Senate Bill sb2028

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    Florida Senate - 2007                                  SB 2028

    By Senator Bennett





    21-913-07

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 163.3184, F.S.; providing for a referendum

  4         on a local government comprehensive plan or

  5         plan amendment in certain circumstances;

  6         providing for notice concerning such a

  7         referendum; providing exceptions; amending ss.

  8         288.975 and 1013.30, F.S., relating to military

  9         base reuse plans and university campus draft

10         master plans; conforming provisions to changes

11         made by the act; providing an effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Paragraph (f) is added to subsection (15)

16  of section 163.3184, Florida Statutes, to read:

17         163.3184  Process for adoption of comprehensive plan or

18  plan amendment.--

19         (15)  PUBLIC HEARINGS.--

20         (f)1.  If, within 60 days after transmittal or adoption

21  of a proposed plan or amendment, the governing body of a local

22  government is presented with a petition signed by 25 percent

23  or more of the local government's registered voters requesting

24  a referendum on whether the proposed plan or amendment should

25  become effective, the local government shall conduct a

26  referendum on the question. However, a small-scale amendment

27  that takes effect pursuant to s. 163.3187(3) or an amendment

28  adopted as part of the evaluation and appraisal report process

29  under s. 163.3191 may not be the subject of such a referendum.

30         2.  Notwithstanding any other law, a proposed plan or

31  amendment that is the subject of such a referendum takes

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    Florida Senate - 2007                                  SB 2028
    21-913-07




 1  effect only upon the approval of a majority of the local

 2  government's registered voters. The referendum shall be held

 3  no later than 60 days after receipt of the petition by the

 4  governing body. Notice of the referendum shall be provided in

 5  accordance with s. 100.342.

 6         3.  This paragraph does not restrict the authority of a

 7  local government to hold a referendum on a comprehensive plan

 8  or plan amendment which is not requested by petition under

 9  subparagraph 1.

10         Section 2.  Subsection (10) of section 288.975, Florida

11  Statutes, is amended to read:

12         288.975  Military base reuse plans.--

13         (10)  Within 60 days after receipt of a proposed

14  military base reuse plan, these entities shall review and

15  provide comments to the host local government. The

16  commencement of this review period shall be advertised in

17  newspapers of general circulation within the host local

18  government and any affected local government to allow for

19  public comment. No later than 180 days after receipt and

20  consideration of all comments, and the holding of at least two

21  public hearings, the host local government shall adopt the

22  military base reuse plan. The host local government shall

23  comply with the requirement for a public hearing and

24  associated notice requirements set forth in s. 163.3184(15) to

25  ensure full public participation in this planning process.

26         Section 3.  Subsection (6) of section 1013.30, Florida

27  Statutes, is amended to read:

28         1013.30  University campus master plans and campus

29  development agreements.--

30         (6)  Before a campus master plan is adopted, a copy of

31  the draft master plan must be sent for review or made

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    Florida Senate - 2007                                  SB 2028
    21-913-07




 1  available electronically to the host and any affected local

 2  governments, the state land planning agency, the Department of

 3  Environmental Protection, the Department of Transportation,

 4  the Department of State, the Fish and Wildlife Conservation

 5  Commission, and the applicable water management district and

 6  regional planning council. At the request of a governmental

 7  entity, a hard copy of the draft master plan shall be

 8  submitted within 7 business days of an electronic copy being

 9  made available. These agencies must be given 90 days after

10  receipt of the campus master plans in which to conduct their

11  review and provide comments to the university board of

12  trustees. The commencement of this review period must be

13  advertised in newspapers of general circulation within the

14  host local government and any affected local government to

15  allow for public comment. Following receipt and consideration

16  of all comments and the holding of an informal information

17  session and at least two public hearings within the host

18  jurisdiction, the university board of trustees shall adopt the

19  campus master plan. It is the intent of the Legislature that

20  the university board of trustees comply with the requirement

21  for a public hearing and associated notice requirements set

22  forth in s. 163.3184(15) to ensure full public participation

23  in this planning process. The informal public information

24  session must be held before the first public hearing. The

25  first public hearing shall be held before the draft master

26  plan is sent to the agencies specified in this subsection. The

27  second public hearing shall be held in conjunction with the

28  adoption of the draft master plan by the university board of

29  trustees. Campus master plans developed under this section are

30  not rules and are not subject to chapter 120 except as

31  otherwise provided in this section.

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    Florida Senate - 2007                                  SB 2028
    21-913-07




 1         Section 4.  This act shall take effect upon becoming a

 2  law.

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 5                          SENATE SUMMARY

 6    Provides for a referendum on a comprehensive plan or plan
      amendment in certain circumstances. Provides for notice
 7    concerning such a referendum. Provides exceptions.

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