HB 0435 2003
1	CHAMBER ACTION
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6	The Committee on Natural Resources recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to coastal redevelopment hazard
12	mitigation; providing a popular name; amending s.
13	163.3164, F.S.; defining the term "local hazard mitigation
14	strategy"; amending s. 163.3177, F.S.; providing an
15	additional requirement in the comprehensive plan
16	concerning hazard mitigation; amending s. 163.3178, F.S.;
17	revising language with respect to coastal management;
18	authorizing a demonstration project in certain counties to
19	allow for the redevelopment of coastal areas within the
20	designated coastal high hazard area; providing conditions;
21	providing for application by a local government; providing
22	for a written agreement between the state land planning
23	agency and the local government; providing for a progress
24	report; amending ss. 186.515, 288.975, and 369.303, F.S.;
25	correcting cross references, to conform; providing an
26	effective date.
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28	Be It Enacted by the Legislature of the State of Florida:
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30	Section 1. Popular name.--This act shall be known by the
31	popular name the “Coastal Redevelopment Hazard Mitigation
32	Demonstration Project Act.”
33	Section 2. Section 163.3164, Florida Statutes, is amended
34	to read:
35	163.3164 Local Government Comprehensive Planning and Land
36	Development Regulation Act; definitions.--As used in this act:
37	(1) "Administration Commission" means the Governor and the
38	Cabinet, and for purposes of this chapter the commission shall
39	act on a simple majority vote, except that for purposes of
40	imposing the sanctions provided in s. 163.3184(11), affirmative
41	action shall require the approval of the Governor and at least
42	three other members of the commission.
43	(2) "Area" or "area of jurisdiction" means the total area
44	qualifying under the provisions of this act, whether this be all
45	of the lands lying within the limits of an incorporated
46	municipality, lands in and adjacent to incorporated
47	municipalities, all unincorporated lands within a county, or
48	areas comprising combinations of the lands in incorporated
49	municipalities and unincorporated areas of counties.
50	(3) "Coastal area" means the 35 coastal counties and all
51	coastal municipalities within their boundaries designated
52	coastal by the state land planning agency.
53	(4) "Comprehensive plan" means a plan that meets the
54	requirements of ss. 163.3177 and 163.3178.
55	(5) "Developer" means any person, including a governmental
56	agency, undertaking any development as defined in this act.
57	(6) "Development" has the meaning given it in s. 380.04.
58	(7) "Development order" means any order granting, denying,
59	or granting with conditions an application for a development
60	permit.
61	(8) "Development permit" includes any building permit,
62	zoning permit, subdivision approval, rezoning, certification,
63	special exception, variance, or any other official action of
64	local government having the effect of permitting the development
65	of land.
66	(9) "Governing body" means the board of county
67	commissioners of a county, the commission or council of an
68	incorporated municipality, or any other chief governing body of
69	a unit of local government, however designated, or the
70	combination of such bodies where joint utilization of the
71	provisions of this act is accomplished as provided herein.
72	(10) "Governmental agency" means:
73	(a) The United States or any department, commission,
74	agency, or other instrumentality thereof.
75	(b) This state or any department, commission, agency, or
76	other instrumentality thereof.
77	(c) Any local government, as defined in this section, or
78	any department, commission, agency, or other instrumentality
79	thereof.
80	(d) Any school board or other special district, authority,
81	or governmental entity.
82	(11) "Land" means the earth, water, and air, above, below,
83	or on the surface, and includes any improvements or structures
84	customarily regarded as land.
85	(12) "Land use" means the development that has occurred on
86	the land, the development that is proposed by a developer on the
87	land, or the use that is permitted or permissible on the land
88	under an adopted comprehensive plan or element or portion
89	thereof, land development regulations, or a land development
90	code, as the context may indicate.
91	(13) "Local government" means any county or municipality.
92	(14) "Local hazard mitigation strategy" means a local plan
93	required under Section 322, Mitigation Planning, of the Robert
94	T. Stafford Disaster Relief and Emergency Assistance Act,
95	enacted by Section 104 of the Disaster Mitigation Act of 2000,
96	Pub. L. No. 106-390, to promote hazard mitigation and to manage
97	disaster redevelopment.
98	(15)(14)"Local planning agency" means the agency
99	designated to prepare the comprehensive plan or plan amendments
100	required by this act.
101	(16)(15)A "newspaper of general circulation" means a
102	newspaper published at least on a weekly basis and printed in
103	the language most commonly spoken in the area within which it
104	circulates, but does not include a newspaper intended primarily
105	for members of a particular professional or occupational group,
106	a newspaper whose primary function is to carry legal notices, or
107	a newspaper that is given away primarily to distribute
108	advertising.
