HB 1577

1	A bill to be entitled
2	An act relating to local government comprehensive plans;
3	amending s. 163.3177, F.S.; authorizing certain
4	municipalities to apply to the state land planning agency
5	for a waiver from certain capital improvements element and
6	schedule update requirements and certain comprehensive
7	plan amendment prohibitions under certain circumstances;
8	specifying waiver criteria; requiring the agency to grant
9	the waiver under certain circumstances; authorizing
10	certain municipalities to apply to the state land planning
11	agency for a waiver of certain water supply element
12	requirements for future land use principles and
13	guidelines; requiring the agency to grant the waiver under
14	certain circumstances; amending s. 163.3191, F.S.;
15	authorizing certain municipalities to apply to the state
16	land planning agency for a waiver of certain comprehensive
17	plan evaluation and appraisal requirements; specifying
18	waiver criteria; requiring the agency to grant the waiver
19	under certain circumstances; amending s. 218.39, F.S.;
20	revising a municipal revenue criterion relating to annual
21	financial audit requirements; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Paragraph (g) is added to subsection (3) of
26	section 163.3177, Florida Statutes, and paragraph (c) of
27	subsection (6) of that section is amended, to read:
28	163.3177  Required and optional elements of comprehensive
29	plan; studies and surveys.-
30	(3)
31	(g)1.  A municipality may apply to the state land planning
32	agency for a waiver of the update requirements to the existing
33	capital improvements element and schedule under paragraph (b)
34	and a waiver of the comprehensive plan amendment prohibition and
35	the provisions of subparagraph (b)2. and paragraph (c) if:
36	a.  The municipality has:
37	(I)  An annual budget of less than $250,000.
38	(II)  Vacant property, if any, that does not exceed 20
39	percent of the total land area of the municipality or a total of
40	25 acres, whichever is less.
41	(III)  No annexation activity.
42	(IV)  No development in the jurisdiction that is new since
43	the last update of the capital improvements element and
44	schedule.
45	(V)  No scheduled capital improvements.
46	(VI)  No change to its comprehensive plan since the last
47	review of the capital improvements element.
48	b.  The municipality recognizes and acklowledges in the
49	application that any future amendments to the comprehensive plan
50	will require determination of any needed capital improvements.
51	2.  If an elibible municipality applies for the waivers,
52	the state land planning agency shall grant the waivers upon a
53	finding by the agency that the municipality complies with
54	subparagraph 1.
55	(6)  In addition to the requirements of subsections (1)-(5)
56	and (12), the comprehensive plan shall include the following
57	elements:
58	(c)1.  A general sanitary sewer, solid waste, drainage,
59	potable water, and natural groundwater aquifer recharge element
60	correlated to principles and guidelines for future land use,
61	indicating ways to provide for future potable water, drainage,
62	sanitary sewer, solid waste, and aquifer recharge protection
63	requirements for the area. The element may be a detailed
64	engineering plan including a topographic map depicting areas of
65	prime groundwater recharge. The element shall describe the
66	problems and needs and the general facilities that will be
67	required for solution of the problems and needs. The element
68	shall also include a topographic map depicting any areas adopted
69	by a regional water management district as prime groundwater
70	recharge areas for the Floridan or Biscayne aquifers. These
71	areas shall be given special consideration when the local
72	government is engaged in zoning or considering future land use
73	for said designated areas. For areas served by septic tanks,
74	soil surveys shall be provided which indicate the suitability of
75	soils for septic tanks. Within 18 months after the governing
76	board approves an updated regional water supply plan, the
77	element must incorporate the alternative water supply project or
78	projects selected by the local government from those identified
79	in the regional water supply plan pursuant to s. 373.0361(2)(a)
80	or proposed by the local government under s. 373.0361(8)(b). If
81	a local government is located within two water management
82	districts, the local government shall adopt its comprehensive
83	plan amendment within 18 months after the later updated regional
84	water supply plan. The element must identify such alternative
85	water supply projects and traditional water supply projects and
86	conservation and reuse necessary to meet the water needs
87	identified in s. 373.0361(2)(a) within the local government's
88	jurisdiction and include a work plan, covering at least a 10
89	year planning period, for building public, private, and regional
90	water supply facilities, including development of alternative
91	water supplies, which are identified in the element as necessary
92	to serve existing and new development. The work plan shall be
93	updated, at a minimum, every 5 years within 18 months after the
94	governing board of a water management district approves an
95	updated regional water supply plan. Amendments to incorporate
96	the work plan do not count toward the limitation on the
97	frequency of adoption of amendments to the comprehensive plan.
