clean, healthy environment, limiting urban

11  sprawl, protecting wildlife and natural areas, advancing the

12  efficient use of land and other resources, and creating

13  quality communities and jobs.

14         5.  Identification of general procedures to ensure

15  intergovernmental coordination to address extrajurisdictional

16  impacts from the long-range conceptual framework map.

17         (b)  In addition to the other requirements of this

18  chapter, including those in paragraph (a), the detailed

19  specific area plans must include:

20         1.  An area of adequate size to accommodate a level of

21  development which achieves a functional relationship between a

22  full range of land uses within the area and to encompass at

23  least 1,000 acres. The state land planning agency may approve

24  detailed specific area plans of less than 1,000 acres based on

25  local circumstances if it is determined that the plan furthers

26  the purposes of this part and part I of chapter 380.

27         2.  Detailed identification and analysis of the

28  distribution, extent, and location of future land uses.

29         3.  Detailed identification of regionally significant

30  public facilities, including public facilities outside the

31  jurisdiction of the host local government, anticipated impacts


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                                       CS/HB 2335, First Engrossed



  1  of future land uses on those facilities, and required

  2  improvements to maintain adopted level of service standards

  3  consistent with chapter 9J-2, Florida Administrative Code.

  4         4.  Public facilities necessary for the short term,

  5  including developer contributions in a financially feasible

  6  5-year capital improvement schedule of the affected local

  7  government.

  8         5.  Detailed analysis and identification of specific

  9  measures to assure the protection of regionally significant

10  natural resources and other important resources both within

11  and outside the host jurisdiction, including those regionally

12  significant resources identified in chapter 9J-2, Florida

13  Administrative Code.

14         6.  Principles and guidelines that address the urban

15  form and interrelationships of anticipated future land uses

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

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

18  achieving a more clean, healthy environment, limiting urban

19  sprawl, protecting wildlife and natural areas, advancing the

20  efficient use of land and other resources, and creating

21  quality communities and jobs.

22         7.  Identification of specific procedures to ensure

23  intergovernmental coordination to address extrajurisdictional

24  impacts of the detailed specific area plan.

25         (c)  This subsection may not be construed to prevent

26  preparation and approval of the optional sector plan and

27  detailed specific area plan concurrently or in the same

28  submission.

29         (4)  The host local government shall submit a

30  monitoring report to the state land planning agency and

31  applicable regional planning council on an annual basis after


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                                       CS/HB 2335, First Engrossed



  1  adoption of a detailed specific area plan. The annual

  2  monitoring report must provide summarized information on

  3  development orders issued, development that has occurred,

  4  public facility improvements made, and public facility

  5  improvements anticipated over the upcoming 5 years.

  6         (5)  When a plan amendment adopting a detailed specific

  7  area plan has become effective under ss. 163.3184 and

  8  163.3189(2), the provisions of s. 380.06 do not apply to

  9  development within the geographic area of the detailed

10  specific area plan. Should this section be repealed, any

11  approved development within a detailed specific area plan

12  shall maintain its exemption from s. 380.06. However, any

13  development-of-regional-impact development order that is

14  vested from the detailed specific area plan may be enforced

15  under s. 380.11.

16         (a)  The local government adopting the detailed

17  specific area plan is primarily responsible for monitoring and

18  enforcing the detailed specific area plan. Local governments

19  shall not issue any permits or approvals or provide any

20  extensions of services to development that are not consistent

21  with the detailed specific sector area plan.

22         (b)  If the state land planning agency has reason to

23  believe that a violation of any detailed specific area plan,

24  or of any agreement entered into under this section, has

25  occurred or is about to occur, it may institute an

26  administrative or judicial proceeding to prevent, abate, or

27  control the conditions or activity creating the violation,

28  using the procedures in s. 380.11.

29         (c)  In instituting an administrative or judicial

30  proceeding involving an optional sector plan or detailed

31  specific area plan, including a proceeding pursuant to


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                                       CS/HB 2335, First Engrossed



  1  paragraph (b), the complaining party shall comply with the

  2  requirements of s. 163.3215(4), (5), (6), and (7).

  3         (6)  Beginning December 1, 1999, and each year

  4  thereafter, the department shall provide a status report to

  5  the Legislative Committee on Intergovernmental Relations

  6  regarding each optional sector plan authorized under this

  7  section.

  8         (7)  This section may not be construed to abrogate the

  9  rights of any person under this chapter.

10         Section 12.  Section 166.0498, Florida Statutes, is

11  created to read:

12         166.0498  Right of citizens to petition elected

13  officials.--No citizen shall be denied his or her

14  constitutional right to petition any elected official in

15  public or private. This provision shall preempt any other

16  special act or general law to the contrary.

17         Section 13.  Subsection (1) of section 166.231, Florida

18  Statutes, is amended to read:

19         166.231  Municipalities; public service tax.--

20         (1)(a)  A municipality may levy a tax on the purchase

21  of electricity, metered natural gas, liquefied petroleum gas

22  either metered or bottled, manufactured gas either metered or

23  bottled, and water service. Except for those municipalities to

24  which paragraph (c) applies, the tax shall be levied only upon

25  purchases within the municipality and shall not exceed 10

26  percent of the payments received by the seller of the taxable

27  item from the purchaser for the purchase of such service.