109	(17)(16)"Parcel of land" means any quantity of land
110	capable of being described with such definiteness that its
111	locations and boundaries may be established, which is designated
112	by its owner or developer as land to be used, or developed as, a
113	unit or which has been used or developed as a unit.
114	(18)(17)"Person" means an individual, corporation,
115	governmental agency, business trust, estate, trust, partnership,
116	association, two or more persons having a joint or common
117	interest, or any other legal entity.
118	(19)(18)"Public notice" means notice as required by s.
119	125.66(2) for a county or by s. 166.041(3)(a) for a
120	municipality. The public notice procedures required in this part
121	are established as minimum public notice procedures.
122	(20)(19)"Regional planning agency" means the agency
123	designated by the state land planning agency to exercise
124	responsibilities under law in a particular region of the state.
125	(21)(20)"State land planning agency" means the Department
126	of Community Affairs.
127	(22)(21)"Structure" has the meaning given it by s.
128	380.031(19).
129	(23)(22)"Land development regulation commission" means a
130	commission designated by a local government to develop and
131	recommend, to the local governing body, land development
132	regulations which implement the adopted comprehensive plan and
133	to review land development regulations, or amendments thereto,
134	for consistency with the adopted plan and report to the
135	governing body regarding its findings. The responsibilities of
136	the land development regulation commission may be performed by
137	the local planning agency.
138	(24)(23)"Land development regulations" means ordinances
139	enacted by governing bodies for the regulation of any aspect of
140	development and includes any local government zoning, rezoning,
141	subdivision, building construction, or sign regulations or any
142	other regulations controlling the development of land, except
143	that this definition shall not apply in s. 163.3213.
144	(25)(24)"Public facilities" means major capital
145	improvements, including, but not limited to, transportation,
146	sanitary sewer, solid waste, drainage, potable water,
147	educational, parks and recreational, and health systems and
148	facilities, and spoil disposal sites for maintenance dredging
149	located in the intracoastal waterways, except for spoil disposal
150	sites owned or used by ports listed in s. 403.021(9)(b).
151	(26)(25)"Downtown revitalization" means the physical and
152	economic renewal of a central business district of a community
153	as designated by local government, and includes both downtown
154	development and redevelopment.
155	(27)(26)"Urban redevelopment" means demolition and
156	reconstruction or substantial renovation of existing buildings
157	or infrastructure within urban infill areas or existing urban
158	service areas.
159	(28)(27)"Urban infill" means the development of vacant
160	parcels in otherwise built-up areas where public facilities such
161	as sewer systems, roads, schools, and recreation areas are
162	already in place and the average residential density is at least
163	five dwelling units per acre, the average nonresidential
164	intensity is at least a floor area ratio of 1.0 and vacant,
165	developable land does not constitute more than 10 percent of the
166	area.
167	(29)(28)"Projects that promote public transportation"
168	means projects that directly affect the provisions of public
169	transit, including transit terminals, transit lines and routes,
170	separate lanes for the exclusive use of public transit services,
171	transit stops (shelters and stations), office buildings or
172	projects that include fixed-rail or transit terminals as part of
173	the building, and projects which are transit oriented and
174	designed to complement reasonably proximate planned or existing
175	public facilities.
176	(30)(29)"Existing urban service area" means built-up
177	areas where public facilities and services such as sewage
178	treatment systems, roads, schools, and recreation areas are
179	already in place.
180	(31)(30)"Transportation corridor management" means the
181	coordination of the planning of designated future transportation
182	corridors with land use planning within and adjacent to the
183	corridor to promote orderly growth, to meet the concurrency
184	requirements of this chapter, and to maintain the integrity of
185	the corridor for transportation purposes.
186	(32)(31)"Optional sector plan" means an optional process
187	authorized by s. 163.3245 in which one or more local governments
188	by agreement with the state land planning agency are allowed to
189	address development-of-regional-impact issues within certain
190	designated geographic areas identified in the local
191	comprehensive plan as a means of fostering innovative planning
192	and development strategies in s. 163.3177(11)(a) and (b),
193	furthering the purposes of this part and part I of chapter 380,
194	reducing overlapping data and analysis requirements, protecting
195	regionally significant resources and facilities, and addressing
196	extrajurisdictional impacts.