98	Local governments, public and private utilities, regional water
99	supply authorities, special districts, and water management
100	districts are encouraged to cooperatively plan for the
101	development of multijurisdictional water supply facilities that
102	are sufficient to meet projected demands for established
103	planning periods, including the development of alternative water
104	sources to supplement traditional sources of groundwater and
105	surface water supplies.
106	2.a.  A municipality may apply to the state land planning
107	agency for a waiver from the requirements of this paragraph
108	applicable to amendments to update the regional water supply
109	plan if the municipality meets all of the following criteria for
110	having no significant impact:
111	(I)  The municipality has:
112	(A)  An annual budget of less than $250,000.
113	(B)  Vacant property, if any, that does not exceed 20
114	percent of the total land area of the municipality or a total of
115	25 acres, whichever is less.
116	(C)  No annexation activity.
117	(D)  No new development in the jurisdiction that is new
118	since the last update of the capital improvements element and
119	schedule.
120	(E)  No change to its comprehensive plan since the last
121	review of the capital improvements element.
122	(II)  The municipality recognizes and acklowledges in the
123	application that any future amendments to the comprehensive plan
124	will require determination of any impacts to water supply
125	availability and may require amendments to this element as well.
126	b.  If an eligible miunicipality applies for a waiver, the
127	state land planning agency shall grant the waiver upon a finding
128	by the agency that the municipality complies with sub-
129	subparagraph a.
130	Section 2.  Subsection (15) is added to section 163.3191,
131	Florida Statutes, to read:
132	163.3191  Evaluation and appraisal of comprehensive plan.-
133	(15)(a)  A municipality may apply to the state land
134	planning agency for a waiver of the requirements of this section
135	and the scoping meeting requirement as provided by subsection
136	(3) if:
137	1.  The municipality has:
138	a.  An annual budget of less than $250,000.
139	b.  Vacant property, if any, that does not exceed 20
140	percent of the total land area of the municipality or a total of
141	25 acres, whichever is less.
142	c.  No annexation activity.
143	d.  No development in the jurisdiction that is new since
144	the last update of the capital improvements element and
145	schedule.
146	e.  No change to its comprehensive plan since the last
147	review of the capital improvements element.
148	2.  The municipality recognizes and acklowledges in the
149	application that any future amendments to the comprehensive plan
150	will require a comprehensive update of the plan to reflect
151	appropriate planning periods in the future.
152	(b)  If an eligible municipality applies for a waiver, the
153	state land planning agency shall grant the waiver upon a finding
154	by the agency that the municipality complies with paragraph (a).
155	Section 3.  Paragraph (g) of subsection (1) of section
156	218.39, Florida Statutes, is amended to read:
157	218.39  Annual financial audit reports.-
158	(1)  If, by the first day in any fiscal year, a local
159	governmental entity, district school board, charter school, or
160	charter technical career center has not been notified that a
161	financial audit for that fiscal year will be performed by the
162	Auditor General, each of the following entities shall have an
163	annual financial audit of its accounts and records completed
164	within 12 months after the end of its fiscal year by an
165	independent certified public accountant retained by it and paid
166	from its public funds:
167	(g)  Each municipality with revenues or the total of
168	expenditures and expenses of less than between $100,000 and
169	$250,000 that has not been subject to a financial audit pursuant
170	to this subsection for the 4 2 preceding fiscal years.
171	Section 4.  This act shall take effect upon becoming a law.

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