| 1 | Representative Kendrick offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Between lines 1253 and 1254 insert: |
| 5 | (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.-- |
| 6 | (a) There is hereby established a process to abandon a |
| 7 | development of regional impact and its associated development |
| 8 | orders. A development of regional impact and its associated |
| 9 | development orders may be proposed to be abandoned by the owner |
| 10 | or developer. The local government in which the development of |
| 11 | regional impact is located also may propose to abandon the |
| 12 | development of regional impact, provided that the local |
| 13 | government gives individual written notice to each development- |
| 14 | of-regional-impact owner and developer of record, and provided |
| 15 | that no such owner or developer objects in writing to the local |
| 16 | government prior to or at the public hearing pertaining to |
| 17 | abandonment of the development of regional impact. The state |
| 18 | land planning agency is authorized to promulgate rules that |
| 19 | shall include, but not be limited to, criteria for determining |
| 20 | whether to grant, grant with conditions, or deny a proposal to |
| 21 | abandon, and provisions to ensure that the developer satisfies |
| 22 | all applicable conditions of the development order and |
| 23 | adequately mitigates for the impacts of the development. If |
| 24 | there is no existing development within the development of |
| 25 | regional impact at the time of abandonment and no development |
| 26 | within the development of regional impact is proposed by the |
| 27 | owner or developer after such abandonment, an abandonment order |
| 28 | shall not require the owner or developer to contribute any land, |
| 29 | funds, or public facilities as a condition of such abandonment |
| 30 | order. The rules shall also provide a procedure for filing |
| 31 | notice of the abandonment pursuant to s. 28.222 with the clerk |
| 32 | of the circuit court for each county in which the development of |
| 33 | regional impact is located. Any decision by a local government |
| 34 | concerning the abandonment of a development of regional impact |
| 35 | shall be subject to an appeal pursuant to s. 380.07. The issues |
| 36 | in any such appeal shall be confined to whether the provisions |
| 37 | of this subsection or any rules promulgated thereunder have been |
| 38 | satisfied. |
| 39 | (b) Upon receipt of written confirmation from the state |
| 40 | land planning agency that any required mitigation applicable to |
| 41 | completed development has occurred, an industrial development of |
| 42 | regional impact located within the coastal high-hazard area of a |
| 43 | rural county of economic concern which was approved prior to the |
| 44 | adoption of the local government's comprehensive plan required |
| 45 | under s. 163.3167 and which plan's future land use map and |
| 46 | zoning designates the land use for the development of regional |
| 47 | impact as commercial may be unilaterally abandoned without the |
| 48 | need to proceed through the process described in paragraph (a) |
| 49 | if the developer or owner provides a notice of abandonment to |
| 50 | the local government and records such notice with the applicable |
| 51 | clerk of court. Abandonment shall be deemed to have occurred |
| 52 | upon the recording of the notice. All development following |
| 53 | abandonment shall be fully consistent with the current |
| 54 | comprehensive plan and applicable zoning. |
| 55 |
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| 56 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 57 | Remove line 456 and insert: |
| 58 | and (i) of subsection (4), and subsections (15), (19), (24), and |
| 59 | (26) |
| 60 |
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| 61 | ======= T I T L E A M E N D M E N T ======= |
| 62 | Remove line 55 and insert: |
| 63 | certain projects; revising provisions for the abandonment |
| 64 | of developments of regional impact; providing an exemption |
| 65 | from such provisions for certain developments of regional |
| 66 | impact; providing requirements for developments following |
| 67 | abandonment; amending s. 380.0651, F.S.; revising the |