HB 0435, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to coastal redevelopment hazard
3	mitigation; providing a popular name; amending s.
4	163.3164, F.S.; defining the term "local hazard mitigation
5	strategy"; amending s. 163.3174, F.S.; providing local
6	planning authority for certain municipalities in certain
7	charter counties; amending s. 163.3177, F.S.; providing an
8	additional requirement in the comprehensive plan
9	concerning hazard mitigation; amending s. 163.3178, F.S.;
10	revising language with respect to coastal management;
11	authorizing a demonstration project in certain counties to
12	allow for the redevelopment of coastal areas within the
13	designated coastal high hazard area; providing conditions;
14	providing for application by a local government; providing
15	for a written agreement between the state land planning
16	agency and the local government; providing for a progress
17	report; amending ss. 186.515, 288.975, and 369.303, F.S.;
18	correcting cross references, to conform; amending s.
19	380.06, F.S.; providing presumptions with respect to
20	whether an extension of the date of a buildout or phase in
21	an areawide development plan constitutes a substantial
22	deviation; providing authority for local governments to
23	impose a residential acquisition fee by ordinance or
24	resolution; prohibiting imposition of such fee in an area
25	where a fee has been approved by another local government;
26	providing for a referendum; providing a fee schedule;
27	providing procedures for collection of fees; providing for
28	utilization of funds; requiring the county and
29	municipalities to divide funds pursuant to agreement;
30	providing a time limit on local government authorization
31	to impose or collect certain fees; providing an effective
32	date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1. Popular name.--This act shall be known by the
37	popular name the “Coastal Redevelopment Hazard Mitigation
38	Demonstration Project Act.”
39	Section 2. Section 163.3164, Florida Statutes, is amended
40	to read:
41	163.3164 Local Government Comprehensive Planning and Land
42	Development Regulation Act; definitions.--As used in this act:
43	(1) "Administration Commission" means the Governor and the
44	Cabinet, and for purposes of this chapter the commission shall
45	act on a simple majority vote, except that for purposes of
46	imposing the sanctions provided in s. 163.3184(11), affirmative
47	action shall require the approval of the Governor and at least
48	three other members of the commission.
49	(2) "Area" or "area of jurisdiction" means the total area
50	qualifying under the provisions of this act, whether this be all
51	of the lands lying within the limits of an incorporated
52	municipality, lands in and adjacent to incorporated
53	municipalities, all unincorporated lands within a county, or
54	areas comprising combinations of the lands in incorporated
55	municipalities and unincorporated areas of counties.
56	(3) "Coastal area" means the 35 coastal counties and all
57	coastal municipalities within their boundaries designated
58	coastal by the state land planning agency.
59	(4) "Comprehensive plan" means a plan that meets the
60	requirements of ss. 163.3177 and 163.3178.
61	(5) "Developer" means any person, including a governmental
62	agency, undertaking any development as defined in this act.
63	(6) "Development" has the meaning given it in s. 380.04.
64	(7) "Development order" means any order granting, denying,
65	or granting with conditions an application for a development
66	permit.
67	(8) "Development permit" includes any building permit,
68	zoning permit, subdivision approval, rezoning, certification,
69	special exception, variance, or any other official action of
70	local government having the effect of permitting the development
71	of land.
72	(9) "Governing body" means the board of county
73	commissioners of a county, the commission or council of an
74	incorporated municipality, or any other chief governing body of
75	a unit of local government, however designated, or the
76	combination of such bodies where joint utilization of the
77	provisions of this act is accomplished as provided herein.
78	(10) "Governmental agency" means:
79	(a) The United States or any department, commission,
80	agency, or other instrumentality thereof.
81	(b) This state or any department, commission, agency, or
82	other instrumentality thereof.
83	(c) Any local government, as defined in this section, or
84	any department, commission, agency, or other instrumentality
85	thereof.
86	(d) Any school board or other special district, authority,
87	or governmental entity.
