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



                                                   HOUSE AMENDMENT

    736-142AX-02                      Bill No. CS/HB 789, 1st Eng.

    Amendment No. 1 (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) Rubio and Cantens offered the following:

12

13         Amendment (with title amendment) 

14         On page 21, lines 6-17,

15  remove:  all of said lines

16

17  and insert:

18         Section 2.  Paragraphs (c) and (i) of subsection (1) of

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

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

21         163.3187  Amendment of adopted comprehensive plan.--

22         (1)  Amendments to comprehensive plans adopted pursuant

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

24  calendar year, except:

25         (c)  Any local government comprehensive plan amendments

26  directly related to proposed small scale development

27  activities may be approved without regard to statutory limits

28  on the frequency of consideration of amendments to the local

29  comprehensive plan. A small scale development amendment may be

30  adopted only under the following conditions:

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

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                                                   HOUSE AMENDMENT

    736-142AX-02                      Bill No. CS/HB 789, 1st Eng.

    Amendment No. 1 (for drafter's use only)





  1  or fewer and:

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

  3  small scale development amendments adopted by the local

  4  government shall not exceed:

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

  6  contains areas specifically designated in the local

  7  comprehensive plan for urban infill, urban redevelopment, or

  8  downtown revitalization as defined in s. 163.3164, urban

  9  infill and redevelopment areas designated under s. 163.2517,

10  transportation concurrency exception areas approved pursuant

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

12  central business districts approved pursuant to s.

13  380.06(2)(e); however, amendments under this paragraph may be

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

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

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

17  counted toward the acreage limitations for small scale

18  amendments under this paragraph.

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

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

21  sub-sub-subparagraph (I).

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

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

24         b.  The proposed amendment does not involve the same

25  property granted a change within the prior 12 months.

26         c.  The proposed amendment does not involve the same

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

28  within the prior 12 months.

29         d.  The proposed amendment does not involve a text

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

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

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                                                   HOUSE AMENDMENT

    736-142AX-02                      Bill No. CS/HB 789, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

  2  scale development activity.

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

  4  amendment is not located within an area of critical state

  5  concern, unless the project subject to the proposed amendment

  6  involves the construction of affordable housing units meeting

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

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

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

10  amendment is not subject to the density limitations of

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

12  planning agency for consistency with the principles for

13  guiding development applicable to the area of critical state

14  concern where the amendment is located and shall not become

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

16         f.  If the proposed amendment involves a residential

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

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

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

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

21  urban infill, urban redevelopment, or downtown revitalization

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

23  areas designated under s. 163.2517, transportation concurrency

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

25  regional activity centers and urban central business districts

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

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

28  plan amendment pursuant to this paragraph is not required to

29  comply with the procedures and public notice requirements of

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

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

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                                                   HOUSE AMENDMENT

    736-142AX-02                      Bill No. CS/HB 789, 1st Eng.

    Amendment No. 1 (for drafter's use only)





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

  2  request for a plan amendment under this paragraph is initiated

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

  4         b.  The local government shall send copies of the

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

  6  regional planning council, and any other person or entity

  7  requesting a copy. This information shall also include a

  8  statement identifying any property subject to the amendment

  9  that is located within a coastal high hazard area as

10  identified in the local comprehensive plan.

11         3.  Small scale development amendments adopted pursuant

12  to this paragraph require only one public hearing before the

13  governing board, which shall be an adoption hearing as

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

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

16  elects to have them subject to those requirements.

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

18  designating an urban infill and redevelopment area under s.

19  163.2517 or a Rural Heritage Area or Rural Activity Center

20  under the Florida Rural Heritage and Economic Stimulus Act may

21  be approved without regard to the statutory limits on the

22  frequency of amendments to the comprehensive plan.

23         (k)  A local comprehensive plan amendment directly

24  related to providing transportation improvements to enhance

25  life safety on Controlled Access Major Arterial Highways

26  identified in the Florida Intrastate Highway System, in

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

28  high incidence of traffic accidents resulting in serious

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

30  amendment modifying the designation on a comprehensive

31  development plan land use map nor any amendment modifying the

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                                                   HOUSE AMENDMENT

    736-142AX-02                      Bill No. CS/HB 789, 1st Eng.

    Amendment No. 1 (for drafter's use only)





  1  allowable densities or intensities of any land. An amendment

  2  proposed pursuant to this paragraph shall be subject to the

  3  review process for small scale amendments described in

  4  paragraph (c).

  5         Section 3.  Whopper Way designated; Department of

  6  Transportation to erect suitable markers.--

  7         (1)  That portion of N.W. 57 Avenue from N.W. 7 Street

  8  to State Highway 836 in Miami-Dade County is hereby designated

  9  as "Whopper Way."

10         (2)  The Department of Transportation is directed to

11  erect suitable markers designating Whopper Way as described in

12  subsection (1).

13

14

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

16  And the title is amended as follows:

17         On page 2, line 2, after "Centers;"

18

19  insert:

20         providing for plan amendment relating to

21         certain roadways in specified counties under

22         certain conditions; designating Whopper Way in

23         Miami-Dade County and directing the Department

24         of Transportation to erect suitable markers;

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    File original & 9 copies    03/15/02
    hbd0007                     02:04 pm         00789-0111-345351