Amendment
Bill No. CS/HB 7129

Amendment No. 843483

CHAMBER ACTION
Senate		House
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1	Representative Clemens offered the following:
2
3	Amendment
4	Remove lines 352-662 and insert:
5	Section 6.  Section 163.3164, Florida Statutes, is amended
6	to read:
7	163.3164  Community Local Government Comprehensive Planning
8	and Land Development Regulation Act; definitions.-It is the
9	intent of the Legislature to protect the rights of all Florida
10	citizens, protect the economy, provide for the education of
11	children, promote healthy communities, provide efficient
12	transportation, and protect the environment by requiring
13	developers to provide the infrastructure and services required
14	by new developments so the costs of accommodating new residents
15	is not passed on to existing taxpayers. As used in this act:
16	(1)  "Administration Commission" means the Governor and the
17	Cabinet, and for purposes of this chapter the commission shall
18	act on a simple majority vote, except that for purposes of
19	imposing the sanctions provided in s. 163.3184(8)(11),
20	affirmative action shall require the approval of the Governor
21	and at least two three other members of the commission.
22	(2)  "Affordable housing" has the same meaning as in s.
23	420.0004(3).
24	(3)(33)  "Agricultural enclave" means an unincorporated,
25	undeveloped parcel that:
26	(a)  Is owned by a single person or entity;
27	(b)  Has been in continuous use for bona fide agricultural
28	purposes, as defined by s. 193.461, for a period of 5 years
29	prior to the date of any comprehensive plan amendment
30	application;
31	(c)  Is surrounded on at least 75 percent of its perimeter
32	by:
33	1.  Property that has existing industrial, commercial, or
34	residential development; or
35	2.  Property that the local government has designated, in
36	the local government's comprehensive plan, zoning map, and
37	future land use map, as land that is to be developed for
38	industrial, commercial, or residential purposes, and at least 75
39	percent of such property is existing industrial, commercial, or
40	residential development;
41	(d)  Has public services, including water, wastewater,
42	transportation, schools, and recreation facilities, available or
43	such public services are scheduled in the capital improvement
44	element to be provided by the local government or can be
45	provided by an alternative provider of local government
46	infrastructure in order to ensure consistency with applicable
47	concurrency provisions of s. 163.3180; and
48	(e)  Does not exceed 1,280 acres; however, if the property
49	is surrounded by existing or authorized residential development
50	that will result in a density at buildout of at least 1,000
51	residents per square mile, then the area shall be determined to
52	be urban and the parcel may not exceed 4,480 acres.
53	(4)  "Antiquated subdivision" means a subdivision that was
54	recorded or approved more than 20 years ago and that has
55	substantially failed to be built and the continued buildout of
56	the subdivision in accordance with the subdivision's zoning and
57	land use purposes would cause an imbalance of land uses and
58	would be detrimental to the local and regional economies and
59	environment, hinder current planning practices, and lead to
60	inefficient and fiscally irresponsible development patterns as
61	determined by the respective jurisdiction in which the
62	subdivision is located.
63	(5)(2)  "Area" or "area of jurisdiction" means the total
64	area qualifying under the provisions of this act, whether this
65	be all of the lands lying within the limits of an incorporated
66	municipality, lands in and adjacent to incorporated
67	municipalities, all unincorporated lands within a county, or
68	areas comprising combinations of the lands in incorporated
69	municipalities and unincorporated areas of counties.
70	(6)  "Capital improvement" means physical assets
71	constructed or purchased to provide, improve, or replace a
72	public facility and which are typically large scale and high in
73	cost. The cost of a capital improvement is generally
74	nonrecurring and may require multiyear financing. For the
75	purposes of this part, physical assets that have been identified
76	as existing or projected needs in the individual comprehensive
77	plan elements shall be considered capital improvements.
78	(7)(3)  "Coastal area" means the 35 coastal counties and
79	all coastal municipalities within their boundaries designated
80	coastal by the state land planning agency.
81	(8)  "Compatibility" means a condition in which land uses
82	or conditions can coexist in relative proximity to each other in
83	a stable fashion over time such that no use or condition is
84	unduly negatively impacted directly or indirectly by another use
85	or condition.
86	(9)(4)  "Comprehensive plan" means a plan that meets the
87	requirements of ss. 163.3177 and 163.3178.
88	(10)  "Deepwater ports" means the ports identified in s.
89	403.021(9).
90	(11)  "Density" means an objective measurement of the
91	number of people or residential units allowed per unit of land,
92	such as residents or employees per acre.
93	(12)(5)  "Developer" means any person, including a
94	governmental agency, undertaking any development as defined in
95	this act.
96	(13)(6)  "Development" has the same meaning as given it in
97	s. 380.04.
98	(14)(7)  "Development order" means any order granting,
99	denying, or granting with conditions an application for a
100	development permit.
101	(15)(8)  "Development permit" includes any building permit,
102	zoning permit, subdivision approval, rezoning, certification,
103	special exception, variance, or any other official action of
104	local government having the effect of permitting the development
105	of land.
106	(16)(25)  "Downtown revitalization" means the physical and
107	economic renewal of a central business district of a community
108	as designated by local government, and includes both downtown
109	development and redevelopment.
