Senate Bill sb2098c1

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    Florida Senate - 2006                           CS for SB 2098

    By the Committee on Environmental Preservation; and Senator
    Bennett




    592-2130-06

  1                      A bill to be entitled

  2         An act relating to areas of critical state

  3         concern; amending s. 125.0108, F.S.;

  4         authorizing the continued levy of the tourist

  5         impact tax in areas of critical state concern

  6         removed from designation; amending s. 212.055,

  7         F.S.; authorizing certain counties to continue

  8         the use of a portion of local government

  9         infrastructure surtax proceeds for certain

10         purposes after removal of designation of an

11         area as an area of critical state concern;

12         amending s. 380.0552, F.S.; providing

13         requirements, procedures, and criteria for

14         Administration Commission removal of

15         designation of the Florida Keys Area as an area

16         of critical state concern; requiring removal of

17         the designation under certain circumstances;

18         providing for judicial review of Administration

19         Commission determinations; requiring review of

20         proposed comprehensive plans and amendments to

21         existing plans after removal of designation and

22         providing review criteria; amending s.

23         380.0666, F.S.; revising the powers of a land

24         authority in an area of critical state concern

25         to acquire property to provide affordable

26         housing; providing for continued power of a

27         land authority to acquire property within an

28         area of critical state concern removed from

29         designation; amending s. 380.0674, F.S.;

30         providing for the continuation of a land

31         authority in an area of critical state concern

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    Florida Senate - 2006                           CS for SB 2098
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 1         after removal of the designation; amending s.

 2         4, ch. 99-395, Laws of Florida; authorizing

 3         local governments in areas of critical state

 4         concern removed from designation to continue to

 5         enact ordinances relating to central sewerage

 6         systems; providing for continuation of existing

 7         state liability in certain inverse condemnation

 8         actions related to the Florida Keys Area after

 9         removal of designation; providing an effective

10         date.

11  

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

13  

14         Section 1.  Paragraph (g) is added to subsection (1) of

15  section 125.0108, Florida Statutes, to read:

16         125.0108  Areas of critical state concern; tourist

17  impact tax.--

18         (1)

19         (g)  A county that has levied the tourist impact tax

20  authorized by this section in an area or areas designated as

21  an area of critical state concern for at least 20 consecutive

22  years prior to removal of the designation may continue to levy

23  the tourist impact tax in accordance with this section for 20

24  years following removal of the designation. After expiration

25  of the 20-year period, a county may continue to levy the

26  tourist impact tax authorized by this section if the county

27  adopts an ordinance reauthorizing levy of the tax and the

28  continued levy of the tax is approved by referendum as

29  provided for in subsection (5).

30         Section 2.  Paragraph (f) of subsection (2) of section

31  212.055, Florida Statutes, is amended to read:

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    Florida Senate - 2006                           CS for SB 2098
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 1         212.055  Discretionary sales surtaxes; legislative

 2  intent; authorization and use of proceeds.--It is the

 3  legislative intent that any authorization for imposition of a

 4  discretionary sales surtax shall be published in the Florida

 5  Statutes as a subsection of this section, irrespective of the

 6  duration of the levy. Each enactment shall specify the types

 7  of counties authorized to levy; the rate or rates which may be

 8  imposed; the maximum length of time the surtax may be imposed,

 9  if any; the procedure which must be followed to secure voter

10  approval, if required; the purpose for which the proceeds may

11  be expended; and such other requirements as the Legislature

12  may provide. Taxable transactions and administrative

13  procedures shall be as provided in s. 212.054.

14         (2)  LOCAL GOVERNMENT INFRASTRUCTURE SURTAX.--

15         (f)1.  Notwithstanding paragraph (d), a county that has

16  a population of 50,000 or less on April 1, 1992, or any county

17  designated as an area of critical state concern on the

18  effective date of this act, and that imposed the surtax before

19  July 1, 1992, may use the proceeds and interest of the surtax

20  for any public purpose if:

21         a.  The debt service obligations for any year are met;

22         b.  The county's comprehensive plan has been determined

23  to be in compliance with part II of chapter 163; and

24         c.  The county has adopted an amendment to the surtax

25  ordinance pursuant to the procedure provided in s. 125.66

26  authorizing additional uses of the surtax proceeds and

27  interest.

