Florida Senate - 2015 SB 1216 By Senator Simpson 18-01374-15 20151216__ 1 A bill to be entitled 2 An act relating to connected-city corridors; amending 3 s. 163.3184, F.S.; requiring plan amendments that 4 qualify as connected-city corridor amendments to be 5 reviewed by the local government; creating s. 6 163.3255, F.S.; providing legislative intent; 7 authorizing local governments to adopt connected-city 8 corridor plan amendments; providing requirements for 9 such plan amendments; providing incentives and 10 benefits for such corridors; authorizing affected 11 persons to file a petition with the Division of 12 Administrative Hearings for review of such plan 13 amendments; amending s. 190.005, F.S.; requiring 14 community development districts located within a 15 connected-city corridor plan amendment to be 16 established pursuant to a county ordinance; amending 17 s. 380.06, F.S.; providing a statutory exemption from 18 the development of regional impact review process for 19 any development within the geographic boundaries of a 20 connected-city corridor plan; providing an effective 21 date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Paragraph (d) is added to subsection (2) of 26 section 163.3184, Florida Statutes, to read: 27 163.3184 Process for adoption of comprehensive plan or plan 28 amendment.— 29 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.— 30 (d) Plan amendments that qualify as connected-city corridor 31 amendments shall follow the review process in s. 163.3255 and 32 are subject to review and approval by only the local government 33 having jurisdiction. 34 Section 2. Section 163.3255, Florida Statutes, is created 35 to read: 36 163.3255 Connected-city corridors.— 37 (1) It is the intent of the Legislature to encourage the 38 creation of connected-city corridors that facilitate the growth 39 of high-technology industry and innovation through partnerships 40 that support research, marketing, workforce, and 41 entrepreneurship. It is the intent of the Legislature to provide 42 for a locally controlled, expedited comprehensive plan amendment 43 process for such projects that are designed to achieve a 44 cleaner, healthier environment; limit urban sprawl by promoting 45 diverse, yet interconnected, communities; provide a range of 46 housing types; protect wildlife and natural areas; ensure the 47 efficient use of land and other resources; create quality 48 communities of a design that promotes alternative transportation 49 networks and travel by multiple transportation modes; and 50 enhance the prospects for the creation of jobs. 51 (2) A local government may adopt a connected-city corridor 52 plan amendment under the following conditions: 53 (a) The proposed amendment involves a sufficient land area 54 in a location that will be conducive to attracting technology 55 employers while also providing proximate intergenerational 56 housing alternatives and recreation opportunities; 57 (b) The proposed amendment contemplates a variety of mixed 58 use development forms designed to accommodate job creation and 59 technological innovation; 60 (c) The proposed amendment may create a new land use 61 category applicable only to the connected-city corridor planning 62 area, which may be in the form of a special area plan or overlay 63 district, and may include text or map amendments to other 64 directly related or affected provisions in the adopted 65 comprehensive plan, but otherwise does not alter or modify the 66 other preexisting goals, policies, and objectives of the local 67 government comprehensive plan; and 68 (d) The property that is the subject of the proposed 69 amendment is not located within an area of critical state 70 concern designated in s. 380.0552 or by the Administration 71 Commission pursuant to s. 380.05(1). 72 (3) A connected-city corridor plan amendment adopted 73 pursuant to this section must include maps, illustrations, and 74 text supported by data and analysis to meet all of the following 75 requirements: 76 (a) A boundary map that, at a minimum, generally depicts 77 residential and mixed-use areas, which may include public and 78 private institutional uses, office uses, industrial and other 79 employment uses, and retail uses, and identifies conservation 80 areas; provides generally for an interconnected mix of uses 81 within the planning area to promote a sense of place and to 82 promote internal capture or minimization of transportation and 83 other external impacts; and provides the general framework for 84 the residential and mixed-use development concepts with graphic 85 illustrations based on a hierarchy of places and functional 86 place-making components. 87 (b) A general identification of the water supplies needed 88 and available sources of water, including water resource 89 development and water supply development projects, and water 90 conservation measures needed to meet the projected demand of the 91 future land uses in the plan amendment. 