Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1020
Barcode 102280
CHAMBER ACTION
Senate House
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05/03/2006 02:54 PM .
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11 Senator Bennett moved the following amendment to amendment
12 (352586):
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14 Senate Amendment (with title amendment)
15 On page 40, between lines 13 and 14,
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17 insert:
18 (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL
19 IMPACT.--(a) There is hereby established a process to abandon
20 a development of regional impact and its associated
21 development orders. A development of regional impact and its
22 associated development orders may be proposed to be abandoned
23 by the owner or developer. The local government in which the
24 development of regional impact is located also may propose to
25 abandon the development of regional impact, provided that the
26 local government gives individual written notice to each
27 development-of-regional-impact owner and developer of record,
28 and provided that no such owner or developer objects in
29 writing to the local government prior to or at the public
30 hearing pertaining to abandonment of the development of
31 regional impact. The state land planning agency is authorized
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4:50 PM 05/02/06 s1020c2c-21-t01
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1020
Barcode 102280
1 to promulgate rules that shall include, but not be limited to,
2 criteria for determining whether to grant, grant with
3 conditions, or deny a proposal to abandon, and provisions to
4 ensure that the developer satisfies all applicable conditions
5 of the development order and adequately mitigates for the
6 impacts of the development. If there is no existing
7 development within the development of regional impact at the
8 time of abandonment and no development within the development
9 of regional impact is proposed by the owner or developer after
10 such abandonment, an abandonment order shall not require the
11 owner or developer to contribute any land, funds, or public
12 facilities as a condition of such abandonment order. The rules
13 shall also provide a procedure for filing notice of the
14 abandonment pursuant to s. 28.222 with the clerk of the
15 circuit court for each county in which the development of
16 regional impact is located. Any decision by a local government
17 concerning the abandonment of a development of regional impact
18 shall be subject to an appeal pursuant to s. 380.07. The
19 issues in any such appeal shall be confined to whether the
20 provisions of this subsection or any rules promulgated
21 thereunder have been satisfied.
22 (b) Upon receipt of written confirmation from the
23 state land planning agency that any required mitigation
24 applicable to completed development has occurred, an
25 industrial development of regional impact located within the
26 coastal high-hazard area of a rural county of economic concern
27 which was approved prior to the adoption of the local
28 government's comprehensive plan required under s. 163.3167 and
29 which plan's future land use map and zoning designates the
30 land use for the development of regional impact as commercial
31 may be unilaterally abandoned without the need to proceed
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4:50 PM 05/02/06 s1020c2c-21-t01
Florida Senate - 2006 SENATOR AMENDMENT
Bill No. CS for CS for SB 1020
Barcode 102280
1 through the process described in paragraph (a) if the
2 developer or owner provides a notice of abandonment to the
3 local government and records such notice with the applicable
4 clerk of court. Abandonment shall be deemed to have occurred
5 upon the recording of the notice. All development following
6 abandonment shall be fully consistent with the current
7 comprehensive plan and applicable zoning.
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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 52, line 28, after the semicolon,
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14 insert:
15 revising provisions for the abandonment of
16 developments of regional impact; providing an
17 exemption from such provisions for certain
18 developments of regional impact;
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