Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 921614
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 95, line 5-23, delete those lines
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16 and insert:
17 (l) Any proposed development or redevelopment within
18 an area designated for:
19 1. Urban infill development as designated in the
20 comprehensive plan;
21 2. Urban redevelopment as designated in the
22 comprehensive plan;
23 3. Downtown revitalization as designated in the
24 comprehensive plan; or
25 4. Urban infill and redevelopment under s. 163.2517 as
26 designated in the comprehensive plan,
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28 is exempt from the provisions of this section. However, a
29 municipality with a population of 7,500 or fewer may adopt an
30 ordinance imposing a fee upon an applicant for purposes of
31 reimbursing the municipality for the reasonable costs that the
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 921614
1 municipality may incur in reviewing any project which is
2 exempt under this subparagraph. The municipality may use all
3 or part of this fee to employ professional expertise to ensure
4 that the impacts of such projects are properly evaluated.
5 Municipalities adopting such ordinances may not impose a fee
6 on a project in excess of its actual out-of-pocket reasonable
7 review costs. A copy of such ordinance shall be transmitted to
8 the state land planning agency and the applicable regional
9 planning council.
10 (m) Any proposed development within a rural land
11 stewardship area created pursuant to s. 163.3177(11)(d) is
12 exempt from the provisions of this section.
13 Section 21. Section 380.115, Florida Statutes, is
14 amended to read:
15 380.115 Vested rights and duties; effect of size
16 reduction; changes in guidelines and standards chs. 2002-20
17 and 2002-296.--
18 (1) A change in a development of regional impact
19 guideline or standard does not abridge or modify Nothing
20 contained in this act abridges or modifies any vested or
21 other right or any duty or obligation pursuant to any
22 development order or agreement that is applicable to a
23 development of regional impact on the effective date of this
24 act. A development that has received a
25 development-of-regional-impact development order pursuant to
26 s. 380.06, but would is no longer be required to undergo
27 development-of-regional-impact review by operation of a change
28 in the guidelines and standards or has reduced its size below
29 the thresholds in s. 380.0651 this act, shall be governed by
30 the following procedures:
31 (a) The development shall continue to be governed by
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 921614
1 the development-of-regional-impact development order and may
2 be completed in reliance upon and pursuant to the development
3 order unless the developer or landowner has followed the
4 procedures for rescission in paragraph (b). The
5 development-of-regional-impact development order may be
6 enforced by the local government as provided by ss. 380.06(17)
7 and 380.11.
8 (b) If requested by the developer or landowner, the
9 development-of-regional-impact development order shall may be
10 rescinded by the local government with jurisdiction upon a
11 showing by clear and convincing evidence that all required
12 mitigation relating to the amount of development existing on
13 the date of rescission has been completed abandoned pursuant
14 to the process in s. 380.06(26).
15 (2) A development with an application for development
16 approval pending, and determined sufficient pursuant to s.
17 380.06(10), on the effective date of a change to the
18 guidelines and standards this act, or a notification of
19 proposed change pending on the effective date of a change to
20 the guidelines and standards this act, may elect to continue
21 such review pursuant to s. 380.06. At the conclusion of the
22 pending review, including any appeals pursuant to s. 380.07,
23 the resulting development order shall be governed by the
24 provisions of subsection (1).
25 (3) A landowner that has filed an application for a
26 development of regional impact review prior to the adoption of
27 an optional sector plan pursuant to s. 163.3245 may elect to
28 have the application reviewed pursuant to s. 380.06,
29 comprehensive plan provisions in force prior to adoption of
30 the sector plan and any requested comprehensive plan
31 amendments that accompany the application.
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for SB 360
Barcode 921614
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2 (Redesignate subsequent sections.)
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5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 5, line 19, delete that line
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9 and insert:
10 380.06, F.S.; providing additional exemptions
11 from development of regional impact provisions
12 for certain projects in proposed developments
13 or redevelopments within an area designated in
14 a comprehensive plan and for proposed
15 developments within certain rural land
16 stewardship areas; authorizing certain
17 municipalities to adopt an ordinance imposing a
18 fee on certain applicants for certain purposes;
19 specifying fee uses; providing a limitation;
20 amending s. 380.115, F.S.; revising provisions
21 relating to preserving vested rights and duties
22 under development of regional impact guidelines
23 and standards; revising procedures and
24 requirements for governance and rescission of
25 development-of-regional-impact development
26 orders under changing guidelines and standards;
27 amending s.
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