HB 0103

1	A bill to be entitled
2	An act relating to high-speed rail; repealing ss.
3	341.8201-341.842, F.S., the Florida High-Speed Rail
4	Authority Act; amending ss. 163.3167 and 341.301, F.S.;
5	removing reference to the Florida High-Speed Rail
6	Authority Act; amending s. 163.3177, F.S.; correcting a
7	cross reference; amending ss. 187.201 and 341.302, F.S.;
8	removing reference to high-speed rail and magnetic
9	levitation systems; repealing s. 373.4138, F.S., relating
10	to mitigation requirements and associated costs with
11	respect to the High Speed Rail Project; providing an
12	effective date.
13
14	Be It Enacted by the Legislature of the State of Florida:
15
16	Section 1.  Sections 341.8201, 341.8202, 341.8203, 341.821,
17	341.822, 341.823, 341.824, 341.827, 341.828, 341.829, 341.830,
18	341.831, 341.832, 341.833, 341.834, 341.835, 341.836, 341.837,
19	341.838, 341.839, 341.840, 341.841, and 341.842, Florida
20	Statutes, are repealed.
21	Section 2.  Subsections (10), (11), (12), (13), and (14) of
22	section 163.3167, Florida Statutes, are amended to read:
23	163.3167  Scope of act.--
24	(10)  Nothing in this part shall supersede any provision of
25	ss. 341.8201-341.842.
26	(10)(11)  Each local government is encouraged to articulate
27	a vision of the future physical appearance and qualities of its
28	community as a component of its local comprehensive plan. The
29	vision should be developed through a collaborative planning
30	process with meaningful public participation and shall be
31	adopted by the governing body of the jurisdiction. Neighboring
32	communities, especially those sharing natural resources or
33	physical or economic infrastructure, are encouraged to create
34	collective visions for greater-than-local areas. Such collective
35	visions shall apply in each city or county only to the extent
36	that each local government chooses to make them applicable. The
37	state land planning agency shall serve as a clearinghouse for
38	creating a community vision of the future and may utilize the
39	Growth Management Trust Fund, created by s. 186.911, to provide
40	grants to help pay the costs of local visioning programs. When a
41	local vision of the future has been created, a local government
42	should review its comprehensive plan, land development
43	regulations, and capital improvement program to ensure that
44	these instruments will help to move the community toward its
45	vision in a manner consistent with this act and with the state
46	comprehensive plan. A local or regional vision must be
47	consistent with the state vision, when adopted, and be
48	internally consistent with the local or regional plan of which
49	it is a component. The state land planning agency shall not
50	adopt minimum criteria for evaluating or judging the form or
51	content of a local or regional vision.
52	(11)(12)  An initiative or referendum process in regard to
53	any development order or in regard to any local comprehensive
54	plan amendment or map amendment that affects five or fewer
55	parcels of land is prohibited.
56	(12)(13)  Each local government shall address in its
57	comprehensive plan, as enumerated in this chapter, the water
58	supply sources necessary to meet and achieve the existing and
59	projected water use demand for the established planning period,
60	considering the applicable plan developed pursuant to s.
61	373.0361.
62	(13)(14)(a)  If a local government grants a development
63	order pursuant to its adopted land development regulations and
64	the order is not the subject of a pending appeal and the
65	timeframe for filing an appeal has expired, the development
66	order may not be invalidated by a subsequent judicial
67	determination that such land development regulations, or any
68	portion thereof that is relevant to the development order, are
69	invalid because of a deficiency in the approval standards.
70	(b)  This subsection does not preclude or affect the timely
71	institution of any other remedy available at law or equity,
72	including a common law writ of certiorari proceeding pursuant to
73	Rule 9.190, Florida Rules of Appellate Procedure, or an original
74	proceeding pursuant to s. 163.3215, as applicable.
75	(c)  This subsection applies retroactively to any
76	development order granted on or after January 1, 2002.
