Title: Select Committee on Growth Management PCB 83-6A, State Land Development Plan (5/6/83)
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 Material Information
Title: Select Committee on Growth Management PCB 83-6A, State Land Development Plan (5/6/83)
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Select Committee on Growth Management PCB 83-6A, State Land Development Plan (5/6/83) (JDV Box 43)
General Note: Box 18, Folder 3 ( Treatments of Water - 1983 ), Item 24
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00004201
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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Select Committee on Growth.Management

PCB 83-6A State Land Development Plan (5/6/83)


1 A bill to be entitled

2 Be It Enacted by the Legislature of the State of Florida:

3

4 Section 1. Section 380.021, Florida Statutes, is

5 amended to read:

6 380.021 Purpose.--

7 (1) The problems of growth and development often

8 transcend the boundaries of individual units of local general-

9 purpose government, and often no single unit can formulate

10 plans or implement policies for their solution without

11 affecting other units in their geographic area.

12 (2) Uncoordinated use of lands within this state

13 threatens the orderly development and the environment of this

14 state, and the health, safety, order, convenience, prosperity,

15 and welfare of the people of this state.

16 (3) It is the legislative intent that, in order to

17 protect the natural resources and environment of this state as

18 provided in s. 7, Art. II of the State Constitution, insure a

19 water management system that will reverse the deterioration of

20 water quality and provide optimum utilization of our limited

21 water resources, facilitate orderly and well-planned

22 development, and protect the health, welfare, safety, and

23 quality of life of the residents of this state, it is

24 necessary adequately to plan for and guide growth and

25 development within this state. In order to accomplish these

26 purposes, it is necessary that the state establish land and

27 water management policies to guide and coordinate local

28 decisions relating to growth and development; that such state

29 land and water management policies should, to the maximum

30 possible extent, be implemented by local governments through

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 existing processes for the guidance of growth and development;

2 and that all the existing rights of private property be

3 preserved in accord with the constitutions of this state and

4 of the United States.

5 (4) In conformity with, and in the furtherance of, the

6 purposes of the Florida State Comprehensive Planning Act of

7 1972, part I of chapter 23; the Local Government Comprehensive

8 Planning Act of 1975, chapter 163, and the provisions of this

9 part, it is the intent of the Legislature to promote more

10 effective planning for and management of the state's land and

11 water resources, in order that orderly growth may be assured

12 in a manner consistent with the availability of public

13 services and the limits of natural resources. It is further

14 the intent of this part to utilize and strengthen the ability

15 of local governments to manage growth through better planning,

16 coordination, and management at the substate level of

17 government, and to promote better administration of Florida's

18 landmark environmental laws. In order to effectuate these

19 purposes, the Legislature declares an express intent to

20 coordinate land and water planning and management authority.

21 (5) The intent of this part is that land development

22 be effectively coordinated to facilitate the management of

23 growth at all levels of government consistent with the public

24 interest. Through the process of integrated planning for

25 growth management, it is intended that units of state,

26 regional, and local government can preserve, promote, protect,

27 and improve the public health, safety, comfort, appearance,

28 convenience, and general welfare; facilitate the adequate and

29 efficient provision of transportation, water, sewerage, solid

30 waste, schools, parks, recreational facilities, housing, and

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)



1 other requirements and services; and conserve, utilize, and

2 protect the environment and natural resources within their

3 jurisdictions.

4 (6) The intent of this part is that public or private

5 development shall be in conformity with applicable local

6 comprehensive plans, regional agency plans and state land and

7 water management policies.

8 (7) The intent of this part is that its provisions are

9 the minimum requirements necessary to accomplish the stated

10 intent, purposes, and objectives.

11 (8) Implementation and enforcement of approved state

12 land and water management policies and regional and local

13 comprehensive plans are matters of statewide concern.

14 Section 2. Subsections (15) and (16) of section

15 380.031, Florida Statutes, are amended to read:

16 380.031 Definitions.--As used in this chapter:

17 (15) "State land development plan" means a plan that

18 meets the requirements of s. 380.035(3) eemprehenesve

19 saatewide-paen-er-eny-pertBen-thereef-setting-feeth-etate-aand

20 deveiepaent-pe+ieiee.