28  Municipalities imposing a tax on the purchase of cable

29  television service as of May 4, 1977, may continue to levy

30  such tax to the extent necessary to meet all obligations to or

31  for the benefit of holders of bonds or certificates which were


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                                       CS/HB 2335, First Engrossed



  1  issued prior to May 4, 1977.  Purchase of electricity means

  2  the purchase of electric power by a person who will consume it

  3  within the municipality.

  4         (b)  The tax imposed by paragraph (a) shall not be

  5  applied against any fuel adjustment charge, and such charge

  6  shall be separately stated on each bill. The term "fuel

  7  adjustment charge" means all increases in the cost of utility

  8  services to the ultimate consumer resulting from an increase

  9  in the cost of fuel to the utility subsequent to October 1,

10  1973.

11         (c)  The tax imposed by paragraph (a) on water service

12  may be applied outside municipal boundaries to property

13  included in a development of regional impact approved pursuant

14  to s. 380.06, if agreed to in writing by the developer of such

15  property and the municipality prior to March 31, 2000. If a

16  tax levied pursuant to this paragraph is challenged, recovery,

17  if any, shall be limited to moneys paid into an escrow account

18  of the clerk of the court subsequent to such challenge.

19         Section 14.  Paragraphs (c) and (g) of subsection (15),

20  and subsections (18) and (19) of section 380.06, Florida

21  Statutes, are amended, and paragraphs (i), (j), and (k) are

22  added to subsection (24) of said section, to read:

23         380.06  Developments of regional impact.--

24         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

25         (c)  The development order shall include findings of

26  fact and conclusions of law consistent with subsections (13)

27  and (14). The development order:

28         1.  Shall specify the monitoring procedures and the

29  local official responsible for assuring compliance by the

30  developer with the development order.

31


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                                       CS/HB 2335, First Engrossed



  1         2.  Shall establish compliance dates for the

  2  development order, including a deadline for commencing

  3  physical development and for compliance with conditions of

  4  approval or phasing requirements, and shall include a

  5  termination date that reasonably reflects the time required to

  6  complete the development.

  7         3.  Shall establish a date until which the local

  8  government agrees that the approved development of regional

  9  impact shall not be subject to downzoning, unit density

10  reduction, or intensity reduction, unless the local government

11  can demonstrate that substantial changes in the conditions

12  underlying the approval of the development order have occurred

13  or the development order was based on substantially inaccurate

14  information provided by the developer or that the change is

15  clearly established by local government to be essential to the

16  public health, safety, or welfare.

17         4.  Shall specify the requirements for the biennial

18  annual report designated under subsection (18), including the

19  date of submission, parties to whom the report is submitted,

20  and contents of the report, based upon the rules adopted by

21  the state land planning agency.  Such rules shall specify the

22  scope of any additional local requirements that may be

23  necessary for the report.

24         5.  May specify the types of changes to the development

25  which shall require submission for a substantial deviation

26  determination under subsection (19).

27         6.  Shall include a legal description of the property.

28         (g)  A local government shall not issue permits for

29  development subsequent to the termination date or expiration

30  date contained in the development order unless:

31


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                                       CS/HB 2335, First Engrossed



  1         1.  The proposed development has been evaluated

  2  cumulatively with existing development under the substantial

  3  deviation provisions of subsection (19) subsequent to the

  4  termination or expiration date;

  5         2.  The proposed development is consistent with an

  6  abandonment of development order that has been issued in

  7  accordance with the provisions of subsection (26); or

  8         3.  The project has been determined to be an

  9  essentially built-out development of regional impact through

10  an agreement executed by the developer, the state land

11  planning agency, and the local government, in accordance with

12  s. 380.032, which will establish the terms and conditions

13  under which the development may be continued.  If the project

14  is determined to be essentially built-out, development may

15  proceed pursuant to the s. 380.032 agreement after the

16  termination or expiration date contained in the development

17  order without further development-of-regional-impact review

18  subject to the local government comprehensive plan and land

19  development regulations or subject to a modified

20  development-of-regional-impact analysis.  As used in this

21  paragraph, an "essentially built-out" development of regional

22  impact means:

23         a.  The development is in compliance with all

24  applicable terms and conditions of the development order

25  except the built-out date; and

26         b.(I)  The amount of development that remains to be

27  built is less than the substantial deviation threshold

28  specified in paragraph (19)(b) for each individual land use

29  category, or, for a multiuse development, the sum total of all

30  unbuilt land uses as a percentage of the applicable

31


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                                       CS/HB 2335, First Engrossed



  1  substantial deviation threshold is equal to or less than 150

  2  100 percent; or

  3         (II)  The state land planning agency and the local

  4  government have agreed in writing that the amount of

  5  development to be built does not create the likelihood of any

  6  additional regional impact not previously reviewed.

  7         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

  8  submit a biennial an annual report on the development of

  9  regional impact to the local government, the regional planning

10  agency, the state land planning agency, and all affected

11  permit agencies in alternate years on the date specified in

12  the development order, unless the development order by its

13  terms requires more frequent monitoring.  If the annual report

14  is not received, the regional planning agency or the state

15  land planning agency shall notify the local government.  If

16  the local government does not receive the annual report or

17  receives notification that the regional planning agency or the

18  state land planning agency has not received the report, the

19  local government shall request in writing that the developer

20  submit the report within 30 days.  The failure to submit the

21  report after 30 days shall result in the temporary suspension

22  of the development order by the local government. If no

23  additional development pursuant to the development order has

24  occurred since the submission of the previous report, then a

25  letter from the developer stating that no development has

26  occurred will satisfy the requirement for a report.

