Senate Bill sb1464c1

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    Florida Senate - 2002                           CS for SB 1464

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senator Constantine




    316-1977C-02

  1                      A bill to be entitled

  2         An act relating to growth management; creating

  3         s. 163.3246, F.S.; creating a Local Government

  4         Comprehensive Planning certification Program to

  5         be administered by the Department of Community

  6         Affairs; defining the purpose of the

  7         certification area to designate areas that are

  8         appropriate for urban growth within a 10-year

  9         timeframe; providing for certification

10         criteria; specifying the contents of the

11         certification agreement; providing evaluation

12         criteria; authorizing the Department of

13         Community Affairs to adopt procedural rules;

14         providing for the revocation of certification

15         agreements; providing for the rights of

16         affected persons to challenge local government

17         compliance with certification agreements;

18         eliminating state and regional review of

19         certain local comprehensive plan amendments

20         within certified areas; providing exceptions;

21         providing for the periodic review of a local

22         government's certification by the Department of

23         Community Affairs; requiring the submission of

24         biennial reports to the Governor and

25         Legislature; providing for review of the

26         certification program by the Office of Program

27         Policy Analysis and Government Accountability;

28         amending s. 163.3191, F.S.; requiring local

29         governments within coastal high-hazard areas to

30         address certain issues in the evaluation and

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    Florida Senate - 2002                           CS for SB 1464
    316-1977C-02




  1         appraisal of their comprehensive plans;

  2         providing an effective date.

  3

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

  5

  6         Section 1.  Section 163.3246, Florida Statutes, is

  7  created to read:

  8         163.3246  Local government comprehensive planning

  9  certification program.--

10         (1)  There is created the Local Government

11  Comprehensive Planning Certification Program to be

12  administered by the Department of Community Affairs. The

13  purpose of the program is to create a certification process

14  for local governments who identify a geographic area for

15  certification within which they commit to directing growth and

16  who, because of a demonstrated record of effectively adopting,

17  implementing, and enforcing its comprehensive plan, the level

18  of technical planning experience exhibited by the local

19  government, and a commitment to implement exemplary planning

20  practices, require less state and regional oversight of the

21  comprehensive plan amendment process. The purpose of the

22  certification area is to designate areas that are contiguous,

23  compact, and appropriate for urban growth and development

24  within a 10-year planning timeframe. Municipalities and

25  counties are encouraged to jointly establish the certification

26  area, and subsequently enter into joint certification

27  agreement with the department.

28         (2)  In order to be eligible for certification under

29  the program, the local government must:

30         (a)  Demonstrate a record of effectively adopting,

31  implementing, and enforcing its comprehensive plan;

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    Florida Senate - 2002                           CS for SB 1464
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  1         (b)  Demonstrate technical, financial, and

  2  administrative expertise to implement the provisions of this

  3  part without state oversight;

  4         (c)  Obtain comments from the state and regional review

  5  agencies regarding the appropriateness of the proposed

  6  certification;

  7         (d)  Hold at least one public hearing soliciting public

  8  input concerning the local government's proposal for

  9  certification; and

10         (e)  Demonstrate that it has adopted programs in its

11  local comprehensive plan and land development regulations

12  which:

13         1.  Promote infill development and redevelopment,

14  including prioritized and timely permitting processes in which

15  applications for local development permits within the

16  certification area are acted upon expeditiously for proposed

17  development that is consistent with the local comprehensive

18  plan.

19         2.  Promote the development of housing for low-income

20  and very-low-income households or specialized housing to

21  assist elderly and disabled persons to remain at home or in

22  independent living arrangements.

23         3.  Achieve effective intergovernmental coordination

24  and address the extrajurisdictional effects of development

25  within the certified area.

26         4.  Promote economic diversity and growth while

27  encouraging the retention of rural character, where rural

28  areas exist, and the protection and restoration of the

29  environment.

30         5.  Provide and maintain public urban and rural open

31  space and recreational opportunities.

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    Florida Senate - 2002                           CS for SB 1464
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  1         6.  Manage transportation and land uses to support

  2  public transit and promote opportunities for pedestrian and

  3  nonmotorized transportation.

  4         7.  Use design principles to foster individual

  5  community identity, create a sense of place, and promote

  6  pedestrian-oriented safe neighborhoods and town centers.

  7         8.  Redevelop blighted areas.

  8         9.  Adopt a local mitigation strategy and have programs

  9  to improve disaster preparedness and the ability to protect

10  lives and property, especially in coastal high-hazard areas.

11         10.  Encourage clustered, mixed-use development that

12  incorporates greenspace and residential development within

13  walking distance of commercial development.

14         11.  Encourage urban infill at appropriate densities

15  and intensities and separate urban and rural uses and

16  discourage urban sprawl while preserving public open space and

17  planning for buffer-type land uses and rural development

18  consistent with their respective character along and outside

19  the certification area.

20         12.  Assure protection of key natural areas and

21  agricultural lands that are identified using state and local

22  inventories of natural areas. Key natural areas include, but

23  are not limited to:

24         a.  Wildlife corridors.