197	Section 3. Paragraphs (a) and (g) of subsection (6) of
198	section 163.3177, Florida Statutes, are amended to read:
199	163.3177 Required and optional elements of comprehensive
200	plan; studies and surveys.--
201	(6) In addition to the requirements of subsections (1)-
202	(5), the comprehensive plan shall include the following
203	elements:
204	(a) A future land use plan element designating proposed
205	future general distribution, location, and extent of the uses of
206	land for residential uses, commercial uses, industry,
207	agriculture, recreation, conservation, education, public
208	buildings and grounds, other public facilities, and other
209	categories of the public and private uses of land. Each future
210	land use category must be defined in terms of uses included, and
211	must include standards to be followed in the control and
212	distribution of population densities and building and structure
213	intensities. The proposed distribution, location, and extent of
214	the various categories of land use shall be shown on a land use
215	map or map series which shall be supplemented by goals,
216	policies, and measurable objectives. The future land use plan
217	shall be based upon surveys, studies, and data regarding the
218	area, including the amount of land required to accommodate
219	anticipated growth; the projected population of the area; the
220	character of undeveloped land; the availability of public
221	services; the vulnerability to natural hazards and hazard
222	mitigation;the need for redevelopment, including the renewal of
223	blighted areas and the elimination of nonconforming uses which
224	are inconsistent with the character of the community; and, in
225	rural communities, the need for job creation, capital
226	investment, and economic development that will strengthen and
227	diversify the community's economy. The future land use plan may
228	designate areas for future planned development use involving
229	combinations of types of uses for which special regulations may
230	be necessary to ensure development in accord with the principles
231	and standards of the comprehensive plan and this act. In
232	addition, for rural communities, the amount of land designated
233	for future planned industrial use shall be based upon surveys
234	and studies that reflect the need for job creation, capital
235	investment, and the necessity to strengthen and diversify the
236	local economies, and shall not be limited solely by the
237	projected population of the rural community. The future land use
238	plan of a county may also designate areas for possible future
239	municipal incorporation. The land use maps or map series shall
240	generally identify and depict historic district boundaries and
241	shall designate historically significant properties meriting
242	protection. The future land use element must clearly identify
243	the land use categories in which public schools are an allowable
244	use. When delineating the land use categories in which public
245	schools are an allowable use, a local government shall include
246	in the categories sufficient land proximate to residential
247	development to meet the projected needs for schools in
248	coordination with public school boards and may establish
249	differing criteria for schools of different type or size. Each
250	local government shall include lands contiguous to existing
251	school sites, to the maximum extent possible, within the land
252	use categories in which public schools are an allowable use. All
253	comprehensive plans must comply with the school siting
254	requirements of this paragraph no later than October 1, 1999.
255	The failure by a local government to comply with these school
256	siting requirements by October 1, 1999, will result in the
257	prohibition of the local government's ability to amend the local
258	comprehensive plan, except for plan amendments described in s.
259	163.3187(1)(b), until the school siting requirements are met.
260	Amendments proposed by a local government for purposes of
261	identifying the land use categories in which public schools are
262	an allowable use or for adopting or amending the school-siting
263	maps pursuant to s. 163.31776(3) are exempt from the limitation
264	on the frequency of plan amendments contained in s. 163.3187.
265	The future land use element shall include criteria that
266	encourage the location of schools proximate to urban residential
267	areas to the extent possible and shall require that the local
268	government seek to collocate public facilities, such as parks,
269	libraries, and community centers, with schools to the extent
270	possible and to encourage the use of elementary schools as focal
271	points for neighborhoods. For schools serving predominantly
272	rural counties, defined as a county with a population of 100,000
273	or fewer, an agricultural land use category shall be eligible
274	for the location of public school facilities if the local
275	comprehensive plan contains school siting criteria and the
276	location is consistent with such criteria.
277	(g) For those units of local government identified in s.
278	380.24, a coastal management element, appropriately related to
279	the particular requirements of paragraphs (d) and (e) and
280	meeting the requirements of s. 163.3178(2) and (3). The coastal
281	management element shall set forth the policies that shall guide
282	the local government's decisions and program implementation with
283	respect to the following objectives:
284	1. Maintenance, restoration, and enhancement of the
285	overall quality of the coastal zone environment, including, but
286	not limited to, its amenities and aesthetic values.
287	2. Continued existence of viable populations of all
288	species of wildlife and marine life.
289	3. The orderly and balanced utilization and preservation,
290	consistent with sound conservation principles, of all living and
291	nonliving coastal zone resources.
292	4. Avoidance of irreversible and irretrievable loss of
293	coastal zone resources.
294	5. Ecological planning principles and assumptions to be
295	used in the determination of suitability and extent of permitted
296	development.
297	6. Proposed management and regulatory techniques.
298	7. Limitation of public expenditures that subsidize
299	development in high-hazard coastal areas.