77	Section 3.  Paragraph (d) of subsection (11) of section
78	163.3177, Florida Statutes, is amended to read:
79	163.3177  Required and optional elements of comprehensive
80	plan; studies and surveys.--
81	(11)
82	(d)1.  The department, in cooperation with the Department
83	of Agriculture and Consumer Services, the Department of
84	Environmental Protection, water management districts, and
85	regional planning councils, shall provide assistance to local
86	governments in the implementation of this paragraph and rule 9J-
87	5.006(5)(l), Florida Administrative Code. Implementation of
88	those provisions shall include a process by which the department
89	may authorize local governments to designate all or portions of
90	lands classified in the future land use element as predominantly
91	agricultural, rural, open, open-rural, or a substantively
92	equivalent land use, as a rural land stewardship area within
93	which planning and economic incentives are applied to encourage
94	the implementation of innovative and flexible planning and
95	development strategies and creative land use planning
96	techniques, including those contained herein and in rule 9J-
97	5.006(5)(l), Florida Administrative Code. Assistance may
98	include, but is not limited to:
99	a.  Assistance from the Department of Environmental
100	Protection and water management districts in creating the
101	geographic information systems land cover database and aerial
102	photogrammetry needed to prepare for a rural land stewardship
103	area;
104	b.  Support for local government implementation of rural
105	land stewardship concepts by providing information and
106	assistance to local governments regarding land acquisition
107	programs that may be used by the local government or landowners
108	to leverage the protection of greater acreage and maximize the
109	effectiveness of rural land stewardship areas; and
110	c.  Expansion of the role of the Department of Community
111	Affairs as a resource agency to facilitate establishment of
112	rural land stewardship areas in smaller rural counties that do
113	not have the staff or planning budgets to create a rural land
114	stewardship area.
115	2.  The department shall encourage participation by local
116	governments of different sizes and rural characteristics in
117	establishing and implementing rural land stewardship areas. It
118	is the intent of the Legislature that rural land stewardship
119	areas be used to further the following broad principles of rural
120	sustainability: restoration and maintenance of the economic
121	value of rural land; control of urban sprawl; identification and
122	protection of ecosystems, habitats, and natural resources;
123	promotion of rural economic activity; maintenance of the
124	viability of Florida's agricultural economy; and protection of
125	the character of rural areas of Florida. Rural land stewardship
126	areas may be multicounty in order to encourage coordinated
127	regional stewardship planning.
128	3.  A local government, in conjunction with a regional
129	planning council, a stakeholder organization of private land
130	owners, or another local government, shall notify the department
131	in writing of its intent to designate a rural land stewardship
132	area. The written notification shall describe the basis for the
133	designation, including the extent to which the rural land
134	stewardship area enhances rural land values, controls urban
135	sprawl, provides necessary open space for agriculture and
136	protection of the natural environment, promotes rural economic
137	activity, and maintains rural character and the economic
138	viability of agriculture.
139	4.  A rural land stewardship area shall be not less than
140	10,000 acres and shall be located outside of municipalities and
141	established urban growth boundaries, and shall be designated by
142	plan amendment. The plan amendment designating a rural land
143	stewardship area shall be subject to review by the Department of
144	Community Affairs pursuant to s. 163.3184 and shall provide for
145	the following:
146	a.  Criteria for the designation of receiving areas within
147	rural land stewardship areas in which innovative planning and
148	development strategies may be applied. Criteria shall at a
149	minimum provide for the following: adequacy of suitable land to
150	accommodate development so as to avoid conflict with
151	environmentally sensitive areas, resources, and habitats;
152	compatibility between and transition from higher density uses to
153	lower intensity rural uses; the establishment of receiving area
154	service boundaries which provide for a separation between
155	receiving areas and other land uses within the rural land
156	stewardship area through limitations on the extension of
157	services; and connection of receiving areas with the rest of the
158	rural land stewardship area using rural design and rural road
159	corridors.
160	b.  Goals, objectives, and policies setting forth the
161	innovative planning and development strategies to be applied
162	within rural land stewardship areas pursuant to the provisions
163	of this section.
164	c.  A process for the implementation of innovative planning
165	and development strategies within the rural land stewardship
166	area, including those described in this subsection and rule 9J-
167	5.006(5)(l), Florida Administrative Code, which provide for a
168	functional mix of land uses and which are applied through the
169	adoption by the local government of zoning and land development
170	regulations applicable to the rural land stewardship area.
171	d.  A process which encourages visioning pursuant to s.