21 (16) "State land planning agency" means the Department

22 of Community Affairs ageney-desagnated-by-lawy or its

23 successor agencyT-te-andertake-etatewide-eempreheneave

24 penning.

25 Section 3. Subsections (4), (5), and (6) are added to

26 section 380.032, Florida Statutes, to read:

27 380.032 State land planning agency; powers and

28 duties.--The state land planning agency shall have the power

29 and the duty to:

30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 (4) Adopt by rule a state land development plan

2 applicable to all or portions of the state.

3 (5) Identify problems and needs of statewide concern

4 regarding land development, and other growth related matters.

5 (6) Adopt by rule criteria to guide the preparation

6 and evaluation of mandatory elements of regional planning

7 agency and local comprehensive plans. Criteria adopted for

8 local comprehensive plans shall relate solely to the

9 compliance of such plans with the provisions of sections

10 163.3161-163.3211.

11 Section 4. Section 380.035, Florida Statutes, is

12 created to read:

13 380.035 State land development plan.--

14 (1) The state land development plan shall be prepared

15 and adopted as provided in this section, setting forth state

16 land development policies and standards to guide public and

17 private development of land within the state in a manner

18 consistent with the availability of public services and the

19 limits of natural resources. A plan may be adopted applicable

20 only to a particular portion of the state, but the entire

21 state shall be subject to a state land development plan not

22 later than October 1, 1985. The plan shall be consistent with

23 any policies adopted pursuant to s. 23.0112(2).

24 (2)(a) The state land planning agency may use existing

25 studies and undertake or contract for any new studies

26 concerning emerging issues found by the agency to be of

27 strategic state or regional importance to future development,

28 which may include the identification of:

29 1. Major statewide growth patterns and trends;

30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 2. Major demographic trends of statewide significance;

2 3. Statewide infrastructure patterns and needs,

3 including futurelocations for major public facilities and

4 areas of major public investment;

5 4. Present conditions and trends of environmental or

6 natural resources of regional or statewide importance.

7 (b) Every governmental agency shall furnish the state

8 land planning agency any data, reports, or records in its

9 control required by the land planning agency for these

10 studies.

11 (c) The state land planning agency may undertake and

12 publish other planning studies and reports that it considers

13 useful in advancing state or regional planning, but none of

14 these studies or reports shall have the effect of a state land

15 development plan adopted pursuant to the requirements of this

16 part.

17 (d) A long-term objective of any studies and reports

18 prepared under this part shall be to achieve uniformity and

19 consistency in land use information and data collection

20 efforts in the state, and to provide a data base to reduce the

21 information requirements of review processes required by this

22 part.

23 (3)(a) A state land development plan shall define in

24 general terms state land-use objectives.

25 (b) The plan shall identify and evaluate the present

26 conditions and major problems relating to growth and

27 development, physical and environmental deterioration, and the

28 general location of land uses and major public facilities.

29 The plan shall show the projected changes in these conditions

30 and problems for the reasonably foreseeable future, and the

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 probable environmental, social, and economic consequences

2 which will result from the changes.

3 (c) The plan shall enumerate specific land development

4 policies and standards that will avoid or mitigate any adverse

5 consequences of the changes in each of the factors listed in

6 paragraph (3)(b) relevant to the geographical area covered, or

7 that will otherwise achieve the objectives of the state land

8 development plan. The plan shall identify the legal

9 mechanisms that will coordinate and implement the policies and

10 standards enumerated.

11 (d) The state land development plan shall incorporate

12 state standards for regional planning performance under this

13 chapter.

14 (e) The plan shall include general policies and

15 standards for reviewing developments of regional impact under

16 s. 380.06.