27  Development orders which require annual reports may be amended

28  to require biennial reports at the option of the local

29  government.

30         (19)  SUBSTANTIAL DEVIATIONS.--

31


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                                       CS/HB 2335, First Engrossed



  1         (a)  Any proposed change to a previously approved

  2  development which creates a reasonable likelihood of

  3  additional regional impact, or any type of regional impact

  4  created by the change not previously reviewed by the regional

  5  planning agency, shall constitute a substantial deviation and

  6  shall cause the development to be subject to further

  7  development-of-regional-impact review. There are a variety of

  8  reasons why a developer may wish to propose changes to an

  9  approved development of regional impact, including changed

10  market conditions.  The procedures set forth in this

11  subsection are for that purpose.

12         (b)  Any proposed change to a previously approved

13  development of regional impact or development order condition

14  which, either individually or cumulatively with other changes,

15  exceeds any of the following criteria shall constitute a

16  substantial deviation and shall cause the development to be

17  subject to further development-of-regional-impact review

18  without the necessity for a finding of same by the local

19  government:

20         1.  An increase in the number of parking spaces at an

21  attraction or recreational facility by 5 percent or 300

22  spaces, whichever is greater, or an increase in the number of

23  spectators that may be accommodated at such a facility by 5

24  percent or 1,000 spectators, whichever is greater.

25         2.  A new runway, a new terminal facility, a 25-percent

26  lengthening of an existing runway, or a 25-percent increase in

27  the number of gates of an existing terminal, but only if the

28  increase adds at least three additional gates.  However, if an

29  airport is located in two counties, a 10-percent lengthening

30  of an existing runway or a 20-percent increase in the number

31  of gates of an existing terminal is the applicable criteria.


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                                       CS/HB 2335, First Engrossed



  1         3.  An increase in the number of hospital beds by 5

  2  percent or 60 beds, whichever is greater.

  3         4.  An increase in industrial development area by 5

  4  percent or 32 acres, whichever is greater.

  5         5.  An increase in the average annual acreage mined by

  6  5 percent or 10 acres, whichever is greater, or an increase in

  7  the average daily water consumption by a mining operation by 5

  8  percent or 300,000 gallons, whichever is greater.  An increase

  9  in the size of the mine by 5 percent or 750 acres, whichever

10  is less.

11         6.  An increase in land area for office development by

12  5 percent or 6 acres, whichever is greater, or an increase of

13  gross floor area of office development by 5 percent or 60,000

14  gross square feet, whichever is greater.

15         7.  An increase in the storage capacity for chemical or

16  petroleum storage facilities by 5 percent, 20,000 barrels, or

17  7 million pounds, whichever is greater.

18         8.  An increase of development at a waterport of wet

19  storage for 20 watercraft, dry storage for 30 watercraft, or

20  wet wet/dry storage for 30 60 watercraft in an area identified

21  in the state marina siting plan as an appropriate site for

22  additional waterport development or a 5-percent increase in

23  watercraft storage capacity, whichever is greater.

24         9.  An increase in the number of dwelling units by 5

25  percent or 50 dwelling units, whichever is greater.

26         10.  An increase in commercial development by 6 acres

27  of land area or by 50,000 square feet of gross floor area, or

28  of parking spaces provided for customers for 300 cars or a

29  5-percent increase of any of these, whichever is greater.

30         11.  An increase in hotel or motel facility units by 5

31  percent or 75 units, whichever is greater.


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                                       CS/HB 2335, First Engrossed



  1         12.  An increase in a recreational vehicle park area by

  2  5 percent or 100 vehicle spaces, whichever is less.

  3         13.  A decrease in the area set aside for open space of

  4  5 percent or 20 acres, whichever is less.

  5         14.  A proposed increase to an approved multiuse

  6  development of regional impact where the sum of the increases

  7  of each land use as a percentage of the applicable substantial

  8  deviation criteria is equal to or exceeds 150 100 percent. The

  9  percentage of any decrease in the amount of open space shall

10  be treated as an increase for purposes of determining when 150

11  100 percent has been reached or exceeded.

12         15.  A 15-percent increase in the number of external

13  vehicle trips generated by the development above that which

14  was projected during the original

15  development-of-regional-impact review.

16         16.  Any change which would result in development of

17  any area which was specifically set aside in the application

18  for development approval or in the development order for

19  preservation or special protection of endangered or threatened

20  plants or animals designated as endangered, threatened, or

21  species of special concern and their habitat, primary dunes,

22  or archaeological and historical sites designated as

23  significant by the Division of Historical Resources of the

24  Department of State.  The further refinement of such areas by

25  survey shall be considered under sub-subparagraph (e)5.b.

26

27  The substantial deviation numerical standards in subparagraphs

28  4., 6., 10., 14., excluding residential uses, and 15., are

29  increased by 100 percent for a project certified under s.

30  403.973 which creates jobs and meets criteria established by

31  the Office of Tourism, Trade, and Economic Development as to


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                                       CS/HB 2335, First Engrossed



  1  its impact on an area's economy, employment, and prevailing

  2  wage and skill levels. The substantial deviation numerical

  3  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

  4  increased by 50 percent for a project located wholly within an

  5  urban infill and redevelopment area designated on the

  6  applicable adopted local comprehensive plan future land use

  7  map and not located within the coastal high hazard area.