28         2.  A municipality located within a county that has a

29  population of 50,000 or less on April 1, 1992, or within a

30  county designated as an area of critical state concern on the

31  effective date of this act, and that imposed the surtax before

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    Florida Senate - 2006                           CS for SB 2098
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 1  July 1, 1992, may not use the proceeds and interest of the

 2  surtax for any purpose other than an infrastructure purpose

 3  authorized in paragraph (d) unless the municipality's

 4  comprehensive plan has been determined to be in compliance

 5  with part II of chapter 163 and the municipality has adopted

 6  an amendment to its surtax ordinance or resolution pursuant to

 7  the procedure provided in s. 166.041 authorizing additional

 8  uses of the surtax proceeds and interest. Such municipality

 9  may expend the surtax proceeds and interest for any public

10  purpose authorized in the amendment.

11         3.  Those counties designated as an area of critical

12  state concern which qualify to use the surtax for any public

13  purpose may use only up to 10 percent of the surtax proceeds

14  for any public purpose other than for infrastructure purposes

15  authorized by this section. A county that was designated as an

16  area of critical state concern for at least 20 consecutive

17  years prior to removal of the designation, and that qualified

18  to use the surtax for any public purpose at the time of the

19  removal of the designation, may continue to use up to 10

20  percent of the surtax proceeds for any public purpose other

21  than for infrastructure purposes for 20 years following

22  removal of the designation, notwithstanding subparagraph (a)2.

23  After expiration of the 20-year period, a county may continue

24  to use up to 10 percent of the surtax proceeds for any public

25  purpose other than for infrastructure if the county adopts an

26  ordinance providing for such continued use of the surtax

27  proceeds.

28         Section 3.  Subsection (4) of section 380.0552, Florida

29  Statutes, is amended to read:

30         380.0552  Florida Keys Area; protection and designation

31  as area of critical state concern.--

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    Florida Senate - 2006                           CS for SB 2098
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 1         (4)  REMOVAL OF DESIGNATION.--

 2         (a)  Between July 12, 2008, and August 30, 2008, the

 3  state land planning agency shall submit a written report to

 4  the Administration Commission describing in detail the

 5  progress of the Florida Keys Area toward accomplishing the

 6  tasks of the work program as defined in paragraph (c) and

 7  providing a recommendation as to whether substantial progress

 8  toward accomplishing the tasks of the work program has been

 9  achieved. Subsequent to receipt of the report, the

10  Administration Commission shall determine, prior to October 1,

11  2008, whether substantial progress has been achieved toward

12  accomplishing the tasks of the work program. The designation

13  of the Florida Keys Area as an area of critical state concern

14  under this section shall be removed October 1, 2009, unless

15  the Administration Commission finds, after receipt of the

16  state land planning agency report, that substantial progress

17  has not been achieved toward accomplishing the tasks of the

18  work program. If the designation of the Florida Keys Area as

19  an area of critical state concern is removed, the

20  Administration Commission, within 60 days after removal of the

21  designation, shall initiate rulemaking pursuant to chapter 120

22  to repeal any rules relating to the designation of the Florida

23  Keys Area as an area of critical state concern. If, after

24  receipt of the state land planning agency's report, the

25  Administration Commission finds that substantial progress

26  toward accomplishing the tasks of the work program has not

27  been achieved, the Administration Commission shall provide a

28  written report to the Monroe County Commission within 30 days

29  after making such finding detailing the tasks under the work

30  program that must be accomplished in order for substantial

31  progress to be achieved within the next 12 months.

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    Florida Senate - 2006                           CS for SB 2098
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 1         (b)  If the designation of the Florida Keys Area as an

 2  area of critical state concern is not removed in accordance

 3  with paragraph (a), the state land planning agency shall

 4  submit a written annual report to the Administration

 5  Commission on November 1 of each year, until such time as the

 6  designation is removed, describing the progress of the Florida

 7  Keys Area toward accomplishing remaining tasks under the work

 8  program and providing a recommendation as to whether

 9  substantial progress toward accomplishing the tasks of the

10  work program has been achieved. The Administration Commission

11  shall determine, within 45 days after receipt of the annual

12  report, whether substantial progress has been achieved toward

13  accomplishing the remaining tasks of the work program. The

14  designation of the Florida Keys Area as an area of critical

15  state concern under this section shall be removed unless the

16  Administration Commission finds that substantial progress has

17  not been achieved toward accomplishing the tasks of the work

18  program. If the designation of the Florida Keys Area as an

19  area of critical state concern is removed, the Administration

20  Commission, within 60 days after removal of the designation,

21  shall initiate rulemaking pursuant to chapter 120 to repeal

22  any rules relating to the designation of the Florida Keys Area

23  as an area of critical state concern. If the Administration

24  Commission finds that substantial progress has not been

25  achieved, the Administration Commission shall provide to the

26  Monroe County Commission, within 30 days after making its

27  finding, a report detailing the tasks under the work program

28  which must be accomplished in order for substantial progress

29  to be achieved within the next 12 months.