17 (f) The plan shall contain recommendations to the

18 Governor which identify areas of the state where future state

19 public investment related to new growth should be directed,

20 and areas of the state where state public investments

21 generally should be discouraged. In preparing these

22 recommendations, the state land planning agency shall consider

23 the comments or requests of any state agency, as well as

24 recommendations from regional planning agencies, regarding

25 capital facility and infrastructure needs and land acquisition

26 needs for growth management purposes.

27 (4) In the preparation of a state land development

28 plan, the state land planning agency shall consider the

29 adopted comprehensive plans of local governments in order that

30 each local government having a land development plan may

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)



1 pursue its development policies to the extent feasible

2 consistent with the general welfare of the people of this

3 state. Consideration shall also be given to plans of other

4 governmental agencies that have been transmitted to the state

5 land planning agency.

6 (5)(a) A state land development plan shall require the

7 preparation of regional short-term programs of specific public

8 actions to be undertaken in order to achieve objectives,

9 policies, and standards contained in the plan. A regional

10 short-term program shall be developed by each regional

11 planning agency and updated at least every 2 years. The

12 program may concern, among other matters:

13 1. Development or development-related programs to be

14 undertaken by federal, state, local, or other governmental

15 agencies;

16 2. Areas to be considered for study as areas of

17 critical state concern under s. 380.45.

18 (b) A regional short-term program shall also specify:

19 1. The estimated amounts, types, characteristics, and

20 general locations of land that should be acquired or reserved

21 in order to carry out the short-term program;

22 2. The transportation, utility, and community

23 facilities that should be provided or receive funds from the

24 state or other governmental agencies to meet the needs of

25 development resulting from the short-term program;

26 3. The means of coordinating and integrating the state

27 land development plan with the comprehensive regional policy

28 plan prepared for the region pursuant to s. 160.07;

29

30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)



1 4. The means of coordinating and integrating the state

2 land development plan with the water management plans prepared

3 for the region;

4 5. Any regulatory measures, including incentives

5 allowable under law, that should be adopted within the period

6 of the short-term program in order to achieve the objectives,

7 policies, and standards of the state land development plan;

8 6. An estimate of any additional trained personnel

9 required to administer the recommendations of the short-term

10 program;

11 7. The estimated fixed capital outlay costs of

12 carrying out the short-term program and the sources of the

13 public funds available or potentially available;

14 8. The estimated overall environmental, social, and

15 economic consequences of the short-term program including the

16 impact of the program on population distribution, employment,

17 and economic and environmental conditions.

18 (6) Adoption of a state land development plan shall be

19 accomplished in the following manner:

20 (a) Not later than 1 year after the effective date of

21 this act, the state land planning agency shall transmit a copy

22 of the proposed state land development plan to any

23 governmental agency in this state that has filed with the

24 state land planning agency a written request for copies of

25 proposed plans, and shall also transmit a copy to each member

26 of the Administration Commission;

27 (b) The state land planning agency shall also make

28 available copies to the proposed plan to the public upon

29 payment of a reasonable charge to cover printing costs;
30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 (c) The Administration Commission may, by majority

2 vote within 60 days of receipt of the plan, schedule a public

3 workshop before the Commission on state policy issues related

4 to the proposed state land development plan. The Commission

5 shall transmit any policy recommendations agreed upon by the

6 Commission as a result of the workshop to the state land

7 planning agency for consideration in the final plan; and

8 (d) Not less than 4 months after the transmittal

9 required by paragraph (1)(a), the state land planning agency

10 shall consider all comments received and, after making any

11 revisions, shall adopt by rule the state land development

12 plan.

13 (7)(a) After adoption of a state land development

14 plan, the state land planning agency shall prepare an

15 evaluation report at least once during each 5-year period

16 following plan adoption. The interval between reports may be

17 specified in the plan but shall not be less than 2 years.

18 Each evaluation report shall assess the progress made in

19 achieving the objectives of the state land development plan,

20 and shall contain statements regarding the following matters:

21 1. The major problems relating to development,

22 physical deterioration, and the location of land uses and

23 major public facilities;

24 2. The extent to which previous regional short-term

25 programs have accomplished their objectives;

26 3. The extent to which there have been significant

27 changes in the assumptions upon which the state land

28 development plan was based.