  8         (c)  An extension of the date of buildout of a

  9  development, or any phase thereof, by 7 or more years shall be

10  presumed to create a substantial deviation subject to further

11  development-of-regional-impact review.  An extension of the

12  date of buildout, or any phase thereof, of 5 years or more but

13  less than 7 years shall be presumed not to create a

14  substantial deviation. These presumptions may be rebutted by

15  clear and convincing evidence at the public hearing held by

16  the local government.  An extension of less than 7 5 years is

17  not a substantial deviation. For the purpose of calculating

18  when a buildout, phase, or termination date has been exceeded,

19  the time shall be tolled during the pendency of administrative

20  or judicial proceedings relating to development permits.  Any

21  extension of the buildout date of a project or a phase thereof

22  shall automatically extend the commencement date of the

23  project, the termination date of the development order, the

24  expiration date of the development of regional impact, and the

25  phases thereof by a like period of time.

26         (d)  A change in the plan of development of an approved

27  development of regional impact resulting from requirements

28  imposed by the Department of Environmental Protection or any

29  water management district created by s. 373.069 or any of

30  their successor agencies or by any appropriate federal

31  regulatory agency shall be submitted to the local government


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                                       CS/HB 2335, First Engrossed



  1  pursuant to this subsection. The change shall be presumed not

  2  to create a substantial deviation subject to further

  3  development-of-regional-impact review. The presumption may be

  4  rebutted by clear and convincing evidence at the public

  5  hearing held by the local government.

  6         (e)1.  A proposed change which, either individually or,

  7  if there were previous changes, cumulatively with those

  8  changes, is equal to or exceeds 40 percent of the any

  9  numerical criterion in subparagraph (b)15. subparagraphs

10  (b)1.-15., but which does not exceed such criterion, shall be

11  presumed not to create a substantial deviation subject to

12  further development-of-regional-impact review.  The

13  presumption may be rebutted by clear and convincing evidence

14  at the public hearing held by the local government pursuant to

15  subparagraph (f)5.

16         2.  Except for a development order rendered pursuant to

17  subsection (22) or subsection (25), a proposed change to a

18  development order that individually or cumulatively with any

19  previous change is less than 40 percent of any numerical

20  criterion contained in subparagraphs (b)1.-14.15. and does not

21  exceed any other criterion is not a substantial deviation, or

22  that involves an extension of the buildout date of a

23  development, or any phase thereof, of less than 5 years is not

24  subject to the public hearing requirements of subparagraph

25  (f)3., and is not subject to a determination pursuant to

26  subparagraph (f)5.  Notice of the proposed change shall be

27  made to the local government and the regional planning council

28  and the state land planning agency. Such notice shall include

29  a description of previous individual changes made to the

30  development, including changes previously approved by the

31  local government, and shall include appropriate amendments to


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                                       CS/HB 2335, First Engrossed



  1  the development order. The following changes, individually or

  2  cumulatively with any previous changes, are not substantial

  3  deviations:

  4         a.  Changes in the name of the project, developer,

  5  owner, or monitoring official.

  6         b.  Changes to a setback that do not affect noise

  7  buffers, environmental protection or mitigation areas, or

  8  archaeological or historical resources.

  9         c.  Changes to minimum lot sizes.

10         d.  Changes in the configuration of internal roads that

11  do not affect external access points.

12         e.  Changes to the building design or orientation that

13  stay approximately within the approved area designated for

14  such building and parking lot, and which do not affect

15  historical buildings designated as significant by the Division

16  of Historical Resources of the Department of State.

17         f.  Changes to increase the acreage in the development,

18  provided that no development is proposed on the acreage to be

19  added.

20         g.  Changes to eliminate an approved land use, provided

21  that there are no additional regional impacts.

22         h.  Changes required to conform to permits approved by

23  any federal, state, or regional permitting agency, provided

24  that these changes do not create additional regional impacts.

25         i.  Any other change which the state land planning

26  agency agrees in writing is similar in nature, impact, or

27  character to the changes enumerated in sub-subparagraphs a.-h.

28  and which does not create the likelihood of any additional

29  regional impact.

30

31


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                                       CS/HB 2335, First Engrossed



  1  This subsection does not require a development order amendment

  2  for any change listed in sub-subparagraphs a.-i. unless such

  3  issue is addressed either in the existing development order or

  4  in the application for development approval, but, in the case

  5  of the application, only if, and in the manner in which, the

  6  application is incorporated in the development order.

  7         3.  Except for the change authorized by

  8  sub-subparagraph 2.f., any addition of land not previously

  9  reviewed or any change not specified in paragraph (b) or

10  paragraph (c) shall be presumed to create a substantial

11  deviation.  This presumption may be rebutted by clear and

12  convincing evidence.

13         4.  Any submittal of a proposed change to a previously

14  approved development shall include a description of individual

15  changes previously made to the development, including changes

16  previously approved by the local government.  The local

17  government shall consider the previous and current proposed

18  changes in deciding whether such changes cumulatively

19  constitute a substantial deviation requiring further

20  development-of-regional-impact review.

21         5.  The following changes to an approved development of

22  regional impact shall be presumed to create a substantial

23  deviation.  Such presumption may be rebutted by clear and

24  convincing evidence.