25         b.  Lands with high native biological diversity,

26  important areas for threatened and endangered species, species

27  of special concern, migratory bird habitat, and intact natural

28  communities.

29         c.  Significant surface waters and springs, aquatic

30  preserves, wetlands, and outstanding Florida waters.

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    Florida Senate - 2002                           CS for SB 1464
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  1         d.  Water resources suitable for preservation of

  2  natural systems and for water resource development.

  3         e.  Representative and rare native Florida natural

  4  systems.

  5         13.  Ensure the cost-efficient provision of public

  6  infrastructure and services.

  7         (3)  Portions of local governments located within areas

  8  of critical state concern cannot be included in a

  9  certification area.

10         (4)  A local government or group of local governments

11  seeking certification of all or part of a jurisdiction or

12  jurisdictions must submit an application to the department

13  which demonstrates that the area sought to be certified meets

14  the criteria of subsections (2) and (5). The application shall

15  include copies of the applicable local government

16  comprehensive plan, land development regulations, interlocal

17  agreements, and other relevant information supporting the

18  eligibility criteria for designation. Upon receipt of a

19  complete application, the department must provide the local

20  government with an initial response to the application within

21  90 days after receipt of the application.

22         (5)  If the local government meets the eligibility

23  criteria of subsection (2), the department shall certify all

24  or part of a local government by written agreement, which

25  shall be considered final agency action subject to challenge

26  under s. 120.569. The agreement must include the following

27  components:

28         (a)  The basis for certification.

29         (b)  The boundary of the certification area, which

30  encompasses areas that are contiguous, compact, appropriate

31  for urban growth and development, and in which public

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    Florida Senate - 2002                           CS for SB 1464
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  1  infrastructure is existing or planned within a 10-year

  2  planning timeframe. The certification area is required to

  3  include sufficient land to accommodate projected population

  4  growth, housing demand, including choice in housing types and

  5  affordability, job growth and employment, appropriate

  6  densities and intensities of use to be achieved in new

  7  development and redevelopment, existing or planned

  8  infrastructure, including transportation and central water and

  9  sewer facilities. The certification area must be adopted as

10  part of the local government's comprehensive plan.

11         (c)  A demonstration that the capital-improvements plan

12  governing the certified area is updated annually.

13         (d)  A visioning plan or a schedule for the development

14  of a visioning plan.

15         (e)  A description of baseline conditions related to

16  the evaluation criteria in paragraph (g) in the certified

17  area.

18         (f)  A work program setting forth specific planning

19  strategies and projects that will be undertaken to achieve

20  improvement in the baseline conditions as measured by the

21  criteria identified in paragraph (g).

22         (g)  Criteria to evaluate the effectiveness of the

23  certification process in achieving the community-development

24  goals for the certification area including:

25         1.  Measuring the compactness of growth, expressed as

26  the ratio between population growth and land consumed;

27         2.  Increasing residential density and intensities of

28  use;

29         3.  Measuring and reducing vehicle miles traveled and

30  increasing the interconnectedness of the street system,

31  pedestrian access, and mass transit;

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    Florida Senate - 2002                           CS for SB 1464
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  1         4.  Measuring the balance between the location of jobs

  2  and housing;

  3         5.  Improving the housing mix within the certification

  4  area, including the provision of mixed-use neighborhoods,

  5  affordable housing, and the creation of an affordable housing

  6  program if such a program is not already in place;

  7         6.  Promoting mixed-use developments as an alternative

  8  to single-purpose centers;

  9         7.  Promoting clustered development having dedicated

10  open space;

11         8.  Linking commercial, educational, and recreational

12  uses directly to residential growth;

13         9.  Reducing per capita water and energy consumption;

14         10.  Prioritizing environmental features to be

15  protected and adopting measures or programs to protect

16  identified features;

17         11.  Reducing hurricane shelter deficits and evacuation

18  times and implementing the adopted mitigation strategies; and

19         12.  Improving coordination between the local

20  government and school board.

21         (h)  A commitment to change any land development

22  regulations that restrict compact development and adopt

23  alternative design codes that encourage desirable densities

24  and intensities of use and patterns of compact development

25  identified in the agreement.

26         (i)  A plan for increasing public participation in

27  comprehensive planning and land use decision making which

28  includes outreach to neighborhood and civic associations

29  through community planning initiatives.

30         (j)  A demonstration that the intergovernmental

31  coordination element of the local government's comprehensive

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    Florida Senate - 2002                           CS for SB 1464
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  1  plan includes joint processes for coordination between the

  2  school board and local government pursuant to s.

  3  163.3177(6)(h)2. and other requirements of law.

  4         (k)  A method of addressing the extrajurisdictional

  5  effects of development within the certified area which is

  6  integrated by amendment into the intergovernmental

  7  coordination element of the local government comprehensive

  8  plan.

  9         (l)  A requirement for the annual reporting to the

10  department of plan amendments adopted during the year, and the

11  progress of the local government in meeting the terms and

12  conditions of the certification agreement. Prior to the

13  deadline for the annual report, the local government must hold

14  a public hearing soliciting public input on the progress of

15  the local government in satisfying the terms of the

16  certification agreement.

