Senate Bill sb2956
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2956
By Senator Bennett
21-1754-04
1 A bill to be entitled
2 An act relating to comprehensive planning by
3 large municipalities in certain charter
4 counties; amending s. 163.3174, F.S.; granting
5 exclusive planning authority to municipalities
6 having a population greater than 10,000 which
7 are located within specified charter counties;
8 authorizing the delegation of municipal
9 planning authority to the county; authorizing
10 the county, upon request of the municipality,
11 to comment on proposed land use within the
12 municipality or to provide planning assistance
13 to the municipality; providing an effective
14 date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (c) is added to subsection (1) of
19 section 163.3174, Florida Statutes, to read:
20 163.3174 Local planning agency.--
21 (1) The governing body of each local government,
22 individually or in combination as provided in s. 163.3171,
23 shall designate and by ordinance establish a "local planning
24 agency," unless the agency is otherwise established by law.
25 Notwithstanding any special act to the contrary, all local
26 planning agencies or equivalent agencies that first review
27 rezoning and comprehensive plan amendments in each
28 municipality and county shall include a representative of the
29 school district appointed by the school board as a nonvoting
30 member of the local planning agency or equivalent agency to
31 attend those meetings at which the agency considers
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2956
21-1754-04
1 comprehensive plan amendments and rezonings that would, if
2 approved, increase residential density on the property that is
3 the subject of the application. However, this subsection does
4 not prevent the governing body of the local government from
5 granting voting status to the school board member. The
6 governing body may designate itself as the local planning
7 agency pursuant to this subsection with the addition of a
8 nonvoting school board representative. The governing body
9 shall notify the state land planning agency of the
10 establishment of its local planning agency. All local planning
11 agencies shall provide opportunities for involvement by
12 applicable community college boards, which may be accomplished
13 by formal representation, membership on technical advisory
14 committees, or other appropriate means. The local planning
15 agency shall prepare the comprehensive plan or plan amendment
16 after hearings to be held after public notice and shall make
17 recommendations to the governing body regarding the adoption
18 or amendment of the plan. The agency may be a local planning
19 commission, the planning department of the local government,
20 or other instrumentality, including a countywide planning
21 entity established by special act or a council of local
22 government officials created pursuant to s. 163.02, provided
23 the composition of the council is fairly representative of all
24 the governing bodies in the county or planning area; however:
25 (c) In recognition that many larger municipalities
26 have sufficient technical staff to effectively implement and
27 enforce a comprehensive plan and develop and achieve a
28 community vision within the municipal boundaries, a
29 municipality having a population greater than 10,000 may
30 exercise exclusive planning authority, including, but not
31 limited to, development approval and zoning and comprehensive
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2004 SB 2956
21-1754-04
1 planning for the area under its municipal jurisdiction if it
2 is located within a charter county having a population greater
3 than 1,500,000 which does not operate under a home rule
4 charter adopted pursuant to ss. 10, 11, and 24, Art. VIII of
5 the Constitution of 1885, as preserved by s. 6(e), Art. VIII
6 of the Constitution of 1968. Such a municipality may, by
7 resolution of its governing board, delegate planning authority
8 for the area under its municipal jurisdiction to the county
9 wherein it is located. A charter county as described in this
10 paragraph may, upon the request of the municipality, provide
11 written comments concerning a proposed land use within the
12 jurisdiction of that municipality or provide planning
13 assistance to that municipality. This paragraph applies
14 notwithstanding any other law.
15 Section 2. This act shall take effect July 1, 2004.
16
17 *****************************************
18 SENATE SUMMARY
19 Grants exclusive planning authority to certain larger
municipalities in specified charter counties. Authorizes
20 delegation of such municipal planning authority to the
county. Authorizes such county to, upon request, comment
21 on proposed land use within the municipality or provide
planning assistance to the municipality.
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.