HOUSE AMENDMENT Bill No. HB 435 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Llorente offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 196 and 197, insert:
16	Section 3. Paragraph (c) is added to subsection (1) of
17	section 163.3174, Florida Statutes, to read:
18	163.3174 Local planning agency.--
19	(1) The governing body of each local government,
20	individually or in combination as provided in s. 163.3171, shall
21	designate and by ordinance establish a "local planning agency,"
22	unless the agency is otherwise established by law.
23	Notwithstanding any special act to the contrary, all local
24	planning agencies or equivalent agencies that first review
25	rezoning and comprehensive plan amendments in each municipality
26	and county shall include a representative of the school district
27	appointed by the school board as a nonvoting member of the local
28	planning agency or equivalent agency to attend those meetings at
29	which the agency considers comprehensive plan amendments and
30	rezonings that would, if approved, increase residential density
31	on the property that is the subject of the application. However,
32	this subsection does not prevent the governing body of the local
33	government from granting voting status to the school board
34	member. The governing body may designate itself as the local
35	planning agency pursuant to this subsection with the addition of
36	a nonvoting school board representative. The governing body
37	shall notify the state land planning agency of the establishment
38	of its local planning agency. All local planning agencies shall
39	provide opportunities for involvement by applicable community
40	college boards, which may be accomplished by formal
41	representation, membership on technical advisory committees, or
42	other appropriate means. The local planning agency shall prepare
43	the comprehensive plan or plan amendment after hearings to be
44	held after public notice and shall make recommendations to the
45	governing body regarding the adoption or amendment of the plan.
46	The agency may be a local planning commission, the planning
47	department of the local government, or other instrumentality,
48	including a countywide planning entity established by special
49	act or a council of local government officials created pursuant
50	to s. 163.02, provided the composition of the council is fairly
51	representative of all the governing bodies in the county or
52	planning area; however:
53	(a) If a joint planning entity is in existence on the
54	effective date of this act which authorizes the governing bodies
55	to adopt and enforce a land use plan effective throughout the
56	joint planning area, that entity shall be the agency for those
57	local governments until such time as the authority of the joint
58	planning entity is modified by law.
59	(b) In the case of chartered counties, the planning
60	responsibility between the county and the several municipalities
61	therein shall be as stipulated in the charter.
62	(c) The Legislature recognizes that many larger
63	municipalities within charter counties have the technical
64	planning staff to effectively implement and enforce a
65	comprehensive plan and develop and achieve a community vision
66	within their boundaries. Notwithstanding paragraph (b) or any
67	other provision of law to the contrary, each municipality with a
68	population greater than 10,000, located in a charter county not
69	operating under a home rule charter adopted pursuant to ss. 10,
70	11, and 24, Art. VIII of the Constitution of 1885, as preserved
71	by s. 6(e), Art. VIII of the Constitution of 1968 with a
72	population greater than 1,500,000 and more than 25
73	municipalities, shall have exclusive planning authority,
74	including,, but not limited to, development order approval and
75	zoning and comprehensive planning for the area under its
76	municipal jurisdiction. However, a municipality located in such
77	a county may delegate planning authority for the area under its
78	municipal jurisdiction to the county if the governing body of
79	the municipality adopts a resolution approving the delegation to
80	the county. A charter county, as described in this paragraph,
81	may provide written comments on a proposed land use change
82	within a municipality's jurisdiction and provide planning
83	assistance if requested by the municipality.
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85	================= T I T L E A M E N D M E N T =================
86	Remove line(s) 14, and insert:
87	strategy"; amending s. 163.3174, F.S.; providing local
88	planning authority for certain municipalities in certain
89	charter counties; amending s. 163.3177, F.S.; providing an