Bill Text: FL H0869 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pinellas Planning Council, Pinellas County
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-03-05 - Ordered enrolled -HJ 1097 [H0869 Detail]
Download: Florida-2012-H0869-Introduced.html
Bill Title: Pinellas Planning Council, Pinellas County
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2012-03-05 - Ordered enrolled -HJ 1097 [H0869 Detail]
Download: Florida-2012-H0869-Introduced.html
HB 869 |
1 | |
2 | An act relating to the Pinellas Planning Council, |
3 | Pinellas County; codifying, amending, reenacting, and |
4 | repealing special acts relating to the district; |
5 | reorganizing the council; setting forth the purpose of |
6 | the council; providing legislative intent that the |
7 | countywide plan be broadly defined and policy-based; |
8 | providing that the primary focus of the council will |
9 | be land use and transportation planning; providing |
10 | definitions; providing that the membership of the |
11 | council shall be the same as that of the Pinellas |
12 | County Metropolitan Planning Organization; providing |
13 | for the election of officers, meetings of the council, |
14 | requirements of a quorum, and member expenses; |
15 | providing for the powers and duties of the council, |
16 | including revising the required components of the |
17 | countywide plan, consistent with the stated |
18 | legislative intent; providing for countywide staff and |
19 | committees; providing for a budget and annual |
20 | independent audit; recognizing the countywide planning |
21 | authority of the Pinellas County Board of County |
22 | Commissioners as provided by the Pinellas County |
23 | Charter; providing for the repeal of the existing |
24 | countywide plan, adoption of a new countywide plan, |
25 | future amendment of the plan, and standards and |
26 | procedures for such actions; providing a timetable for |
27 | consistency review after adoption of a new countywide |
28 | plan; providing for public hearing and notice |
29 | requirements; requiring the authority to adopt |
30 | specific notice standards in the countywide rules; |
31 | providing for compliance with part II of chapter 163, |
32 | Florida Statutes; repealing chapters 73-594, 74-584, |
33 | 74-586, 76-473, 88-464, and 90-396, Laws of Florida; |
34 | providing an effective date. |
35 | |
36 | WHEREAS, Pinellas County is approaching a built-out |
37 | condition, and planned redevelopment of the built environment is |
38 | critical to maintaining and improving the countywide economy and |
39 | quality of life, and |
40 | WHEREAS, given the land constraints within the county, it |
41 | is recognized that countywide traffic issues cannot be solved by |
42 | road building alone but must be addressed through a multimodal |
43 | transportation system, and |
44 | WHEREAS, with the Legislature's creation of the Tampa Bay |
45 | Area Regional Transportation Authority ("TBARTA") in 2007, the |
46 | provision of enhanced public transit within the county has |
47 | become a high transportation planning priority, and |
48 | WHEREAS, land use patterns are a critical factor in |
49 | determining whether multimodal transportation, particularly |
50 | transit, is functional and effective, and |
51 | WHEREAS, transportation and land use planning do not exist |
52 | independently but have a relationship in which each influences |
53 | the other, and |
54 | WHEREAS, both the Updated Countywide Plan for Pinellas |
55 | County and Pinellas by Design: An Economic Development and |
56 | Redevelopment Plan for the Pinellas Community contain planning |
57 | strategies that call for increased coordination of the land use |
58 | and transportation planning activities of the Pinellas Planning |
59 | Council ("PPC") and the Metropolitan Planning Organization |
60 | ("MPO"), and |
61 | WHEREAS, a Joint Land Use and Transportation Committee |
62 | ("committee"), consisting of three representatives from the PPC, |
63 | three representatives from the Board of County Commissioners |
64 | (BCC), and three representatives from the MPO, was convened in |
65 | April 2010 to study the potential of integrating transportation |
66 | and future land use planning at the countywide level, and |
67 | WHEREAS, the committee has recommended that the MPO and PPC |
68 | functions be more closely aligned on transportation and land use |
69 | issues to create a more streamlined and integrated process, |
70 | which should identify and eliminate any redundancies, |
71 | disconnects, or inefficiencies in the current system, and |