30         (c)  For purposes of this subsection, the term "work

31  program" means the 10-year work program as set forth in

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    Florida Senate - 2006                           CS for SB 2098
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 1  chapter 28-20.110, Florida Administrative Code, on January 1,

 2  2006, excluding amendments to the work program that take

 3  effect after January 1, 2006.

 4         (d)  The determination of the Administration Commission

 5  as to whether substantial progress has been made toward

 6  accomplishing the tasks of the work program may be judicially

 7  reviewed pursuant to chapter 86. All proceedings shall be

 8  conducted in the circuit court where the Administration

 9  Commission maintains its headquarters and shall be initiated

10  within 30 days after rendition of the Administration

11  Commission's determination. The Administration Commission's

12  determination as to whether substantial progress has been made

13  toward accomplishing the tasks of the work program shall be

14  upheld if it is supported by competent and substantial

15  evidence and shall not be subject to administrative review

16  under chapter 120.

17         (e)  After removal of the designation as an area of

18  critical state concern, the state land planning agency shall

19  review proposed local comprehensive plans, and any amendments

20  to existing comprehensive plans, which are applicable to the

21  Florida Keys Area, the boundaries of which were described in

22  chapter 28-29, Florida Administrative Code, as of January 1,

23  2006, for compliance with subparagraphs 1. and 2., in addition

24  to reviewing proposed local comprehensive plans and amendments

25  for compliance as defined in s. 163.3184. All procedures and

26  penalties described in s. 163.3184 apply to the review

27  conducted pursuant to this paragraph.

28         1.  Adoption of construction schedules for wastewater

29  facilities improvements in the annually adopted capital

30  improvements element and adoption of standards for the

31  

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    Florida Senate - 2006                           CS for SB 2098
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 1  construction of wastewater treatment facilities which meet or

 2  exceed the criteria of chapter 99-395, Laws of Florida.

 3         2.  Adoption of goals, objectives, and policies to

 4  protect public safety and welfare in the event of a natural

 5  disaster by maintaining a hurricane evacuation clearance time

 6  for permanent residents of no more than 24 hours. The

 7  hurricane evacuation clearance time shall be determined by a

 8  hurricane evacuation study conducted in accordance with a

 9  professionally accepted methodology and approved by the  state

10  land planning agency. The state land planning agency,

11  following July 15, 1990, shall recommend to the Administration

12  Commission the removal of the designation specified in

13  subsection (3) if it determines that all local land

14  development regulations and local comprehensive plans and the

15  administration of such regulations and plans are adequate to

16  protect the Florida Keys Area and continue to carry out the

17  legislative intent incorporated in subsection (2) and are in

18  compliance with the principles for guiding development

19  incorporated in subsection (7). If the Administration

20  Commission concurs with the recommendations of the state land

21  planning agency to remove the designation, it shall, within 45

22  days of receipt of the recommendation, initiate rulemaking to

23  remove the designation. The state land planning agency shall

24  thereafter make said determination annually, until such time

25  as the designation is removed.

26         Section 4.  Subsection (3) of section 380.0666, Florida

27  Statutes, is amended to read:

28         380.0666  Powers of land authority.--The land authority

29  shall have all the powers necessary or convenient to carry out

30  and effectuate the purposes and provisions of this act,

31  

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    Florida Senate - 2006                           CS for SB 2098
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 1  including the following powers, which are in addition to all

 2  other powers granted by other provisions of this act:

 3         (3)  To acquire and dispose of real and personal

 4  property or any interest therein when such acquisition is

 5  necessary or appropriate to protect the natural environment,

 6  provide public access or public recreational facilities,

 7  preserve wildlife habitat areas, provide affordable housing to

 8  families whose income does not exceed 160 percent of the

 9  median family income for the area very-low-income, low-income,

10  or moderate-income persons, as defined in s. 420.0004, or

11  provide access to management of acquired lands; to acquire

12  interests in land by means of land exchanges; and to enter

13  into all alternatives to the acquisition of fee interests in

14  land, including, but not limited to, the acquisition of

15  easements, development rights, life estates, leases, and

16  leaseback arrangements. However, the land authority shall make

17  such acquisition only if:

18         (a)  Such acquisition is consistent with land

19  development regulations and local comprehensive plans adopted

20  and approved pursuant to this chapter;

21         (b)  The property acquired is within an area designated

22  as an area of critical state concern at the time of

23  acquisition or is within an area that was designated as an

24  area of critical state concern for at least 20 consecutive

25  years prior to removal of the designation; and

26         (c)  The property to be acquired has not been selected

27  for purchase through another local, regional, state, or

28  federal public land acquisition program. Such restriction

29  shall not apply if the land authority cooperates with the

30  other public land acquisition programs which listed the lands

31  for acquisition, to coordinate the acquisition and disposition

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    Florida Senate - 2006                           CS for SB 2098
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 1  of such lands. In such cases, the land authority may enter

 2  into contractual or other agreements to acquire lands jointly

 3  or for eventual resale to other public land acquisition

 4  programs.

