| 1 | Representative Bogdanoff offered the following: | 
| 2 | 
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| 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, | 
| 9 | individually or in combination as provided in s. 163.3171, shall | 
| 10 | designate and by ordinance establish a "local planning agency," | 
| 11 | unless the agency is otherwise established by law. | 
| 12 | Notwithstanding any special act to the contrary, all local | 
| 13 | planning agencies or equivalent agencies that first review | 
| 14 | rezoning and comprehensive plan amendments in each municipality | 
| 15 | and county shall include a representative of the school district | 
| 16 | appointed by the school board as a nonvoting member of the local | 
| 17 | planning agency or equivalent agency to attend those meetings at | 
| 18 | which the agency considers comprehensive plan amendments and | 
| 19 | rezonings that would, if approved, increase residential density | 
| 20 | on the property that is the subject of the application. However, | 
| 21 | this subsection does not prevent the governing body of the local | 
| 22 | government from granting voting status to the school board | 
| 23 | member. The governing body may designate itself as the local | 
| 24 | planning agency pursuant to this subsection with the addition of | 
| 25 | a nonvoting school board representative. The governing body | 
| 26 | shall notify the state land planning agency of the establishment | 
| 27 | of its local planning agency. All local planning agencies shall | 
| 28 | provide opportunities for involvement by applicable community | 
| 29 | college boards, which may be accomplished by formal | 
| 30 | representation, membership on technical advisory committees, or | 
| 31 | other appropriate means. The local planning agency shall prepare | 
| 32 | the comprehensive plan or plan amendment after hearings to be | 
| 33 | held after public notice and shall make recommendations to the | 
| 34 | governing body regarding the adoption or amendment of the plan. | 
| 35 | The agency may be a local planning commission, the planning | 
| 36 | department of the local government, or other instrumentality, | 
| 37 | including a countywide planning entity established by special | 
| 38 | act or a council of local government officials created pursuant | 
| 39 | to s. 163.02, provided the composition of the council is fairly | 
| 40 | representative of all the governing bodies in the county or | 
| 41 | planning area; however: | 
| 42 | (c)  In recognition of the need to allow municipalities in | 
| 43 | highly populated urban counties in which most of the population | 
| 44 | of the county is located within municipalities to address land | 
| 45 | use planning issues on a municipal basis, in a charter county | 
| 46 | that has a population greater than 1.5 million people and has | 
| 47 | less than 10 percent of the countywide population within the | 
| 48 | unincorporated area of the county, the municipalities within | 
| 49 | such county shall, except as otherwise expressly provided in | 
| 50 | this paragraph, have the option to exercise exclusive land use | 
| 51 | planning authority. This exclusive land use planning authority | 
| 52 | includes platting, zoning, the adoption and amendment of | 
| 53 | comprehensive plans in accordance with this act, and the | 
| 54 | issuance of development orders for the area under municipal | 
| 55 | jurisdiction. The exercise of this option shall require the | 
| 56 | municipality to adopt a resolution approving the exercise of | 
| 57 | exclusive land use planning authority and submit to the | 
| 58 | electorate of the municipality a ballot question which states: | 
| 59 | "Shall the (Name of Municipality) exercise exclusive land use | 
| 60 | planning authority within (Name of Municipality) for platting, | 
| 61 | zoning, the adoption and amendment of comprehensive plans, and | 
| 62 | the issuance of development orders?" If the ballot question is | 
| 63 | approved by a majority of those qualified voters casting a vote | 
| 64 | on the question, the municipality shall have exclusive land use | 
| 65 | planning authority effective 90 days following voter approval. A | 
| 66 | municipality whose land use planning authority becomes exclusive | 
| 67 | pursuant to this paragraph may amend its comprehensive plan one | 
| 68 | additional time in the year in which its land use planning | 
| 69 | authority becomes exclusive or in the following year, without | 
| 70 | regard to the twice-a-year restriction in s. 163.3187(1), to | 
| 71 | provide for amendments the municipality determines to be | 
| 72 | necessary or appropriate for the transition. Development orders | 
| 73 | issued by a charter county within a municipality prior to the | 
| 74 | municipality's assuming exclusive land use planning authority | 
| 75 | shall remain valid for the effective period of the development | 
| 76 | order unless an application for an amendment to the development | 
| 77 | order is approved by the municipality in accordance with the | 
| 78 | procedures of the municipality for amending development orders. | 
| 79 | This paragraph does not affect the authority of a charter county | 
| 80 | subject to this paragraph to adopt and enforce countywide impact | 
| 81 | fees. Effective upon a municipality's obtaining exclusive land | 
| 82 | use planning authority pursuant to this provision, the level of | 
| 83 | service for county facilities in the municipality shall be the | 
| 84 | level of service that was applied by the county on the date that | 
| 85 | the municipality adopted the resolution approving the exercise | 
| 86 | of exclusive land use planning authority and submitting the | 
| 87 | ballot question to the electorate of the municipality. In order | 
| 88 | for any future change in level of service for county facilities | 
| 89 | to become effective within a municipality that obtains exclusive | 
| 90 | land use planning authority pursuant to this paragraph, the | 
| 91 | change in the level of service shall require the approval of | 
| 92 | both the affected municipality and the county, as evidenced by | 
| 93 | both the municipality and county's adopting the amended level of | 
| 94 | service for the county facilities into their respective | 
| 95 | comprehensive plans. In a municipality that obtains exclusive | 
| 96 | land use planning authority, the county shall, if requested by | 
| 97 | the municipality and upon the payment of a reasonable fee, | 
| 98 | review and advise the municipality as to whether proposed | 
| 99 | mitigation of traffic impacts that are to be provided by | 
| 100 | improvements to county roadways meet the county's permit | 
| 101 | criteria for improvements to county roadways. Nothing in this | 
| 102 | paragraph shall be interpreted to affect a county's permit | 
| 103 | authority with respect to county roadways. This paragraph | 
| 104 | applies notwithstanding any other law. | 
| 105 | (d)  A charter county that is not subject to paragraph (c) | 
| 106 | may exercise such authority over municipalities and districts | 
| 107 | within its boundaries as provided for in its charter. | 
| 108 | 
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| 109 | ================ T I T L E  A M E N D M E N T ============= | 
| 110 | Remove lines 7-10 and insert: | 
| 111 | providing for retroactive application; amending s. 163.3174, | 
| 112 | F.S.; providing procedures for certain municipalities to | 
| 113 | exercise exclusive land use planning authority on a municipal | 
| 114 | basis; providing for a referendum; providing for additional | 
| 115 | amendment of a municipality's comprehensive plan; providing for | 
| 116 | continuation of development orders issued by a charter county; | 
| 117 | providing conditions for future changes in level of service; | 
| 118 | providing for application; providing an |