Bill Amendment: FL S0062 | 2021 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Regional Planning Councils
Status: 2021-04-30 - Died in Judiciary [S0062 Detail]
Download: Florida-2021-S0062-Senate_Committee_Amendment_282946.html
Bill Title: Regional Planning Councils
Status: 2021-04-30 - Died in Judiciary [S0062 Detail]
Download: Florida-2021-S0062-Senate_Committee_Amendment_282946.html
Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 62 Ì282946IÎ282946 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Bradley) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 157 - 471 4 and insert: 5 division must give funding priority to projects in regional 6 planning council regions, as such regions existed on January 1, 7 2021, that have shelter deficits and to projects that maximize 8 the use of state funds. 9 Section 5. Paragraph (b) of subsection (2) and subsection 10 (3) of section 252.385, Florida Statutes, are amended to read: 11 252.385 Public shelter space.— 12 (2) 13 (b) By January 31 of each even-numbered year, the division 14 shall prepare and submit a statewide emergency shelter plan to 15 the Governor and Cabinet for approval, subject to the 16 requirements for approval in s. 1013.37(2). The plan shall 17 identify the general location and square footage of special 18 needs shelters, by regional planning council region, as such 19 regions existed on January 1, 2021, during the next 5 years. The 20 plan shall also include information on the availability of 21 shelters that accept pets. The Department of Health shall assist 22 the division in determining the estimated need for special needs 23 shelter space and the adequacy of facilities to meet the needs 24 of persons with special needs based on information from the 25 registries of persons with special needs and other information. 26 (3) The division shall annually provide to the President of 27 the Senate, the Speaker of the House of Representatives, and the 28 Governor a list of facilities recommended to be retrofitted 29 using state funds. State funds should be maximized and targeted 30 to regional planning council regions, as such regions existed on 31 January 1, 2021, with hurricane evacuation shelter deficits. 32 Retrofitting facilities in regions with public hurricane 33 evacuation shelter deficits shall be given first priority and 34 should be completed by 2003. All recommended facilities should 35 be retrofitted by 2008. The owner or lessee of a public 36 hurricane evacuation shelter that is included on the list of 37 facilities recommended for retrofitting is not required to 38 perform any recommended improvements. 39 Section 6. Paragraph (b) of subsection (26) of section 40 320.08058, Florida Statutes, is amended to read: 41 320.08058 Specialty license plates.— 42 (26) TAMPA BAY ESTUARY LICENSE PLATES.— 43 (b) The annual use fees shall be distributed to the Tampa 44 Bay Estuary Program created by s. 163.01. 45 1. A maximum of 5 percent of such fees may be used for 46 marketing the plate. 47 2.Twenty percent of the proceeds from the annual use fee,48not to exceed $50,000, shall be provided to the Tampa Bay49Regional Planning Council for activities of the Agency on Bay50Management implementing the Council/Agency Action Plan for the51restoration of the Tampa Bay estuary, as approved by the Tampa52Bay Estuary Program Policy Board.533.The remaining proceeds must be used to implement the 54 Comprehensive Conservation and Management Plan for Tampa Bay, 55 pursuant to priorities approved by the Tampa Bay Estuary Program 56 Policy Board. 57 Section 7. Subsection (3) of section 369.307, Florida 58 Statutes, is amended to read: 59 369.307 Developments of regional impact in the Wekiva River 60 Protection Area; land acquisition.— 61 (3) The Wekiva River Protection Area is hereby declared to 62 be a natural resource of state and regional importance. The St. 63 Johns River Water Management DistrictEast Central Florida64Regional Planning Councilshall adopt policies thatas part of65its strategic regional policy planand regional issueslist66whichwill protect the water quantity, water quality, hydrology, 67 wetlands, aquatic and wetland-dependent wildlife species, 68 habitat of speciesdesignated pursuant to rules 39-27.003, 396927.004, and 39-27.005, Florida Administrative Code, and native 70 vegetation in the Wekiva River Protection Area. The water 71 management districtcouncilshall also cooperate with the 72 department in the department’s implementation ofthe provisions73ofs. 369.305. 74 Section 8. Subsections (1) and (4) of section 369.324, 75 Florida Statutes, are amended to read: 76 369.324 Wekiva River Basin Commission.— 77 (1) The Wekiva River Basin Commission is created to monitor 78 and ensure the implementation of the recommendations of the 79 Wekiva River Basin Coordinating Committee for the Wekiva Study 80 Area. The St. Johns River Water Management DistrictEast Central81Florida Regional Planning Councilshall provide staff support to 82 the commission with funding assistance from the Department of 83 Economic Opportunity. The commission shall be comprised of a 84 total of 18 members appointed by the Governor, 9 of whom shall 85 be voting members and 9 shall be ad hoc nonvoting members. The 86 voting members shall include: 87 (a) One member of each of the Boards of County 88 Commissioners for Lake, Orange, and Seminole Counties. 89 (b) One municipal elected official to serve as a 90 representative of the municipalities located within the Wekiva 91 Study Area of Lake County. 92 (c) One municipal elected official to serve as a 93 representative of the municipalities located within the Wekiva 94 Study Area of Orange County. 