Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1608
                        Barcode 281366
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/26/2006 02:25 PM         .                    
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11  The Committee on Judiciary (Baker) recommended the following
12  substitute for amendment (391588):
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 163.3172, Florida Statutes, is
19  created to read:
20         163.3172  Land use governance in charter counties.--
21         (1)(a)  In a county charter established on or after
22  July 1, 2006, any charter provision that governs the use,
23  development, or redevelopment of land is not effective within
24  the boundaries of, and will not apply to, any municipality in
25  the county unless:
26         1.  The charter provision that governs the use,
27  development, or redevelopment of land is presented as a
28  separate ballot question; or
29         2.  The county charter coordinates the use,
30  development, or redevelopment of land through a separate land
31  use council comprised of county and municipal elected
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    8:38 PM   04/25/06                             s1608d-ju20-c2r

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1608 Barcode 281366 1 officials and other residents of the county and the 2 municipalities appointed by each respective governing body. At 3 least one member of the council must be an elected member of 4 the county school board. 5 (b)1. The land use council must include one county 6 commissioner, one elected municipal official appointed by each 7 county commissioner from his or her district, one resident 8 appointed by each county commissioner from his or her 9 district, and one elected member of the county school board 10 who is appointed by the school board. 11 2. The charter provision establishing the land use 12 council must provide a conflict resolution procedure for 13 resolving land use disputes arising from the separate actions 14 taken by local governments within the county. 15 3. The charter provision must also address terms of 16 office of members; filling of vacancies; and powers and 17 functions of the council, including reviewing land use plans 18 for conformity with the county land use plan, providing 19 technical assistance to local governments within the county, 20 and adopting rules and regulations covering certification, 21 appeals, and amendments to the county land use plan. 22 (2) In charter counties created on or after July 1, 23 2006, the electors may petition for a land use governance 24 review commission to be established. 25 (a) Within 30 days after the submission of a petition 26 to the governing body of a charter county, signed by at least 27 15 percent of the qualified electors of the county, requesting 28 that a land use governance review commission be established, a 29 land use governance review commission shall be appointed. 30 (b) The land use governance review commission shall be 31 comprised of no fewer than 11 members or more than 15 members. 2 8:38 PM 04/25/06 s1608d-ju20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1608 Barcode 281366 1 The members shall be appointed by the governing body of the 2 county or, if so directed in the initiative petition, by the 3 legislative delegation. A member of the Legislature or 4 governing body of the county may not be a member of the 5 commission. Vacancies shall be filled within 30 days in the 6 same manner as the original appointments. 7 (c) The commission shall conduct a study of the use, 8 development, or redevelopment of land within the county. 9 Within 18 months after its initial meeting, unless the time is 10 extended by resolution of the governing body of the county, 11 the commission may propose a charter amendment relating to the 12 use, development, or redevelopment of land, notwithstanding 13 any law to the contrary. Before the commission proposes a 14 charter amendment, it must hold three public hearings at 15 intervals of not less than 10 days or more than 20 days. At 16 the final hearing, the commission shall incorporate any 17 revisions it deems desirable, shall vote upon any proposed 18 charter amendment, and shall forward it to the governing body 19 of the county for it to hold a referendum election. 20 (d) Upon receipt of the charter amendment by the 21 governing body of the county from the commission, the 22 governing body shall call a special election to be held not 23 more than 90 days or less than 45 days after receipt of the 24 proposed charter amendment, at which special election a 25 referendum of the qualified electors in the county shall be 26 held to determine whether the proposed amendment shall be 27 adopted. Notice of the election on the proposed charter 28 amendment shall be published in a newspaper of general 29 circulation in the county not less than 30 days nor more than 30 45 days before the election. 31 (e) If a majority of those voting on the question 3 8:38 PM 04/25/06 s1608d-ju20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1608 Barcode 281366 1 favor the adoption of the charter amendment, it shall become 2 effective on January 1, of the succeeding year or at such 3 other time as the amendment provides. The charter amendment 4 may be amended only by the electors of the county. 5 (f) If a majority of the voters do not approve the 6 proposed charter amendment, a new referendum may not be held 7 for 2 years after the date of such disapproval. 8 (g) This subsection is not effective in a county that 9 adopted a charter prior to July 1, 2006. 10 (3) This section does not apply to any county as 11 defined in s. 125.011(1). 12 Section 2. This act shall take effect July 1, 2006. 13 14 15 ================ T I T L E A M E N D M E N T =============== 16 And the title is amended as follows: 17 Delete everything before the enacting clause 18 19 and insert: 20 A bill to be entitled 21 An act relating to land use regulation; 22 creating s. 163.3172, F.S.; providing 23 requirements for certain county charters that 24 regulate the use of land; establishing 25 requirements for county charters that establish 26 land use councils; providing for the creation 27 of land use governance review commissions in 28 charter counties created after July 1, 2006; 29 providing membership requirements and powers 30 and duties; requiring a study; providing 31 requirements for certain charter amendments; 4 8:38 PM 04/25/06 s1608d-ju20-c2r
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1608 Barcode 281366 1 providing for application; providing an 2 effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 8:38 PM 04/25/06 s1608d-ju20-c2r