Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. PCS for SB 1020 (760316)
Barcode 331644
CHAMBER ACTION
Senate House
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11 The Committee on Community Affairs (Bennett) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 On page 39, between lines 22 and 23,
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17 insert:
18 Section 8. Section 380.0652, Florida Statutes, is
19 created to read:
20 380.0652 Comprehensive plan amendments creating new
21 towns in rural counties.--
22 (1) This section is intended primarily for a
23 development of regional impact which requires an amendment to
24 the comprehensive plan in order to establish a new town in an
25 eligible county; however, this section may also be used by an
26 applicant proposing a development that is exempt from review
27 as a development of regional impact under s. 380.06(24).
28 (2) A local government may adopt an amendment to its
29 comprehensive plan under this section if the county is
30 designated as a rural area of critical economic concern or has
31 a population of fewer than 500,000 persons and has a rural
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. PCS for SB 1020 (760316)
Barcode 331644
1 future land use map that designates a density of one unit per
2 5 acres or fewer, which comprises 50 percent or more of all
3 land area of the jurisdiction, excluding lands designated as
4 conservation within the jurisdiction. Eligibility shall be
5 determined as of the date any plan amendment is adopted
6 pursuant to this section. The applicant for such a plan
7 amendment may include a landowner or the local government.
8 (3) An amendment to the comprehensive plan may be
9 adopted if the amendment increases density and the intensity
10 of land use based on economic need and such plan amendment may
11 not be limited by population projections. The local government
12 may consider factors such as job creation, capital investment,
13 economic diversification, targeted industries, economic
14 clustering, provision of adequate labor supply, regional
15 growth demands, spillover effects, and similar considerations
16 as the primary policy basis for adopting such a plan
17 amendment, if the amendment complies with the following siting
18 and design criteria:
19 (a) Includes a minimum of 25,000 acres;
20 (b) Is located within an existing urban service area,
21 an area served by existing or planned urban infrastructure, or
22 a self-contained and planned rural town as shown on the future
23 land use map; and
24 (c) Is consistent with the following requirements,
25 which must be implemented by supporting policies of the
26 comprehensive plan:
27 1. Contains an integrated mix of land uses, including
28 residential, employment, retail, and service uses; contains
29 community facilities and conservation uses to ensure
30 self-sufficiency and minimize external impacts; or contains an
31 integrated mix of uses that are appropriate for any portions
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. PCS for SB 1020 (760316)
Barcode 331644
1 proposed as a self-contained retirement community;
2 2. Establishes minimum gross densities necessary to
3 support the objectives of this section;
4 3. Is designed to promote multimodal alternatives,
5 including walking, bicycling, motorized personal vehicles, and
6 public transit;
7 4. Designates as conservation lands, or otherwise
8 protects, regionally significant wetlands, high-quality
9 habitats as determined based on the Integrated Wildlife
10 Habitat Ranking System, and significant wildlife corridors,
11 and allows opportunities for passive recreational uses;
12 5. Includes buffers to protect adjacent agricultural
13 and natural resources and provides incentive-based policies to
14 promote retention of highly productive agricultural areas on
15 site as a viable component of the economic base and for the
16 enhancement of agriculture and agribusiness as an economic
17 sector within the local government;
18 6. Achieves a positive net fiscal impact on the
19 jurisdiction as determined through the use of a professionally
20 acceptable fiscal-impact model or methodology;
21 7. Is financially feasible and supported by policies
22 ensuring that infrastructure is provided on a phased-in basis
23 to address identified needs through the long-range planning
24 period of the adopted comprehensive plan. A development
25 agreement or development-of-regional-impact development order
26 shall be referenced in the capital improvements schedule in
27 order to address financial feasibility and provide appropriate
28 strategies for the long-term provision of required
29 infrastructure;
30 8. Includes a conceptual site plan generally depicting
31 the organization of land uses, habitat conservation areas,
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. PCS for SB 1020 (760316)
Barcode 331644
1 major open space and buffer areas, waterbodies, roadways, and
2 other features consistent with the policies adopted in the
3 comprehensive plan pursuant to this subsection. A
4 development-of-regional-impact development order adopted
5 within the proposed amendment site must be consistent with the
6 conceptual site plan and may be adopted concurrent with, or
7 subsequent to, the adoption of the plan amendment; and
8 9. Is not located within a coastal high hazard area or
9 within the Coastal Barrier Resources System.
10 (4) The Department of Community Affairs may not find a
11 plan amendment not in compliance as related to need or urban
12 sprawl, as addressed in s. 163.3177(6)(a) and rule 9J-5.006,
13 Florida Administrative Code, if the requirements of this
14 section are met. This section does not limit the ability of
15 the Department of Community Affairs to find such a
16 comprehensive plan amendment not in compliance based on other
17 statutory criteria that are unrelated to need or urban sprawl.
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19 (Redesignate subsequent sections.)
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22 ================ T I T L E A M E N D M E N T ===============
23 And the title is amended as follows:
24 On page 3, line 8, after the semicolon,
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26 insert:
27 amending s. 380.0652, F.S.; authorizing certain
28 amendments to a comprehensive plan for purposes
29 of creating a new town in a rural county;
30 providing requirements for such amendments;
31 specifying siting and design criteria;
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. PCS for SB 1020 (760316)
Barcode 331644
1 providing additional policy requirements;
2 prohibiting the Department of Community Affairs
3 from finding an amendment to the comprehensive
4 plan not in compliance if such requirements are
5 met;
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