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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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
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