25         a.  A change proposed for 15 percent or more of the

26  acreage to a land use not previously approved in the

27  development order.  Changes of less than 15 percent shall be

28  presumed not to create a substantial deviation.

29         b.  Except for the types of uses listed in subparagraph

30  (b)16., any change which would result in the development of

31  any area which was specifically set aside in the application


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                                       CS/HB 2335, First Engrossed



  1  for development approval or in the development order for

  2  preservation, buffers, or special protection, including

  3  habitat for plant and animal species, archaeological and

  4  historical sites, dunes, and other special areas.

  5         c.  Notwithstanding any provision of paragraph (b) to

  6  the contrary, a proposed change consisting of simultaneous

  7  increases and decreases of at least two of the uses within an

  8  authorized multiuse development of regional impact which was

  9  originally approved with three or more uses specified in s.

10  380.0651(3)(c), (d), (f), and (g) and residential use.

11         (f)1.  The state land planning agency shall establish

12  by rule standard forms for submittal of proposed changes to a

13  previously approved development of regional impact which may

14  require further development-of-regional-impact review.  At a

15  minimum, the standard form shall require the developer to

16  provide the precise language that the developer proposes to

17  delete or add as an amendment to the development order.

18         2.  The developer shall submit, simultaneously, to the

19  local government, the regional planning agency, and the state

20  land planning agency the request for approval of a proposed

21  change. Those changes described in subparagraph (e)2. do not

22  need to be submitted to the state land planning agency;

23  however, if the proposed change does not qualify under

24  subparagraph (e)2., the local government or the regional

25  planning agency shall request that the state land planning

26  agency review the proposed change.

27         3.  No sooner than 30 days but no later than 45 days

28  after submittal by the developer to the local government, the

29  state land planning agency, and the appropriate regional

30  planning agency, the local government shall give 15 days'

31  notice and schedule a public hearing to consider the change


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                                       CS/HB 2335, First Engrossed



  1  that the developer asserts does not create a substantial

  2  deviation. This public hearing shall be held within 90 days

  3  after submittal of the proposed changes, unless that time is

  4  extended by the developer.

  5         4.  The appropriate regional planning agency or the

  6  state land planning agency shall review the proposed change

  7  and, no later than 45 days after submittal by the developer of

  8  the proposed change, unless that time is extended by the

  9  developer, and prior to the public hearing at which the

10  proposed change is to be considered, shall advise the local

11  government in writing whether it objects to the proposed

12  change, shall specify the reasons for its objection, if any,

13  and shall provide a copy to the developer.  A change which is

14  subject to the substantial deviation criteria specified in

15  sub-subparagraph (e)5.c. shall not be subject to this

16  requirement.

17         5.  At the public hearing, the local government shall

18  determine whether the proposed change requires further

19  development-of-regional-impact review.  The provisions of

20  paragraphs (a) and (e), the thresholds set forth in paragraph

21  (b), and the presumptions set forth in paragraphs (c) and (d)

22  and subparagraphs (e)1. and 3. shall be applicable in

23  determining whether further development-of-regional-impact

24  review is required.

25         6.  If the local government determines that the

26  proposed change does not require further

27  development-of-regional-impact review and is otherwise

28  approved, or if the proposed change is not subject to a

29  hearing and determination pursuant to subparagraphs 3. and 5.

30  and is otherwise approved, the local government shall issue an

31  amendment to the development order incorporating the approved


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                                       CS/HB 2335, First Engrossed



  1  change and conditions of approval relating to the change. The

  2  decision of the local government to approve, with or without

  3  conditions, or to deny the proposed change that the developer

  4  asserts does not require further review shall be subject to

  5  the appeal provisions of s. 380.07. However, the state land

  6  planning agency may not appeal the local government decision

  7  if it did not comply with subparagraph 4., except for a change

  8  to a development order made pursuant to subparagraph (e)2., if

  9  the approved change is not consistent with this and other

10  provisions of this section. The state land planning agency may

11  not appeal a change to a development order made pursuant to

12  subparagraph (e)2. for developments of regional impact

13  approved after January 1, 1980, unless the change would result

14  in a significant impact to a regionally significant

15  archaeological, historical, or natural resource not previously

16  identified in the original development-of-regional-impact

17  review.

18         (g)  If a proposed change requires further

19  development-of-regional-impact review pursuant to this

20  section, the review shall be conducted subject to the

21  following additional conditions:

22         1.  The development-of-regional-impact review conducted

23  by the appropriate regional planning agency shall address only

24  those issues raised by the proposed change except as provided

25  in subparagraph 2.

26         2.  The regional planning agency shall consider, and

27  the local government shall determine whether to approve,

28  approve with conditions, or deny the proposed change as it

29  relates to the entire development.  If the local government

30  determines that the proposed change, as it relates to the

31


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                                       CS/HB 2335, First Engrossed



  1  entire development, is unacceptable, the local government

  2  shall deny the change.

  3         3.  If the local government determines that the

  4  proposed change, as it relates to the entire development,

  5  should be approved, any new conditions in the amendment to the

  6  development order issued by the local government shall address

  7  only those issues raised by the proposed change.

  8         4.  Development within the previously approved

  9  development of regional impact may continue, as approved,

10  during the development-of-regional-impact review in those

11  portions of the development which are not affected by the

12  proposed change.

