Senate Bill sb2310

    Florida Senate - 2007                                  SB 2310

    By Senator Bennett





    21-1516-07

  1                      A bill to be entitled

  2         An act relating to the permitting of

  3         development by counties; amending s. 125.022,

  4         F.S.; prohibiting a county from requiring that

  5         an applicant for a development permit under the

  6         Local Government Comprehensive Planning and

  7         Land Development Regulation Act secure a

  8         federal authorization that is not required by

  9         federal law; providing for joinder of an agency

10         that issued a statement, policy, or guidance in

11         an administrative proceeding to review county

12         action on an application for a development

13         permit which is based on the issuance;

14         providing an effective date.

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

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18         Section 1.  Section 125.022, Florida Statutes, is

19  amended to read:

20         125.022  Development permits.--When a county denies an

21  application for a development permit, the county shall give

22  written notice to the applicant. The notice must include a

23  citation to the applicable portions of an ordinance, rule,

24  statute, or other legal authority for the denial of the

25  permit. A county may not require as a condition of approval

26  for a development permit that an applicant obtain a permit or

27  approval for a construction or operation activity from a

28  federal agency if federal law does not require such permit or

29  approval. If a statement, policy, or guideline issued by an

30  agency other than the county forms the basis for the county's

31  denial or condition of approval of a development permit, the

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2007                                  SB 2310
    21-1516-07




 1  agency responsible for such issuance shall, for the purpose of

 2  determining the validity of the statement, policy, or

 3  guideline, be joined as a party to an administrative

 4  proceeding under chapter 120 to review the county's condition

 5  of approval or denial of the permit if a party to the hearing

 6  files a petition for such joinder. As used in this section,

 7  the term "development permit" has the same meaning as in s.

 8  163.3164.

 9         Section 2.  This act shall take effect July 1, 2007.

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12                          SENATE SUMMARY

13    Prohibits counties from requiring that an applicant for a
      development permit under the Local Government
14    Comprehensive Planning and Land Development Regulation
      Act secure a federal authorization that is not required
15    by federal law. Provides for joinder of an agency that
      issues a statement, policy, or guidance in an
16    administrative proceeding to review county action on an
      application for a development permit which is based on
17    the issuance.

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CODING: Words stricken are deletions; words underlined are additions.