300	8. Protection of human life against the effects of natural
301	disasters and implementation of hazard mitigation strategies.
302	9. The orderly development, maintenance, and use of ports
303	identified in s. 403.021(9) to facilitate deepwater commercial
304	navigation and other related activities.
305	10. Preservation, including sensitive adaptive use of
306	historic and archaeological resources.
307	Section 4. Paragraphs (d) and (f) of subsection (2) of
308	section 163.3178, Florida Statutes, are amended, and subsection
309	(9) is added to said section, to read:
310	163.3178 Coastal management.--
311	(2) Each coastal management element required by s.
312	163.3177(6)(g) shall be based on studies, surveys, and data; be
313	consistent with coastal resource plans prepared and adopted
314	pursuant to general or special law; and contain:
315	(d) A component which outlines principles for hazard
316	mitigation and protection of human life and propertyagainst the
317	effects of natural disaster, including population evacuation and
318	local hazard mitigation strategies, which take into
319	consideration the capability to safely evacuate the density of
320	coastal population proposed in the future land use plan element
321	in the event of an impending natural disaster.
322	(f) A redevelopment component which outlines the
323	principles which shall be used to eliminate inappropriate and
324	unsafe development in the coastal areas when opportunities
325	arise. In recognition of the need to balance redevelopment, the
326	protection of human life and property, and public investment in
327	infrastructure, as a demonstration project up to five local
328	governments or a combination of local governments may amend
329	their comprehensive plans to allow for the redevelopment of
330	coastal areas within the designated coastal high hazard area.
331	The application must include the participation of the county
332	emergency management agency, as provided in s. 252.38, in which
333	the local government or local governments are located.
334	1. To be eligible for the coastal redevelopment
335	demonstration project, the following conditions must be met: the
336	area is part of a comprehensive redevelopment strategy that will
337	be incorporated into the comprehensive plan; the area is
338	consistent with the definition of “urban infill” or “urban
339	redevelopment”; the area is not within a designated area of
340	critical state concern; the comprehensive plan delineates the
341	coastal high hazard area consistent with this part; and the
342	county emergency management agency affirms in writing its intent
343	to participate in the demonstration project.
344	2. In order to allow for redevelopment within the coastal
345	high hazard area beyond that provided for in the existing
346	approved comprehensive plan, the local government or combination
347	of local governments, authorized by agreement pursuant to
348	paragraph (9)(b) to pursue the demonstration project, shall
349	adopt into the comprehensive plan a redevelopment strategy
350	consistent with the requirements of paragraph (6)(a), and local
351	hazard mitigation strategies that include, at a minimum, the
352	following components:
353	a. Measures to reduce, replace, or eliminate unsafe
354	structures and properties subject to repetitive damage from
355	coastal storms and floods.
356	b. Measures to reduce exposure of infrastructure to
357	hazards, including relocation and structural modification of
358	threatened coastal infrastructure.
359	c. Operational and capacity improvements to ensure that
360	the redevelopment strategy maintains or reduces, throughout the
361	planning timeframe, the county hurricane evacuation clearance
362	times as established in the most recent hurricane evacuation
363	study or transportation analysis.
364	d. Where the county hurricane evacuation clearance times
365	exceed 16 hours for a Category 3 storm event, measures to ensure
366	that the redevelopment strategy reduces the county shelter
367	deficit and hurricane clearance times to adequate levels below
368	16 hours within the planning timeframe.
369	e. Measures that provide for county evacuation shelter
370	space to ensure that development authorized within the
371	redevelopment area provides mitigation proportional to its
372	impact to offset the increased demand on evacuation clearance
373	times and public shelter space.
374	f. Measures to ensure that public expenditures which
375	subsidize development in the most vulnerable areas of the
376	coastal high hazard area are limited, except for that needed to
377	provide for public access to the beach and shoreline, restore
378	beaches and dunes and other natural systems, correct existing
379	hurricane evacuation deficiencies or that needed to make
380	facilities more disaster resistant.
381	g. Measures which commit to planning and regulatory
382	standards which exceed minimum National Flood Insurance
383	Standards, including participation in the Community Rating
384	System of the National Flood Insurance Program.
385	h. Measures to ensure that the redevelopment strategy does
386	not allow increases in development, including residential and
387	transient residential development such as hotels, motels,
388	timeshares, and vacation rentals, within the most vulnerable
389	areas of the coastal high hazard area, including the Flood
390	Insurance Rate Map (FIRM) velocity zones and areas subject to
391	coastal erosion, including lands seaward of the coastal
392	construction control line.