13         (h)  When further development-of-regional-impact review

14  is required because a substantial deviation has been

15  determined or admitted by the developer, the amendment to the

16  development order issued by the local government shall be

17  consistent with the requirements of subsection (15) and shall

18  be subject to the hearing and appeal provisions of s. 380.07.

19  The state land planning agency or the appropriate regional

20  planning agency need not participate at the local hearing in

21  order to appeal a local government development order issued

22  pursuant to this paragraph.

23         (24)  STATUTORY EXEMPTIONS.--

24         (i)  Any proposed facility for the storage of any

25  petroleum product is exempt from the provisions of this

26  section, if such facility is consistent with a local

27  comprehensive plan that is in compliance with s. 163.3177 or

28  is consistent with a comprehensive port master plan that is in

29  compliance with s. 163.3178.

30         (j)  Any development located within a detailed specific

31  area plan adopted pursuant to s. 163.3245 which is consistent


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                                       CS/HB 2335, First Engrossed



  1  with the detailed specific area plan is exempt from the

  2  provisions of this section. Should s. 163.3245 be repealed,

  3  any approved development within a detailed specific area plan

  4  shall maintain this exemption. However, any

  5  development-of-regional-impact development order that is

  6  vested from the detailed specific area plan may be enforced

  7  under s. 380.11.

  8         (k)  Development or expansion of an airport or

  9  airport-related or aviation-related development is exempt from

10  the provisions of this section when such development,

11  expansion, project, or facility is consistent with an adopted

12  airport master plan that is in compliance with s.

13  163.3177(6)(j) and (k).

14         Section 15.  Paragraphs (d), (e), and (j) of subsection

15  (3) of section 380.0651, Florida Statutes, are amended, and

16  subsections (5) and (6) are added to said section, to read:

17         380.0651  Statewide guidelines and standards.--

18         (3)  The following statewide guidelines and standards

19  shall be applied in the manner described in s. 380.06(2) to

20  determine whether the following developments shall be required

21  to undergo development-of-regional-impact review:

22         (d)  Office development.--Any proposed office building

23  or park operated under common ownership, development plan, or

24  management that:

25         1.  Encompasses 300,000 or more square feet of gross

26  floor area, or more than 500,000 square feet of gross floor

27  area in a county with a population greater than 1 million; or

28         2.  Has a total site size of 30 or more acres; or

29         3.  Encompasses more than 600,000 square feet of gross

30  floor area in a county with a population greater than 500,000

31  and only in a geographic area specifically designated as


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                                       CS/HB 2335, First Engrossed



  1  highly suitable for increased threshold intensity in the

  2  approved local comprehensive plan and in the strategic

  3  regional policy plan.

  4         (e)  Port facilities.--The proposed construction of any

  5  waterport or marina is required to undergo

  6  development-of-regional-impact review, except one designed

  7  for:

  8         1.a.  One designed for the wet storage or mooring of

  9  fewer than 150 watercraft used exclusively for sport,

10  pleasure, or commercial fishing, or

11         b.  The dry storage of fewer than 200 watercraft used

12  exclusively for sport, pleasure, or commercial fishing, or

13         b.c.  One designed for the wet or dry storage or

14  mooring of fewer than 150 watercraft on or adjacent to an

15  inland freshwater lake except Lake Okeechobee or any lake

16  which has been designated an Outstanding Florida Water, or

17         c.d.  One designed for the wet or dry storage or

18  mooring of fewer than 50 watercraft of 40 feet in length or

19  less of any type or purpose. The exceptions to this

20  paragraph's requirements for development-of-regional-impact

21  review shall not apply to any waterport or marina facility

22  located within or which serves physical development located

23  within a coastal barrier resource unit on an unbridged barrier

24  island designated pursuant to 16 U.S.C. s. 3501.

25

26  In addition to the foregoing, for projects for which no

27  environmental resource permit or sovereign submerged land

28  lease is required, the Department of Environmental Protection

29  must determine in writing that a proposed marina in excess of

30  10 slips or storage spaces or a combination of the two is

31  located so that it will not adversely impact Outstanding


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                                       CS/HB 2335, First Engrossed



  1  Florida Waters or Class II waters and will not contribute boat

  2  traffic in a manner that will have an adverse impact on an

  3  area known to be, or likely to be, frequented by manatees. If

  4  the Department of Environmental Protection fails to issue its

  5  determination within 45 days of receipt of a formal written

  6  request, it has waived its authority to make such

  7  determination. The Department of Environmental Protection

  8  determination shall constitute final agency action pursuant to

  9  chapter 120.

10         2.  A marina or proposed marina expansion which is:

11         a.  Located within a county identified in s.

12  370.12(2)(f) which has boat speed zone rules adopted by the

13  department or commission; and

14         b.  Consistent with the applicable adopted local

15  government comprehensive plan.

16         3.  A marina or proposed marina expansion within a

17  county other than those identified in s. 370.12(2)(f) which

18  is:

19         a.  Located within a local government jurisdiction

20  which has adopted boat speed zone ordinances to prevent

21  manatee injuries or death in areas where manatee sightings are

22  frequent and where manatees inhabit such areas on a regular

23  and continuous basis; and

24         b.  Consistent with the applicable adopted local

25  government comprehensive plan.