88	(11) "Land" means the earth, water, and air, above, below,
89	or on the surface, and includes any improvements or structures
90	customarily regarded as land.
91	(12) "Land use" means the development that has occurred on
92	the land, the development that is proposed by a developer on the
93	land, or the use that is permitted or permissible on the land
94	under an adopted comprehensive plan or element or portion
95	thereof, land development regulations, or a land development
96	code, as the context may indicate.
97	(13) "Local government" means any county or municipality.
98	(14) "Local hazard mitigation strategy" means a local plan
99	required under Section 322, Mitigation Planning, of the Robert
100	T. Stafford Disaster Relief and Emergency Assistance Act,
101	enacted by Section 104 of the Disaster Mitigation Act of 2000,
102	Pub. L. No. 106-390, to promote hazard mitigation and to manage
103	disaster redevelopment.
104	(15)(14)"Local planning agency" means the agency
105	designated to prepare the comprehensive plan or plan amendments
106	required by this act.
107	(16)(15)A "newspaper of general circulation" means a
108	newspaper published at least on a weekly basis and printed in
109	the language most commonly spoken in the area within which it
110	circulates, but does not include a newspaper intended primarily
111	for members of a particular professional or occupational group,
112	a newspaper whose primary function is to carry legal notices, or
113	a newspaper that is given away primarily to distribute
114	advertising.
115	(17)(16)"Parcel of land" means any quantity of land
116	capable of being described with such definiteness that its
117	locations and boundaries may be established, which is designated
118	by its owner or developer as land to be used, or developed as, a
119	unit or which has been used or developed as a unit.
120	(18)(17)"Person" means an individual, corporation,
121	governmental agency, business trust, estate, trust, partnership,
122	association, two or more persons having a joint or common
123	interest, or any other legal entity.
124	(19)(18)"Public notice" means notice as required by s.
125	125.66(2) for a county or by s. 166.041(3)(a) for a
126	municipality. The public notice procedures required in this part
127	are established as minimum public notice procedures.
128	(20)(19)"Regional planning agency" means the agency
129	designated by the state land planning agency to exercise
130	responsibilities under law in a particular region of the state.
131	(21)(20)"State land planning agency" means the Department
132	of Community Affairs.
133	(22)(21)"Structure" has the meaning given it by s.
134	380.031(19).
135	(23)(22)"Land development regulation commission" means a
136	commission designated by a local government to develop and
137	recommend, to the local governing body, land development
138	regulations which implement the adopted comprehensive plan and
139	to review land development regulations, or amendments thereto,
140	for consistency with the adopted plan and report to the
141	governing body regarding its findings. The responsibilities of
142	the land development regulation commission may be performed by
143	the local planning agency.
144	(24)(23)"Land development regulations" means ordinances
145	enacted by governing bodies for the regulation of any aspect of
146	development and includes any local government zoning, rezoning,
147	subdivision, building construction, or sign regulations or any
148	other regulations controlling the development of land, except
149	that this definition shall not apply in s. 163.3213.
150	(25)(24)"Public facilities" means major capital
151	improvements, including, but not limited to, transportation,
152	sanitary sewer, solid waste, drainage, potable water,
153	educational, parks and recreational, and health systems and
154	facilities, and spoil disposal sites for maintenance dredging
155	located in the intracoastal waterways, except for spoil disposal
156	sites owned or used by ports listed in s. 403.021(9)(b).
157	(26)(25)"Downtown revitalization" means the physical and
158	economic renewal of a central business district of a community
159	as designated by local government, and includes both downtown
160	development and redevelopment.
161	(27)(26)"Urban redevelopment" means demolition and
162	reconstruction or substantial renovation of existing buildings
163	or infrastructure within urban infill areas or existing urban
164	service areas.
165	(28)(27)"Urban infill" means the development of vacant
166	parcels in otherwise built-up areas where public facilities such
167	as sewer systems, roads, schools, and recreation areas are
168	already in place and the average residential density is at least
169	five dwelling units per acre, the average nonresidential
170	intensity is at least a floor area ratio of 1.0 and vacant,
171	developable land does not constitute more than 10 percent of the
172	area.