 5         Section 5.  Section 380.0674, Florida Statutes, is

 6  amended to read:

 7         380.0674  Corporate existence.--

 8         (1)  The land authority and its corporate existence

 9  shall continue until terminated by law or action of the

10  governing board of the county that established it; however, no

11  such law or action shall take effect so long as the land

12  authority shall have bonds outstanding unless adequate

13  provision has been made for the payment thereof. Upon

14  termination of the existence of the land authority, all its

15  rights and properties in excess of its obligations shall pass

16  to and be vested in the state.

17         (2)  A land authority created by a county in which one

18  or more areas have been designated as an area of critical

19  state concern for at least 20 consecutive years prior to

20  removal of the designation shall continue to exist and

21  exercise all powers granted by this chapter until terminated

22  by law or action of the governing board pursuant to subsection

23  (1).

24         Section 6.  Section 4 of chapter 99-395, Laws of

25  Florida, is amended to read:

26         Section 4.  Notwithstanding any provision of chapter

27  380, part I, to the contrary, a local government within the

28  Florida Keys area of critical state concern or an area that

29  was designated as an area of critical state concern for at

30  least 20 consecutive years prior to removal of the designation

31  may enact an ordinance that:

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    Florida Senate - 2006                           CS for SB 2098
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 1         (1)  Requires connection to a central sewerage system

 2  within 30 days of notice of availability of services; and

 3         (2)  Provides a definition of onsite sewage treatment

 4  and disposal systems that does not exclude package sewage

 5  treatment facilities if such facilities are in full compliance

 6  with all regulatory requirements and treat sewage to advanced

 7  wastewater treatment standards or utilize effluent reuse as

 8  their primary method of effluent disposal.

 9         Section 7.  If the designation of the Florida Keys Area

10  as an area of critical state concern is removed, the state

11  shall be liable in any inverse condemnation action initiated

12  as a result of Monroe County land use regulations applicable

13  to the Florida Keys Area as described in chapter 28-29,

14  Florida Administrative Code, and adopted pursuant to

15  instructions from the Administration Commission or pursuant to

16  administrative rule of the Administration Commission, to the

17  same extent that the state was liable on the date the

18  Administration Commission determined that substantial progress

19  had been made toward accomplishing the tasks of the work

20  program as defined in s. 380.0552(4)(c), Florida Statutes. If,

21  after the designation of the Florida Keys Area as an area of

22  critical state concern is removed, an inverse condemnation

23  action is initiated based upon land use regulations that were

24  not adopted pursuant to instructions from the Administration

25  Commission or pursuant to administrative rule of the

26  Administration Commission and in effect on the date of the

27  designation's removal, the state's liability in the inverse

28  condemnation action shall be determined by the courts in the

29  manner in which the state's liability is determined in areas

30  that are not areas of critical state concern. The state shall

31  have standing to appear in any inverse condemnation action.

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    Florida Senate - 2006                           CS for SB 2098
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 1         Section 8.  This act shall take effect July 1, 2006.

 2  

 3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 4                         Senate Bill 2098

 5                                 

 6  The committee substitute provides that any county for which a
    designation as an area of critical state concern has been
 7  removed, and that levies the tourist impact tax for 20 years
    after the removal of the designation, may continue to levy the
 8  tax after the 20-year period if the county adopts an ordinance
    reauthorizing the levy and the continued levy of the tax is
 9  approved by a voter referendum.  The committee substitute also
    provides that any county for which a designation as an area of
10  critical state concern has been removed, and that qualifies to
    use up to 10 percent of the local government infrastructure
11  surtax for any public purpose other than infrastructure for up
    to 20 years following the removal of the designation, may
12  continue to use up to 10 percent of the surtax proceeds after
    the expiration of the 20-year period for any public purpose
13  other than infrastructure if the county adopts an ordinance
    providing for such continued use.
14  
    The committee substitute provides that between July 12, 2008
15  and August 30, 2008, the state land planning agency must
    submit a written report to the Administration Commission
16  describing in detail the progress of the Florida Keys Area in
    accomplishing tasks in the work program.  If the
17  Administration Commission determines that substantial progress
    has been achieved, the designation of the Florida Keys Area as
18  an area of critical state concern shall be removed October 1,
    2009.
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