Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 1978

070910

CHAMBER ACTION

Senate

Comm: FAV

3/26/2008

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House



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The Committee on Finance and Tax (Storms) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 487 and 488,

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insert:

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     Section 13.  Paragraphs (a), (h), and (j) of subsection (6)

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of section 163.3177, Florida Statutes, are amended to read:

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     163.3177  Required and optional elements of comprehensive

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plan; studies and surveys.--

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     (6)  In addition to the requirements of subsections (1)-(5)

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and (12), the comprehensive plan shall include the following

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elements:

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     (a)  A future land use plan element designating proposed

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future general distribution, location, and extent of the uses of

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land for residential uses, commercial uses, industry,

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agriculture, recreation, conservation, education, public

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buildings and grounds, other public facilities, and other

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categories of the public and private uses of land. Counties are

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encouraged to designate rural land stewardship areas, pursuant to

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the provisions of paragraph (11)(d), as overlays on the future

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land use map. Each future land use category must be defined in

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terms of uses included, and must include standards to be followed

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in the control and distribution of population densities and

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building and structure intensities. The proposed distribution,

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location, and extent of the various categories of land use shall

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be shown on a land use map or map series which shall be

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supplemented by goals, policies, and measurable objectives. The

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future land use plan shall be based upon surveys, studies, and

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data regarding the area, including the amount of land required to

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accommodate anticipated growth; the projected population of the

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area; the character of undeveloped land; the availability of

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water supplies, public facilities, and services; the need for

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redevelopment, including the renewal of blighted areas and the

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elimination of nonconforming uses which are inconsistent with the

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character of the community; the compatibility of uses on lands

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adjacent to or closely proximate to military installations and

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airports, as defined in s. 330.35 and consistent with s. 333.02;

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and, in rural communities, the need for job creation, capital

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investment, and economic development that will strengthen and

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diversify the community's economy. The future land use plan may

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designate areas for future planned development use involving

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combinations of types of uses for which special regulations may

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be necessary to ensure development in accord with the principles

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and standards of the comprehensive plan and this act. The future

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land use plan element shall include criteria to be used to

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achieve the compatibility of adjacent or closely proximate lands

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with military installations and airports, as defined in s. 330.35

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and consistent with s. 333.02. In addition, for rural

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communities, the amount of land designated for future planned

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industrial use shall be based upon surveys and studies that

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reflect the need for job creation, capital investment, and the

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necessity to strengthen and diversify the local economies, and

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shall not be limited solely by the projected population of the

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rural community. The future land use plan of a county may also

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designate areas for possible future municipal incorporation. The

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land use maps or map series shall generally identify and depict

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historic district boundaries and shall designate historically

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significant properties meriting protection. For coastal counties,

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the future land use element must include, without limitation,

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regulatory incentives and criteria that encourage the

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preservation of recreational and commercial working waterfronts

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as defined in s. 342.07. The future land use element must clearly

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identify the land use categories in which public schools are an

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allowable use. When delineating the land use categories in which

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public schools are an allowable use, a local government shall

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include in the categories sufficient land proximate to

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residential development to meet the projected needs for schools

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in coordination with public school boards and may establish

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differing criteria for schools of different type or size. Each

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local government shall include lands contiguous to existing

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school sites, to the maximum extent possible, within the land use

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categories in which public schools are an allowable use. The

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failure by a local government to comply with these school siting

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requirements will result in the prohibition of the local

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government's ability to amend the local comprehensive plan,

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except for plan amendments described in s. 163.3187(1)(b), until

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the school siting requirements are met. Amendments proposed by a

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local government for purposes of identifying the land use

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categories in which public schools are an allowable use are

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exempt from the limitation on the frequency of plan amendments

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contained in s. 163.3187. The future land use element shall

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include criteria that encourage the location of schools proximate

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to urban residential areas to the extent possible and shall

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require that the local government seek to collocate public

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facilities, such as parks, libraries, and community centers, with

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schools to the extent possible and to encourage the use of

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elementary schools as focal points for neighborhoods. For schools

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serving predominantly rural counties, defined as a county with a

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population of 100,000 or fewer, an agricultural land use category

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shall be eligible for the location of public school facilities if

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the local comprehensive plan contains school siting criteria and

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the location is consistent with such criteria. Local governments

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required to update or amend their comprehensive plan to include

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criteria and address compatibility of adjacent or closely

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proximate lands with existing or new airports, as defined in s.

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330.35 and consistent with s. 333.02, military installations in

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their future land use plan element shall transmit the update or

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amendment to the department by June 30, 2010 2006.

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     (h)1.  An intergovernmental coordination element showing

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relationships and stating principles and guidelines to be used in

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the accomplishment of coordination of the adopted comprehensive

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plan with the plans of school boards, regional water supply

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authorities, and other units of local government providing

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services but not having regulatory authority over the use of

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land, with the comprehensive plans of adjacent municipalities,

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the county, adjacent counties, or the region, with the state

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comprehensive plan and with the applicable regional water supply

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plan approved pursuant to s. 373.0361, as the case may require

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and as such adopted plans or plans in preparation may exist. This

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element of the local comprehensive plan shall demonstrate

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consideration of the particular effects of the local plan, when

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adopted, upon the development of adjacent municipalities, the

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county, adjacent counties, or the region, or upon the state

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comprehensive plan, as the case may require.