173	(29)(28)"Projects that promote public transportation"
174	means projects that directly affect the provisions of public
175	transit, including transit terminals, transit lines and routes,
176	separate lanes for the exclusive use of public transit services,
177	transit stops (shelters and stations), office buildings or
178	projects that include fixed-rail or transit terminals as part of
179	the building, and projects which are transit oriented and
180	designed to complement reasonably proximate planned or existing
181	public facilities.
182	(30)(29)"Existing urban service area" means built-up
183	areas where public facilities and services such as sewage
184	treatment systems, roads, schools, and recreation areas are
185	already in place.
186	(31)(30)"Transportation corridor management" means the
187	coordination of the planning of designated future transportation
188	corridors with land use planning within and adjacent to the
189	corridor to promote orderly growth, to meet the concurrency
190	requirements of this chapter, and to maintain the integrity of
191	the corridor for transportation purposes.
192	(32)(31)"Optional sector plan" means an optional process
193	authorized by s. 163.3245 in which one or more local governments
194	by agreement with the state land planning agency are allowed to
195	address development-of-regional-impact issues within certain
196	designated geographic areas identified in the local
197	comprehensive plan as a means of fostering innovative planning
198	and development strategies in s. 163.3177(11)(a) and (b),
199	furthering the purposes of this part and part I of chapter 380,
200	reducing overlapping data and analysis requirements, protecting
201	regionally significant resources and facilities, and addressing
202	extrajurisdictional impacts.
203	Section 3. Paragraph (c) is added to subsection (1) of
204	section 163.3174, Florida Statutes, to read:
205	163.3174 Local planning agency.--
206	(1) The governing body of each local government,
207	individually or in combination as provided in s. 163.3171, shall
208	designate and by ordinance establish a "local planning agency,"
209	unless the agency is otherwise established by law.
210	Notwithstanding any special act to the contrary, all local
211	planning agencies or equivalent agencies that first review
212	rezoning and comprehensive plan amendments in each municipality
213	and county shall include a representative of the school district
214	appointed by the school board as a nonvoting member of the local
215	planning agency or equivalent agency to attend those meetings at
216	which the agency considers comprehensive plan amendments and
217	rezonings that would, if approved, increase residential density
218	on the property that is the subject of the application. However,
219	this subsection does not prevent the governing body of the local
220	government from granting voting status to the school board
221	member. The governing body may designate itself as the local
222	planning agency pursuant to this subsection with the addition of
223	a nonvoting school board representative. The governing body
224	shall notify the state land planning agency of the establishment
225	of its local planning agency. All local planning agencies shall
226	provide opportunities for involvement by applicable community
227	college boards, which may be accomplished by formal
228	representation, membership on technical advisory committees, or
229	other appropriate means. The local planning agency shall prepare
230	the comprehensive plan or plan amendment after hearings to be
231	held after public notice and shall make recommendations to the
232	governing body regarding the adoption or amendment of the plan.
233	The agency may be a local planning commission, the planning
234	department of the local government, or other instrumentality,
235	including a countywide planning entity established by special
236	act or a council of local government officials created pursuant
237	to s. 163.02, provided the composition of the council is fairly
238	representative of all the governing bodies in the county or
239	planning area; however:
240	(a) If a joint planning entity is in existence on the
241	effective date of this act which authorizes the governing bodies
242	to adopt and enforce a land use plan effective throughout the
243	joint planning area, that entity shall be the agency for those
244	local governments until such time as the authority of the joint
245	planning entity is modified by law.
246	(b) In the case of chartered counties, the planning
247	responsibility between the county and the several municipalities
248	therein shall be as stipulated in the charter.
