Amendment
Bill No. 0143
Amendment No. 626939
CHAMBER ACTION
Senate House
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1Representative Smith offered the following:
2
3     Amendment (with title amendment)
4     Remove line(s) 35 and insert:
5     Section 2.  Subsection (2) of section 163.3171, Florida
6Statutes, is amended, and subsection (5) is added to said
7section, to read:
8     163.3171  Areas of authority under this act.--
9     (2)  A county shall exercise authority under this act for
10the total unincorporated area under its jurisdiction or in such
11unincorporated areas as are not included in any joint agreement
12with municipalities established under the provisions of
13subsection (1). In the case of chartered counties, the county
14may exercise such authority over municipalities or districts
15within its boundaries as is provided for in its charter.
16     (5)  In recognition of the need for municipalities in
17highly populated urban counties to address their planning issues
18on an individual basis, municipalities within counties having a
19population of greater than 1.5 million people shall exercise
20exclusive planning authority, including, but not limited to,
21zoning, comprehensive planning, and the issuance of development
22orders for the area under its municipal jurisdiction; except
23that a county that operates under a home rule charter adopted
24pursuant to s. 24, Art. VIII of the Constitution of 1885, as
25preserved by s. 6(e), Art. VIII of the Constitution of 1968
26shall exercise planning authority in accordance with its
27charter. A municipality that has exclusive planning authority
28pursuant to this subsection may, by resolution of its governing
29body, delegate planning authority for the area under its
30municipal jurisdiction to the county in which it is located. A
31county that does not exercise planning authority within a
32municipality pursuant to this section may, upon the request of
33the municipality, provide written comments concerning a proposed
34land use within the jurisdiction of that municipality or provide
35planning assistance to that municipality. Municipalities whose
36land use planning authority becomes exclusive pursuant to this
37subsection may amend their comprehensive plans one additional
38time in 2004 or 2005, without regard to the twice a year
39restriction in s. 163.3187(1), to provide for amendments that
40municipality determines to be necessary or appropriate for the
41transition. Development orders issued by a county for property
42within a municipality, prior to the effective date of this act,
43shall remain valid for the effective period of the development
44order, unless an application for an amendment to the development
45order is approved by the municipality in accordance with the
46procedures of the municipality for amending development orders.
47This subsection shall not affect the authority of a charter
48county to adopt and enforce countywide impact fees to the extent
49that the charter county had such authority prior to the
50effective date of this subsection. Upon this subsection becoming
51effective, the level of service for county facilities within
52municipalities that obtain exclusive jurisdiction pursuant to
53this section shall be the level of service that was applied by
54the county on April 1, 2004. Any increase in the level of
55service for county facilities within municipalities that obtain
56exclusive jurisdiction pursuant to this subsection shall require
57the approval of the affected municipality, as evidenced by the
58municipality adopting the increased level of service for the
59county facilities into the municipality's comprehensive plan.
60Counties with populations of less than 1.5 million may exercise
61such authority over municipalities or districts within their
62boundaries as is provided for in their charters. This subsection
63applies notwithstanding any other law.
64     Section 3.  This act shall take effect upon becoming a law.
65
66================ T I T L E  A M E N D M E N T =============
67     Remove line(s) 13 and insert:
68application; amending s. 163.3171, F.S.; providing exclusive
69planning authority for certain municipalities in highly
70populated urban counties; providing requirements for exercise of
71such authority; providing an effective date.


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