110	(17)(32)  "Financial feasibility" means that sufficient
111	revenues are currently available or will be available from
112	committed funding sources for the first 3 years, or will be
113	available from committed or planned funding sources for years 4
114	and 5, of a 5-year capital improvement schedule for financing
115	capital improvements, such as ad valorem taxes, bonds, state and
116	federal funds, tax revenues, impact fees, and developer
117	contributions, which are adequate to fund the projected costs of
118	the capital improvements identified in the comprehensive plan
119	necessary to ensure that adopted level-of-service standards are
120	achieved and maintained within the period covered by the 5-year
121	schedule of capital improvements. A comprehensive plan shall be
122	deemed financially feasible for transportation and school
123	facilities throughout the planning period addressed by the
124	capital improvements schedule if it can be demonstrated that the
125	level-of-service standards will be achieved and maintained by
126	the end of the planning period even if in a particular year such
127	improvements are not concurrent as required by s. 163.3180.
128	(18)  "Floodprone areas" means areas inundated during a
129	100-year flood event or areas identified by the National Flood
130	Insurance Program as an A Zone on flood insurance rate maps or
131	flood hazard boundary maps.
132	(19)  "Goal" means the long-term end toward which programs
133	or activities are ultimately directed.
134	(20)(9)  "Governing body" means the board of county
135	commissioners of a county, the commission or council of an
136	incorporated municipality, or any other chief governing body of
137	a unit of local government, however designated, or the
138	combination of such bodies where joint utilization of the
139	provisions of this act is accomplished as provided herein.
140	(21)(10)  "Governmental agency" means:
141	(a)  The United States or any department, commission,
142	agency, or other instrumentality thereof.
143	(b)  This state or any department, commission, agency, or
144	other instrumentality thereof.
145	(c)  Any local government, as defined in this section, or
146	any department, commission, agency, or other instrumentality
147	thereof.
148	(d)  Any school board or other special district, authority,
149	or governmental entity.
150	(22)  "Intensity" means an objective measurement of the
151	extent to which land may be developed or used, including the
152	consumption or use of the space above, on, or below ground; the
153	measurement of the use of or demand on natural resources; and
154	the measurement of the use of or demand on facilities and
155	services.
156	(23)  "Internal trip capture" means trips generated by a
157	mixed-use project that travel from one on-site land use to
158	another on-site land use without using the external road
159	network.
160	(24)(11)  "Land" means the earth, water, and air, above,
161	below, or on the surface, and includes any improvements or
162	structures customarily regarded as land.
163	(25)(22)  "Land development regulation commission" means a
164	commission designated by a local government to develop and
165	recommend, to the local governing body, land development
166	regulations which implement the adopted comprehensive plan and
167	to review land development regulations, or amendments thereto,
168	for consistency with the adopted plan and report to the
169	governing body regarding its findings. The responsibilities of
170	the land development regulation commission may be performed by
171	the local planning agency.
172	(26)(23)  "Land development regulations" means ordinances
173	enacted by governing bodies for the regulation of any aspect of
174	development and includes any local government zoning, rezoning,
175	subdivision, building construction, or sign regulations or any
176	other regulations controlling the development of land, except
177	that this definition does shall not apply in s. 163.3213.
178	(27)(12)  "Land use" means the development that has
179	occurred on the land, the development that is proposed by a
180	developer on the land, or the use that is permitted or
181	permissible on the land under an adopted comprehensive plan or
182	element or portion thereof, land development regulations, or a
183	land development code, as the context may indicate.
184	(28)  "Level of service" means an indicator of the extent
185	or degree of service provided by, or proposed to be provided by,
186	a facility based on and related to the operational
187	characteristics of the facility. Level of service shall indicate
188	the capacity per unit of demand for each public facility.
189	(29)(13)  "Local government" means any county or
190	municipality.
191	(30)(14)  "Local planning agency" means the agency
192	designated to prepare the comprehensive plan or plan amendments
193	required by this act.
194	(31)(15)  A "Newspaper of general circulation" means a
195	newspaper published at least on a weekly basis and printed in
196	the language most commonly spoken in the area within which it
197	circulates, but does not include a newspaper intended primarily
198	for members of a particular professional or occupational group,
199	a newspaper whose primary function is to carry legal notices, or
200	a newspaper that is given away primarily to distribute
201	advertising.
202	(32)  "New town" means an urban activity center and
203	community designated on the future land use map of sufficient
204	size, population and land use composition to support a variety
205	of economic and social activities consistent with an urban area
206	designation. New towns shall include basic economic activities;
207	all major land use categories, with the possible exception of
208	agricultural and industrial; and a centrally provided full range
209	of public facilities and services that demonstrate internal trip
210	capture. A new town shall be based on a master development plan.
211	(33)  "Objective" means a specific, measurable,
212	intermediate end that is achievable and marks progress toward a
213	goal.
214	(34)(16)  "Parcel of land" means any quantity of land
215	capable of being described with such definiteness that its
216	locations and boundaries may be established, which is designated
217	by its owner or developer as land to be used, or developed as, a
218	unit or which has been used or developed as a unit.