95 (d) One municipal elected official to serve as a 96 representative of the municipalities located within the Wekiva 97 Study Area of Seminole County. 98 (e) One citizen representing an environmental or 99 conservation organization, one citizen representing a local 100 property owner, a land developer, or an agricultural entity, and 101 one at-large citizen who shall serve as chair of the council. 102 (f) The ad hoc nonvoting members shall include one 103 representative from each of the following entities: 104 1. St. Johns River Management District. 105 2. Department of Economic Opportunity. 106 3. Department of Environmental Protection. 107 4. Department of Health. 108 5. Department of Agriculture and Consumer Services. 109 6. Fish and Wildlife Conservation Commission. 110 7. Department of Transportation. 111 8. MetroPlan Orlando. 112 9. Central Florida Expressway Authority. 113 (4) To assist the commission in its mission, the St. Johns 114 River Water Management DistrictEast Central Florida Regional115Planning Council, in coordination with the applicable regional 116 and state agencies, shall serve as a clearinghouse of baseline 117 or specialized studies through modeling and simulation, 118 including collecting and disseminating data on the demographics, 119 economics, and the environment of the Wekiva Study Area 120 including the changing conditions of the Wekiva River surface 121 and groundwater basin and associated influence on the Wekiva 122 River and the Wekiva Springs. 123 Section 9. Subsections (3), (4), (7), (8), and (12) of 124 section 380.05, Florida Statutes, are amended to read: 125 380.05 Areas of critical state concern.— 126 (3) Each local governmentregional planning agency may127recommend to the state land planning agency from time to time128areas wholly or partially within its jurisdiction that meet the129criteria for areas of critical state concern as defined in this130section. Each regional planning agency shall solicit from the131local governments within its jurisdiction suggestions as to132areas to be recommended. A local government in an area where133there is no regional planning agencymay recommend to the state 134 land planning agency from time to time areas wholly or partially 135 within its jurisdiction that meet the criteria for areas of 136 critical state concern as defined in this section. If the state 137 land planning agency does not recommend to the commission as an 138 area of critical state concern an area substantially similar to 139 one that has been recommended, it shall respond in writing as to 140 its reasons therefor. 141 (4) BeforePrior tosubmitting any recommendation to the 142 commission under subsection (1), the state land planning agency 143 shall give notice to any committee appointed pursuant to s. 144 380.045 and to all local governmentsand regional planning145agenciesthat include within their boundaries any part of any 146 area of critical state concern proposed to be designated by the 147 rule, in addition to any notice otherwise required under chapter 148 120. 149 (7) The state land planning agencyand any applicable150regional planning agencyshall, to the greatest extent possible, 151 provide technical assistance to local governments in the 152 preparation of the land development regulations and local 153 comprehensive plan for areas of critical state concern. 154 (8) If any local government fails to submit land 155 development regulations or a local comprehensive plan, or if the 156 regulations or plan or plan amendment submitted do not comply 157 with the principles for guiding development set out in the rule 158 designating the area of critical state concern, within 120 days 159 after the adoption of the rule designating an area of critical 160 state concern, or within 120 days after the issuance of a 161 recommended order on the compliance of the plan or plan 162 amendment pursuant to s. 163.3184, or within 120 days after the 163 effective date of an order rejecting a proposed land development 164 regulation, the state land planning agency shall submit to the 165 commission recommended land development regulations and a local 166 comprehensive plan or portions thereof applicable to that local 167 government’s portion of the area of critical state concern. 168 Within 45 days following receipt of the recommendation from the 169 agency, the commission shall either reject the recommendation as 170 tendered or adopt the recommendation with or without 171 modification, and by rule establish land development regulations 172 and a local comprehensive plan applicable to that local 173 government’s portion of the area of critical state concern. 174 However, such rule shall not become effective beforeprior to175 legislative review of an area of critical state concern pursuant 176 to paragraph (1)(c). In the rule, the commission shall specify 177 the extent to which its land development regulations, plans, or 178 plan amendments will supersede, or will be supplementary to, 179 local land development regulations and plans. Notice of any 180 proposed rule issued under this section shall be given to all 181 local governments and regionalplanningagencies in the area of 182 critical state concern, in addition to any other notice required 183 under chapter 120. The land development regulations and local 184 comprehensive plan adopted by the commission under this section 185 may include any type of regulation and plan that could have been 186 adopted by the local government. Any land development 187 regulations or local comprehensive plan or plan amendments 188 adopted by the commission under this section shall