SENATE AMENDMENT
    Bill No. CS for SB 1826
    Amendment No. 2   Barcode 363990
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Finance and Taxation recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 21, between lines 6 and 7,
16  
17  insert:  
18         Section 2.  Subsection (11) of section 163.3177,
19  Florida Statutes, is amended to read:
20         (11)(a)  The Legislature recognizes the need for
21  innovative planning and development strategies which will
22  address the anticipated demands of continued urbanization of
23  Florida's coastal and other environmentally sensitive areas,
24  and which will accommodate the development of less populated
25  regions of the state which seek economic development and which
26  have suitable land and water resources to accommodate growth
27  in an environmentally acceptable manner.  The Legislature
28  further recognizes the substantial advantages of innovative
29  approaches to development which may better serve to protect
30  environmentally sensitive areas, maintain the economic
31  viability of agricultural and other predominantly rural land
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SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 uses, and provide for the cost-efficient delivery of public 2 facilities and services. 3 (b) It is the intent of the Legislature that the local 4 government comprehensive plans and plan amendments adopted 5 pursuant to the provisions of this part provide for a planning 6 process which allows for land use efficiencies within existing 7 urban areas and which also allows for the conversion of rural 8 lands to other uses, where appropriate and consistent with the 9 other provisions of this part and the affected local 10 comprehensive plans, through the application of innovative and 11 flexible planning and development strategies and creative land 12 use planning techniques, which may include, but not be limited 13 to, urban villages, new towns, satellite communities, 14 area-based allocations, clustering and open space provisions, 15 mixed-use development, and sector planning. 16 (c) It is the further intent of the Legislature that 17 local government comprehensive plans and implementing land 18 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 (d)1. The department, in cooperation with the 23 Department of Agriculture and Consumer Services, shall provide 24 assistance to local governments in the implementation of this 25 paragraph and s. 9J-5.006(5)(l), Florida Administrative Code. 26 Implementation of those provisions shall include a process by 27 which the department may authorize up to five local 28 governments to designate all or portions of lands classified 29 in the future land use element as predominantly agricultural, 30 rural, open, open-rural, or a substantively equivalent land 31 use, as a rural land stewardship area within which planning 2 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 and economic incentives are applied to encourage the 2 implementation of innovative and flexible planning and 3 development strategies and creative land use planning 4 techniques pursuant to the provisions of s. 9J-5.006(5)(l), 5 Florida Administrative Code. 6 2. The department shall encourage participation by 7 local governments of different sizes and rural 8 characteristics. It is the intent of the Legislature that 9 rural land stewardship areas be used to further the following 10 broad principles of rural sustainability: restoration and 11 maintenance of the economic value of rural land; control of 12 urban sprawl; identification and protection of ecosystems, 13 habitats, and natural resources; promotion of rural economic 14 development; maintenance of the viability of Florida's 15 agricultural economy; and protection of the character of rural 16 areas of Florida. 17 3. A local government may apply to the department in 18 writing requesting consideration for authorization and shall 19 describe its reasons for applying for the authorization with 20 supporting documentation regarding its compliance with 21 criteria set forth in this section. 22 4. In selecting a local government, the department 23 shall, by written agreement: 24 a. Ensure that the local government has expressed its 25 intent to establish a rural land stewardship area pursuant to 26 the provisions of this subsection. 27 b. Ensure that the local government has the financial 28 and administrative capabilities to implement a rural land 29 stewardship area. 30 5. The written agreement shall include the basis for 31 the authorization and provide criteria for evaluating the 3 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 success of the authorization including the extent to which the 2 rural land stewardship area enhances rural land values; 3 controls urban sprawl; provides necessary open space for 4 agriculture and protection of the natural environment; 5 promotes rural economic development; and maintains rural 6 character and the economic viability of agriculture. The 7 department may terminate the agreement at any time if it 8 determines that the local government is not meeting the terms 9 of the agreement. 10 6. A rural land stewardship area shall be not less 11 than 50,000 acres and shall not exceed 400,000 acres in size 12 and shall be located outside of municipalities and established 13 urban growth boundaries. The plan amendment designating a 14 rural land stewardship area shall be subject to review by the 15 Department of Community Affairs pursuant to s. 163.3184, and 16 shall provide for the following: 17 a. Criteria for the designation of receiving areas 18 within rural land stewardship areas in which innovative 19 planning and development strategies may be applied. Criteria 20 shall at a minimum provide for the following: adequacy of 21 suitable land to accommodate development so as to avoid 22 conflict with environmentally sensitive areas, resources, and 23 habitats; compatibility between and transition from higher 24 density uses to lower intensity rural uses; the establishment 25 of receiving areas service boundaries that provide for a 26 separation between receiving areas and other land uses within 27 the rural land stewardship area through limitations on the 28 extension of services; and connection of receiving areas with 29 the rest of the rural land stewardship area using rural design 30 and rural road corridors. 31 b. Goals, objectives, and policies setting forth the 4 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 innovative planning and development strategies to be applied 2 within rural land stewardship areas pursuant to the provisions 3 of this section. 