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     a.  The intergovernmental coordination element shall provide

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for procedures to identify and implement joint planning areas,

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especially for the purpose of annexation, municipal

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incorporation, and joint infrastructure service areas.

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     b.  The intergovernmental coordination element shall provide

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for recognition of campus master plans prepared pursuant to s.

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1013.30 and airport master plans pursuant to paragraph (k).

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     c.  The intergovernmental coordination element may provide

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for a voluntary dispute resolution process as established

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pursuant to s. 186.509 for bringing to closure in a timely manner

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intergovernmental disputes. A local government may develop and

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use an alternative local dispute resolution process for this

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purpose.

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     d. The intergovernmental coordination element shall provide

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for interlocal agreements, as established pursuant to s.

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333.03(1)(b).

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     2.  The intergovernmental coordination element shall further

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state principles and guidelines to be used in the accomplishment

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of coordination of the adopted comprehensive plan with the plans

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of school boards and other units of local government providing

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facilities and services but not having regulatory authority over

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the use of land. In addition, the intergovernmental coordination

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element shall describe joint processes for collaborative planning

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and decisionmaking on population projections and public school

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siting, the location and extension of public facilities subject

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to concurrency, and siting facilities with countywide

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significance, including locally unwanted land uses whose nature

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and identity are established in an agreement. Within 1 year of

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adopting their intergovernmental coordination elements, each

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county, all the municipalities within that county, the district

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school board, and any unit of local government service providers

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in that county shall establish by interlocal or other formal

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agreement executed by all affected entities, the joint processes

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described in this subparagraph consistent with their adopted

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intergovernmental coordination elements.

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     3.  To foster coordination between special districts and

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local general-purpose governments as local general-purpose

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governments implement local comprehensive plans, each independent

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special district must submit a public facilities report to the

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appropriate local government as required by s. 189.415.

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     4.a.  Local governments must execute an interlocal agreement

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with the district school board, the county, and nonexempt

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municipalities pursuant to s. 163.31777. The local government

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shall amend the intergovernmental coordination element to provide

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that coordination between the local government and school board

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is pursuant to the agreement and shall state the obligations of

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the local government under the agreement.

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     b.  Plan amendments that comply with this subparagraph are

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exempt from the provisions of s. 163.3187(1).

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     5.  The state land planning agency shall establish a

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schedule for phased completion and transmittal of plan amendments

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to implement subparagraphs 1., 2., and 3. from all jurisdictions

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so as to accomplish their adoption by December 31, 1999. A local

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government may complete and transmit its plan amendments to carry

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out these provisions prior to the scheduled date established by

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the state land planning agency. The plan amendments are exempt

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from the provisions of s. 163.3187(1).

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     6.  By January 1, 2004, any county having a population

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greater than 100,000, and the municipalities and special

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districts within that county, shall submit a report to the

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Department of Community Affairs which:

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     a.  Identifies all existing or proposed interlocal service

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delivery agreements regarding the following: education; sanitary

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sewer; public safety; solid waste; drainage; potable water; parks

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and recreation; and transportation facilities.

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     b.  Identifies any deficits or duplication in the provision

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of services within its jurisdiction, whether capital or

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operational. Upon request, the Department of Community Affairs

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shall provide technical assistance to the local governments in

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identifying deficits or duplication.

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     7.  Within 6 months after submission of the report, the

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Department of Community Affairs shall, through the appropriate

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regional planning council, coordinate a meeting of all local

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governments within the regional planning area to discuss the

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reports and potential strategies to remedy any identified

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deficiencies or duplications.

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     8.  Each local government shall update its intergovernmental

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coordination element based upon the findings in the report

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submitted pursuant to subparagraph 6. The report may be used as

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supporting data and analysis for the intergovernmental

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coordination element.

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     (j)  For each unit of local government within an urbanized

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area designated for purposes of s. 339.175, a transportation

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element, which shall be prepared and adopted in lieu of the

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requirements of paragraph (b) and paragraphs (7)(a), (b), (c),

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and (d) and which shall address the following issues:

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     1.  Traffic circulation, including major thoroughfares and

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other routes, including bicycle and pedestrian ways.

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     2.  All alternative modes of travel, such as public

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transportation, pedestrian, and bicycle travel.

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     3.  Parking facilities.

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     4.  Aviation, rail, seaport facilities, access to those

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facilities, and intermodal terminals.

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     5.  The availability of facilities and services to serve

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existing land uses and the compatibility between future land use

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and transportation elements.

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     6.  The capability to evacuate the coastal population prior

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to an impending natural disaster.

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     7.  Airports, projected airport and aviation development,

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and land use compatibility around airports, including airport

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hazard areas, as defined in ss. 333.01 and 333.02.

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     8.  An identification of land use densities, building

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intensities, and transportation management programs to promote

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public transportation systems in designated public transportation

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corridors so as to encourage population densities sufficient to

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support such systems.

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     9.  May include transportation corridors, as defined in s.

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334.03, intended for future transportation facilities designated

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pursuant to s. 337.273. If transportation corridors are

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designated, the local government may adopt a transportation

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corridor management ordinance.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 48, after the semicolon,

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insert:

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amending s. 163.3177, F.S.; revising land use and

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intergovernmental comprehensive plan provisions to include

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provisions that relate to airport land use compatibility

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planning;

3/25/2008  3:19:00 PM     10-05710-08

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