be 189 administered by the local government as part of, or in the 190 absence of, the local land development regulations and local 191 comprehensive plan. 192 (12) Upon the request of a substantially interested person 193 pursuant to s. 120.54(7), a local government or regional 194planningagency within the designated area, or the state land 195 planning agency, the commission may by rule remove, contract, or 196 expand any designated boundary. Boundary expansions are subject 197 to legislative review pursuant to paragraph (1)(c). No boundary 198 may be modified without a specific finding by the commission 199 that such changes are consistent with necessary resource 200 protection. The total boundaries of an entire area of critical 201 state concern shall not be removed by the commission unless a 202 minimum time of 1 year has elapsed from the adoption of 203 regulations and a local comprehensive plan pursuant to 204 subsection (1), subsection (6), subsection (8), or subsection 205 (10). Before totally removing such boundaries, the commission 206 shall make findings that the regulations and plans adopted 207 pursuant to subsection (1), subsection (6), subsection (8), or 208 subsection (10) are being effectively implemented by local 209 governments within the area of critical state concern to protect 210 the area and that adopted local government comprehensive plans 211 within the area have been conformed to principles for guiding 212 development for the area. 213 Section 10. Subsections (3) and (6) of section 403.7225, 214 Florida Statutes, are amended to read: 215 403.7225 Local hazardous waste management assessments.— 216 (3) Each countyor regional planning councilshall 217 coordinate the local hazardous waste management assessments 218 within its jurisdiction according to guidelines established 219 under s. 403.7226. If a county declines to perform the local 220 hazardous waste management assessment, the county shall make 221 arrangements with the departmentits regional planning council222 to perform the assessment. 223 (6) Unless performed by the county pursuant to subsection 224 (3), the departmentthe regional planning councilsshall upon 225 successful arrangements with a county: 226 (a) Perform local hazardous waste management assessments; 227 and 228 (b) Provide any technical expertise needed by the counties 229 in developing the assessments. 230 Section 11. Subsection (2) of section 403.723, Florida 231 Statutes, is amended to read: 232 403.723 Siting of hazardous waste facilities.—It is the 233 intent of the Legislature to facilitate siting of proper 234 hazardous waste storage facilities in each region and any 235 additional storage, treatment, or disposal facilities as 236 required. The Legislature recognizes the need for facilitating 237 disposal of waste produced by small generators, reducing the 238 volume of wastes generated in the state, reducing the toxicity 239 of wastes generated in the state, and providing treatment and 240 disposal facilities in the state. 241 (2) After each county designates areas for storage 242 facilities, the departmenteachregional planning councilshall 243 designate one or more sites at which a regional hazardous waste 244 storage or treatment facility could be constructed. 245 Section 12. Subsections (1) and (2) of section 1013.372, 246 Florida Statutes, are amended to read: 247 1013.372 Education facilities as emergency shelters.— 248 (1) The Department of Education shall, in consultation with 249 boards and county and state emergency management offices, 250 include within the standards to be developed under this 251 subsection public shelter design criteria to be incorporated 252 into the Florida Building Code. The new criteria must be 253 designed to ensure that appropriate new educational facilities 254 can serve as public shelters for emergency management purposes. 255 A facility, or an appropriate area within a facility, for which 256 a design contract is entered into after the effective date of 257 the inclusion of the public shelter criteria in the code must be 258 built in compliance with the amended code unless the facility or 259 a part of it is exempted from using the new shelter criteria due 260 to its location, size, or other characteristics by the 261 applicable board with the concurrence of the applicable local 262 emergency management agency or the Division of Emergency 263 Management. Any educational facility located or proposed to be 264 located in an identified category 1, 2, or 3 evacuation zone is 265 not subject to the requirements of this subsection. If the 266 regional planning council region in which the county is located, 267 as such region existed on January 1, 2021, does not have a 268 hurricane evacuation shelter deficit, as determined by the 269 Division of Emergency Management, educational facilities within 270 the planning council region are not required to incorporate the 271 public shelter criteria. 272 (2) By January 31 of each even-numbered year, the Division 273 of Emergency Management shall prepare and submit a statewide 274 emergency shelter plan to the Governor and the Cabinet for 275 approval. The plan must identify the general location and square 276 footage of existing shelters, by regional planning council 277 region, as such regions existed on January 1, 2021, and the 278 general location and square footage of needed shelters, by 279 regional planning council region, as such regions existed on 280 January 1, 2021, during the next 5 years. The plan must identify 281 the types of public facilities that should be constructed to 282 comply with emergency-shelter criteria and must recommend an 283 appropriate and available source of funding for the additional 284 cost of constructing emergency shelters within these public 285 facilities. After the approval of the plan, a board may not be 286 required to build more emergency-shelter space than identified 287 as needed in the plan, and decisions pertaining to exemptions 288 pursuant to subsection (1) must be guided by the plan. 289 Section 13. Paragraph (e) of subsection (2) of section 290 1013.385, Florida Statutes, is amended to read: 291 1013.385 School district construction flexibility.