29

30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 (b) The evaluation report may also suggest changes in

2 the state land development plan including revised objectives,

3 policies, and standards.

4 (c) Based on the findings of the evaluation report,

5 the state land planning agency shall adopt by rule amendments

6 to the state land development plan.

7 (8)(a) The state land planning agency annually shall

8 review the rules and programs of other affected state agencies

9 and of regional planning agencies to determine consistency

10 with the policies and standards of the state land development

11 plan. Any inconsistencies shall be reported in writing to the

12 Governor and the affected agency head.

13 (b) At the request of any other state agency, the

14 state land planning agency shall review and comment on the

15 consistency of any proposed new rule, rule amendment, or

16 program activity of the requesting agency with the state land

17 development plan.

18 Section 5. Paragraph (a) of subsection (1) of section

19 403.507, Florida Statutes, is amended to read:

20 403.507 Reports and studies.--

21 (a) Within 5 months of receipt of a copy of the

22 complete application, the state land planning agency

23 Bepateant-ef-Veteran-and-Geammunty-Affeee shall present a

24 report as to the compatibility of the proposed electrical

25 power plant with the state comprehensive plan and the state

26 land development plan to the department. The state land

27 planning agency Bepatment-eL-Veteran-aend-Gemmua ty-Aeaie9s

28 shall submit a preliminary report within 60 days of receipt of

29 a copy of the complete application.

30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 Section 6. Subsection (1) of section 201.02, Florida

2 Statutes, is amended to read:

3 201.02 Tax on deeds and other instruments relating to

4 realty or interests in realty.--

5 (1)(a) On deeds, instruments, or writings whereby any

6 lands, tenements, or other realty, or any interest therein,

7 shall be granted, assigned, transferred, or otherwise conveyed

8 to, or vested in, the purchaser, or any other person by his

9 direction, on each $100 of the consideration therefore the tax

10 shall be 55 45 cents. When the full amount of the

11 consideration for the execution, assignment, transfer, or

12 conveyance is not shown in the face of such deed, instrument,

13 document, or writing, the tax shall be at the rate of 55 45

14 cents for each $100 or fractional part thereof of the

15 consideration therefore.

16 (b) The tax increase imposed by section 1 of chapter

17 81-33, Laws of Florida, is repealed effective July 1, 1991;

18 and the tax rate shall be reduced to 50 40 cents for each $100

19 or fractional part thereof of the consideration.

20 Section 7. Section 201.15, Florida Statutes, is

21 amended to read:

22 201.15 Distribution of taxes collected.--

23 (1) All taxes collected under the provisions of this

24 chapter shall be distributed as follows:

25 (a) Sixty-five and one-tenth Seventy-nsne-end-ene-heai

26 percent of the total taxes collected under the provisions of

27 this chapter shall be paid into the State Treasury to the

28 credit of the General Revenue Fund of the state, to be used

29 and expended for the purposes for which the General Revenue

30 Fund was created and exists by law. Effective August 1, 1991,

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


1 the distribution pursuant to this paragraph shall be an amount

2 equal to 68.60 percent of the total taxes collected under the

3 provisions of this chapter.

4 (b) Ten and nine-tenths Thirteen-and-theee-tenthe

5 percent of the total taxes collected under the provisions of

6 this chapter shall be paid into the State Treasury to the

7 credit of the Land Acquisition Trust Fund. Sums deposited in

8 such fund pursuant to this section may be used for any purpose

9 for which funds deposited in the Land Acquisition Trust Fund

10 may lawfully be used and may be used to pay the cost of the

11 collection and enforcement of the tax levied by this chapter.

12 Effective August 1, 1991, the distribution pursuant to this

13 paragraph shall be an amount equal to 11.45 percent of the

14 total taxes collected under the provisions of this chapter.