72 | WHEREAS, the committee recommended that this integrated |
73 | process include a new Countywide Future Land Use Plan, which |
74 | establishes a broad, forward-looking land use planning |
75 | framework, incorporates and guides multimodal transportation |
76 | planning, and allows sufficient flexibility to accommodate the |
77 | redevelopment needs of local communities, and |
78 | WHEREAS, the committee determined that the most effective |
79 | way to accomplish these goals would be to unify the membership |
80 | of the boards of the MPO and the PPC into a single board that |
81 | would be empowered to carry out the functions of both the MPO |
82 | and the PPC, and |
83 | WHEREAS, it is the recommendation of the committee that the |
84 | new unified board should continue to consist of elected |
85 | officials and ensure adequate representation for all local |
86 | governments within Pinellas County, recognizing that the |
87 | Pinellas Suncoast Transportation Authority ("PSTA") will also |
88 | have a seat on the new board, and |
89 | WHEREAS, it was the consensus of the committee that the new |
90 | unified board be supported by an independent executive director |
91 | who serves in that capacity exclusively, with staff chosen by |
92 | that independent director, but with priority given to current |
93 | employees of the PPC and MPO, and |
94 | WHEREAS, the establishment of the new unified board will |
95 | require reapportionment of the MPO membership, which must be |
96 | done in conformance with section 339.175, Florida Statutes, and |
97 | WHEREAS, the establishment of the new unified board will |
98 | require an amendment to and reenactment of the PPC's charter, |
99 | NOW, THEREFORE, |
100 | |
101 | Be It Enacted by the Legislature of the State of Florida: |
102 | |
103 | Section 1. (1) The reenactment of existing law in this |
104 | act shall not be construed as a grant of additional authority to |
105 | or supersede the authority of any entity pursuant to law. |
106 | Exceptions to law contained in any special act that are |
107 | reenacted pursuant to this act shall continue to apply. |
108 | (2) The reenactment of existing law in this act shall not |
109 | be construed to modify, amend, or alter any covenants, |
110 | contracts, or other obligations of the district with respect to |
111 | bonded indebtedness. Nothing pertaining to the reenactment of |
112 | existing law in this act shall be construed to affect the |
113 | ability of the district to levy and collect taxes, assessments, |
114 | fees, or charges for the purpose of redeeming or servicing |
115 | bonded indebtedness of the district. |
116 | Section 2. Chapters 73-594, 74-584, 74-586, 76-473, 88- |
117 | 464, and 90-396, Laws of Florida, are amended, codified, |
118 | reenacted, and repealed as provided in this act. |
119 | Section 3. The charter for the Pinellas Planning Council, |
120 | Pinellas County, a dependent special district, is re-created and |
121 | reenacted to read: |
122 | Section 1. County planning council created.-There |
123 | is created a countywide planning and coordinating |
124 | council to be known as the "Pinellas Planning Council," |
125 | hereinafter referred to as the "council." The council |
126 | shall have common membership and function as a single, |
127 | unified board with the Pinellas County Metropolitan |
128 | Planning Organization ("MPO"). |
129 | Section 2. Purpose of council; legislative intent.- |
130 | (1) The Legislature recognizes the social and economic |
131 | interdependence of the people residing within Pinellas County |
132 | and the common interest they share in its future development. |
133 | The Legislature recognizes the value of considering land use and |
134 | transportation planning issues concurrently and of coordinating |
135 | and implementing land use and transportation planning functions |
136 | in an integrated manner. The Legislature also recognizes that |
137 | individual plans and decisions heretofore made by local |
138 | governments within the county have affected the welfare of the |
139 | entire county as well as neighboring jurisdictions, and, |
140 | therefore, the Legislature intends that the purpose of this act |
141 | is to provide for: |
142 | (a) The formulation and execution by the council of the |
143 | strategies necessary for the orderly growth, development, and |
144 | environmental protection of Pinellas County as a whole, with the |
145 | focus on those issues deemed to have an impact countywide. |
146 | (b) The coordination by the council of planning and |
147 | development in Pinellas County with regional planning objectives |