92 (c) Provision for a long-term master transportation network 93 plan for the connected-city corridor which contains a general 94 identification of the alternative transportation facilities to 95 serve the future land uses in the plan amendment, including 96 guidelines to be used to establish each modal component intended 97 to optimize mobility, and for a financial feasibility plan to 98 address mitigation of such future impacts. 99 (c) A general identification of any other regionally 100 significant public facilities necessary to support the future 101 land uses, which may include central utilities provided onsite 102 within the planning area, and policies setting forth the 103 procedures to be used to mitigate the impacts of future land 104 uses on public facilities. 105 (d) A general identification of any regionally significant 106 natural resources within the planning area based on the best 107 available data and policies that set forth the procedures for 108 protection or conservation of specific resources consistent with 109 the overall conservation and development strategy for the 110 planning area. 111 (e) General principles and guidelines addressing the mixed 112 use form and the interrelationships of future land uses; the 113 protection and, as appropriate, restoration and management of 114 lands identified for permanent preservation through recordation 115 of conservation easements consistent with s. 704.06, which may 116 be phased or staged in coordination with detailed site 117 development plans for specific area plans. 118 (4) A plan amendment adopted pursuant to this section may 119 be based upon a planning period longer than the generally 120 applicable planning period of the local comprehensive plan, 121 shall specify the projected population within the planning area 122 during the chosen planning period, may include a phasing or 123 staging schedule that allocates a portion of the local 124 government’s future growth to the planning area through the 125 planning period, and may designate a priority zone or subarea 126 within the connected-city corridor for initial implementation of 127 the plan. A plan amendment adopted pursuant to this section is 128 not required to demonstrate need based upon projected population 129 growth or on any other basis. 130 (5) If the local government adopts the long-term master 131 transportation network plan and financial feasibility plan 132 pursuant to subparagraph (3)(c), the projects within the 133 connected-city corridor shall, subject to compliance with the 134 requirements of such financial feasibility plan, be deemed to 135 have satisfied all concurrency and other state agency or local 136 government transportation mitigation requirements, except only 137 for site-specific access-management requirements. 138 (6) Connected-city corridor plan amendments require public 139 hearings before the local governing board, which shall be 140 adoption hearings as described in s. 163.3184(11). A transmittal 141 hearing is not required for state agency review. 142 (7)(a) Any affected person may file a petition with the 143 Division of Administrative Hearings pursuant to ss. 120.569 and 144 120.57 to request a hearing to challenge the compliance of the 145 plan amendment within 30 days after the local government’s 146 adoption of the amendment and shall serve a copy of the petition 147 on the local government. An administrative law judge must hold a 148 hearing in the affected jurisdiction at least 30 days but no 149 more than 60 days after the filing of a petition and the 150 assignment of an administrative law judge. The parties to a 151 hearing held pursuant to this subsection are the petitioner, the 152 local government, and any intervenor. In the proceeding, the 153 plan amendment shall be determined to be in compliance if the 154 local government’s determination of compliance is fairly 155 debatable. The state land planning agency may not intervene in 156 any proceeding initiated pursuant to this subsection. 157 (b)1. If the administrative law judge recommends that the 158 connected-city corridor plan amendment is not in compliance, the 159 administrative law judge shall submit the recommended order to 160 the Administration Commission for final agency action. If the 161 administrative law judge recommends that the connected-city 162 corridor plan amendment is in compliance, the administrative law 163 judge shall submit the recommended order to the state land 164 planning agency. 165 2. If the state land planning agency determines that the 166 plan amendment is not in compliance, the agency shall, within 30 167 days after its receipt of the recommended order, submit the 168 recommended order to the Administration Commission for final 169 agency action. If the state land planning agency determines that 170 the plan amendment is in compliance, the agency shall enter a 171 final order within 30 days after its receipt of the recommended 172 order. 