26         4.  A marina or proposed marina expansion within a

27  county other than those identified in s. 370.12(2)(f) which

28  is:

29         a.  Located within a local government jurisdiction

30  where manatee sightings are not frequent and manatees do not

31


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                                       CS/HB 2335, First Engrossed



  1  inhabit such jurisdiction on a regular and continuous basis;

  2  and

  3         b.  Consistent with the applicable adopted local

  4  government comprehensive plan.

  5         2.  The dry storage of fewer than 300 watercraft used

  6  exclusively for sport, pleasure, or commercial fishing at a

  7  marina constructed and in operation prior to July 1, 1985.

  8         3.  Any proposed marina development with both wet and

  9  dry mooring or storage used exclusively for sport, pleasure,

10  or commercial fishing, where the sum of percentages of the

11  applicable wet and dry mooring or storage thresholds equals

12  100 percent. This threshold is in addition to, and does not

13  preclude, a development from being required to undergo

14  development-of-regional-impact review under sub-subparagraphs

15  1.a. and b. and subparagraph 2.

16         (j)  Residential development.--No rule may be adopted

17  concerning residential developments which treats a residential

18  development in one county as being located in a less populated

19  adjacent county unless more than 25 percent of the development

20  is located within 2 or less miles of the less populated

21  adjacent county. However, residential development shall not be

22  treated as though it is in a less populated county if the

23  affected counties have entered into an interlocal agreement to

24  specify development review standards for affected

25  developments.

26         (5)  Nothing contained in this section abridges or

27  modifies any vested or other right or any duty or obligation

28  pursuant to any development order or agreement which is

29  applicable to a development of regional impact on the

30  effective date of this act. An airport, marina, or petroleum

31  storage facility which has received a


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                                       CS/HB 2335, First Engrossed



  1  development-of-regional-impact development order pursuant to

  2  s. 380.06, but is no longer required to undergo

  3  development-of-regional-impact review by operation of

  4  paragraph (3)(e) or s. 380.06(24)(i) or (k), shall be governed

  5  by the following procedures:

  6         (a)  The development shall continue to be governed by

  7  the development-of-regional-impact development order, and may

  8  be completed in reliance upon and pursuant to the development

  9  order. The development-of-regional-impact development order

10  may be enforced by the local government as provided by ss.

11  380.06(17) and 380.11.

12         (b)  If requested by the developer or landowner, the

13  development-of-regional-impact development order may be

14  amended or rescinded by the local government consistent with

15  the local comprehensive plan and land development regulations,

16  and pursuant to the local government procedures governing

17  local development orders.

18         (6)  An airport, marina, or petroleum storage facility

19  with an application for development approval pending on the

20  effective date of this act, or a notification of proposed

21  change pending on the effective date of this act, may elect to

22  continue such review pursuant to s. 380.06. At the conclusion

23  of the pending review, including any appeals pursuant to s.

24  380.07, the resulting development order shall be governed by

25  the provisions of subsection (5).

26         Section 16.  Paragraph (g) of subsection (3) of section

27  163.06, Florida Statutes, is amended to read:

28         163.06  Miami River Commission.--

29         (3)  The policy committee shall have the following

30  powers and duties:

31


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                                       CS/HB 2335, First Engrossed



  1         (g)  Coordinate a joint planning area agreement between

  2  the Department of Community Affairs, the city, and the county

  3  under the provisions of s. 163.3177(11)(a), (b), and (e)(c).

  4         Section 17.  Subsection (4) of section 189.415, Florida

  5  Statutes, is amended to read:

  6         189.415  Special district public facilities report.--

  7         (4)  Those special districts building, improving, or

  8  expanding public facilities addressed by a development order

  9  issued to the developer pursuant to s. 380.06 may use the most

10  recent biennial annual report required by s. 380.06(15) and

11  (18) and submitted by the developer, to the extent the annual

12  report provides the information required by subsection (2).

13         Section 18.  (1)  The Grow Smart Florida Study

14  Commission is created. The commission shall be composed of 25

15  voting members, 10 of whom are to be appointed by the

16  Governor, 7 of whom are to be appointed by the President of

17  the Senate, and 7 of whom are to be appointed by the Speaker

18  of the House of Representatives. In addition, the Secretary of

19  Community Affairs shall serve as a voting member of the

20  commission, and the secretary of the Department of

21  Environmental Protection, the Secretary of Transportation, the

22  Commissioner of Agriculture, and the executive director of the

23  Fish and Wildlife Conservation Commission shall serve as ex

24  officio nonvoting members of the commission. The Governor's

25  appointments must include two appointments from each of the

26  following groups of interests:

27         (a)  Business interests, including, but not limited to,

28  development, lending institutions, real estate, marine

29  industries, and affordable housing.

30         (b)  Environmental interests, including, but not

31  limited to, environmental justice groups, resource-based


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                                       CS/HB 2335, First Engrossed



  1  conservation and outdoor conservation groups, and

  2  environmental quality and conservation groups.

  3         (c)  Agricultural interests, including, but not limited

  4  to, agricultural commodity groups, forestry and general farm

  5  membership organizations, and agricultural financial

  6  institutions.

  7         (d)  Local and regional governments, including, but not

  8  limited to, municipalities, counties, special districts,

  9  metropolitan planning organizations, local government

10  association foundations, and regional planning councils.

11         (e)  Growth management and citizen groups, including,

12  but not limited to, planners, attorneys, engineers, citizen

13  activist groups, homeowner's groups, and architects.