148 | in the Tampa Bay area as developed by such entities as the MPO, |
149 | the Tampa Bay Regional Planning Council, the Tampa Bay Area |
150 | Regional Transportation Authority ("TBARTA"), the Pinellas |
151 | Suncoast Transit Authority ("PSTA"), the Department of |
152 | Transportation ("DOT"), and the Department of Community Affairs |
153 | ("DCA"). |
154 | (2) The Legislature further recognizes that the future of |
155 | Pinellas County, its permanent residents, and the millions of |
156 | tourists who annually visit the county is dependent upon the way |
157 | the natural resources of land, air, and water are protected and |
158 | impacted by the built environment and through the use and reuse |
159 | of land to accommodate the urban development and redevelopment |
160 | pattern, the transportation system that serves it, and other |
161 | development activities that are guided by the countywide |
162 | planning function. |
163 | (3) The Legislature intends for the development of a |
164 | broadly defined, policy-based countywide plan that will focus on |
165 | countywide issues related to future land use, transportation, |
166 | and intergovernmental coordination. |
167 | (4) The Legislature further intends that this act provide |
168 | for the coordination by the council of the transportation |
169 | planning functions undertaken by the MPO with the council's land |
170 | use planning functions, as expressed in this act, in a manner |
171 | that more fully integrates these two functions in a |
172 | complementary manner, as well as a means for the integration of |
173 | the membership of the boards of the council and MPO, such that a |
174 | single, unified board shall perform the functions of both the |
175 | council and the MPO. |
176 | Section 3. Definitions.-As used in this act, the term: |
177 | (1) "Countywide plan" means materials in such descriptive |
178 | form, written or graphic, as may be appropriate to the |
179 | prescription of strategies for the orderly and balanced future |
180 | development of Pinellas County. The countywide plan is comprised |
181 | of the countywide plan strategies, the countywide plan map, and |
182 | the countywide rules in section 6(7). |
183 | (2) "Countywide plan map" means the future land use map |
184 | that designates general categories of land use by type and |
185 | location to guide the future development pattern and use of land |
186 | throughout the county. |
187 | (3) "Countywide plan strategies" means an overarching set |
188 | of policies that identify and set forth a plan of action to |
189 | address those components set forth in section 6(7) and that are |
190 | collectively used to administer and guide interpretation of the |
191 | countywide plan map and countywide rules. |
192 | (4) "Countywide planning authority" means the board of |
193 | county commissioners, acting in its capacity as the countywide |
194 | planning authority, through the exercise of its power under |
195 | section 2.04(s) of the Pinellas County Charter. |
196 | (5) "Countywide rules" and the "rules" mean those rules, |
197 | standards, and procedures that will implement the countywide |
198 | plan as provided in section 6(7). |
199 | (6) "Existing countywide plan" means that countywide plan, |
200 | inclusive of the countywide plan strategies, countywide plan |
201 | map, and countywide rules as adopted by Pinellas County |
202 | Ordinance 89-4, as amended. |
203 | (7) "Land development regulation" means an ordinance |
204 | enacted by a local government for the regulation of any aspect |
205 | of development and includes any local government zoning, |
206 | rezoning, subdivision, or building construction regulation or |
207 | any other regulation controlling the development of land. |
208 | (8) "Local government" means Pinellas County or any |
209 | municipality within the county. |
210 | Section 4. Membership of council.-The council shall be |
211 | composed of the voting membership of the Pinellas County |
212 | Metropolitan Planning Organization. The terms of office and |
213 | appointments to fill vacancies shall be consistent with Florida |
214 | law governing the MPO. |
215 | Section 5. Officers; meetings; records; quorum; expenses.- |
216 | (1) The council shall elect one of its members as |
217 | chairperson, one of its members as vice chairperson, one of its |
218 | members as treasurer, and one of its members as secretary, each |
219 | of whom shall serve for the year or until a successor is |
220 | elected. No person elected chairperson shall serve more than 2 |