249	(c) The Legislature recognizes that many larger
250	municipalities within charter counties have the technical
251	planning staff to effectively implement and enforce a
252	comprehensive plan and develop and achieve a community vision
253	within their boundaries. Notwithstanding paragraph (b) or any
254	other provision of law to the contrary, each municipality with a
255	population greater than 10,000, located in a charter county not
256	operating under a home rule charter adopted pursuant to ss. 10,
257	11, and 24, Art. VIII of the Constitution of 1885, as preserved
258	by s. 6(e), Art. VIII of the Constitution of 1968 with a
259	population greater than 1,500,000 and more than 25
260	municipalities, shall have exclusive planning authority,
261	including, but not limited to, development order approval and
262	zoning and comprehensive planning for the area under its
263	municipal jurisdiction. However, a municipality located in such
264	a county may delegate planning authority for the area under its
265	municipal jurisdiction to the county if the governing body of
266	the municipality adopts a resolution approving the delegation to
267	the county. A charter county, as described in this paragraph,
268	may provide written comments on a proposed land use change
269	within a municipality's jurisdiction and provide planning
270	assistance if requested by the municipality.
271	Section 4. Paragraphs (a) and (g) of subsection (6) of
272	section 163.3177, Florida Statutes, are amended to read:
273	163.3177 Required and optional elements of comprehensive
274	plan; studies and surveys.--
275	(6) In addition to the requirements of subsections (1)-
276	(5), the comprehensive plan shall include the following
277	elements:
278	(a) A future land use plan element designating proposed
279	future general distribution, location, and extent of the uses of
280	land for residential uses, commercial uses, industry,
281	agriculture, recreation, conservation, education, public
282	buildings and grounds, other public facilities, and other
283	categories of the public and private uses of land. Each future
284	land use category must be defined in terms of uses included, and
285	must include standards to be followed in the control and
286	distribution of population densities and building and structure
287	intensities. The proposed distribution, location, and extent of
288	the various categories of land use shall be shown on a land use
289	map or map series which shall be supplemented by goals,
290	policies, and measurable objectives. The future land use plan
291	shall be based upon surveys, studies, and data regarding the
292	area, including the amount of land required to accommodate
293	anticipated growth; the projected population of the area; the
294	character of undeveloped land; the availability of public
295	services; the vulnerability to natural hazards and hazard
296	mitigation;the need for redevelopment, including the renewal of
297	blighted areas and the elimination of nonconforming uses which
298	are inconsistent with the character of the community; and, in
299	rural communities, the need for job creation, capital
300	investment, and economic development that will strengthen and
301	diversify the community's economy. The future land use plan may
302	designate areas for future planned development use involving
303	combinations of types of uses for which special regulations may
304	be necessary to ensure development in accord with the principles
305	and standards of the comprehensive plan and this act. In
306	addition, for rural communities, the amount of land designated
307	for future planned industrial use shall be based upon surveys
308	and studies that reflect the need for job creation, capital
309	investment, and the necessity to strengthen and diversify the
310	local economies, and shall not be limited solely by the
311	projected population of the rural community. The future land use
312	plan of a county may also designate areas for possible future
313	municipal incorporation. The land use maps or map series shall
314	generally identify and depict historic district boundaries and
315	shall designate historically significant properties meriting
316	protection. The future land use element must clearly identify
317	the land use categories in which public schools are an allowable
318	use. When delineating the land use categories in which public
319	schools are an allowable use, a local government shall include
320	in the categories sufficient land proximate to residential
321	development to meet the projected needs for schools in
322	coordination with public school boards and may establish
323	differing criteria for schools of different type or size. Each
324	local government shall include lands contiguous to existing
325	school sites, to the maximum extent possible, within the land
326	use categories in which public schools are an allowable use. All
327	comprehensive plans must comply with the school siting
328	requirements of this paragraph no later than October 1, 1999.
329	The failure by a local government to comply with these school
330	siting requirements by October 1, 1999, will result in the
331	prohibition of the local government's ability to amend the local
332	comprehensive plan, except for plan amendments described in s.
