1 | Representative Smith offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Remove line(s) 35 and insert: |
5 | Section 2. Subsection (2) of section 163.3171, Florida |
6 | Statutes, is amended, and subsection (5) is added to said |
7 | section, to read: |
8 | 163.3171 Areas of authority under this act.-- |
9 | (2) A county shall exercise authority under this act for |
10 | the total unincorporated area under its jurisdiction or in such |
11 | unincorporated areas as are not included in any joint agreement |
12 | with municipalities established under the provisions of |
13 | subsection (1). In the case of chartered counties, the county |
14 | may exercise such authority over municipalities or districts |
15 | within its boundaries as is provided for in its charter. |
16 | (5) In recognition of the need for municipalities in |
17 | highly populated urban counties to address their planning issues |
18 | on an individual basis, municipalities within counties having a |
19 | population of greater than 1.5 million people shall exercise |
20 | exclusive planning authority, including, but not limited to, |
21 | zoning, comprehensive planning, and the issuance of development |
22 | orders for the area under its municipal jurisdiction; except |
23 | that a county that operates under a home rule charter adopted |
24 | pursuant to s. 24, Art. VIII of the Constitution of 1885, as |
25 | preserved by s. 6(e), Art. VIII of the Constitution of 1968 |
26 | shall exercise planning authority in accordance with its |
27 | charter. A municipality that has exclusive planning authority |
28 | pursuant to this subsection may, by resolution of its governing |
29 | body, delegate planning authority for the area under its |
30 | municipal jurisdiction to the county in which it is located. A |
31 | county that does not exercise planning authority within a |
32 | municipality pursuant to this section may, upon the request of |
33 | the municipality, provide written comments concerning a proposed |
34 | land use within the jurisdiction of that municipality or provide |
35 | planning assistance to that municipality. Municipalities whose |
36 | land use planning authority becomes exclusive pursuant to this |
37 | subsection may amend their comprehensive plans one additional |
38 | time in 2004 or 2005, without regard to the twice a year |
39 | restriction in s. 163.3187(1), to provide for amendments that |
40 | municipality determines to be necessary or appropriate for the |
41 | transition. Development orders issued by a county for property |
42 | within a municipality, prior to the effective date of this act, |
43 | shall remain valid for the effective period of the development |
44 | order, unless an application for an amendment to the development |
45 | order is approved by the municipality in accordance with the |
46 | procedures of the municipality for amending development orders. |
47 | This subsection shall not affect the authority of a charter |
48 | county to adopt and enforce countywide impact fees to the extent |
49 | that the charter county had such authority prior to the |
50 | effective date of this subsection. Upon this subsection becoming |
51 | effective, the level of service for county facilities within |
52 | municipalities that obtain exclusive jurisdiction pursuant to |
53 | this section shall be the level of service that was applied by |
54 | the county on April 1, 2004. Any increase in the level of |
55 | service for county facilities within municipalities that obtain |
56 | exclusive jurisdiction pursuant to this subsection shall require |
57 | the approval of the affected municipality, as evidenced by the |
58 | municipality adopting the increased level of service for the |
59 | county facilities into the municipality's comprehensive plan. |
60 | Counties with populations of less than 1.5 million may exercise |
61 | such authority over municipalities or districts within their |
62 | boundaries as is provided for in their charters. This subsection |
63 | applies notwithstanding any other law. |
64 | Section 3. This act shall take effect upon becoming a law. |
65 |
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66 | ================ T I T L E A M E N D M E N T ============= |
67 | Remove line(s) 13 and insert: |
68 | application; amending s. 163.3171, F.S.; providing exclusive |
69 | planning authority for certain municipalities in highly |
70 | populated urban counties; providing requirements for exercise of |
71 | such authority; providing an effective date. |