Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1880
                        Barcode 634524
                            CHAMBER ACTION
              Senate                               House
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       03/21/2006 05:06 PM         .                    
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11  The Committee on Agriculture (Argenziano) recommended the
12  following amendment:
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14         Senate Amendment 
15         On page 5, line 24, through
16            page 7, line 26 delete those lines
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18  and insert:  
19         (5)  AMENDMENT TO LOCAL GOVERNMENT COMPREHENSIVE
20  PLAN.--The owner of a parcel of land defined as an
21  agricultural enclave under s. 163.3164(33) may apply for an
22  amendment to the local government comprehensive plan pursuant
23  to s. 163.3187. Such amendment is not subject to rule
24  9J-5.006(5), Florida Administrative Code, and may include land
25  uses and intensities of use that are consistent with the uses
26  and intensities of use of the industrial, commercial, or
27  residential areas that surround the parcel.
28         (a)  The local government and the owner of a parcel of
29  land that is the subject of an application for an amendment
30  under this subsection shall have 180 days following the date
31  that the local government receives an application to negotiate
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    2:53 PM   03/16/06                             s1880b-ag03-tx9

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1880 Barcode 634524 1 in good faith to reach consensus on the land uses and 2 intensities of use that are consistent with the uses and 3 intensities of use of the industrial, commercial, or 4 residential areas that surround the parcel. Within 30 days 5 after the local government's receipt of the application, the 6 local government and owner must agree in writing to a schedule 7 for information submittal, public hearings, negotiations, and 8 final action on the amendment, which schedule may thereafter 9 be altered only with the written consent of the local 10 government and the owner. Compliance with the schedule in the 11 written agreement constitutes good-faith negotiations for 12 purposes of paragraph (c). 13 (b) Upon conclusion of good-faith negotiations under 14 paragraph (a), regardless of whether the local government and 15 owner reach consensus on the land uses and intensities of use 16 that are consistent with the uses and intensities of use of 17 the industrial, commercial, or residential areas that surround 18 the parcel, the amendment must be transmitted to the state 19 land planning agency for review pursuant to s. 163.3184. If 20 the local government fails to transmit the amendment within 21 180 days after receipt of an application, the amendment must 22 be immediately transferred to the state land planning agency 23 for such review at the first available transmittal cycle. The 24 state land planning agency may not use any provision of rule 25 9J-5.006(5), Florida Administrative Code, as a factor in 26 determining compliance of an amendment under this paragraph. 27 (c) If the owner fails to negotiate in good faith, 28 rule 9J-5.006(5), Florida Administrative Code, shall apply 29 throughout the negotiation and amendment process under this 30 paragraph. 31 (d) Nothing within this subsection relating to 2 2:53 PM 03/16/06 s1880b-ag03-tx9