333	163.3187(1)(b), until the school siting requirements are met.
334	Amendments proposed by a local government for purposes of
335	identifying the land use categories in which public schools are
336	an allowable use or for adopting or amending the school-siting
337	maps pursuant to s. 163.31776(3) are exempt from the limitation
338	on the frequency of plan amendments contained in s. 163.3187.
339	The future land use element shall include criteria that
340	encourage the location of schools proximate to urban residential
341	areas to the extent possible and shall require that the local
342	government seek to collocate public facilities, such as parks,
343	libraries, and community centers, with schools to the extent
344	possible and to encourage the use of elementary schools as focal
345	points for neighborhoods. For schools serving predominantly
346	rural counties, defined as a county with a population of 100,000
347	or fewer, an agricultural land use category shall be eligible
348	for the location of public school facilities if the local
349	comprehensive plan contains school siting criteria and the
350	location is consistent with such criteria.
351	(g) For those units of local government identified in s.
352	380.24, a coastal management element, appropriately related to
353	the particular requirements of paragraphs (d) and (e) and
354	meeting the requirements of s. 163.3178(2) and (3). The coastal
355	management element shall set forth the policies that shall guide
356	the local government's decisions and program implementation with
357	respect to the following objectives:
358	1. Maintenance, restoration, and enhancement of the
359	overall quality of the coastal zone environment, including, but
360	not limited to, its amenities and aesthetic values.
361	2. Continued existence of viable populations of all
362	species of wildlife and marine life.
363	3. The orderly and balanced utilization and preservation,
364	consistent with sound conservation principles, of all living and
365	nonliving coastal zone resources.
366	4. Avoidance of irreversible and irretrievable loss of
367	coastal zone resources.
368	5. Ecological planning principles and assumptions to be
369	used in the determination of suitability and extent of permitted
370	development.
371	6. Proposed management and regulatory techniques.
372	7. Limitation of public expenditures that subsidize
373	development in high-hazard coastal areas.
374	8. Protection of human life against the effects of natural
375	disasters and implementation of hazard mitigation strategies.
376	9. The orderly development, maintenance, and use of ports
377	identified in s. 403.021(9) to facilitate deepwater commercial
378	navigation and other related activities.
379	10. Preservation, including sensitive adaptive use of
380	historic and archaeological resources.
381	Section 5. Paragraphs (d) and (f) of subsection (2) of
382	section 163.3178, Florida Statutes, are amended, and subsection
383	(9) is added to said section, to read:
384	163.3178 Coastal management.--
385	(2) Each coastal management element required by s.
386	163.3177(6)(g) shall be based on studies, surveys, and data; be
387	consistent with coastal resource plans prepared and adopted
388	pursuant to general or special law; and contain:
389	(d) A component which outlines principles for hazard
390	mitigation and protection of human life and propertyagainst the
391	effects of natural disaster, including population evacuation and
392	local hazard mitigation strategies, which take into
393	consideration the capability to safely evacuate the density of
394	coastal population proposed in the future land use plan element
395	in the event of an impending natural disaster.
396	(f) A redevelopment component which outlines the
397	principles which shall be used to eliminate inappropriate and
398	unsafe development in the coastal areas when opportunities
399	arise. In recognition of the need to balance redevelopment, the
400	protection of human life and property, and public investment in
401	infrastructure, as a demonstration project up to five local
402	governments or a combination of local governments may amend
403	their comprehensive plans to allow for the redevelopment of
404	coastal areas within the designated coastal high hazard area.
405	The application must include the participation of the county
406	emergency management agency, as provided in s. 252.38, in which
407	the local government or local governments are located.
408	1. To be eligible for the coastal redevelopment
409	demonstration project, the following conditions must be met: the
410	area is part of a comprehensive redevelopment strategy that will
411	be incorporated into the comprehensive plan; the area is
412	consistent with the definition of “urban infill” or “urban
413	redevelopment”; the area is not within a designated area of
414	critical state concern; the comprehensive plan delineates the
415	coastal high hazard area consistent with this part; and the
416	county emergency management agency affirms in writing its intent
417	to participate in the demonstration project.