172	163.3167(10)(11) to ensure that innovative planning and
173	development strategies comply with the provisions of this
174	section.
175	e.  The control of sprawl through the use of innovative
176	strategies and creative land use techniques consistent with the
177	provisions of this subsection and rule 9J-5.006(5)(l), Florida
178	Administrative Code.
179	5.  A receiving area shall be designated by the adoption of
180	a land development regulation. Prior to the designation of a
181	receiving area, the local government shall provide the
182	Department of Community Affairs a period of 30 days in which to
183	review a proposed receiving area for consistency with the rural
184	land stewardship area plan amendment and to provide comments to
185	the local government.
186	6.  Upon the adoption of a plan amendment creating a rural
187	land stewardship area, the local government shall, by ordinance,
188	assign to the area a certain number of credits, to be known as
189	"transferable rural land use credits," which shall not
190	constitute a right to develop land, nor increase density of
191	land, except as provided by this section. The total amount of
192	transferable rural land use credits assigned to the rural land
193	stewardship area must correspond to the 25-year or greater
194	projected population of the rural land stewardship area.
195	Transferable rural land use credits are subject to the following
196	limitations:
197	a.  Transferable rural land use credits may only exist
198	within a rural land stewardship area.
199	b.  Transferable rural land use credits may only be used on
200	lands designated as receiving areas and then solely for the
201	purpose of implementing innovative planning and development
202	strategies and creative land use planning techniques adopted by
203	the local government pursuant to this section.
204	c.  Transferable rural land use credits assigned to a
205	parcel of land within a rural land stewardship area shall cease
206	to exist if the parcel of land is removed from the rural land
207	stewardship area by plan amendment.
208	d.  Neither the creation of the rural land stewardship area
209	by plan amendment nor the assignment of transferable rural land
210	use credits by the local government shall operate to displace
211	the underlying density of land uses assigned to a parcel of land
212	within the rural land stewardship area; however, if transferable
213	rural land use credits are transferred from a parcel for use
214	within a designated receiving area, the underlying density
215	assigned to the parcel of land shall cease to exist.
216	e.  The underlying density on each parcel of land located
217	within a rural land stewardship area shall not be increased or
218	decreased by the local government, except as a result of the
219	conveyance or use of transferable rural land use credits, as
220	long as the parcel remains within the rural land stewardship
221	area.
222	f.  Transferable rural land use credits shall cease to
223	exist on a parcel of land where the underlying density assigned
224	to the parcel of land is utilized.
225	g.  An increase in the density of use on a parcel of land
226	located within a designated receiving area may occur only
227	through the assignment or use of transferable rural land use
228	credits and shall not require a plan amendment.
229	h.  A change in the density of land use on parcels located
230	within receiving areas shall be specified in a development order
231	which reflects the total number of transferable rural land use
232	credits assigned to the parcel of land and the infrastructure
233	and support services necessary to provide for a functional mix
234	of land uses corresponding to the plan of development.
235	i.  Land within a rural land stewardship area may be
236	removed from the rural land stewardship area through a plan
237	amendment.
238	j.  Transferable rural land use credits may be assigned at
239	different ratios of credits per acre according to the natural
240	resource or other beneficial use characteristics of the land and
241	according to the land use remaining following the transfer of
242	credits, with the highest number of credits per acre assigned to
243	the most environmentally valuable land and a lesser number of
244	credits to be assigned to open space and agricultural land.
245	k.  The use or conveyance of transferable rural land use
246	credits must be recorded in the public records of the county in
247	which the property is located as a covenant or restrictive
248	easement running with the land in favor of the county and either
249	the Department of Environmental Protection, Department of
250	Agriculture and Consumer Services, a water management district,
251	or a recognized statewide land trust.
252	7.  Owners of land within rural land stewardship areas
253	should be provided incentives to enter into rural land
254	stewardship agreements, pursuant to existing law and rules
255	adopted thereto, with state agencies, water management
256	districts, and local governments to achieve mutually agreed upon
257	conservation objectives. Such incentives may include, but not be
258	limited to, the following:
259	a.  Opportunity to accumulate transferable mitigation
260	credits.
261	b.  Extended permit agreements.
262	c.  Opportunities for recreational leases and ecotourism.
