Bill Text: FL S0786 | 2013 | Regular Session | Introduced


Bill Title: Comprehensive Plan Amendments

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-05-03 - Died in Community Affairs [S0786 Detail]

Download: Florida-2013-S0786-Introduced.html
       Florida Senate - 2013                                     SB 786
       
       
       
       By Senator Simpson
       
       
       
       
       18-00288-13                                            2013786__
    1                        A bill to be entitled                      
    2         An act relating to comprehensive plan amendments;
    3         creating s. 163.3186, F.S.; providing legislative
    4         findings; establishing a pilot program in specified
    5         areas of the state to test and review an alternative
    6         plan amendment; providing a process for the adoption
    7         of comprehensive plan amendments; providing an
    8         exception for certain local governments and other
    9         specified areas; providing that agencies may not adopt
   10         rules to implement the program; requiring that the
   11         Office of Program Policy Analysis and Government
   12         Accountability (OPPAGA) submit a report; requiring
   13         OPPAGA to consider certain areas in drafting the
   14         report; providing an effective date.
   15  
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 163.3186, Florida Statutes, is created
   20  to read:
   21         163.3186Developed Local Governments Comprehensive Planning
   22  Pilot Program.—
   23         (1)LEGISLATIVE FINDINGS.—
   24         (a)The Legislature finds that local governments in this
   25  state have a wide diversity of resources, conditions, abilities,
   26  and needs. The Legislature also finds that the needs and
   27  resources of developed areas are different from those of rural
   28  areas and that they require different planning and growth
   29  management approaches. The state role in overseeing growth
   30  management should reflect this diversity and should vary based
   31  on local government conditions, capabilities, needs, and extent
   32  of development. Thus, the Legislature recognizes that reduced
   33  state oversight of local comprehensive planning is justified for
   34  some local governments in developed areas.
   35         (b)The Legislature finds and declares that this state’s
   36  developed areas require a reduced level of state oversight
   37  because of their high degree of urbanization and the planning
   38  capabilities and resources of many of their local governments.
   39  The Legislature finds that the process for amending local
   40  comprehensive plans in these areas should be established with an
   41  objective of streamlining the process and recognizing local
   42  responsibility and accountability.
   43         (c)The Legislature finds that a pilot program will be
   44  beneficial in evaluating an alternative plan amendment adoption
   45  and review process. Local governments that participate in the
   46  pilot project must be representative of highly developed
   47  counties and municipalities.
   48         (2) DEVELOPED LOCAL GOVERNMENTS COMPREHENSIVE PLANNING
   49  PILOT PROGRAM.—Jacksonville, Miami, Tampa, Hialeah, Pinellas
   50  County, and Broward County shall follow the alternative plan
   51  amendment review process provided in this section.
   52  Municipalities within Pinellas and Broward Counties may elect,
   53  by supermajority vote of the governing body, not to participate
   54  in the pilot program.
   55         (3)PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
   56  UNDER THE PILOT PROGRAM.—
   57         (a) A plan amendment adopted by a pilot program
   58  jurisdiction must follow the process in subsections (4) and (5),
   59  except as specified in s. 163.3184(2)(c).
   60         (b) Pilot program jurisdictions are subject to the
   61  frequency and timing requirements for plan amendments specified
   62  in s. 163.3191, except as otherwise provided in this section.
   63         (4)HEARING ON COMPREHENSIVE PLAN AMENDMENTS.—An amendment
   64  adopted pursuant to this section requires at least one public
   65  adoption hearing before the governing board, as described in s.
   66  163.3184(11).
   67         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
   68  AREAS.—
   69         (a) The adoption of a comprehensive plan amendment must be
   70  by ordinance and requires an affirmative vote of a majority of
   71  the members of the governing body present at the public hearing.
   72         (b) The governing body shall transmit an adopted
   73  comprehensive plan amendment with supporting data and analysis
   74  to the state land planning agency within 10 days after the
   75  public hearing, excluding weekends and legal holidays.
   76         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
   77  PROGRAM.—
   78         (a) Any affected person as defined in s. 163.3184(1)(a) may
   79  file a petition with the Division of Administrative Hearings
   80  pursuant to ss. 120.569 and 120.57, with a copy served on the
   81  affected local government, to request a formal hearing to
   82  challenge whether a plan or plan amendment is in compliance with
   83  this act as defined in s. 163.3184(1)(b). The parties to such
   84  proceeding are the petitioner, the affected local government,
   85  and any affected person who intervenes. The state land planning
   86  agency may not intervene in any proceeding initiated under this
   87  section.
   88         (b) If the Division of Administrative Hearings grants the
   89  petition, an administrative law judge must hold a hearing in the
   90  affected local jurisdiction, not less than 30 days and not more
   91  than 60 days after being assigned, on whether the plan or
   92  amendment is in compliance. In challenges filed by an affected
   93  person, the plan amendment must be determined to be in
   94  compliance if the local government’s determination of compliance
   95  is fairly debatable.
   96         (c) If the administrative law judge recommends that the
   97  amendment be found not in compliance, the judge must submit the
   98  recommended order to the Administration Commission for final
   99  agency action.
  100         (d) If the administrative law judge recommends that the
  101  amendment be found in compliance, the judge must submit the
  102  recommended order to the state land planning agency.
  103         1. If the state land planning agency determines that the
  104  plan amendment should be found not in compliance, the agency
  105  must, within 90 days after receiving the judge’s recommended
  106  order, submit its recommended order to the Administration
  107  Commission for final agency action.
  108         2. If the state land planning agency determines that the
  109  plan amendment is in compliance, the agency must enter a final
  110  order within 90 days after receiving the judge’s recommended
  111  order.
  112         (e) An adopted amendment does not become effective until 31
  113  days after adoption. If challenged within 30 days after
  114  adoption, the amendment does not become effective until the
  115  state land planning agency or the Administration Commission
  116  enters a final order determining the adopted amendment to be in
  117  compliance.
  118         (7) EXCEPTION.—Local governments and specific areas
  119  designated for the Local Government Comprehensive Planning
  120  Certification Program pursuant to s. 163.3246 are not subject to
  121  this section.
  122         (8) RULEMAKING AUTHORITY FOR PILOT PROGRAM.—An agency may
  123  not adopt rules to implement this pilot program.
  124         (9) REPORT.—The Office of Program Policy Analysis and
  125  Government Accountability shall submit to the President of the
  126  Senate and the Speaker of the House of Representatives, by
  127  December 1, 2016, a review of the pilot program which addresses
  128  the legislative findings in subsection (1) in areas designated
  129  in subsection (2) which meet the development criteria. The
  130  review must consider the following:
  131         (a)Program implementation status.
  132         (b)Program performance and outcomes.
  133         (c)Program benefits and challenges.
  134         (d)Program modification.
  135         Section 2. This act shall take effect October 1, 2013.

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