418	2. In order to allow for redevelopment within the coastal
419	high hazard area beyond that provided for in the existing
420	approved comprehensive plan, the local government or combination
421	of local governments, authorized by agreement pursuant to
422	paragraph (9)(b) to pursue the demonstration project, shall
423	adopt into the comprehensive plan a redevelopment strategy
424	consistent with the requirements of paragraph (6)(a), and local
425	hazard mitigation strategies that include, at a minimum, the
426	following components:
427	a. Measures to reduce, replace, or eliminate unsafe
428	structures and properties subject to repetitive damage from
429	coastal storms and floods.
430	b. Measures to reduce exposure of infrastructure to
431	hazards, including relocation and structural modification of
432	threatened coastal infrastructure.
433	c. Operational and capacity improvements to ensure that
434	the redevelopment strategy maintains or reduces, throughout the
435	planning timeframe, the county hurricane evacuation clearance
436	times as established in the most recent hurricane evacuation
437	study or transportation analysis.
438	d. Where the county hurricane evacuation clearance times
439	exceed 16 hours for a Category 3 storm event, measures to ensure
440	that the redevelopment strategy reduces the county shelter
441	deficit and hurricane clearance times to adequate levels below
442	16 hours within the planning timeframe.
443	e. Measures that provide for county evacuation shelter
444	space to ensure that development authorized within the
445	redevelopment area provides mitigation proportional to its
446	impact to offset the increased demand on evacuation clearance
447	times and public shelter space.
448	f. Measures to ensure that public expenditures which
449	subsidize development in the most vulnerable areas of the
450	coastal high hazard area are limited, except for that needed to
451	provide for public access to the beach and shoreline, restore
452	beaches and dunes and other natural systems, correct existing
453	hurricane evacuation deficiencies or that needed to make
454	facilities more disaster resistant.
455	g. Measures which commit to planning and regulatory
456	standards which exceed minimum National Flood Insurance
457	Standards, including participation in the Community Rating
458	System of the National Flood Insurance Program.
459	h. Measures to ensure that the redevelopment strategy does
460	not allow increases in development, including residential and
461	transient residential development such as hotels, motels,
462	timeshares, and vacation rentals, within the most vulnerable
463	areas of the coastal high hazard area, including the Flood
464	Insurance Rate Map (FIRM) velocity zones and areas subject to
465	coastal erosion, including lands seaward of the coastal
466	construction control line.
467	i. Measures to ensure protection of coastal resources,
468	including beach and dune systems, and to provide for public
469	access to the beach and shoreline consistent with estimated
470	public needs.
471	j. Data and analysis, including the potential costs of
472	damage to structures, property, and infrastructure that would be
473	less than that expected without the redevelopment strategy.
474	k. Data and analysis forecasting the impacts on clearance
475	times based on the population anticipated by the redevelopment
476	strategy.
477	l. The execution of an interlocal agreement, as supporting
478	data and analysis, between the local government or a combination
479	of local governments participating in the demonstration project
480	together with their respective county emergency management
481	agency, and any affected municipalities as needed, to implement
482	mitigation strategies to reduce hurricane evacuation clearance
483	times and public shelter deficit.
484
485	The redevelopment strategy shall establish the preferred
486	character of the community and how that will be achieved.
487	(9)(a) A local government seeking to implement the coastal
488	redevelopment demonstration project pursuant to paragraph (2)(f)
489	must first submit an application to the state land planning
490	agency demonstrating that the project meets the conditions of
491	subparagraph (2)(f)1. The application shall include copies of
492	the local government comprehensive plan and other relevant
493	information supporting the proposed demonstration project. The
494	state land planning agency may adopt procedural rules governing
495	the submission and review of applications, and may establish a
496	phased schedule for review of applications. The state land
497	planning agency shall provide the Federal Emergency Management
498	Agency and the Division of Emergency Management an opportunity
499	to comment on the application.