221 | consecutive years in that capacity. Election of officers shall |
222 | be conducted in concert with the MPO, as provided by Florida law |
223 | governing the MPO. |
224 | (2) The council may meet at least once each month, at such |
225 | place and at such other times in special session as the council, |
226 | by a majority vote, shall determine, and at any other time at |
227 | the call of the chairperson. The council shall adopt, by an |
228 | affirmative vote of a majority of the voting members of the |
229 | council, operating procedures for the transaction of business |
230 | and keep a record of its transactions, resolutions, findings, |
231 | determinations, recommendations, and orders, which record shall |
232 | be a public record. Subsequent amendment of the operating |
233 | procedures shall be by an affirmative vote of a majority of the |
234 | members present and constituting a quorum. |
235 | (3) At all meetings of the council, a quorum shall consist |
236 | of a simple majority of the full voting membership. No official |
237 | business of the council may be transacted unless a quorum is |
238 | present. No vacancy in the council shall impair the right of a |
239 | quorum of the council to exercise all the rights and perform all |
240 | the duties of the council. Except as otherwise provided in this |
241 | act, all actions of the council shall be by a majority vote of |
242 | those members present. |
243 | (4) Members of the council shall be entitled to receive |
244 | from the council their traveling and other necessary expenses |
245 | incurred in connection with the business of the council, as |
246 | provided by law, but they shall draw no salaries or other |
247 | compensation. |
248 | Section 6. Powers and duties.-In the performance of its |
249 | duties and in the execution of its functions under this act, the |
250 | council has and shall exercise the following powers and duties: |
251 | (1) To maintain a permanent office at the place or places |
252 | within Pinellas County as it may designate. Additional |
253 | suboffices may be maintained at such place or places within |
254 | Pinellas County as it may designate. |
255 | (2) To employ and to compensate such personnel, |
256 | consultants, and technical and professional assistance as it may |
257 | deem necessary. |
258 | (3) To make and enter into contracts and agreements. |
259 | (4) To hold public hearings and sponsor public forums. |
260 | (5) To sue and to be sued in its own name. |
261 | (6) To contract with, accept and expend funds and grants |
262 | from, and accept and use services from: |
263 | (a) The Federal Government or any agency thereof. |
264 | (b) The state government or any agency thereof. |
265 | (c) The county government or any agency thereof, including |
266 | the district school board. |
267 | (d) The several municipalities in Pinellas County or any |
268 | agencies thereof. |
269 | (e) The Tampa Bay Regional Planning Council and other |
270 | governmental agencies. |
271 | (f) Civic groups and nonprofit agencies. |
272 | (7) To develop for countywide planning authority approval |
273 | a countywide plan that shall be broadly defined, policy-based, |
274 | and focused on countywide issues and that shall include: |
275 | (a) The countywide plan map. |
276 | (b) The countywide rules, which shall establish parameters |
277 | that will be used to determine whether local governments' future |
278 | land use plans and land development regulations are consistent |
279 | with the countywide plan map and rules. Each land use category |
280 | shall, at a minimum, be defined in terms of the types of uses |
281 | included and specific standards for the density or intensity of |
282 | use. |
283 | (c) The countywide plan strategies, which shall provide |
284 | policy guidance for the countywide plan map and rules and which |
285 | shall include: |
286 | 1. A countywide future land use component that supports a |
287 | countywide managed growth perspective. |
288 | 2. A countywide transportation component that supports |
289 | mass transit and other transportation facilities and that |
290 | recognizes the responsibilities of the MPO as defined by law and |
291 | joint agreement. |
292 | 3. A countywide intergovernmental coordination component |
293 | that supports enhanced integration of local government land use |
294 | and transportation planning. |
295 | 4. Any other component determined by the council and the |
296 | countywide planning authority to be necessary to establish |
297 | effective countywide planning in furtherance of the intent of |
298 | this act. |
