Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 051328
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 129, between lines 23 and 24,
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16 insert:
17 Section 29. Paragraph (b) of subsection (1) of section
18 163.3174, Florida Statutes, is amended to read:
19 163.3174 Local planning agency.--
20 (1) The governing body of each local government,
21 individually or in combination as provided in s. 163.3171,
22 shall designate and by ordinance establish a "local planning
23 agency," unless the agency is otherwise established by law.
24 Notwithstanding any special act to the contrary, all local
25 planning agencies or equivalent agencies that first review
26 rezoning and comprehensive plan amendments in each
27 municipality and county shall include a representative of the
28 school district appointed by the school board as a nonvoting
29 member of the local planning agency or equivalent agency to
30 attend those meetings at which the agency considers
31 comprehensive plan amendments and rezonings that would, if
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4:55 PM 05/04/05 s0360e1c-21-29z
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 051328
1 approved, increase residential density on the property that is
2 the subject of the application. However, this subsection does
3 not prevent the governing body of the local government from
4 granting voting status to the school board member. The
5 governing body may designate itself as the local planning
6 agency pursuant to this subsection with the addition of a
7 nonvoting school board representative. The governing body
8 shall notify the state land planning agency of the
9 establishment of its local planning agency. All local planning
10 agencies shall provide opportunities for involvement by
11 applicable community college boards, which may be accomplished
12 by formal representation, membership on technical advisory
13 committees, or other appropriate means. The local planning
14 agency shall prepare the comprehensive plan or plan amendment
15 after hearings to be held after public notice and shall make
16 recommendations to the governing body regarding the adoption
17 or amendment of the plan. The agency may be a local planning
18 commission, the planning department of the local government,
19 or other instrumentality, including a countywide planning
20 entity established by special act or a council of local
21 government officials created pursuant to s. 163.02, provided
22 the composition of the council is fairly representative of all
23 the governing bodies in the county or planning area; however:
24 (b) In the case of chartered counties, the planning
25 responsibility between the county and the several
26 municipalities therein shall be as stipulated in the charter.
27 A municipality, located in a county that adopts a charter form
28 of government on or after July 1, 2005, shall have the option
29 to exercise exclusive land use planning authority. The
30 exercise of this option shall require the municipality to
31 adopt a resolution approving the exercise of exclusive land
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4:55 PM 05/04/05 s0360e1c-21-29z
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360, 1st Eng.
Barcode 051328
1 use planning authority. Exclusive land use planning authority
2 includes platting, zoning, the adoption of comprehensive plan
3 amendments in accordance with this chapter, and the issuance
4 of development orders for the area under municipal
5 jurisdiction.
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7 (Redesignate subsequent sections.)
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10 ================ T I T L E A M E N D M E N T ===============
11 And the title is amended as follows:
12 On page 6, line 10, after the semicolon
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14 insert:
15 amending s. 163.3174, F.S.; allowing
16 municipalities in charter counties the option
17 to exercise exclusive land use planning
18 authority under certain circumstances;
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