CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Pickens offered the following:

12

13         Amendment (with title amendment) 

14         On page 2, line 15,

15

16  insert:

17         Section 1.  Subsection (6) of section 163.3164, Florida

18  Statutes, is repealed.

19         Section 2.  Section 163.3165, Florida Statutes, is

20  created to read:

21         163.3165  Definition of development.--

22         (1)  The term "development" means the carrying out of

23  any building activity or mining operation, the making of any

24  material change in the use or appearance of any structure or

25  land, or the dividing of land into three or more parcels.

26         (2)  The following activities or uses shall be taken

27  for the purposes of this chapter to involve "development," as

28  defined in this section:

29         (a)  A reconstruction, alteration of the size, or

30  material change in the external appearance of a structure on

31  land.

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                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1         (b)  A change in the intensity of use of land, such as

  2  an increase in the number of dwelling units in a structure or

  3  on land or a material increase in the number of businesses,

  4  manufacturing establishments, offices, or dwelling units in a

  5  structure or on land.

  6         (c)  Alteration of a shore or bank of a seacoast,

  7  river, stream, lake, pond, or canal, including any "coastal

  8  construction" as defined in s. 161.021.

  9         (d)  Commencement of drilling, except to obtain soil

10  samples, mining, or excavation on a parcel of land.

11         (e)  Demolition of a structure.

12         (f)  Clearing of land as an adjunct of construction.

13         (g)  Deposit of refuse, solid or liquid waste, or fill

14  on a parcel of land.

15         (3)  The following operations or uses shall not be

16  taken for the purpose of this chapter to involve "development"

17  as defined in this section:

18         (a)  Work by a highway or road agency or railroad

19  company for the maintenance or improvement of a road or

20  railroad track, if the work is carried out on land within the

21  boundaries of the right-of-way.

22         (b)  Work by any utility and other persons engaged in

23  the distribution or transmission of gas or water, for the

24  purpose of inspecting, repairing, renewing, or constructing on

25  established rights-of-way any sewers, mains, pipes, cables,

26  utility tunnels, power lines, towers, poles, tracks, or the

27  like.

28         (c)  Work for the maintenance, renewal, improvement, or

29  alteration of any structure, if the work affects only the

30  interior or the color of the structure or the decoration of

31  the exterior of the structure.

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                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1         (d)  The use of any structure or land devoted to

  2  dwelling uses for any purpose customarily incidental to

  3  enjoyment of the dwelling.

  4         (e)  The use of any land for the purpose of growing

  5  plants, crops, trees, and other agricultural or forestry

  6  products; raising livestock; or for other agricultural

  7  purposes.

  8         (f)  A change in use of land or structure from a use

  9  within a class specified in an ordinance or rule to another

10  use in the same class.

11         (g)  A change in the ownership or form of ownership of

12  any parcel or structure.

13         (h)  The creation or termination of rights of access,

14  riparian rights, easements, covenants concerning development

15  of land, or other rights in land.

16         (4)  "Development," as designated in an ordinance,

17  rule, or development permit includes all other development

18  customarily associated with it unless otherwise specified.

19  When appropriate to the context, "development" refers to the

20  act of developing or to the result of development. Reference

21  to any specific operation is not intended to mean that the

22  operation or activity, when part of other operations or

23  activities, is not development.  Reference to particular

24  operations is not intended to limit the generality of

25  subsection (1).

26         Section 3.  Section 186.515, Florida Statutes, is

27  amended to read:

28         186.515  Creation of regional planning councils under

29  chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and

30  186.515 is intended to repeal or limit the provisions of

31  chapter 163; however, the local general-purpose governments

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                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  serving as voting members of the governing body of a regional

  2  planning council created pursuant to ss. 186.501-186.507,

  3  186.513, and 186.515 are not authorized to create a regional

  4  planning council pursuant to chapter 163 unless an agency,

  5  other than a regional planning council created pursuant to ss.

  6  186.501-186.507, 186.513, and 186.515, is designated to

  7  exercise the powers and duties in any one or more of ss.

  8  163.3164(18)(19) and 380.031(15); in which case, such a

  9  regional planning council is also without authority to

10  exercise the powers and duties in s. 163.3164(19) or s.