299 | (8) To coordinate countywide growth management issues and |
300 | procedures consistent with this act. |
301 | (9) To review the countywide plan with the local |
302 | governments in order to ensure coordination with local goals and |
303 | policies, identify specific countywide growth management problem |
304 | areas, and work collaboratively with local governments towards |
305 | solutions to those identified problems. |
306 | (10) When processing amendments to the countywide plan |
307 | map, to consider the countywide plan strategies and the |
308 | countywide rules. |
309 | (11) To conduct a strategic planning session with the |
310 | countywide planning authority on an annual basis or at such |
311 | other intervals as the council and countywide planning authority |
312 | shall agree upon. |
313 | Section 7. Countywide staff and committees.- |
314 | (1) Pursuant to section 6(2), the council shall appoint an |
315 | independent executive director, who shall serve at the pleasure |
316 | of the council. The employment qualifications and standards for |
317 | the position of executive director shall be established by the |
318 | council. The executive director may employ such other staff as |
319 | may be needed and shall have the sole authority to manage the |
320 | activities of the staff. Nothing in this act shall prevent the |
321 | executive director and the staff from being classified or exempt |
322 | employees of the Pinellas County Unified Personnel System. |
323 | (2) Directors of individual local government land use and |
324 | planning departments, or their designees, are the members of the |
325 | planners advisory committee. The planners advisory committee |
326 | may, at the direction of the council, perform a professional |
327 | planning review of the council staff recommendations that are to |
328 | be acted upon by the council. The planners advisory committee |
329 | may also include a representative from the planning departments |
330 | maintained by the Pinellas County School Board, the PSTA, the |
331 | DOT, and other agencies as the council may determine |
332 | appropriate. In addition to the planners advisory committee, the |
333 | council may appoint such other committees as it deems necessary, |
334 | which may be comprised of either elected or nonelected |
335 | officials. The committees provided for in this section may |
336 | perform such other duties as assigned by the council but may not |
337 | be involved in the administration or executive functions of the |
338 | council. |
339 | (3) The staff, as recognized in this act, shall prepare |
340 | all plans or other documents that the council may direct under |
341 | this act and shall assist any committee and the executive |
342 | director in day-to-day activities. The staff shall be governed |
343 | by such operating procedures as may be set forth by the council. |
344 | Section 8. Budget, fiscal year, appropriations, |
345 | contributions; annual audits and reports.- |
346 | (1) The executive director of the council shall annually |
347 | prepare the budget of the council. The budget shall be kept |
348 | within the limit of funds annually available to the council, and |
349 | each item in the budget shall be fully explained. The council |
350 | shall approve and adopt the annual millage rate and budget, and |
351 | all deliberations on the millage rate and budget by the council |
352 | shall be done at meetings open to the public. The fiscal year of |
353 | the council shall be the same as the fiscal year of the Board of |
354 | County Commissioners of Pinellas County. Notwithstanding the |
355 | above, the Board of County Commissioners of Pinellas County |
356 | shall have the right to review the millage rate and budget, |
357 | raising or reducing either as it deems necessary. In its review |
358 | of the millage rate and budget, the board of county |
359 | commissioners shall ensure that the council is funded, at a |
360 | minimum, at a level that supports the council's powers and |
361 | duties set forth in section 6. |
362 | (2) The Tax Collector of Pinellas County shall remit |
363 | directly to the council, from the total taxes collected from the |
364 | millage certified by the Board of County Commissioners of |
365 | Pinellas County for county purposes, an amount equal to the |
366 | annual budget but not to exceed one-sixth of a mill on each |
367 | dollar of the assessed valuation of taxable property made |
368 | annually by the Property Appraiser of Pinellas County. The funds |
369 | collected pursuant to this subsection shall only be expended for |
