Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
CHAMBER ACTION
Senate House
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05/03/2005 12:21 PM .
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 7, line 23 through page 8, line 14, delete
15 those lines
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17 and insert:
18 Section 3. Paragraph (c) of subsection (1) of section
19 163.3187, Florida Statutes, is amended, and paragraph (o) is
20 added to said subsection, to read:
21 163.3187 Amendment of adopted comprehensive plan.--
22 (1) Amendments to comprehensive plans adopted pursuant
23 to this part may be made not more than two times during any
24 calendar year, except:
25 (c) Any local government comprehensive plan amendments
26 directly related to proposed small scale development
27 activities may be approved without regard to statutory limits
28 on the frequency of consideration of amendments to the local
29 comprehensive plan. A small scale development amendment may be
30 adopted only under the following conditions:
31 1. The proposed amendment involves a use of 10 acres
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
1 or fewer and:
2 a. The cumulative annual effect of the acreage for all
3 small scale development amendments adopted by the local
4 government shall not exceed:
5 (I) A maximum of 120 acres in a local government that
6 contains areas specifically designated in the local
7 comprehensive plan for urban infill, urban redevelopment, or
8 downtown revitalization as defined in s. 163.3164, urban
9 infill and redevelopment areas designated under s. 163.2517,
10 areas designated by the Governor as rural areas of critical
11 economic concern under s. 288.0656(7), transportation
12 concurrency exception areas approved pursuant to s.
13 163.3180(5), or regional activity centers and urban central
14 business districts approved pursuant to s. 380.06(2)(e);
15 however, amendments under this paragraph may be applied to no
16 more than 60 acres annually of property outside the designated
17 areas listed in this sub-sub-subparagraph. Amendments adopted
18 pursuant to paragraph (k) shall not be counted toward the
19 acreage limitations for small scale amendments under this
20 paragraph.
21 (II) A maximum of 80 acres in a local government that
22 does not contain any of the designated areas set forth in
23 sub-sub-subparagraph (I).
24 (III) A maximum of 120 acres in a county established
25 pursuant to s. 9, Art. VIII of the State Constitution.
26 b. The proposed amendment does not involve the same
27 property granted a change within the prior 12 months.
28 c. The proposed amendment does not involve the same
29 owner's property within 200 feet of property granted a change
30 within the prior 12 months.
31 d. The proposed amendment does not involve a text
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
1 change to the goals, policies, and objectives of the local
2 government's comprehensive plan, but only proposes a land use
3 change to the future land use map for a site-specific small
4 scale development activity.
5 e. The property that is the subject of the proposed
6 amendment is not located within an area of critical state
7 concern, unless the project subject to the proposed amendment
8 involves the construction of affordable housing units meeting
9 the criteria of s. 420.0004(3), and is located within an area
10 of critical state concern designated by s. 380.0552 or by the
11 Administration Commission pursuant to s. 380.05(1). Such
12 amendment is not subject to the density limitations of
13 sub-subparagraph f., and shall be reviewed by the state land
14 planning agency for consistency with the principles for
15 guiding development applicable to the area of critical state
16 concern where the amendment is located and shall not become
17 effective until a final order is issued under s. 380.05(6).
18 f. If the proposed amendment involves a residential
19 land use, the residential land use has a density of 10 units
20 or less per acre, or the proposed future land use category
21 allows a maximum residential density of the same or less than
22 the maximum residential density allowable under the existing
23 future land use category, except that this limitation does not
24 apply to small scale amendments described in
25 sub-sub-subparagraph a.(I) that are designated in the local
26 comprehensive plan for urban infill, urban redevelopment, or
27 downtown revitalization as defined in s. 163.3164, urban
28 infill and redevelopment areas designated under s. 163.2517,
29 transportation concurrency exception areas approved pursuant
30 to s. 163.3180(5), or regional activity centers and urban
31 central business districts approved pursuant to s.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
1 380.06(2)(e).
2 2.a. A local government that proposes to consider a
3 plan amendment pursuant to this paragraph is not required to
4 comply with the procedures and public notice requirements of
5 s. 163.3184(15)(c) for such plan amendments if the local
6 government complies with the provisions in s. 125.66(4)(a) for
7 a county or in s. 166.041(3)(c) for a municipality. If a
8 request for a plan amendment under this paragraph is initiated
9 by other than the local government, public notice is required.