173 (c) In all challenges under this subsection, when a 174 determination of compliance as defined in s. 163.3184(1)(b) is 175 made, consideration shall be given to the plan amendment as a 176 whole and whether the plan amendment furthers the intent of this 177 part. 178 Section 3. Subsection (2) of section 190.005, Florida 179 Statutes, is amended, to read: 180 190.005 Establishment of district.— 181 (2) The exclusive and uniform method for the establishment 182 of a community development district of less than 1,000 acres in 183 size or a community development district located within a 184 connected-city corridor plan established pursuant to s. 185 163.3255, regardless of size, shall be pursuant to an ordinance 186 adopted by the county commission of the county having 187 jurisdiction over the majority of land in the area in which the 188 district is to be located granting a petition for the 189 establishment of a community development district as follows: 190 (a) A petition for the establishment of a community 191 development district shall be filed by the petitioner with the 192 county commission. The petition shall contain the same 193 information as required in paragraph (1)(a). 194 (b) A public hearing on the petition shall be conducted by 195 the county commission in accordance with the requirements and 196 procedures of paragraph (1)(d). 197 (c) The county commission shall consider the record of the 198 public hearing and the factors set forth in paragraph (1)(e) in 199 making its determination to grant or deny a petition for the 200 establishment of a community development district. 201 (d) The county commission shall not adopt any ordinance 202 which would expand, modify, or delete any provision of the 203 uniform community development district charter as set forth in 204 ss. 190.006-190.041. An ordinance establishing a community 205 development district shall only include the matters provided for 206 in paragraph (1)(f) unless the commission consents to any of the 207 optional powers under s. 190.012(2) at the request of the 208 petitioner. 209 (e) If all of the land in the area for the proposed 210 district is within the territorial jurisdiction of a municipal 211 corporation, then the petition requesting establishment of a 212 community development district under this act shall be filed by 213 the petitioner with that particular municipal corporation. In 214 such event, the duties of the county, hereinabove described, in 215 action upon the petition shall be the duties of the municipal 216 corporation. If any of the land area of a proposed district is 217 within the land area of a municipality, the county commission 218 may not create the district without municipal approval. If all 219 of the land in the area for the proposed district, even if less 220 than 1,000 acres, is within the territorial jurisdiction of two 221 or more municipalities, except for proposed districts within a 222 connected-city corridor plan, the petition shall be filed with 223 the Florida Land and Water Adjudicatory Commission and proceed 224 in accordance with subsection (1). 225 (f) Notwithstanding any other provision of this subsection, 226 within 90 days after a petition for the establishment of a 227 community development district has been filed pursuant to this 228 subsection, the governing body of the county or municipal 229 corporation may transfer the petition to the Florida Land and 230 Water Adjudicatory Commission, which shall make the 231 determination to grant or deny the petition as provided in 232 subsection (1). A county or municipal corporation shall have no 233 right or power to grant or deny a petition that has been 234 transferred to the Florida Land and Water Adjudicatory 235 Commission. 236 Section 4. Paragraph (y) is added to subsection (24) of 237 section 380.06, Florida Statutes, to read: 238 380.06 Developments of regional impact.— 239 (24) STATUTORY EXEMPTIONS.— 240 (y) Any development within the geographic boundaries of a 241 connected-city corridor plan which is prepared and adopted 242 pursuant to s. 163.3255 is exempt from this section. 243 244 If a use is exempt from review as a development of regional 245 impact under paragraphs (a)-(u), but will be part of a larger 246 project that is subject to review as a development of regional 247 impact, the impact of the exempt use must be included in the 248 review of the larger project, unless such exempt use involves a 249 development of regional impact that includes a landowner, 250 tenant, or user that has entered into a funding agreement with 251 the Department of Economic Opportunity under the Innovation 252 Incentive Program and the agreement contemplates a state award 253 of at least $50 million. 254 Section 5. This act shall take effect July 1, 2015.