370 | council purposes. |
371 | (3) The council shall cause an annual independent audit to |
372 | be performed, to be paid for by the council. The council shall |
373 | also prepare an annual report on its activities as a whole. |
374 | Section 9. Countywide planning authority of the board of |
375 | county commissioners.-The Board of County Commissioners of |
376 | Pinellas County is vested with countywide planning authority by |
377 | section 2.04(s) of the Pinellas County Charter. Such authority |
378 | is limited to the authority provided for in the county charter |
379 | and as provided in this act. |
380 | Section 10. Countywide plan repeal, readoption, and |
381 | amendment.- |
382 | (1) COUNTYWIDE PLAN AND RULES.- |
383 | (a) The existing countywide plan is to be repealed and |
384 | replaced by the adoption of a new, broadly defined, and policy- |
385 | based countywide plan that conforms to the intent of this act. |
386 | It is specifically intended that a new countywide plan provide |
387 | for fewer land use categories than the existing countywide plan. |
388 | The new countywide plan shall be prepared in collaboration with |
389 | the member local governments pursuant to a process and timetable |
390 | established by the council and countywide planning authority. |
391 | Council staff shall use best efforts to develop a new countywide |
392 | plan as expeditiously as possible. Before the adoption of a new |
393 | countywide plan, the existing countywide plan shall remain in |
394 | full force and effect. |
395 | (b) An amendment to the countywide plan map may be |
396 | initiated by the council only in order to implement the new |
397 | countywide plan that conforms to the intent of this act. |
398 | Pursuant to this one-time grant of authority which is intended |
399 | to repeal and replace the existing countywide plan map, the |
400 | council may initiate an amendment to the countywide plan map to |
401 | place any new plan map categories designated under a new |
402 | countywide plan on particular parcels of property, as |
403 | applicable. Such amendment to the countywide plan map initiated |
404 | by the council shall be sent to the local government with |
405 | jurisdiction over the subject parcel for comment and review a |
406 | minimum of 60 days before council action. The manner in which |
407 | comment, review, and adoption by the local government, if |
408 | applicable, shall take place shall be set forth in the |
409 | countywide rules. |
410 | (c) The recommendation to repeal and replace the existing |
411 | countywide plan shall be by an affirmative vote of a majority of |
412 | the voting members of the council. Any recommendation to |
413 | subsequently amend the countywide plan shall be by an |
414 | affirmative vote of a majority of the voting members present and |
415 | constituting a quorum. |
416 | (d) The countywide planning authority action to repeal and |
417 | replace the existing countywide plan as recommended by the |
418 | council shall be by a majority vote of the entire countywide |
419 | planning authority. A majority vote of the members present and |
420 | constituting a quorum of the countywide planning authority is |
421 | required to make any subsequent amendment to the countywide plan |
422 | as recommended for adoption by the council. |
423 | (e) Upon adoption by the countywide planning authority, |
424 | the countywide plan shall have the full force and effect of law |
425 | countywide. All local governments' future land use plans and |
426 | land development regulations shall be consistent with the |
427 | countywide plan map and rules. The countywide planning authority |
428 | shall have the authority to enforce the countywide plan map and |
429 | rules. |
430 | (2) CONSISTENCY REVIEW.- |
431 | (a) As of the effective date of this act, it is |
432 | acknowledged that the council has recently reviewed each local |
433 | government's future land use plan and land development |
434 | regulations for consistency with the existing countywide plan |
435 | map and rules and has determined each such future land use plan |
436 | and land development regulation to be consistent with the |
437 | existing countywide plan map and rules or has outlined the |
438 | actions necessary to establish such consistency. After a new |
439 | countywide plan map and rules that conform to the intent of this |
440 | act are adopted, it is specifically intended that the local |
441 | governments' individual plans be made consistent with the new |
442 | countywide plan map and rules, if necessary, either: |