10 b. The local government shall send copies of the
11 notice and amendment to the state land planning agency, the
12 regional planning council, and any other person or entity
13 requesting a copy. This information shall also include a
14 statement identifying any property subject to the amendment
15 that is located within a coastal high hazard area as
16 identified in the local comprehensive plan.
17 3. Small scale development amendments adopted pursuant
18 to this paragraph require only one public hearing before the
19 governing board, which shall be an adoption hearing as
20 described in s. 163.3184(7), and are not subject to the
21 requirements of s. 163.3184(3)-(6) unless the local government
22 elects to have them subject to those requirements.
23 4. If the small scale development amendment involves a
24 site within an area that is designated by the Governor as a
25 rural area of critical economic concern under s. 288.0656(7),
26 for the duration of such designation, sub-subparagraph 1.c.
27 shall not apply and the 10-acre limit listed in subparagraph
28 1. shall be increased by 100 percent to 20 acres. The local
29 government approving the small scale plan amendment shall
30 certify to the Office of Tourism, Trade, and Economic
31 Development that the plan amendment furthers the economic
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
1 objectives set forth in the executive order issued under s.
2 288.0656(7), and the property subject to the plan amendment
3 shall undergo public review to ensure that all concurrency
4 requirements and federal, state, and local environmental
5 permit requirements are met.
6 (o) A comprehensive plan amendment that is submitted
7 by an area designated by the Governor as a rural area of
8 critical economic concern under s. 288.0656(7) and that meets
9 the economic development objectives may be approved without
10 regard to the statutory limits on the frequency of adoption of
11 amendments to the comprehensive plan.
12 Section 4. Subsections (10), (11), and (12) of section
13 163.3246, Florida Statutes, are renumbered as subsections
14 (12), (13), and (14), respectively, and new subsections (10)
15 and (11) are added to said section to read:
16 163.3246 Local government comprehensive planning
17 certification program.--
18 (10) Notwithstanding subsections (2), (4), (5), (6),
19 and (7), any municipality designated as a rural area of
20 critical economic concern pursuant to s. 288.0656 that is
21 located within a county eligible to levy the Small County
22 Surtax under s. 212.055(3) shall be considered certified
23 during the effectiveness of the designation of rural area of
24 critical economic concern. The state land planning agency
25 shall provide a written notice of certification to the local
26 government of the certified area, which shall be considered
27 final agency action subject to challenge under s. 120.569. The
28 notice of certification shall include the following
29 components:
30 (a) The boundary of the certification area.
31 (b) A requirement that the local government submit
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
1 either an annual or biennial monitoring report to the state
2 land planning agency according to the schedule provided in the
3 written notice. The monitoring report shall, at a minimum,
4 include the number of amendments to the comprehensive plan
5 adopted by the local government, the number of plan amendments
6 challenged by an affected person, and the disposition of those
7 challenges.
8 (11) If the local government of an area described in
9 subsection (10) does not request that the state land planning
10 agency review the developments of regional impact that are
11 proposed within the certified area, an application for
12 approval of a development order within the certified area
13 shall be exempt from review under s. 380.06, subject to the
14 following:
15 (a) Concurrent with filing an application for
16 development approval with the local government, a developer
17 proposing a project that would have been subject to review
18 pursuant to s. 380.06 shall notify in writing the regional
19 planning council with jurisdiction.
20 (b) The regional planning council shall coordinate
21 with the developer and the local government to ensure all
22 concurrency requirements as well as federal, state, and local
23 environmental permit requirements are met.
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25 (Redesignate subsequent sections.)
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 On page 1, lines 15 through 17, delete those lines
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for SB 1316
Barcode 914126
1 and insert:
2 s. 163.3187, F.S.; including areas designated
3 as rural areas of critical economic concern in
4 an exemption for certain small scale amendments
5 from a limit on the frequency of amendments to
6 the comprehensive plan of a county or a
7 municipality; increasing various acreage
8 limitations governing eligibility for such
9 exemption for a small scale amendment within
10 such an area; requiring certification of the
11 amendment to the Office of Tourism, Trade, and
12 Economic Development; requiring public review
13 of certain property; amending s. 163.3246,
14 F.S.; revising provisions for the local
15 government comprehensive planning certification
16 program; providing for certain municipalities
17 to be considered certified; requiring the state
18 land planning agency to provide a written
19 notice of certification; specifying components
20 of such notice; requiring local governments to
21 submit monitoring reports to the state land
22 planning agency; providing exemptions from
23 certain development-of-regional-impact reviews;
24 amending
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