500	(b) If the local government meets the conditions of
501	subparagraph (2)(f)1., the state land planning agency and the
502	local government shall execute a written agreement that shall be
503	considered final agency action subject to challenge under s.
504	120.569. The written agreement shall identify the area subject
505	to the increase in development potential, including residential
506	and transient residential development, state the amount of such
507	increase; the most vulnerable areas not subject to increases in
508	development; and describe how the conditions of subparagraph
509	(2)(f)2. are to be met. The state land planning agency shall
510	coordinate the review of hazard mitigation strategies with the
511	Federal Emergency Management Agency and the Division of
512	Emergency Management and include in the written agreement
513	conditions necessary to be addressed in the comprehensive plan
514	to meet the requirements of hurricane evacuation, shelter, and
515	hazard mitigation. The agreement shall specify procedures for
516	public participation and intergovernmental coordination with the
517	county emergency management agency and any affected
518	municipalities regarding hurricane evacuation and shelter
519	requirements. The local governments shall provide an opportunity
520	for public comment at a public hearing before execution of the
521	agreement. Upon execution of the written agreement, the local
522	government may propose plan amendments that are authorized by
523	the agreement; provided that no such plan amendment may be
524	adopted until the completion of any challenges to an agreement
525	under s. 120.569.
526	(c) The state land planning agency shall provide a
527	progress report on this demonstration project to the Governor,
528	the President of the Senate, and the Speaker of the House of
529	Representatives by February 1, 2005.
530	Section 6. Section 186.515, Florida Statutes, is amended
531	to read:
532	186.515 Creation of regional planning councils under
533	chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
534	186.515 is intended to repeal or limit the provisions of chapter
535	163; however, the local general-purpose governments serving as
536	voting members of the governing body of a regional planning
537	council created pursuant to ss. 186.501-186.507, 186.513, and
538	186.515 are not authorized to create a regional planning council
539	pursuant to chapter 163 unless an agency, other than a regional
540	planning council created pursuant to ss. 186.501-186.507,
541	186.513, and 186.515, is designated to exercise the powers and
542	duties in any one or more of ss. 163.3164(20)(19)and
543	380.031(15); in which case, such a regional planning council is
544	also without authority to exercise the powers and duties in s.
545	163.3164(20)(19)or s. 380.031(15).
546	Section 7. Paragraph (a) of subsection (2) of section
547	288.975, Florida Statutes, is amended to read:
548	288.975 Military base reuse plans.--
549	(2) As used in this section, the term:
550	(a) "Affected local government" means a local government
551	adjoining the host local government and any other unit of local
552	government that is not a host local government but that is
553	identified in a proposed military base reuse plan as providing,
554	operating, or maintaining one or more public facilities as
555	defined in s. 163.3164(25)(24)on lands within or serving a
556	military base designated for closure by the Federal Government.
557	Section 8. Subsection (5) of section 369.303, Florida
558	Statutes, is amended to read:
559	369.303 Definitions.--As used in this part:
560	(5) "Land development regulation" means a regulation
561	covered by the definition in s. 163.3164(24)(23)and any of the
562	types of regulations described in s. 163.3202.
563	Section 9. Paragraph (n) of subsection (25) of section
564	380.06, Florida Statutes, is amended to read:
565	380.06 Developments of regional impact.--
566	(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.--
567	(n) After a development order approving an areawide
568	development plan is received, changes shall be subject to the
569	provisions of subsection (19), except that the percentages and
570	numerical criteria shall be double those listed in paragraph
571	(19)(b) and the extension of the date of buildout of a
572	development, or any phase thereof, by 5 years or more but less
573	than 10 years shall be presumed not to create a substantial
574	deviation where the areawide DRI remains consistent with the
575	local comprehensive planning except for transportation
576	concurrency provisions. However, the areawide DRI must remain in
577	compliance with the transportation mitigation plan of the local
578	government development order.