443 | 1. Simultaneously with the next scheduled amendment, after |
444 | the effective date of this act, of the local future land use |
445 | plan and land development regulations pursuant to the Evaluation |
446 | and Appraisal Report ("EAR"), as required for local plans under |
447 | part II of chapter 163, Florida Statutes, and Rule 9J-42, |
448 | Florida Administrative Code; or |
449 | 2. If the date provided in subparagraph 1. is less than 2 |
450 | years after the adoption of the revised countywide plan map and |
451 | rules or is no longer applicable to the local government, within |
452 | 2 years after the adoption of the revised countywide plan map |
453 | and rules. |
454 | (b) Local governments' land use categories and |
455 | corresponding regulations shall be considered to be consistent |
456 | with the countywide plan map and rules if the local governments' |
457 | land use categories provide for: |
458 | 1. Maximum densities and intensities that are equal to or |
459 | less than the maximum densities and intensities provided by the |
460 | corresponding countywide plan map categories as set forth in the |
461 | rules. |
462 | 2. Some or all of the same permitted uses as enumerated in |
463 | the corresponding countywide plan map categories. |
464 | 3. Such other standards, rules, or procedures contained in |
465 | the countywide rules as are applicable. |
466 | (c) If a local government's future land use plan and land |
467 | development regulations have been determined to be consistent |
468 | with the countywide plan map and rules, the local future land |
469 | use plan and land development regulations shall regulate |
470 | development for the subject property. |
471 | (d) It is the intent of this act that land uses, lots, and |
472 | structures existing on the effective date of this act that may |
473 | be rendered nonconforming by the adoption of a new countywide |
474 | plan shall be permitted to continue until such nonconformities |
475 | are removed or ceased. Such nonconformities shall be |
476 | administered by the local government with jurisdiction. |
477 | (3) COUNTYWIDE PLAN MAP AMENDMENTS.- |
478 | (a) Amendments to the adopted countywide plan map relating |
479 | to a land use designation for a particular parcel of property |
480 | may be initiated by the local government that has jurisdiction |
481 | over the subject property. Amendments to any standard, policy, |
482 | or objective of the countywide plan strategies or the rules may |
483 | be initiated by the council or any local government. |
484 | (b) The council shall have 60 days after the day an |
485 | application is filed with the council to act on that amendment |
486 | and forward the recommendation to the countywide planning |
487 | authority. Action by the council may include recommendation for |
488 | approval, denial, continuation, or an alternative compromise |
489 | amendment, any of which shall constitute action by the council |
490 | within the stipulated 60-day period. Provision for the council |
491 | to make a recommendation for an alternative compromise amendment |
492 | shall be as approved and set forth in the rules. |
493 | (c) All amendments shall be transmitted to the countywide |
494 | planning authority with a recommendation by the council. A vote |
495 | of a majority plus one of the entire countywide planning |
496 | authority is required to take any action on the proposed |
497 | amendment that is contrary to the council's recommendation. A |
498 | recommendation shall be received by the countywide planning |
499 | authority before it takes action on an amendment. |
500 | (d) After action by the countywide planning authority, any |
501 | substantially affected person, the council, or the local |
502 | government that initiated the plan amendment may seek a hearing |
503 | pursuant to chapter 120, Florida Statutes. Any substantially |
504 | affected person may participate in the hearing. At the |
505 | conclusion of the hearing, the hearing officer's recommended |
506 | order shall be forwarded to and considered by the countywide |
507 | planning authority in a final hearing. The basis for the |
508 | countywide planning authority's final decision approving or |
509 | denying the proposed amendment is limited to the findings of |
510 | fact of the hearing officer. This paragraph shall only apply to |
511 | amendments to the countywide plan map. |
512 | (e) The council may contract with the Division of |
513 | Administrative Hearings to provide the hearing officers required |
514 | by this act. The council shall be responsible for compensating |
