Amendment
Bill No. 0143
Amendment No. 529967
CHAMBER ACTION
Senate House
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1Representative Bogdanoff offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 33-91 and insert:
5     Section 2.  Paragraphs (c) and (d) are added to subsection
6(1) of section 163.3174, Florida Statutes, to read:
7     163.3174  Local planning agency.--
8     (1)  The governing body of each local government,
9individually or in combination as provided in s. 163.3171, shall
10designate and by ordinance establish a "local planning agency,"
11unless the agency is otherwise established by law.
12Notwithstanding any special act to the contrary, all local
13planning agencies or equivalent agencies that first review
14rezoning and comprehensive plan amendments in each municipality
15and county shall include a representative of the school district
16appointed by the school board as a nonvoting member of the local
17planning agency or equivalent agency to attend those meetings at
18which the agency considers comprehensive plan amendments and
19rezonings that would, if approved, increase residential density
20on the property that is the subject of the application. However,
21this subsection does not prevent the governing body of the local
22government from granting voting status to the school board
23member. The governing body may designate itself as the local
24planning agency pursuant to this subsection with the addition of
25a nonvoting school board representative. The governing body
26shall notify the state land planning agency of the establishment
27of its local planning agency. All local planning agencies shall
28provide opportunities for involvement by applicable community
29college boards, which may be accomplished by formal
30representation, membership on technical advisory committees, or
31other appropriate means. The local planning agency shall prepare
32the comprehensive plan or plan amendment after hearings to be
33held after public notice and shall make recommendations to the
34governing body regarding the adoption or amendment of the plan.
35The agency may be a local planning commission, the planning
36department of the local government, or other instrumentality,
37including a countywide planning entity established by special
38act or a council of local government officials created pursuant
39to s. 163.02, provided the composition of the council is fairly
40representative of all the governing bodies in the county or
41planning area; however:
42     (c)  In recognition of the need to allow municipalities in
43highly populated urban counties in which most of the population
44of the county is located within municipalities to address land
45use planning issues on a municipal basis, in a charter county
46that has a population greater than 1.5 million people and has
47less than 10 percent of the countywide population within the
48unincorporated area of the county, the municipalities within
49such county shall, except as otherwise expressly provided in
50this paragraph, have the option to exercise exclusive land use
51planning authority. This exclusive land use planning authority
52includes platting, zoning, the adoption and amendment of
53comprehensive plans in accordance with this act, and the
54issuance of development orders for the area under municipal
55jurisdiction. The exercise of this option shall require the
56municipality to adopt a resolution approving the exercise of
57exclusive land use planning authority and submit to the
58electorate of the municipality a ballot question which states:
59"Shall the (Name of Municipality) exercise exclusive land use
60planning authority within (Name of Municipality) for platting,
61zoning, the adoption and amendment of comprehensive plans, and
62the issuance of development orders?" If the ballot question is
63approved by a majority of those qualified voters casting a vote
64on the question, the municipality shall have exclusive land use
65planning authority effective 90 days following voter approval. A
66municipality whose land use planning authority becomes exclusive
67pursuant to this paragraph may amend its comprehensive plan one
68additional time in the year in which its land use planning
69authority becomes exclusive or in the following year, without
70regard to the twice-a-year restriction in s. 163.3187(1), to
71provide for amendments the municipality determines to be
72necessary or appropriate for the transition. Development orders
73issued by a charter county within a municipality prior to the
74municipality's assuming exclusive land use planning authority
75shall remain valid for the effective period of the development
76order unless an application for an amendment to the development
77order is approved by the municipality in accordance with the
78procedures of the municipality for amending development orders.
79This paragraph does not affect the authority of a charter county
80subject to this paragraph to adopt and enforce countywide impact
81fees. Effective upon a municipality's obtaining exclusive land
82use planning authority pursuant to this provision, the level of
83service for county facilities in the municipality shall be the
84level of service that was applied by the county on the date that
85the municipality adopted the resolution approving the exercise
86of exclusive land use planning authority and submitting the
87ballot question to the electorate of the municipality. In order
88for any future change in level of service for county facilities
89to become effective within a municipality that obtains exclusive
90land use planning authority pursuant to this paragraph, the
91change in the level of service shall require the approval of
92both the affected municipality and the county, as evidenced by
93both the municipality and county's adopting the amended level of
94service for the county facilities into their respective
95comprehensive plans. In a municipality that obtains exclusive
96land use planning authority, the county shall, if requested by
97the municipality and upon the payment of a reasonable fee,
98review and advise the municipality as to whether proposed
99mitigation of traffic impacts that are to be provided by
100improvements to county roadways meet the county's permit
101criteria for improvements to county roadways. Nothing in this
102paragraph shall be interpreted to affect a county's permit
103authority with respect to county roadways. This paragraph
104applies notwithstanding any other law.
105     (d)  A charter county that is not subject to paragraph (c)
106may exercise such authority over municipalities and districts
107within its boundaries as provided for in its charter.
108
109================ T I T L E  A M E N D M E N T =============
110     Remove lines 7-10 and insert:
111providing for retroactive application; amending s. 163.3174,
112F.S.; providing procedures for certain municipalities to
113exercise exclusive land use planning authority on a municipal
114basis; providing for a referendum; providing for additional
115amendment of a municipality's comprehensive plan; providing for
116continuation of development orders issued by a charter county;
117providing conditions for future changes in level of service;
118providing for application; providing an


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