579	Section 10. Authority to adopt ordinance or resolution;
580	amount of fee; referendum; disbursement.--
581	(1) Any local government that contains an area or part of
582	an area designated as an area of critical state concern under s.
583	380.05, Florida Statutes, may adopt a resolution or ordinance
584	for imposition and collection of a residential acquisition fee
585	in the area of critical state concern. A local government may
586	not adopt an ordinance or resolution to collect a residential
587	acquisition fee in any area where another local government has
588	already passed an ordinance or resolution imposing the fee
589	unless the fee has expired or has failed to be approved by the
590	electorate. The fee shall be assessed in accordance with the
591	schedule set forth in subsection (2) of section 9. The
592	authorization provided in this section shall be construed to be
593	general law authorization pursuant to s. 1, Art. VII of the
594	State Constitution.
595	(2) Such ordinance or resolution must be approved by a
596	majority of the qualified electors in the affected area of
597	critical state concern. The ordinance or resolution for fee
598	adoption must establish the date, time, and place of the
599	referendum and provide appropriate ballot language, including,
600	but not limited to, the fee schedule set forth in subsection (2)
601	of section 9.
602	(3) Any fees imposed and collected pursuant to this act
603	shall be deposited into a residential acquisition fund to be
604	established by ordinance or resolution of the governing body of
605	the local government imposing the fee. The fund shall be
606	maintained and administered by the clerk of the court. Six
607	months after the initial collection, and quarterly thereafter,
608	the clerk shall remit the proceeds accrued in the residential
609	acquisition fund, less reasonable administrative costs of the
610	clerk amounting to no more than $5 per transaction, to the local
611	government imposing the fee.
612	Section 11. Applicability of fee; fee schedule.--
613	(1) The residential acquisition fee shall be imposed at
614	closing or upon the sale of a single-family residential or
615	multifamily residential property on a sliding scale based on
616	purchase price of the property. Commercial, governmental, and
617	unimproved properties are not subject to the provisions of this
618	act. Refinancing of residential loans is not subject to the
619	provisions of this act.
620	(2) The fee is based on the following schedule:
621
622	SCHEDULE OF FEES
623
624	PURCHASE PRICE OF PROPERTY PERCENTAGE OF FEE
625	Properties purchased at $249,999 or less..............0%
626	Properties purchased at $250,000 to $499,999.......1.00%
627	Properties purchased at $500,000 to $999,999.......1.50%
628	Properties purchased at $1,000,000 to $1,999,999...1.75%
629	Properties purchased at $2,000,000 or more.........2.00%
630
631	Section 12. Collection of fee.--At the time of closing or
632	upon the sale of a single-family residential or a multifamily
633	residential property, the closing agent, the representative of
634	the closing agent, or the seller must collect and remit the fee
635	to the clerk. The closing agent, the representative of the
636	closing agent, or the seller must provide a space on the buyer
637	and seller disbursement statement or an addendum accompanying
638	the buyer and seller disbursement statement identifying the fee
639	and must disclose the amount of the fee to the prospective
640	buyer.
641	Section 13. Utilization of funds.--Funds received by the
642	local government pursuant to this act shall be used for the
643	creation of or improvements to wastewater or stormwater
644	facilities. Division of funds between the county and
645	municipalities in areas of critical state concern shall be in
646	accordance with any existing agreement between the county and
647	municipalities addressing priorities for uses established in
648	this act. Funds collected under this act may be used to complete
649	projects currently underway or projects undertaken pursuant to
650	this act.
651	Section 14. A local government’s authorization to impose
652	or collect the fee authorized under this act shall expire 10
653	years after the termination of the designation of the area of
654	critical state concern pursuant to s. 380.05, Florida Statutes,
655	in which the local government is located.
656	Section 15. This act shall take effect upon becoming a
657	law.
658