11  380.031(15).

12         Section 4.  Paragraph (a) of subsection (16) of section

13  287.042, Florida Statutes, is amended to read:

14         287.042  Powers, duties, and functions.--The department

15  shall have the following powers, duties, and functions:

16         (16)(a)  To enter into joint agreements with

17  governmental agencies, as defined in s. 163.3164(9)(10) for

18  the purpose of pooling funds for the purchase of commodities

19  or information technology that can be used by multiple

20  agencies. However, the department shall consult with the State

21  Technology Office on joint agreements that involve the

22  purchase of information technology.  Agencies entering into

23  joint purchasing agreements with the department or the State

24  Technology Office shall authorize the department or the State

25  Technology Office to contract for such purchases on their

26  behalf.

27         Section 5.  Paragraph (a) of subsection (2) of section

28  288.975, Florida Statutes, is amended to read:

29         288.975  Military base reuse plans.--

30         (2)  As used in this section, the term:

31         (a)  "Affected local government" means a local

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                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  government adjoining the host local government and any other

  2  unit of local government that is not a host local government

  3  but that is identified in a proposed military base reuse plan

  4  as providing, operating, or maintaining one or more public

  5  facilities as defined in s. 163.3164(23)(24) on lands within

  6  or serving a military base designated for closure by the

  7  Federal Government.

  8         Section 6.  Subsection (5) of section 369.303, Florida

  9  Statutes, is amended to read:

10         369.303  Definitions.--As used in this part:

11         (5)  "Land development regulation" means a regulation

12  covered by the definition in s. 163.3164(22)(23) and any of

13  the types of regulations described in s. 163.3202.

14         Section 7.  Subsection (16) of section 420.9071,

15  Florida Statutes, is amended to read:

16         420.9071  Definitions.--As used in ss.

17  420.907-420.9079, the term:

18         (16)  "Local housing incentive strategies" means local

19  regulatory reform or incentive programs to encourage or

20  facilitate affordable housing production, which include at a

21  minimum, assurance that permits as defined in s. 163.3164(6)

22  (7) and (7) (8) for affordable housing projects are expedited

23  to a greater degree than other projects; an ongoing process

24  for review of local policies, ordinances, regulations, and

25  plan provisions that increase the cost of housing prior to

26  their adoption; and a schedule for implementing the incentive

27  strategies. Local housing incentive strategies may also

28  include other regulatory reforms, such as those enumerated in

29  s. 420.9076 and adopted by the local governing body.

30         Section 8.  Paragraph (a) of subsection (4) of section

31  420.9076, Florida Statutes, is amended to read:

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                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1         420.9076  Adoption of affordable housing incentive

  2  strategies; committees.--

  3         (4)  The advisory committee shall review the

  4  established policies and procedures, ordinances, land

  5  development regulations, and adopted local government

  6  comprehensive plan of the appointing local government and

  7  shall recommend specific initiatives to encourage or

  8  facilitate affordable housing while protecting the ability of

  9  the property to appreciate in value. Such recommendations may

10  include the modification or repeal of existing policies,

11  procedures, ordinances, regulations, or plan provisions; the

12  creation of exceptions applicable to affordable housing; or

13  the adoption of new policies, procedures, regulations,

14  ordinances, or plan provisions.  At a minimum, each advisory

15  committee shall make recommendations on affordable housing

16  incentives in the following areas:

17         (a)  The processing of approvals of development orders

18  or permits, as defined in s. 163.3164(6)(7) and (7) (8), for

19  affordable housing projects is expedited to a greater degree

20  than other projects.

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1, line 2, after the semicolon

26

27  insert:

28         repealing s. 163.3164(6), F.S., relating to the

29         Local Government Comprehensive Planning and

30         Land Development Act; deleting the definition

31         of "development"; creating s. 163.3165, F.S.;

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                                                   HOUSE AMENDMENT

    789-126AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1         providing a definition of "development";

  2         amending ss. 186.515, 287.042, 288.975,

  3         369.303, 420.9071, and 420.9076, F.S.;

  4         conforming cross references;

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