4 c. A process for the implementation of innovative 5 planning and development strategies within the rural land 6 stewardship area, including those described in this subsection 7 and s. 9J-5.006(5)(l), Florida Administrative Code, which 8 provide for a functional mix of land uses and which are 9 applied through the adoption by the local government of zoning 10 and land development regulations developed for the rural land 11 stewardship area. 12 d. A process which encourages visioning pursuant to s. 13 163.3167(11) and ensures that innovative planning and 14 development strategies and plan amendments adopted to 15 implement this section comply with applicable state, regional, 16 and local plans, rules, and development regulations. 17 e. The control of sprawl through the use of innovative 18 strategies and creative land use techniques consistent with 19 the provisions of this subsection and Rule 9J-5.006(5)(l), 20 Florida Administrative Code. 21 7. Upon the adoption of a plan amendment creating a 22 rural land stewardship area, the local government shall, by 23 ordinance, assign to the area a certain number of credits, to 24 be known as "transferable rural land use credits", which do 25 not constitute a right to develop land, nor increase density 26 of land, except as provided by this section. The total amount 27 of transferable rural land use credits assigned to the rural 28 land stewardship area must correspond to the 25-year or 29 greater projected population of the rural land stewardship 30 area. Transferable rural land use credits are subject to the 31 following limitations: 5 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 a. Transferable rural land use credits may only exist 2 within a rural land stewardship area. 3 b. Transferable rural land use credits may only be 4 used on lands designated as receiving areas and then solely 5 for the purpose of implementing innovative planning and 6 development strategies and creative land use planning 7 techniques adopted by the local government pursuant to this 8 section. 9 c. Transferable rural land use credits assigned to a 10 parcel of land within a rural land stewardship area shall 11 cease to exist if the parcel of land is removed from the rural 12 land stewardship area by plan amendment. 13 d. Neither the creation of the rural land stewardship 14 area by plan amendment nor the assignment of transferable 15 rural land use credits by the local government shall operate 16 to displace the underlying density of land uses assigned to a 17 parcel of land within the rural land stewardship area; 18 however, if transferable rural land use credits are 19 transferred from a parcel of land for use within a designated 20 receiving area, the underlying density assigned to the parcel 21 of land shall cease to exist. 22 e. The underlying density on each parcel of land 23 located within a rural land stewardship area shall not be 24 increased or decreased by the local government, except as a 25 result of the conveyance or use of transferable rural land use 26 credits, as long as the parcel remains within the rural land 27 stewardship area. 28 f. Transferable rural land use credits cease to exist 29 on a parcel of land where the underlying density assigned to 30 the parcel of land is utilized. 31 g. An increase in the density of use on a parcel of 6 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 land located within a designated receiving area may occur only 2 through the assignment or use of transferable rural land use 3 credits and shall not require a plan amendment. 4 h. A change in the density of land use on a parcel of 5 land located within a receiving area shall be specified in a 6 development order which reflects the total number of 7 transferable rural land use credits assigned to the parcel of 8 land and the infrastructure, other land uses, and support 9 services necessary to provide for a functional mix of land 10 uses corresponding to the plan of development for the 11 receiving area. 12 i. Land within a rural land stewardship area may be 13 removed from the rural land stewardship area through a plan 14 amendment. 15 j. Transferable rural land use credits may be assigned 16 at different ratios of credits per acre according to the land 17 use remaining following the transfer of credits, with the 18 highest number of credits per acre assigned to preserve 19 environmentally valuable land and a lesser number of credits 20 to be assigned to open space and agricultural land. 21 k. The use or conveyance of transferable rural land 22 use credits must be recorded in the public records of the 23 county in which the property is located as a covenant or 24 restrictive easement running with the land in favor of the 25 county and either the Department of Environmental Protection, 26 Department of Agriculture and Consumer Services, a water 27 management district, or a recognized statewide land trust. 28 8. Owners of land within rural land stewardship areas 29 should be provided incentives to enter into rural land 30 stewardship agreements with state agencies, water management 31 districts, and local governments to achieve mutually agreed 7 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 upon conservation objectives. Such incentives may include, 2 but not be limited to, the following: 3 a. Opportunity to accumulate transferable mitigation 4 credits. 5 b. Long-term permits for the consumptive use of water. 6 c. Opportunities for recreational leases and 7 ecotourism. 8 d. Payment for specified land management services. 9 e. Option agreements for sale to government, in either 10 fee or easement, upon achievement of conservation objectives. 11 9. The department shall report to the Legislature on 12 an annual basis on the results of implementation of rural land 13 stewardship areas authorized by the department, including 14 successes and failures in achieving the intent of the 15 Legislature as expressed in this paragraph. It is further the 16 intent of the Legislature that the success of authorized rural 17 land stewardship areas be substantiated before implemention 18 occurs on a statewide basis. 19 (e)(d) The implementation of this subsection shall be 20 subject to the provisions of this chapter, chapters 186 and 21 187, and applicable agency rules. 22 (f)(e) The department may adopt rules to shall 23 implement the provisions of this subsection by rule. 24 25 (Redesignate subsequent sections.) 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 On page 1, between lines 28 and 29, 31 8 2:56 PM 04/19/01 s1826.ft.02
SENATE AMENDMENT Bill No. CS for SB 1826 Amendment No. 2 Barcode 363990 1 insert: 2 amending s. 163.3177; F.S.; authorizing the 3 designation of up to five rural land 4 stewardship areas; providing criteria; creating 5 transferable rural land use credits; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 2:56 PM 04/19/01 s1826.ft.02