15 (c) Five and nine-tenths Seven-end-twe-teRthe percent

16 of the total taxes collected under the provisions of this

17 chapter shall be paid into the State Treasury to the credit of

18 the Water Management Lands Trust Fund. Sums deposited in that

19 fund may be used for any purpose authorized in s. 373.59 and

20 may be used to pay the cost of the collection and enforcement

21 of the tax levied by this chapter.

22 (d) Eighteen and one-tenth percent of the total taxes

23 collected under the provisions of this chapter shall be paid

24 into the State Treasury to the credit of the Growth Management

25 Trust Fund. Sums deposited in that fund may be used for any

26 purpose authorized in Chapter 380. Effective August 1, 1991,

27 the distribution pursuant to this paragraph shall be an amount

28 equal to 19.95 percent of the total taxes collected under the

29 provisions of this chapter.
30

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)


(2) The change in the schedule of distributions

imposed by s. 2 of chapter 81-33, Laws of Florida, is repealed

effective August 1, 19917-at-whkeh-tcme-the-sehedeie-eE


Gfa~ereheaa-eaal*-eevefe-ee-ehe-~eefekt-msefgettt

mie-.6-paeesaqe--eh-tap~ee-81-a7t-lewa-e-Psd


Section 8. Section 380.038, Florida Statutes, is

created to read:

380.038 Growth Management Trust Fund.--

(1) There is established within the state land

planning agency the Growth Management Trust Fund, to be used

as a nonlapsing fund for the purposes of implementing Part I

of this chapter. The moneys in this fund, exclusive of the

service charge imposed by s. 215.20, and exclusive of refunds,

shall be used for the purposes of providing grants to regional

planning agencies and to otherwise carry out the provisions of

this act. The state land planning agency may make payments

for grants from the Growth Management Trust Fund to regional

planning agencies in accordance with the procedures of this

section.

(2) Moneys from the Growth Management Trust Fund shall

be used for the preparation of any studies required under s.

380.035(2), for the preparation of all or parts of the state

land development plan required under s. 380.035(3), for the

preparation and implementation of the short-term program

required under s. 380.035(5), for the preparation of any

reports required under s. 380.035(6), and for the conduct of

any reviews required under this act; provided, however, that

no funds shall be used for fixed capital outlay projects

without prior legislative authorization.


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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)



1 (3) A regional planning agency designated to exercise

2 responsibilities under this act may apply to the state land

3 planning agency for a grant in accordance with the provisions

4 of this section. The grant application from the regional

5 planning agency shall include a proposed budget, together with

6 a statement of objectives to be accomplished should the

7 application be approved, and a statement of the sources of

8 funds, other than those requested from the Growth Management

9 Trust Fund, to be used in the accomplishment of the grant

10 objectives. Grants shall be made upon a basis of demonstrated

11 need and a showing that the financial resources available to

12 the regional planning agency are not sufficient to fund the

13 requirements of this act. The application for a grant shall

14 be accompanied by a statement from the regional planning

15 agency certifying that the application is consistent with the

16 provisions of this act, and with the provisions of any adopted

17 state land development plan applicable to the region. The head

18 of the state land planning agency shall approve applications

19 for grants in a manner and in an amount consistent with the

20 requirements to carry out the purposes of this act.

21 (4) The state land planning agency may adopt rules to

22 implement the procedures and requirements of this section.

23 (5) Moneys in the fund not needed to meet current

24 obligations incurred under this section shall be transferred

25 to the State Board of Administration, to the credit of the

26 fund, to be invested in the manner provided by law. Interest

27 received on such investments shall be credited to the fund.

28 Section 9. There is hereby appropriated from the

29 Growth Management Trust Fund to the state land planning agency

30 the sum of $ million for the purpose of carrying out the

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Select Committee on Growth Management

PCB 83-6A State Land Development Plan (5/6/83)



provisions of this act. The state land planning agency is

authorized to create not more than career service

positions, provided however, that no money from the general

revenue fund shall be used to implement the provisions of this

act.

Section 10. Section 23.0191, Florida Statutes, is

hereby repealed.

Section 11. This act shall take effect October 1,

1983, except that Sections 6 and 7 shall take effect July 1,

1983.







































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