SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 532974
CHAMBER ACTION
Senate House
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11 Senators Silver, Villalobos and Garcia moved the following
12 amendment to Senate amendment (144778) to House amendment
13 (154855):
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15 Senate Amendment (with title amendment)
16 On page 34, line 24, through page 37, line 24, delete
17 those lines
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19 and insert:
20 Section 8. Paragraph (c) of subsection (1) of section
21 163.3187, Florida Statutes, is amended, and paragraphs (k) and
22 (l) are added to that subsection, to read:
23 163.3187 Amendment of adopted comprehensive plan.--
24 (1) Amendments to comprehensive plans adopted pursuant
25 to this part may be made not more than two times during any
26 calendar year, except:
27 (c) Any local government comprehensive plan amendments
28 directly related to proposed small scale development
29 activities may be approved without regard to statutory limits
30 on the frequency of consideration of amendments to the local
31 comprehensive plan. A small scale development amendment may be
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 532974
1 adopted only under the following conditions:
2 1. The proposed amendment involves a use of 10 acres
3 or fewer and:
4 a. The cumulative annual effect of the acreage for all
5 small scale development amendments adopted by the local
6 government shall not exceed:
7 (I) A maximum of 120 acres in a local government that
8 contains areas specifically designated in the local
9 comprehensive plan for urban infill, urban redevelopment, or
10 downtown revitalization as defined in s. 163.3164, urban
11 infill and redevelopment areas designated under s. 163.2517,
12 transportation concurrency exception areas approved pursuant
13 to s. 163.3180(5), or regional activity centers and urban
14 central business districts approved pursuant to s.
15 380.06(2)(e); however, amendments under this paragraph may be
16 applied to no more than 60 acres annually of property outside
17 the designated areas listed in this sub-sub-subparagraph.
18 Amendments adopted pursuant to paragraph (k) shall not be
19 counted toward the acreage limitations for small scale
20 amendments under this paragraph.
21 (II) A maximum of 80 acres in a local government that
22 does not contain any of the designated areas set forth in
23 sub-sub-subparagraph (I).
24 (III) A maximum of 120 acres in a county established
25 pursuant to s. 9, Art. VIII of the State Constitution.
26 b. The proposed amendment does not involve the same
27 property granted a change within the prior 12 months.
28 c. The proposed amendment does not involve the same
29 owner's property within 200 feet of property granted a change
30 within the prior 12 months.
31 d. The proposed amendment does not involve a text
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 532974
1 change to the goals, policies, and objectives of the local
2 government's comprehensive plan, but only proposes a land use
3 change to the future land use map for a site-specific small
4 scale development activity.
5 e. The property that is the subject of the proposed
6 amendment is not located within an area of critical state
7 concern, unless the project subject to the proposed amendment
8 involves the construction of affordable housing units meeting
9 the criteria of s. 420.0004(3), and is located within an area
10 of critical state concern designated by s. 380.0552 or by the
11 Administration Commission pursuant to s. 380.05(1). Such
12 amendment is not subject to the density limitations of
13 sub-subparagraph f., and shall be reviewed by the state land
14 planning agency for consistency with the principles for
15 guiding development applicable to the area of critical state
16 concern where the amendment is located and shall not become
17 effective until a final order is issued under s. 380.05(6).
18 f. If the proposed amendment involves a residential
19 land use, the residential land use has a density of 10 units
20 or less per acre, except that this limitation does not apply
21 to small scale amendments described in sub-sub-subparagraph
22 a.(I) that are designated in the local comprehensive plan for
23 urban infill, urban redevelopment, or downtown revitalization
24 as defined in s. 163.3164, urban infill and redevelopment
25 areas designated under s. 163.2517, transportation concurrency
26 exception areas approved pursuant to s. 163.3180(5), or
27 regional activity centers and urban central business districts
28 approved pursuant to s. 380.06(2)(e).
29 2.a. A local government that proposes to consider a
30 plan amendment pursuant to this paragraph is not required to
31 comply with the procedures and public notice requirements of
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 532974
1 s. 163.3184(15)(c) for such plan amendments if the local
2 government complies with the provisions in s. 125.66(4)(a) for
3 a county or in s. 166.041(3)(c) for a municipality. If a
4 request for a plan amendment under this paragraph is initiated
5 by other than the local government, public notice is required.
6 b. The local government shall send copies of the
7 notice and amendment to the state land planning agency, the
8 regional planning council, and any other person or entity
9 requesting a copy. This information shall also include a
10 statement identifying any property subject to the amendment
11 that is located within a coastal high hazard area as
12 identified in the local comprehensive plan.
13 3. Small scale development amendments adopted pursuant
14 to this paragraph require only one public hearing before the
15 governing board, which shall be an adoption hearing as
16 described in s. 163.3184(7), and are not subject to the
17 requirements of s. 163.3184(3)-(6) unless the local government
18 elects to have them subject to those requirements.
19 (k) A local comprehensive plan amendment directly
20 related to providing transportation improvements to enhance
21 life safety on Controlled Access Major Arterial Highways
22 identified in the Florida Intrastate Highway System, in
23 counties as defined in s. 125.011, where such roadways have a
24 high incidence of traffic accidents resulting in serious
25 injury or death. Any such amendment shall not include any
26 amendment modifying the designation on a comprehensive
27 development plan land use map nor any amendment modifying the
28 allowable densities or intensities of any land.
29 (l) A comprehensive plan amendment to adopt a public
30 educational facilities element pursuant to s. 163.31776 and
31 future land-use-map amendments for school siting may be
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SENATE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ Barcode 532974
1 approved notwithstanding statutory limits on the frequency of
2 adopting plan amendments.
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6 And the title is amended as follows:
7 On page 149, line 5, after the semicolon,
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9 insert:
10 providing for plan amendment relating to
11 certain roadways in specified counties under
12 certain conditions;
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