Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 132
                        Barcode 442532
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 8/AD/2R          .                    
       05/02/2006 02:39 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 10, between lines 7 and 8,
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16  insert:  
17         Section 3.  Paragraph (c) of subsection (1) of section
18  163.3187, Florida Statutes, is amended to read:
19         163.3187  Amendment of adopted comprehensive plan.--
20         (1)  Amendments to comprehensive plans adopted pursuant
21  to this part may be made not more than two times during any
22  calendar year, except:
23         (c)  Any local government comprehensive plan amendments
24  directly related to proposed small scale development
25  activities may be approved without regard to statutory limits
26  on the frequency of consideration of amendments to the local
27  comprehensive plan. A small scale development amendment may be
28  adopted only under the following conditions:
29         1.  The proposed amendment involves a use of 10 acres
30  or fewer and:
31         a.  The cumulative annual effect of the acreage for all
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    3:04 PM   05/01/06                             s0132c2c-21-j04

Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 132 Barcode 442532 1 small scale development amendments adopted by the local 2 government shall not exceed: 3 (I) A maximum of 120 acres in a local government that 4 contains areas specifically designated in the local 5 comprehensive plan for urban infill, urban redevelopment, or 6 downtown revitalization as defined in s. 163.3164, urban 7 infill and redevelopment areas designated under s. 163.2517, 8 transportation concurrency exception areas approved pursuant 9 to s. 163.3180(5), or regional activity centers and urban 10 central business districts approved pursuant to s. 11 380.06(2)(e); however, amendments under this paragraph may be 12 applied to no more than 60 acres annually of property outside 13 the designated areas listed in this sub-sub-subparagraph. 14 Amendments adopted pursuant to paragraph (k) shall not be 15 counted toward the acreage limitations for small scale 16 amendments under this paragraph. 17 (II) A maximum of 80 acres in a local government that 18 does not contain any of the designated areas set forth in 19 sub-sub-subparagraph (I). 20 (III) A maximum of 120 acres in a county established 21 pursuant to s. 9, Art. VIII of the State Constitution. 22 b. The proposed amendment does not involve the same 23 property granted a change within the prior 12 months. 24 c. The proposed amendment does not involve the same 25 owner's property within 200 feet of property granted a change 26 within the prior 12 months. 27 d. The proposed amendment does not involve a text 28 change to the goals, policies, and objectives of the local 29 government's comprehensive plan, but only proposes a land use 30 change to the future land use map for a site-specific small 31 scale development activity. 2 3:04 PM 05/01/06 s0132c2c-21-j04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 132 Barcode 442532 1 e. The property that is the subject of the proposed 2 amendment is not located within an area of critical state 3 concern, unless the project subject to the proposed amendment 4 involves the construction of affordable housing units meeting 5 the criteria of s. 420.0004(3), and is located within an area 6 of critical state concern designated by s. 380.0552 or by the 7 Administration Commission pursuant to s. 380.05(1). Such 8 amendment is not subject to the density limitations of 9 sub-subparagraph f., and shall be reviewed by the state land 10 planning agency for consistency with the principles for 11 guiding development applicable to the area of critical state 12 concern where the amendment is located and shall not become 13 effective until a final order is issued under s. 380.05(6). 14 f. If the proposed amendment involves a residential 15 land use, the residential land use has a density of 10 units 16 or less per acre or the proposed future land use category 17 allows a maximum residential density of the same or less than 18 the maximum residential density allowable under the existing 19 future land use category, except that this limitation does not 20 apply to small scale amendments involving the construction of 21 affordable housing units meeting the criteria of s. 22 420.0004(3) on property which will be the subject of a land 23 use restriction agreement or extended use agreement recorded 24 in conjunction with the issuance of tax exempt bond financing 25 or an allocation of federal tax credits issued through the 26 Florida Housing Finance Corporation or a local housing finance 27 authority authorized by the Division of Bond Finance of the 28 State Board of Administration, or small scale amendments 29 described in sub-sub-subparagraph a.(I) that are designated in 30 the local comprehensive plan for urban infill, urban 31 redevelopment, or downtown revitalization as defined in s. 3 3:04 PM 05/01/06 s0132c2c-21-j04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 132 Barcode 442532 1 163.3164, urban infill and redevelopment areas designated 2 under s. 163.2517, transportation concurrency exception areas 3 approved pursuant to s. 163.3180(5), or regional activity 4 centers and urban central business districts approved pursuant 5 to s. 380.06(2)(e). 6 2.a. A local government that proposes to consider a 7 plan amendment pursuant to this paragraph is not required to 8 comply with the procedures and public notice requirements of 9 s. 163.3184(15)(c) for such plan amendments if the local 10 government complies with the provisions in s. 125.66(4)(a) for 11 a county or in s. 166.041(3)(c) for a municipality. If a 12 request for a plan amendment under this paragraph is initiated 13 by other than the local government, public notice is required. 14 b. The local government shall send copies of the 15 notice and amendment to the state land planning agency, the 16 regional planning council, and any other person or entity 17 requesting a copy. This information shall also include a 18 statement identifying any property subject to the amendment 19 that is located within a coastal high-hazard area as 20 identified in the local comprehensive plan. 21 3. Small scale development amendments adopted pursuant 22 to this paragraph require only one public hearing before the 23 governing board, which shall be an adoption hearing as 24 described in s. 163.3184(7), and are not subject to the 25 requirements of s. 163.3184(3)-(6) unless the local government 26 elects to have them subject to those requirements. 27 4. If the small scale development amendment involves a 28 site within an area that is designated by the Governor as a 29 rural area of critical economic concern under s. 288.0656(7) 30 for the duration of such designation, the 10-acre limit listed 31 in subparagraph 1. shall be increased by 100 percent to 20 4 3:04 PM 05/01/06 s0132c2c-21-j04
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 132 Barcode 442532 1 acres. The local government approving the small scale plan 2 amendment shall certify to the Office of Tourism, Trade, and 3 Economic Development that the plan amendment furthers the 4 economic objectives set forth in the executive order issued 5 under s. 288.0656(7), and the property subject to the plan 6 amendment shall undergo public review to ensure that all 7 concurrency requirements and federal, state, and local 8 environmental permit requirements are met. 9 10 (Redesignate subsequent sections.) 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 1, line 24, after the semicolon, 16 17 insert: 18 amending s. 163.3187, F.S.; revising a 19 limitation relating to small scale 20 comprehensive plan amendments involving the 21 construction of affordable housing units; 22 23 24 25 26 27 28 29 30 31 5 3:04 PM 05/01/06 s0132c2c-21-j04