393	i. Measures to ensure protection of coastal resources,
394	including beach and dune systems, and to provide for public
395	access to the beach and shoreline consistent with estimated
396	public needs.
397	j. Data and analysis, including the potential costs of
398	damage to structures, property, and infrastructure that would be
399	less than that expected without the redevelopment strategy.
400	k. Data and analysis forecasting the impacts on clearance
401	times based on the population anticipated by the redevelopment
402	strategy.
403	l. The execution of an interlocal agreement, as supporting
404	data and analysis, between the local government or a combination
405	of local governments participating in the demonstration project
406	together with their respective county emergency management
407	agency, and any affected municipalities as needed, to implement
408	mitigation strategies to reduce hurricane evacuation clearance
409	times and public shelter deficit.
410
411	The redevelopment strategy shall establish the preferred
412	character of the community and how that will be achieved.
413	(9)(a) A local government seeking to implement the coastal
414	redevelopment demonstration project pursuant to paragraph (2)(f)
415	must first submit an application to the state land planning
416	agency demonstrating that the project meets the conditions of
417	subparagraph (2)(f)1. The application shall include copies of
418	the local government comprehensive plan and other relevant
419	information supporting the proposed demonstration project. The
420	state land planning agency may adopt procedural rules governing
421	the submission and review of applications, and may establish a
422	phased schedule for review of applications. The state land
423	planning agency shall provide the Federal Emergency Management
424	Agency and the Division of Emergency Management an opportunity
425	to comment on the application.
426	(b) If the local government meets the conditions of
427	subparagraph (2)(f)1., the state land planning agency and the
428	local government shall execute a written agreement that shall be
429	considered final agency action subject to challenge under s.
430	120.569. The written agreement shall identify the area subject
431	to the increase in development potential, including residential
432	and transient residential development, state the amount of such
433	increase; the most vulnerable areas not subject to increases in
434	development; and describe how the conditions of subparagraph
435	(2)(f)2. are to be met. The state land planning agency shall
436	coordinate the review of hazard mitigation strategies with the
437	Federal Emergency Management Agency and the Division of
438	Emergency Management and include in the written agreement
439	conditions necessary to be addressed in the comprehensive plan
440	to meet the requirements of hurricane evacuation, shelter, and
441	hazard mitigation. The agreement shall specify procedures for
442	public participation and intergovernmental coordination with the
443	county emergency management agency and any affected
444	municipalities regarding hurricane evacuation and shelter
445	requirements. The local governments shall provide an opportunity
446	for public comment at a public hearing before execution of the
447	agreement. Upon execution of the written agreement, the local
448	government may propose plan amendments that are authorized by
449	the agreement; provided that no such plan amendment may be
450	adopted until the completion of any challenges to an agreement
451	under s. 120.569.
452	(c) The state land planning agency shall provide a
453	progress report on this demonstration project to the Governor,
454	the President of the Senate, and the Speaker of the House of
455	Representatives by February 1, 2005.
456	Section 5. Section 186.515, Florida Statutes, is amended
457	to read:
458	186.515 Creation of regional planning councils under
459	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
460	186.515 is intended to repeal or limit the provisions of chapter
461	163; however, the local general-purpose governments serving as
462	voting members of the governing body of a regional planning
463	council created pursuant to ss. 186.501-186.507, 186.513, and
464	186.515 are not authorized to create a regional planning council
465	pursuant to chapter 163 unless an agency, other than a regional
466	planning council created pursuant to ss. 186.501-186.507,
467	186.513, and 186.515, is designated to exercise the powers and
468	duties in any one or more of ss. 163.3164(20)(19)and
469	380.031(15); in which case, such a regional planning council is
470	also without authority to exercise the powers and duties in s.
471	163.3164(20)(19)or s. 380.031(15).
472	Section 6. Paragraph (a) of subsection (2) of section
473	288.975, Florida Statutes, is amended to read:
474	288.975 Military base reuse plans.--
475	(2) As used in this section, the term:
476	(a) "Affected local government" means a local government
477	adjoining the host local government and any other unit of local
478	government that is not a host local government but that is
479	identified in a proposed military base reuse plan as providing,
480	operating, or maintaining one or more public facilities as
481	defined in s. 163.3164(25)(24)on lands within or serving a
482	military base designated for closure by the Federal Government.
483	Section 7. Subsection (5) of section 369.303, Florida
484	Statutes, is amended to read:
485	369.303 Definitions.--As used in this part:
486	(5) "Land development regulation" means a regulation
487	covered by the definition in s. 163.3164(24)(23)and any of the
488	types of regulations described in s. 163.3202.
489	Section 8. This act shall take effect upon becoming a law.
490