Senate Bill sb1066

    Florida Senate - 2006                                  SB 1066

    By Senator Miller





    18-321-06

  1                      A bill to be entitled

  2         An act relating to public notice and hearing

  3         regarding commercial development; creating s.

  4         288.1075, F.S.; requiring a county or

  5         municipality to conduct a public hearing

  6         regarding a proposed commercial development

  7         that has the potential to emit harmful or

  8         noxious odors or pollutants; providing for

  9         notice of the hearing; defining the term

10         "residential area" for purposes of the act;

11         providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 288.1075, Florida Statutes, is

16  created to read:

17         Section 288.1075  Public notice requirements for

18  certain commercial developments.--When a commercial,

19  manufacturing, or industrial business that has the potential

20  to emit harmful or noxious odors or pollutants or to otherwise

21  create unhealthful or unpleasant living conditions in the

22  surrounding community proposes to locate within 3 miles of a

23  residential area, each county or municipality having

24  jurisdiction over the proposed location must conduct a public

25  hearing on the potential effect of the proposed commercial,

26  manufacturing, or industrial business on the health of persons

27  who live or work in the surrounding community.  A county and

28  municipality that share jurisdiction may conduct separate

29  hearings or jointly conduct a single hearing. At least 15 days

30  before the hearing, the county or municipality conducting the

31  hearing shall mail a notice of the hearing to each local media

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                  SB 1066
    18-321-06




 1  outlet and to each person who owns property, owns or operates

 2  a business, or resides within a 3-mile radius of the proposed

 3  business, and shall publish a notice of the hearing in a

 4  newspaper of general circulation serving the area within that

 5  radius.  As used in this section the term "residential area"

 6  means the area designated for residential use under the future

 7  land use map of the comprehensive plan or the land use

 8  development regulations adopted by the county or municipality

 9  pursuant to chapter 163.

10         Section 2.  This act shall take effect July 1, 2006.

11  

12            *****************************************

13                          SENATE SUMMARY

14    Requires a county or municipality to conduct a public
      hearing regarding a proposed commercial development
15    having the potential to emit harmful or noxious
      pollutants.  Provides for notice of the hearing.
16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.