Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2490
Barcode 864862
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Community Affairs (Clary) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Paragraph (c) of subsection (1) of section
19 163.3187, Florida Statutes, is amended and a new paragraph (o)
20 is added to that 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
1
8:16 AM 04/04/05 s2490d-ca04-t01
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2490
Barcode 864862
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 a rural area 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
2
8:16 AM 04/04/05 s2490d-ca04-t01
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2490
Barcode 864862
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, except that this limitation does not apply
21 to small scale amendments described in sub-sub-subparagraph
22 a.(I) that are designated in the local comprehensive plan for
23 urban infill, urban redevelopment, or downtown revitalization
24 as defined in s. 163.3164, urban infill and redevelopment
25 areas designated under s. 163.2517, transportation concurrency
26 exception areas approved pursuant to s. 163.3180(5), or
27 regional activity centers and urban central business districts
28 approved pursuant to s. 380.06(2)(e).
29 2.a. A local government that proposes to consider a
30 plan amendment pursuant to this paragraph is not required to
31 comply with the procedures and public notice requirements of
3
8:16 AM 04/04/05 s2490d-ca04-t01
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2490
Barcode 864862
1 s. 163.3184(15)(c) for such plan amendments if the local
2 government complies with the provisions in s. 125.66(4)(a) for
3 a county or in s. 166.041(3)(c) for a municipality. If a
4 request for a plan amendment under this paragraph is initiated
5 by other than the local government, public notice is required.
6 b. The local government shall send copies of the
7 notice and amendment to the state land planning agency, the
8 regional planning council, and any other person or entity
9 requesting a copy. This information shall also include a
10 statement identifying any property subject to the amendment
11 that is located within a coastal high hazard area as
12 identified in the local comprehensive plan.
13 3. Small scale development amendments adopted pursuant
14 to this paragraph require only one public hearing before the
15 governing board, which shall be an adoption hearing as
16 described in s. 163.3184(7), and are not subject to the
17 requirements of s. 163.3184(3)-(6) unless the local government
18 elects to have them subject to those requirements.
19 4. If the small scale plan amendment involves a site
20 within an area that is designated by the Governor as a rural
21 area of critical concern under s. 288.0656(7), for the
22 duration of the designation, sub-subparagraph 1.c. does not
23 apply and the 10-acre limit in subparagraph 1. shall be
24 increased by 150 percent to 25 acres.
25 (o) A comprehensive plan amendment that is submitted
26 by an area designated by the Governor as a rural area of
27 critical economic concern under s. 288.0656(7) and that meets
28 economic development objectives may be approved without regard
29 to the statutory limits on the frequency of adoption of
30 amendments to the comprehensive plan.
31 Section 2. This act shall take effect July 1, 2005.
4
8:16 AM 04/04/05 s2490d-ca04-t01
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 2490
Barcode 864862
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
4
5 and insert:
6 A bill to be entitled
7 An act relating to small scale comprehensive
8 plan amendments in an area designated as a
9 rural area of critical economic concern;
10 amending s. 163.3187, F.S.; including an area
11 that is designated as a rural area of critical
12 economic concern in an exemption for certain
13 small scale amendments from a limit on the
14 frequency of amendments to the comprehensive
15 plan of a county or a municipality; increasing
16 various acreage limitations governing
17 eligibility for such exemption for a small
18 scale amendment within such an area;
19 authorizing a small scale amendment for
20 property within such an area which involves a
21 site that is near to, and owned by the same
22 person as, property that was the subject of a
23 recent comprehensive plan amendment; providing
24 an effective date.
25
26
27
28
29
30
31
5
8:16 AM 04/04/05 s2490d-ca04-t01