17         (m)  An expiration date that is no later than 10 years

18  after execution of the agreement.

19         (6)  The department may enter up to eight new

20  certification agreements each fiscal year. The department

21  shall adopt procedural rules governing the application and

22  review of local government requests for certification. Such

23  procedural rules may establish a phased schedule for review of

24  local government requests for certification.

25         (7)  The department shall revoke the local government's

26  certification if it determines that the local government is

27  not substantially complying with the terms of the agreement.

28         (8)  An affected person, as defined by s.

29  163.3184(1)(a), may petition for administrative hearing

30  alleging that a local government is not substantially

31  complying with the terms of the agreement, using the

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    Florida Senate - 2002                           CS for SB 1464
    316-1977C-02




  1  procedures and timeframes for notice and conditions precedent

  2  described in s. 163.3213. Such a petition must be filed within

  3  30 days after the annual public hearing required by paragraph

  4  (5)(l).

  5         (9)(a)  Upon certification all comprehensive plan

  6  amendments associated with the area certified must be adopted

  7  and reviewed in the manner described in ss. 163.3184(1), (2),

  8  (7), (14), (15), and (16) and 163.3187, such that state and

  9  regional agency review is eliminated. The department may not

10  issue any objections, recommendations, and comments report on

11  proposed plan amendments or a notice of intent on adopted plan

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

13  163.3184(1)(a), may file a petition for administrative review

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

15  the compliance of an adopted plan amendment.

16         (b)  Plan amendments that change the boundaries of the

17  certification area; propose a rural land stewardship area

18  pursuant to s. 163.3177(11)(d); propose an optional sector

19  plan pursuant to s. 163.3245; propose a school facilities

20  element; update a comprehensive plan based on an evaluation

21  and appraisal report; impact lands outside the certification

22  boundary; implement new statutory requirements that require

23  specific comprehensive plan amendments; or increase hurricane

24  evacuation times or the need for shelter capacity on lands

25  within the coastal high hazard area shall be reviewed pursuant

26  to ss. 163.3184 and 163.3187.

27         (10)  A local government's certification shall be

28  reviewed by the local government and the department as part of

29  the evaluation and appraisal process pursuant to s. 163.3191.

30  Within 1 year after the deadline for the local government to

31  update its comprehensive plan based on the evaluation and

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    Florida Senate - 2002                           CS for SB 1464
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  1  appraisal report, the department shall renew or revoke the

  2  certification. The local government's failure to adopt a

  3  timely evaluation and appraisal report, failure to adopt an

  4  evaluation and appraisal report found to be sufficient, or

  5  failure to timely adopt amendments based on an evaluation and

  6  appraisal report found to be in compliance by the department

  7  shall be cause for revoking the certification agreement. The

  8  department's decision to renew or revoke shall be considered

  9  agency action subject to challenge under s. 120.569.

10         (11)  The department shall, by July 1 of each

11  odd-numbered year, submit to the Governor, the President of

12  the Senate, and the Speaker of the House of Representatives a

13  report listing certified local governments, evaluating the

14  effectiveness of the certification, and including any

15  recommendations for legislative actions.

16         (12)  The Office of Program Policy Analysis and

17  Government Accountability shall prepare a report evaluating

18  the certification program, which shall be submitted to the

19  Governor, the President of the Senate, and the Speaker of the

20  House of Representatives by December 1, 2007.

21         Section 2.  Paragraph (l) is added to subsection (2) of

22  section 163.3191, Florida Statutes, to read:

23         163.3191  Evaluation and appraisal of comprehensive

24  plan.--

25         (2)  The report shall present an evaluation and

26  assessment of the comprehensive plan and shall contain

27  appropriate statements to update the comprehensive plan,

28  including, but not limited to, words, maps, illustrations, or

29  other media, related to:

30         (l)  If any of the jurisdiction of the local government

31  is located within the coastal high-hazard area, an evaluation

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    Florida Senate - 2002                           CS for SB 1464
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  1  of whether any past reduction in land use density impairs the

  2  property rights of current residents when redevelopment

  3  occurs, including, but not limited to, redevelopment following

  4  a natural disaster. The local government must identify

  5  strategies to address redevelopment feasibility and the

  6  property rights of affected residents. These strategies may

  7  include the authorization of redevelopment up to the actual

  8  built density in existence on the property prior to the

  9  natural disaster or redevelopment.

10         Section 3.  This act shall take effect upon becoming a

11  law.

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13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 1464

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16  Creates a Local Government Comprehensive Planning
    Certification program to be administered by the Department of
17  Community Affairs (DCA) to reward local governments who: 1)
    direct growth to areas within a certification boundary; 2)
18  have a record of effectively implementing and enforcing their
    local comprehensive plan; and 3) agree to implement certain
19  exemplary planning practices, with less state and regional
    oversight over the comprehensive plan amendment process. The
20  bill includes eligibility criteria, defines the content of
    certification agreements, and provides for the oversight and
21  revocation of a local government's certification.

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