515 | the division for costs incurred by the division in the hearing |
516 | process. Except as provided in paragraph (d), the council and |
517 | the countywide planning authority are not subject to chapter |
518 | 120, Florida Statutes. |
519 | (f) An administrative hearing under paragraph (d) is |
520 | limited to a review of the facts pertaining to the subject |
521 | property, the countywide plan map, and the rules applicable |
522 | thereto. An administrative hearing is not the appropriate forum |
523 | for a constitutional challenge. |
524 | (g) Decisions by the countywide planning authority, acting |
525 | in its capacity under this act, are legislative in nature. |
526 | Decisions made by the countywide planning authority may be |
527 | challenged in a court of competent jurisdiction. |
528 | Section 11. Public hearing and notice requirements.- |
529 | (1) PUBLIC HEARING BEFORE THE COUNCIL.-The council shall |
530 | hold at least one public hearing to consider recommending the |
531 | adoption of or an amendment to the countywide plan. More than |
532 | one public hearing may be held at the discretion of the council. |
533 | The location of public hearings shall be determined by the |
534 | council. |
535 | (2) PUBLIC HEARING BEFORE THE COUNTYWIDE PLANNING |
536 | AUTHORITY.-An ordinance adopted by the countywide planning |
537 | authority that adopts or amends the provisions of the countywide |
538 | plan shall be enacted or amended pursuant to the following |
539 | procedure: |
540 | (a) For an amendment to the adopted countywide plan map |
541 | relating to property involving less than 5 percent of the area |
542 | of the county, the countywide planning authority shall hold a |
543 | public hearing on the proposed ordinance. |
544 | (b) For an adoption of or amendment to the countywide plan |
545 | strategies or the countywide rules, for an amendment to the |
546 | adopted countywide plan map relating to the change in a land use |
547 | designation for property involving 5 percent or more of the area |
548 | of the county, or for an adoption of the countywide plan map |
549 | initiated by the council pursuant to section 10(1)(b), the |
550 | countywide planning authority shall hold two advertised public |
551 | hearings on the proposed ordinance. At least one of the hearings |
552 | shall be held after 5 p.m. on a weekday, and the second hearing |
553 | shall be held at least 2 weeks after the first hearing. |
554 | (3) FORM OF NOTICE.-Notice shall be provided for in |
555 | accordance with applicable Florida law and as provided for in |
556 | the rules. |
557 | Section 12. Severability.-It is declared to be the intent |
558 | of the Legislature that if any section, subsection, sentence, |
559 | clause, or provision of this act is held invalid by any court of |
560 | competent jurisdiction, the remainder of the act shall not be |
561 | affected. |
562 | Section 13. Part II of chapter 163, Florida Statutes.- |
563 | Nothing in this act shall be construed to allow the county or |
564 | any municipality in the county to adopt a local government |
565 | comprehensive plan required by part II of chapter 163, Florida |
566 | Statutes, or any amendment to such plan, that does not comply |
567 | with part II of chapter 163, Florida Statutes, or any applicable |
568 | rule or regulation adopted by the Department of Community |
569 | Affairs to implement part II of chapter 163, Florida Statutes. |
570 | In addition, nothing in this act shall be construed to allow any |
571 | development order, as defined in section 163.3164, Florida |
572 | Statutes, to be issued by the county or any municipality in the |
573 | county that is not consistent with the plans adopted pursuant to |
574 | part II of chapter 163, Florida Statutes, and any applicable |
575 | rule or regulation adopted by the Department of Community |
576 | Affairs to implement part II of chapter 163, Florida Statutes. |
577 | Section 4. Chapters 73-594, 74-584, 74-586, 76-473, 88- |
578 | 464, and 90-396, Laws of Florida, are repealed. |
579 | Section 5. This act shall take effect upon becoming a law |
580 | or upon the final approval of the Pinellas County Metropolitan |
581 | Planning Organization's reapportionment plan increasing its |
582 | membership from 11 to 13 members ("the MPO reapportionment |
583 | plan"), whichever occurs later. The terms of the existing |
584 | members of the Pinellas Planning Council shall continue until |
585 | the MPO reapportionment plan becomes effective and the new |
586 | members are appointed to the council. |
CODING: Words |