219	(35)(17)  "Person" means an individual, corporation,
220	governmental agency, business trust, estate, trust, partnership,
221	association, two or more persons having a joint or common
222	interest, or any other legal entity.
223	(36)  "Policy" means the way in which programs and
224	activities are conducted to achieve an identified goal.
225	(37)(28)  "Projects that promote public transportation"
226	means projects that directly affect the provisions of public
227	transit, including transit terminals, transit lines and routes,
228	separate lanes for the exclusive use of public transit services,
229	transit stops (shelters and stations), office buildings or
230	projects that include fixed-rail or transit terminals as part of
231	the building, and projects which are transit oriented and
232	designed to complement reasonably proximate planned or existing
233	public facilities.
234	(38)(24)  "Public facilities" means major capital
235	improvements, including, but not limited to, transportation,
236	sanitary sewer, solid waste, drainage, potable water,
237	educational, parks and recreational, and health systems and
238	facilities, and spoil disposal sites for maintenance dredging
239	located in the intracoastal waterways, except for spoil disposal
240	sites owned or used by ports listed in s. 403.021(9)(b).
241	(39)(18)  "Public notice" means notice as required by s.
242	125.66(2) for a county or by s. 166.041(3)(a) for a
243	municipality. The public notice procedures required in this part
244	are established as minimum public notice procedures.
245	(40)(19)  "Regional planning agency" means the council
246	created pursuant to chapter 186 agency designated by the state
247	land planning agency to exercise responsibilities under law in a
248	particular region of the state.
249	(41)  "Seasonal population" means part-time inhabitants who
250	use, or may be expected to use, public facilities or services,
251	but are not residents and includes tourists, migrant
252	farmworkers, and other short-term and long-term visitors.
253	(42)(31)  "Optional Sector plan" means the an optional
254	process authorized by s. 163.3245 in which one or more local
255	governments engage in long-term planning for a large area and by
256	agreement with the state land planning agency are allowed to
257	address regional development-of-regional-impact issues through
258	adoption of detailed specific area plans within the planning
259	area within certain designated geographic areas identified in
260	the local comprehensive plan as a means of fostering innovative
261	planning and development strategies in s. 163.3177(11)(a) and
262	(b), furthering the purposes of this part and part I of chapter
263	380, reducing overlapping data and analysis requirements,
264	protecting regionally significant resources and facilities, and
265	addressing extrajurisdictional impacts. The term includes an
266	optional sector plan that was adopted before the effective date
267	of this act.
268	(43)(20)  "State land planning agency" means the Department
269	of Community Affairs.
270	(44)(21)  "Structure" has the same meaning as in given it
271	by s. 380.031(19).
272	(45)  "Suitability" means the degree to which the existing
273	characteristics and limitations of land and water are compatible
274	with a proposed use or development.
275	(46)  "Transit-oriented development" means a project or
276	projects, in areas identified in a local government
277	comprehensive plan, that is or will be served by existing or
278	planned transit service. These designated areas shall be
279	compact, moderate to high density developments, of mixed-use
280	character, interconnected with other land uses, bicycle and
281	pedestrian friendly, and designed to support frequent transit
282	service operating through, collectively or separately, rail,
283	fixed guideway, streetcar, or bus systems on dedicated
284	facilities or available roadway connections.
285	(47)(30)  "Transportation corridor management" means the
286	coordination of the planning of designated future transportation
287	corridors with land use planning within and adjacent to the
288	corridor to promote orderly growth, to meet the concurrency
289	requirements of this chapter, and to maintain the integrity of
290	the corridor for transportation purposes.
291	(48)(27)  "Urban infill" means the development of vacant
292	parcels in otherwise built-up areas where public facilities such
293	as sewer systems, roads, schools, and recreation areas are
294	already in place and the average residential density is at least
295	five dwelling units per acre, the average nonresidential
296	intensity is at least a floor area ratio of 1.0 and vacant,
297	developable land does not constitute more than 10 percent of the
298	area.
299	(49)(26)  "Urban redevelopment" means demolition and
300	reconstruction or substantial renovation of existing buildings
301	or infrastructure within urban infill areas, existing urban
302	service areas, or community redevelopment areas created pursuant
303	to part III.
304	(50)(29)  "Urban service area" means built-up areas
305	identified in the comprehensive plan where public facilities and
306	services, including, but not limited to, central water and sewer
307	capacity and roads, are already in place or are identified in
308	the capital improvements element committed in the first 3 years
309	of the capital improvement schedule. In addition, for counties
310	that qualify as dense urban land areas under subsection (34),
311	the nonrural area of a county which has adopted into the county
312	charter a rural area designation or areas identified in the
313	comprehensive plan as urban service areas or urban growth
314	boundaries on or before July 1, 2009, are also urban service
315	areas under this definition.
316	(51)  "Urban sprawl" means a development pattern
317	characterized by low density, automobile-dependent development
318	with either a single use or multiple uses that are not
319	functionally related, requiring the extension of public
320	facilities and services in an inefficient manner, and failing to
321	provide a clear separation between urban and rural uses.

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