Florida Senate - 2009 COMMITTEE AMENDMENT
Bill No. CS for SB 362
Barcode 379810
LEGISLATIVE ACTION
Senate . House
Comm: WD .
04/14/2009 .
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The Committee on Transportation (Baker) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Between lines 121 and 122
4 insert:
5 (6) In addition to the requirements of subsections (1)-(5)
6 and (12), the comprehensive plan shall include the following
7 elements:
8 (a) A future land use plan element designating proposed future
9 general distribution, location, and extent of the uses of land
10 for residential uses, commercial uses, industry, agriculture,
11 recreation, conservation, education, public buildings and
12 grounds, other public facilities, and other categories of the
13 public and private uses of land. Counties are encouraged to
14 designate rural land stewardship areas, pursuant to the
15 provisions of paragraph (11)(d), as overlays on the future land
16 use map. Each future land use category must be defined in terms
17 of uses included, and must include standards to be followed in
18 the control and distribution of population densities and
19 building and structure intensities. The proposed distribution,
20 location, and extent of the various categories of land use shall
21 be shown on a land use map or map series which shall be
22 supplemented by goals, policies, and measurable objectives. The
23 future land use plan shall be based upon surveys, studies, and
24 data regarding the area, including the amount of land required
25 to accommodate anticipated growth; the projected population of
26 the area; the character of undeveloped land; the availability of
27 water supplies, public facilities, and services; the need for
28 redevelopment, including the renewal of blighted areas and the
29 elimination of nonconforming uses which are inconsistent with
30 the character of the community; the compatibility of uses on
31 lands adjacent to or closely proximate to military
32 installations; the discouragement of urban sprawl; energy
33 efficient land use patterns accounting for existing and future
34 electric power generation and transmission systems; greenhouse
35 gas reduction strategies; and, in rural communities, the need
36 for job creation, capital investment, and economic development
37 that will strengthen and diversify the community’s economy. The
38 future land use plan may designate areas for future planned
39 development use involving combinations of types of uses for
40 which special regulations may be necessary to ensure development
41 in accord with the principles and standards of the comprehensive
42 plan and this act. The future land use plan element shall
43 include criteria to be used to achieve the compatibility of
44 adjacent or closely proximate lands with military installations.
45 In addition, for rural communities and counties designated as a
46 rural area of critical economic concern pursuant to s. 288.0656,
47 the amount of land designated for future planned industrial,
48 residential, commercial, or other land use shall be based upon
49 surveys and studies that reflect the need for job creation,
50 capital investment, and the necessity to strengthen and
51 diversify the local economies, and shall not be limited solely
52 by the projected population of the rural community. The future
53 land use plan of a county may also designate areas for possible
54 future municipal incorporation or new town(s) which shall not be
55 limited by the projected population of the county. The land use
56 maps or map series shall generally identify and depict historic
57 district boundaries and shall designate historically significant
58 properties meriting protection. For coastal counties, the future
59 land use element must include, without limitation, regulatory
60 incentives and criteria that encourage the preservation of
61 recreational and commercial working waterfronts as defined in s.
62 342.07. The future land use element must clearly identify the
63 land use categories in which public schools are an allowable
64 use. When delineating the land use categories in which public
65 schools are an allowable use, a local government shall include
66 in the categories sufficient land proximate to residential
67 development to meet the projected needs for schools in
68 coordination with public school boards and may establish
69 differing criteria for schools of different type or size. Each
70 local government shall include lands contiguous to existing
71 school sites, to the maximum extent possible, within the land
72 use categories in which public schools are an allowable use. The
73 failure by a local government to comply with these school siting
74 requirements will result in the prohibition of the local
75 government’s ability to amend the local comprehensive plan,
76 except for plan amendments described in s. 163.3187(1)(b), until
77 the school siting requirements are met. Amendments proposed by a
78 local government for purposes of identifying the land use
79 categories in which public schools are an allowable use are
80 exempt from the limitation on the frequency of plan amendments
81 contained in s. 163.3187. The future land use element shall
82 include criteria that encourage the location of schools
83 proximate to urban residential areas to the extent possible and
84 shall require that the local government seek to collocate public
85 facilities, such as parks, libraries, and community centers,
86 with schools to the extent possible and to encourage the use of
87 elementary schools as focal points for neighborhoods. For
88 schools serving predominantly rural counties, defined as a
89 county with a population of 100,000 or fewer, an agricultural
90 land use category shall be eligible for the location of public
91 school facilities if the local comprehensive plan contains
92 school siting criteria and the location is consistent with such
93 criteria. Local governments required to update or amend their
94 comprehensive plan to include criteria and address compatibility
95 of adjacent or closely proximate lands with existing military
96 installations in their future land use plan element shall
97 transmit the update or amendment to the department by June 30,
98 2006.
99
100 ================= T I T L E A M E N D M E N T ================
101 And the title is amended as follows:
102 Delete line 16
103 and insert:
104 F.S.; specifying that rural areas of critical economic concern
105 are not limited by the projected population of the rural
106 community; authorizing the state land planning agency to