14

15  The President of the Senate and the Speaker of the House of

16  Representatives shall each select one appointment from each of

17  the five categories listed in paragraphs (a)-(e) and shall

18  also appoint two members from their respective houses of the

19  Legislature to serve on the commission. The appointments must

20  be made by July 1, 2000, and the first meeting of the

21  commission shall be held no later than August 1, 2000. The

22  chair of the commission shall be appointed by the Governor

23  prior to its first meeting. Any vacancy occurring in the

24  membership of the commission shall be filled in the same

25  manner as the original appointment.

26         (2)  The members of the commission are entitled to one

27  vote, and action of the commission is not binding unless taken

28  by a three-fifths vote of the members present. However, action

29  of the commission may be taken only at a meeting at which a

30  majority of the commission members are present.

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                                       CS/HB 2335, First Engrossed



  1         (3)  The commission shall review the operation and

  2  implementation of Florida's growth management statutes,

  3  including chapters 163, 186, 187, and 380, Florida Statutes,

  4  and shall make recommendations for improving the system for

  5  managing growth in the state. As part thereof, it shall

  6  identify appropriate goals and desired outcomes for future

  7  planning and growth management efforts at the state, regional,

  8  and local levels, and in so doing, shall consider related

  9  trends and conditions affecting the environment, economy, and

10  quality of life in Florida. It may also establish and appoint

11  any necessary technical advisory committees, which may include

12  commission members and nonmembers. The commission shall, to

13  the extent practicable, specifically address and make

14  recommendations for improving the growth management system

15  with respect to the following issues:

16         (a)  The respective roles and responsibilities of

17  state, regional, and local governmental entities in the

18  preparation, adoption, and compliance review of local

19  government comprehensive plans and plan amendments, including

20  decentralization and the technical and financial assistance

21  needs of local governments to meet their comprehensive

22  planning responsibilities.

23         (b)  The role, responsibilities, and composition of

24  regional planning councils in addressing greater-than-local

25  issues and the relationship of metropolitan planning

26  organizations and their role in addressing local comprehensive

27  plans and regional transportation planning.

28         (c)  The role and responsibilities of citizens in the

29  preparation, adoption, compliance review, and judicial or

30  administrative review of local government comprehensive plans

31  and plan amendments, and the process for enforcement of


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                                       CS/HB 2335, First Engrossed



  1  consistency between comprehensive plans and development orders

  2  pursuant to s. 163.3215.

  3         (d)  Whether the development of regional impact program

  4  should be replaced, repealed, or incorporated in whole or in

  5  part into the local government comprehensive planning process.

  6         (e)  Improving mechanisms for and implementation of

  7  intergovernmental coordination.

  8         (f)  Whether there is adequate protection for property

  9  owners from local and state government land use decisions, and

10  what must be done to ensure that property rights are not

11  abridged.

12         (g)  The fiscal impact on Monroe County of the

13  designation of the Florida Keys area of critical state

14  concern. This review must include the fiscal impact on local

15  government and businesses in the county and on residents of

16  and visitors to the county and must provide an estimate of the

17  overall cost of such designation, since inception, to persons

18  residing in the county.

19         (4)  At least six public hearings must be held by the

20  commission in different regions of the state to solicit input

21  from the public on how they want the state, regional agencies,

22  and their municipalities and counties to manage growth.

23         (5)  The commission shall, by February 1, 2001, provide

24  to the President of the Senate, the Speaker of the House of

25  Representatives, and the Governor a written report containing

26  specific recommendations, including legislative

27  recommendations, for addressing growth management in Florida

28  in the 21st century.

29         (6)  Commission members and the members of any

30  technical advisory committees that are appointed shall not

31  receive remuneration for their services, but members other


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                                       CS/HB 2335, First Engrossed



  1  than public officers and employees shall be entitled to be

  2  reimbursed by the Department of Community Affairs for travel

  3  or per diem expenses in accordance with chapter 112, Florida

  4  Statutes. Public officers and employees shall be reimbursed by

  5  their respective agencies in accordance with chapter 112,

  6  Florida Statutes.

  7         (7)  An executive director shall be selected by the

  8  Governor. The executive director shall report to the

  9  commission. The Department of Community Affairs shall provide

10  other staff and consultants after consultation with the

11  commission. Funding for these expenses shall be provided

12  through the Department of Community Affairs. The commission

13  shall receive supplemental financial and other assistance from

14  other agencies under the Governor's direct supervision and

15  such additional assistance as is appropriate from the

16  Executive Office of the Governor.

17         (8)  All agencies under the control of the Governor and

18  Cabinet are directed, and all other agencies are requested, to

19  render assistance to, and cooperate with, the commission.

20         (9)  The commission shall continue in existence until

21  its objectives are achieved, but not later than February 1,

22  2001.

23         Section 19.  The sum of $275,000 is appropriated from

24  the General Revenue Fund to the Department of Community

25  Affairs Operating Trust Fund to implement the provisions of

26  this act creating the Grow Smart Florida Study Commission.

27  This appropriation is a nonrecurring appropriation.

28         Section 20.  If any provision of this act or the

29  application thereof to any person or circumstance is held

30  invalid, the invalidity shall not affect other provisions or

31  applications of the act which can be given effect without the


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  1  invalid provision or application, and to this end the

  2  provisions of this act are declared severable.

  3         Section 21.  This act shall take effect upon becoming a

  4  law.

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