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



                                                  SENATE AMENDMENT

    Bill No. CS for SB 728

    Amendment No. ___   Barcode 725684

                            CHAMBER ACTION
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11  Senator Silver moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 6, between lines 22 and 23,

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16  insert:

17         Section 6.  Paragraphs (c) and (i) of subsection (1) of

18  section 163.3187, Florida Statutes, are amended, and paragraph

19  (k) is added to said subsection, to read:

20         163.3187  Amendment of adopted comprehensive plan.--

21         (1)  Amendments to comprehensive plans adopted pursuant

22  to this part may be made not more than two times during any

23  calendar year, except:

24         (c)  Any local government comprehensive plan amendments

25  directly related to proposed small scale development

26  activities may be approved without regard to statutory limits

27  on the frequency of consideration of amendments to the local

28  comprehensive plan. A small scale development amendment may be

29  adopted only under the following conditions:

30         1.  The proposed amendment involves a use of 10 acres

31  or fewer and:

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 728

    Amendment No. ___   Barcode 725684





  1         a.  The cumulative annual effect of the acreage for all

  2  small scale development amendments adopted by the local

  3  government shall not exceed:

  4         (I)  A maximum of 120 acres in a local government that

  5  contains areas specifically designated in the local

  6  comprehensive plan for urban infill, urban redevelopment, or

  7  downtown revitalization as defined in s. 163.3164, urban

  8  infill and redevelopment areas designated under s. 163.2517,

  9  transportation concurrency exception areas approved pursuant

10  to s. 163.3180(5), or regional activity centers and urban

11  central business districts approved pursuant to s.

12  380.06(2)(e); however, amendments under this paragraph may be

13  applied to no more than 60 acres annually of property outside

14  the designated areas listed in this sub-sub-subparagraph.

15  Amendments adopted pursuant to paragraph (k) shall not be

16  counted toward the acreage limitations for small scale

17  amendments under this paragraph.

18         (II)  A maximum of 80 acres in a local government that

19  does not contain any of the designated areas set forth in

20  sub-sub-subparagraph (I).

21         (III)  A maximum of 120 acres in a county established

22  pursuant to s. 9, Art. VIII of the State Constitution.

23         b.  The proposed amendment does not involve the same

24  property granted a change within the prior 12 months.

25         c.  The proposed amendment does not involve the same

26  owner's property within 200 feet of property granted a change

27  within the prior 12 months.

28         d.  The proposed amendment does not involve a text

29  change to the goals, policies, and objectives of the local

30  government's comprehensive plan, but only proposes a land use

31  change to the future land use map for a site-specific small

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 728

    Amendment No. ___   Barcode 725684





  1  scale development activity.

  2         e.  The property that is the subject of the proposed

  3  amendment is not located within an area of critical state

  4  concern, unless the project subject to the proposed amendment

  5  involves the construction of affordable housing units meeting

  6  the criteria of s. 420.0004(3), and is located within an area

  7  of critical state concern designated by s. 380.0552 or by the

  8  Administration Commission pursuant to s. 380.05(1). Such

  9  amendment is not subject to the density limitations of

10  sub-subparagraph f., and shall be reviewed by the state land

11  planning agency for consistency with the principles for

12  guiding development applicable to the area of critical state

13  concern where the amendment is located and shall not become

14  effective until a final order is issued under s. 380.05(6).

15         f.  If the proposed amendment involves a residential

16  land use, the residential land use has a density of 10 units

17  or less per acre, except that this limitation does not apply

18  to small scale amendments described in sub-sub-subparagraph

19  a.(I) that are designated in the local comprehensive plan for

20  urban infill, urban redevelopment, or downtown revitalization

21  as defined in s. 163.3164, urban infill and redevelopment

22  areas designated under s. 163.2517, transportation concurrency

23  exception areas approved pursuant to s. 163.3180(5), or

24  regional activity centers and urban central business districts

25  approved pursuant to s. 380.06(2)(e).

26         2.a.  A local government that proposes to consider a

27  plan amendment pursuant to this paragraph is not required to

28  comply with the procedures and public notice requirements of

29  s. 163.3184(15)(c) for such plan amendments if the local

30  government complies with the provisions in s. 125.66(4)(a) for

31  a county or in s. 166.041(3)(c) for a municipality. If a

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 728

    Amendment No. ___   Barcode 725684





  1  request for a plan amendment under this paragraph is initiated

  2  by other than the local government, public notice is required.

  3         b.  The local government shall send copies of the

  4  notice and amendment to the state land planning agency, the

  5  regional planning council, and any other person or entity

  6  requesting a copy. This information shall also include a

  7  statement identifying any property subject to the amendment

  8  that is located within a coastal high hazard area as

  9  identified in the local comprehensive plan.

10         3.  Small scale development amendments adopted pursuant

11  to this paragraph require only one public hearing before the

12  governing board, which shall be an adoption hearing as

13  described in s. 163.3184(7), and are not subject to the

14  requirements of s. 163.3184(3)-(6) unless the local government

15  elects to have them subject to those requirements.

16         (i)  A comprehensive plan amendment for the purpose of

17  designating an urban infill and redevelopment area under s.

18  163.2517 or a Rural Heritage Area or Rural Activity Center

19  under the Florida Rural Heritage and Economic Stimulus Act may

20  be approved without regard to the statutory limits on the

21  frequency of amendments to the comprehensive plan.

22         (k)  A local comprehensive plan amendment directly

23  related to providing transportation improvements to enhance

24  life safety on Controlled Access Major Arterial Highways

25  identified in the Florida Intrastate Highway System, in

26  counties as defined in s. 125.011, where such roadways have a

27  high incidence of traffic accidents resulting in serious

28  injury or death. Any such amendment shall not include any

29  amendment modifying the designation on a comprehensive

30  development plan land use map nor any amendment modifying the

31  allowable densities or intensities of any land. An amendment

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 728

    Amendment No. ___   Barcode 725684





  1  proposed pursuant to this paragraph shall be subject to the

  2  review process for small scale amendments described in

  3  paragraph (c).

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  5  (Redesignate subsequent sections.)

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

  9  And the title is amended as follows:

10         On page 1, line 22, after the semicolon,

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12  insert:

13         amending s. 163.3187, F.S.; providing for plan

14         amendment relating to certain roadways in

15         specified counties under certain conditions;

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