| 1 | A bill to be entitled |
| 2 | An act relating to development orders; creating s. |
| 3 | 288.1075, F.S.; defining the term "development order"; |
| 4 | providing for certain public notice by the applicant for a |
| 5 | development order that could pose a significant health |
| 6 | risk to the public; providing for certain public notice |
| 7 | and authorizing public workshops when the proposed |
| 8 | development could cause heightened public concern or the |
| 9 | regulatory body expects its approval of the development |
| 10 | order to result in an appeal; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 288.1075, Florida Statutes, is created |
| 15 | to read: |
| 16 | 288.1075 Development orders; public notice.-- |
| 17 | (1) For purposes of this section, the term "development |
| 18 | order" means any order granting, denying, or granting with |
| 19 | conditions an application for a building permit, zoning permit, |
| 20 | subdivision approval, rezoning, certification, special |
| 21 | exception, variance, or any other official action of a county |
| 22 | having the effect of permitting the development of land. |
| 23 | (2) In addition to any existing provision requiring public |
| 24 | notice or publication, an applicant for a development order to |
| 25 | locate a business that may pose a significant health risk to |
| 26 | residents of the county or municipality shall provide notice of |
| 27 | the potential significant health risk. |
| 28 | (3) The notice shall include posting a sign in a |
| 29 | conspicuous place upon the proposed development site that shall |
| 30 | be no smaller than 30 inches by 48 inches and shall be legible |
| 31 | from the nearest road as defined in s. 320.01. The applicant |
| 32 | shall provide and erect the sign at his or her expense no later |
| 33 | than 30 calendar days after submittal of an application to the |
| 34 | county or municipality for a development order. The sign shall |
| 35 | remain posted on the proposed development site for no less than |
| 36 | 30 calendar days after its posting and shall be removed by the |
| 37 | applicant no later than 30 calendar days after issuance of the |
| 38 | development order. The posted sign shall include the following: |
| 39 | (a) The location of the proposed development site. |
| 40 | (b) The type of development order requested. |
| 41 | (c) Instructions for the means by which the public can |
| 42 | obtain additional information from the regulatory body regarding |
| 43 | the proposed development. |
| 44 | (4) For those proposed developments that, because of their |
| 45 | size, potential negative impact on the public health, |
| 46 | controversial nature, or location, are reasonably expected by |
| 47 | the regulatory body to result in a heightened public concern or |
| 48 | the likelihood of a request for an appeal of the county's or |
| 49 | municipality's decision to allow the proposed development: |
| 50 | (a) The applicant shall provide written notice at his or |
| 51 | her expense to the adjoining property owners and written notice |
| 52 | to all neighborhood associations or homeowners' associations |
| 53 | whose boundaries lie within 1 contiguous mile of the proposed |
| 54 | development site. The applicant shall retain proof of |
| 55 | transmittals of all of the written notices. |
| 56 | (b) The applicant shall include in the notice the location |
| 57 | of the proposed development site, a description of the proposed |
| 58 | development order, and the means by which the public can obtain |
| 59 | additional information from the county or municipality regarding |
| 60 | the proposed development. |
| 61 | (c) The applicant shall post a sign on the proposed |
| 62 | development site that shall be no smaller than 30 inches by 48 |
| 63 | inches and that is legible from the nearest road, as defined in |
| 64 | s. 320.01. The applicant at his or her expense shall provide and |
| 65 | erect the sign no later than 20 calendar days after the county |
| 66 | or municipality provides written notice to the applicant that |
| 67 | the potential exists for heightened concern or appeal. The sign |
| 68 | shall remain posted on the proposed development site for no less |
| 69 | than 30 calendar days after issuance of the development order. |
| 70 | (d) The county or municipality may conduct a public |
| 71 | workshop upon request by a member of the public prior to the |
| 72 | issuance of a development order under this subsection. The |
| 73 | public workshop shall be held no less than 10 calendar days |
| 74 | prior to issuance of a development order. The applicant at his |
| 75 | or her expense shall provide for the date, time, and location of |
| 76 | the public workshop to be published in a newspaper of general |
| 77 | circulation within the affected area no less than 14 calendar |
| 78 | days prior to the date of the public workshop. The notice must |
| 79 | include information on how adversely affected parties may file |
| 80 | an appeal or request a hearing by the county or municipality. |
| 81 | Section 2. This act shall take effect July 1, 2006. |