Senate Bill sb1066c1

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    Florida Senate - 2006                           CS for SB 1066

    By the Committee on Community Affairs; and Senator Miller





    578-2165-06

  1                      A bill to be entitled

  2         An act relating to development orders; creating

  3         s. 288.1075, F.S.; defining the term

  4         "development order"; providing for certain

  5         public notice by the applicant for a

  6         development order that could pose a significant

  7         health risk to the public; providing for

  8         certain public notice and authorizing public

  9         workshops when the proposed development could

10         cause heightened public concern or the

11         regulatory body expects its approval of the

12         development order to result in an appeal;

13         providing an effective date.

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

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17         Section 1.  Section 288.1075, Florida Statutes, is

18  created to read:

19         288.1075  Development orders; public notice.--

20         (1)  For purposes of this section, the term

21  "development order" means any order granting, denying, or

22  granting with conditions an application for a building permit,

23  zoning permit, subdivision approval, rezoning, certification,

24  special exception, variance, or any other official action of a

25  county having the effect of permitting the development of

26  land.

27         (2)  In addition to any existing provision requiring

28  public notice or publication, an applicant for a development

29  order to locate a business that may pose a significant health

30  risk to residents of the county or municipality shall provide

31  notice of the potential significant health risk.

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    Florida Senate - 2006                           CS for SB 1066
    578-2165-06




 1         (3)  The notice shall include posting a sign in a

 2  conspicuous place upon the proposed development site that

 3  shall be no smaller than 30 inches by 48 inches and shall be

 4  legible from the nearest road as defined in s. 320.01. The

 5  applicant shall provide and erect the sign at his or her

 6  expense no later than 30 calendar days after submittal of an

 7  application to the county or municipality for a development

 8  order. The sign shall remain posted on the proposed

 9  development site for no less than 30 calendar days after its

10  posting and shall be removed by the applicant no later than 30

11  calendar days after issuance of the development order. The

12  posted sign shall include the following:

13         (a)  The location of the proposed development site.

14         (b)  The type of development order requested.

15         (c)  Instructions for the means by which the public can

16  obtain additional information from the regulatory body

17  regarding the proposed development.

18         (4)  For those proposed developments that, because of

19  their size, potential negative impact on the public health,

20  controversial nature, or location, are reasonably expected by

21  the regulatory body to result in a heightened public concern

22  or the likelihood of a request for an appeal of the county's

23  or municipality's decision to allow the proposed development:

24         (a)  The applicant shall provide written notice at his

25  or her expense to the adjoining property owners and written

26  notice to all neighborhood associations or homeowners'

27  associations whose boundaries lie within 1 contiguous mile of

28  the proposed development site. The applicant shall retain

29  proof of transmittals of all of the written notices.

30         (b)  The applicant shall include in the notice the

31  location of the proposed development site, a description of

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    Florida Senate - 2006                           CS for SB 1066
    578-2165-06




 1  the proposed development order, and the means by which the

 2  public can obtain additional information from the county or

 3  municipality regarding the proposed development.

 4         (c)  The applicant shall post a sign on the proposed

 5  development site that shall be no smaller than 30 inches by 48

 6  inches and that is legible from the nearest road, as defined

 7  in s. 320.01. The applicant at his or her expense shall

 8  provide and erect the sign no later than 20 calendar days

 9  after the county or municipality provides written notice to

10  the applicant that the potential exists for heightened concern

11  or appeal. The sign shall remain posted on the proposed

12  development site for no less than 30 calendar days after

13  issuance of the development order.

14         (d)  The county or municipality may conduct a public

15  workshop upon request by a member of the public before the

16  issuance of a development order under this subsection. The

17  public workshop shall be held no less than 10 calendar days

18  before issuance of a development order. The applicant at his

19  or her expense shall provide for the date, time, and location

20  of the public workshop to be published in a newspaper of

21  general circulation within the affected area no less than 14

22  calendar days prior to the date of the public workshop. The

23  notice must include information on how adversely affected

24  parties may file an appeal or request a hearing by the county

25  or municipality.

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

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    Florida Senate - 2006                           CS for SB 1066
    578-2165-06




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1066

 3                                 

 4  This committee substitute (CS) requires additional public
    notice for businesses locating near a residential area that
 5  may pose a significant health risk to those residents. It
    requires an applicant for a development order to locate a
 6  business that may pose significant health risks to post a sign
    of a certain size in a conspicuous place on the proposed
 7  development site within a specified time frame.

 8  The CS also requires an applicant to comply with additional
    notice provisions if the local government reasonably expects
 9  the proposed development may result in a heightened public
    concern or appeal of the development order. These additional
10  provisions include providing written notice to adjoining
    property owners and all neighborhood associations or
11  homeowners' associations within one contiguous mile of the
    proposed development site. If the member of the public request
12  a workshop before the issuance of the development order, the
    applicant for the development order must pay the cost of the
13  publication of the notice of the workshop.

14  This CS deletes language requiring a local government to hold
    a public hearing when certain types of commerical,
15  manufacturing, or industrial businesses proposing to locate
    within 3 miles of a residential area. It also deletes language
16  that requires a local government to send written notice of the
    public hearing to each local media outlet, property owner, and
17  resident within a 3-mile radius.

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