263	d.  Payment for specified land management services on
264	publicly owned land, or property under covenant or restricted
265	easement in favor of a public entity.
266	e.  Option agreements for sale to public entities or
267	private land conservation entities, in either fee or easement,
268	upon achievement of conservation objectives.
269	8.  The department shall report to the Legislature on an
270	annual basis on the results of implementation of rural land
271	stewardship areas authorized by the department, including
272	successes and failures in achieving the intent of the
273	Legislature as expressed in this paragraph.
274	Section 4.  Paragraph (b) of subsection (19) of section
275	187.201, Florida Statutes, is amended to read:
276	187.201  State Comprehensive Plan adopted.--The Legislature
277	hereby adopts as the State Comprehensive Plan the following
278	specific goals and policies:
279	(19)  TRANSPORTATION.--
280	(b)  Policies.--
281	1.  By 1995, establish a high-speed rail system that links
282	the Tampa Bay area, Orlando, and Miami.
283	1.2.  Coordinate transportation investments in major travel
284	corridors to enhance system efficiency and minimize adverse
285	environmental impacts.
286	2.3.  Promote a comprehensive transportation planning
287	process which coordinates state, regional, and local
288	transportation plans.
289	3.4.  Allow flexibility in state and local participation in
290	funding of public transit projects and encourage construction
291	and use of toll facilities in order to meet transportation
292	needs.
293	4.5.  Ensure that existing port facilities and airports are
294	being used to the maximum extent possible before encouraging the
295	expansion or development of new port facilities and airports to
296	support economic growth.
297	5.6.  Promote timely resurfacing and repair of roads and
298	bridges to minimize costly reconstruction and to enhance safety.
299	6.7.  Develop a revenue base for transportation which is
300	consistent with the goals and policies of this plan.
301	7.8.  Encourage the construction and utilization of a
302	public transit system, including, but not limited to, a high-
303	speed rail system, in lieu of the expansion of the highway
304	system, where appropriate.
305	8.9.  Ensure that the transportation system provides
306	Florida's citizens and visitors with timely and efficient access
307	to services, jobs, markets, and attractions.
308	9.10.  Promote ride sharing by public and private sector
309	employees.
310	10.11.  Emphasize state transportation investments in major
311	travel corridors and direct state transportation investments to
312	contribute to efficient urban development.
313	11.12.  Avoid transportation improvements which encourage
314	or subsidize increased development in coastal high-hazard areas
315	or in identified environmentally sensitive areas such as
316	wetlands, floodways, or productive marine areas.
317	12.13.  Coordinate transportation improvements with state,
318	local, and regional plans.
319	13.14.  Acquire advanced rights-of-way for transportation
320	projects in designated transportation corridors consistent with
321	state, regional, and local plans.
322	14.15.  Promote effective coordination among various modes
323	of transportation in urban areas to assist urban development and
324	redevelopment efforts.
325	Section 5.  Subsection (5) of section 341.301, Florida
326	Statutes, is amended to read:
327	341.301  Definitions; ss. 341.302 and 341.303.--As used in
328	ss. 341.302 and 341.303, the term:
329	(5)  "Railroad" or "rail system" means any common carrier
330	fixed-guideway transportation system such as the conventional
331	steel rail-supported, steel-wheeled system. The term does not
332	include a high-speed rail line developed by the Department of
333	Transportation pursuant to ss. 341.8201-341.842.
334	Section 6.  Subsection (2) of section 341.302, Florida
335	Statutes, is amended to read:
336	341.302  Rail program, duties and responsibilities of the
337	department.--The department, in conjunction with other
338	governmental units and the private sector, shall develop and
339	implement a rail program of statewide application designed to
340	ensure the proper maintenance, safety, revitalization, and
341	expansion of the rail system to assure its continued and
342	increased availability to respond to statewide mobility needs.
343	Within the resources provided pursuant to chapter 216, and as
344	authorized under Title 49 C.F.R. part 212, the department shall:
345	(2)  Promote and facilitate the implementation of advanced
346	rail systems, including high-speed rail and magnetic levitation
347	systems.
348	Section 7.  Section 373.4138, Florida Statutes, is
349	repealed.
350	Section 8.  This act shall take effect July 1, 2005.

CODING: Words stricken are deletions; words underlined are additions.