Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 842
       
       
       
       
       
       
                                Barcode 448486                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/01/2012           .                                
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       The Committee on Budget Subcommittee on Transportation, Tourism,
       and Economic Development Appropriations (Bennett) recommended
       the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 418 - 566
    4  and insert:
    5         10 working days the amendment or amendments and appropriate
    6  supporting data and analyses to the reviewing agencies. The
    7  local governing body shall also transmit a copy of the
    8  amendments and supporting data and analyses to any other local
    9  government or governmental agency that has filed a written
   10  request with the governing body.
   11         2. The reviewing agencies and any other local government or
   12  governmental agency specified in subparagraph 1. may provide
   13  comments regarding the amendment or amendments to the local
   14  government. State agencies shall only comment on important state
   15  resources and facilities that will be adversely impacted by the
   16  amendment if adopted. Comments provided by state agencies shall
   17  state with specificity how the plan amendment will adversely
   18  impact an important state resource or facility and shall
   19  identify measures the local government may take to eliminate,
   20  reduce, or mitigate the adverse impacts. Such comments, if not
   21  resolved, may result in a challenge by the state land planning
   22  agency to the plan amendment. Agencies and local governments
   23  must transmit their comments to the affected local government
   24  such that they are received by the local government not later
   25  than 30 days after from the date on which the agency or
   26  government received the amendment or amendments. Reviewing
   27  agencies shall also send a copy of their comments to the state
   28  land planning agency.
   29         3. Comments to the local government from a regional
   30  planning council, county, or municipality shall be limited as
   31  follows:
   32         a. The regional planning council review and comments shall
   33  be limited to adverse effects on regional resources or
   34  facilities identified in the strategic regional policy plan and
   35  extrajurisdictional impacts that would be inconsistent with the
   36  comprehensive plan of any affected local government within the
   37  region. A regional planning council may not review and comment
   38  on a proposed comprehensive plan amendment prepared by such
   39  council unless the plan amendment has been changed by the local
   40  government subsequent to the preparation of the plan amendment
   41  by the regional planning council.
   42         b. County comments shall be in the context of the
   43  relationship and effect of the proposed plan amendments on the
   44  county plan.
   45         c. Municipal comments shall be in the context of the
   46  relationship and effect of the proposed plan amendments on the
   47  municipal plan.
   48         d. Military installation comments shall be provided in
   49  accordance with s. 163.3175.
   50         4. Comments to the local government from state agencies
   51  shall be limited to the following subjects as they relate to
   52  important state resources and facilities that will be adversely
   53  impacted by the amendment if adopted:
   54         a. The Department of Environmental Protection shall limit
   55  its comments to the subjects of air and water pollution;
   56  wetlands and other surface waters of the state; federal and
   57  state-owned lands and interest in lands, including state parks,
   58  greenways and trails, and conservation easements; solid waste;
   59  water and wastewater treatment; and the Everglades ecosystem
   60  restoration.
   61         b. The Department of State shall limit its comments to the
   62  subjects of historic and archaeological resources.
   63         c. The Department of Transportation shall limit its
   64  comments to issues within the agency’s jurisdiction as it
   65  relates to transportation resources and facilities of state
   66  importance.
   67         d. The Fish and Wildlife Conservation Commission shall
   68  limit its comments to subjects relating to fish and wildlife
   69  habitat and listed species and their habitat.
   70         e. The Department of Agriculture and Consumer Services
   71  shall limit its comments to the subjects of agriculture,
   72  forestry, and aquaculture issues.
   73         f. The Department of Education shall limit its comments to
   74  the subject of public school facilities.
   75         g. The appropriate water management district shall limit
   76  its comments to flood protection and floodplain management,
   77  wetlands and other surface waters, and regional water supply.
   78         h. The state land planning agency shall limit its comments
   79  to important state resources and facilities outside the
   80  jurisdiction of other commenting state agencies and may include
   81  comments on countervailing planning policies and objectives
   82  served by the plan amendment that should be balanced against
   83  potential adverse impacts to important state resources and
   84  facilities.
   85         (c)1. The local government shall hold its second public
   86  hearing, which shall be a hearing on whether to adopt one or
   87  more comprehensive plan amendments pursuant to subsection (11).
   88  If the local government fails, within 180 days after receipt of
   89  agency comments, to hold the second public hearing, the
   90  amendments shall be deemed withdrawn unless extended by
   91  agreement with notice to the state land planning agency and any
   92  affected person that provided comments on the amendment. The
   93  180-day limitation does not apply to amendments processed
   94  pursuant to s. 380.06.
   95         2. All comprehensive plan amendments adopted by the
   96  governing body, along with the supporting data and analysis,
   97  shall be transmitted within 10 working days after the second
   98  public hearing to the state land planning agency and any other
   99  agency or local government that provided timely comments under
  100  subparagraph (b)2.
  101         3. The state land planning agency shall notify the local
  102  government of any deficiencies within 5 working days after
  103  receipt of an amendment package. For purposes of completeness,
  104  an amendment shall be deemed complete if it contains a full,
  105  executed copy of the adoption ordinance or ordinances; in the
  106  case of a text amendment, a full copy of the amended language in
  107  legislative format with new words inserted in the text
  108  underlined, and words deleted stricken with hyphens; in the case
  109  of a future land use map amendment, a copy of the future land
  110  use map clearly depicting the parcel, its existing future land
  111  use designation, and its adopted designation; and a copy of any
  112  data and analyses the local government deems appropriate.
  113         4. An amendment adopted under this paragraph does not
  114  become effective until 31 days after the state land planning
  115  agency notifies the local government that the plan amendment
  116  package is complete. If timely challenged, an amendment does not
  117  become effective until the state land planning agency or the
  118  Administration Commission enters a final order determining the
  119  adopted amendment to be in compliance.
  120         (4) STATE COORDINATED REVIEW PROCESS.—
  121         (b) Local government transmittal of proposed plan or
  122  amendment.—Each local governing body proposing a plan or plan
  123  amendment specified in paragraph (2)(c) shall transmit the
  124  complete proposed comprehensive plan or plan amendment to the
  125  reviewing agencies within 10 working days after immediately
  126  following the first public hearing pursuant to subsection (11).
  127  The transmitted document shall clearly indicate on the cover
  128  sheet that this plan amendment is subject to the state
  129  coordinated review process of this subsection. The local
  130  governing body shall also transmit a copy of the complete
  131  proposed comprehensive plan or plan amendment to any other unit
  132  of local government or government agency in the state that has
  133  filed a written request with the governing body for the plan or
  134  plan amendment.
  135         (e) Local government review of comments; adoption of plan
  136  or amendments and transmittal.—
  137         1. The local government shall review the report submitted
  138  to it by the state land planning agency, if any, and written
  139  comments submitted to it by any other person, agency, or
  140  government. The local government, upon receipt of the report
  141  from the state land planning agency, shall hold its second
  142  public hearing, which shall be a hearing to determine whether to
  143  adopt the comprehensive plan or one or more comprehensive plan
  144  amendments pursuant to subsection (11). If the local government
  145  fails to hold the second hearing within 180 days after receipt
  146  of the state land planning agency’s report, the amendments shall
  147  be deemed withdrawn unless extended by agreement with notice to
  148  the state land planning agency and any affected person that
  149  provided comments on the amendment. The 180-day limitation does
  150  not apply to amendments processed pursuant to s. 380.06.
  151         2. All comprehensive plan amendments adopted by the
  152  governing body, along with the supporting data and analysis,
  153  shall be transmitted within 10 working days after the second