— 292 (2) A resolution adopted under this section may propose 293 implementation of exceptions to requirements of the uniform 294 statewide building code for the planning and construction of 295 public educational and ancillary plants adopted pursuant to ss. 296 553.73 and 1013.37 relating to: 297 (e) Any other provisions that limit the ability of a school 298 to operate in a facility on the same basis as a charter school 299 pursuant to s. 1002.33(18) so long as the countyregional300planning councildetermines that there is sufficient shelter 301 capacity within the school district as documented in the 302 Statewide Emergency Shelter Plan. 303 Section 14. Subsection (4) of section 1013.74, Florida 304 Statutes, is amended to read: 305 1013.74 University authorization for fixed capital outlay 306 projects.— 307 (4) The university board of trustees shall, in consultation 308 with local and state emergency management agencies, assess 309 existing facilities to identify the extent to which each campus 310 has public hurricane evacuation shelter space. The board shall 311 submit to the Governor and the Legislature by August 1 of each 312 year a 5-year capital improvements program that identifies new 313 or retrofitted facilities that will incorporate enhanced 314 hurricane resistance standards and that can be used as public 315 hurricane evacuation shelters. Enhanced hurricane resistance 316 standards include fixed passive protection for window and door 317 applications to provide mitigation protection, security 318 protection with egress, and energy efficiencies that meet 319 standards required in the 130-mile-per-hour wind zone areas. The 320 board must also submit proposed facility retrofit projects to 321 the Division of Emergency Management for assessment and 322 inclusion in the annual report prepared in accordance with s. 323 252.385(3). Until a regional planning council region, as such 324 region existed on January 1, 2021, in 325 326 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 327 And the directory clause is amended as follows: 328 Delete lines 1145 - 1146 329 and insert: 330 335.188, Florida Statutes, is amended to read: 331 332 ================= T I T L E A M E N D M E N T ================ 333 And the title is amended as follows: 334 Delete lines 26 - 73 335 and insert: 336 projects in regional planning council regions, as such 337 regions existed on January 1, 2021, that meet 338 specified criteria; amending s. 252.385, F.S.; 339 revising the requirements for the statewide emergency 340 shelter plan to include the general location and 341 square footage of special needs shelters by regional 342 planning council region, as such regions existed on 343 January 1, 2021; requiring state funds to be maximized 344 and targeted to regional planning council regions, as 345 such regions existed on January 1, 2021; amending s. 346 320.08058, F.S.; revising the distribution of annual 347 use fees collected for the Tampa Bay Estuary license 348 plate; amending s. 369.307, F.S.; requiring the St. 349 Johns River Water Management District, rather than the 350 East Central Florida Regional Planning Council, to 351 adopt policies to protect the Wekiva River Protection 352 Area; revising requirements for such policies; 353 amending s. 369.324, F.S.; requiring the St. Johns 354 River Water Management District, rather than the East 355 Central Florida Regional Planning Council, to provide 356 staff support to the Wekiva River Basin Commission; 357 requiring the district to serve as a clearinghouse of 358 baseline or specialized studies; amending s. 380.05, 359 F.S.; authorizing local governments to recommend areas 360 of critical state concern to the state land planning 361 agency; amending s. 403.7225, F.S.; requiring counties 362 to make arrangements with the Department of 363 Environmental Protection, rather than their regional 364 planning councils, to perform hazardous waste 365 management assessments; amending s. 403.723, F.S.; 366 requiring the department, rather than regional 367 planning councils, to designate sites for construction 368 of regional hazardous waste storage or treatment 369 facilities; amending s. 1013.372, F.S.; providing that 370 if a regional planning council region, as such region 371 existed on January 1, 2021, does not have a hurricane 372 evacuation shelter deficit, educational facilities 373 within the region are not required to incorporate the 374 public shelter criteria; requiring the statewide 375 emergency shelter plan to identify the general 376 location and square footage of existing and needed 377 shelters by regional planning council region, as such 378 regions existed on January 1, 2021; amending s. 379 1013.385, F.S.; authorizing counties, rather than 380 regional planning councils, to determine whether there 381 is sufficient shelter capacity in a school district; 382 amending s. 1013.74, F.S.; requiring public hurricane 383 evacuation shelters in certain regional planning 384 council regions, as such regions existed on January 1, 385 2021, to be constructed in accordance with public