1 | Representative Mayfield offered the following: |
2 |
|
3 | Substitute Amendment for Amendment (032977) (with title |
4 | amendment) |
5 | Remove lines 51-97 and insert: |
6 |
|
7 | 70.001 after presenting a claim to the local government as set |
8 | forth in s. 70.001(4)(a). The imposition of such conditions is |
9 | presumed to impose an inordinate burden. This presumption may be |
10 | rebutted by clear and convincing evidence. This subsection shall |
11 | not apply to comprehensive plan provisions, development |
12 | conditions, or land development regulations enacted by a local |
13 | government to address compatibility of land uses with military |
14 | operations or installations. |
15 | (a) The local government and the owner of a parcel of land |
16 | that is the subject of an application for an amendment shall |
17 | have 180 days following the date that the local government |
18 | receives a complete application to negotiate in good faith to |
19 | reach consensus on the land uses, densities, and intensities of |
20 | use that are consistent with the uses, densities, and |
21 | intensities of use of the industrial, commercial, or residential |
22 | areas that surround the parcel. Within 30 days after the local |
23 | government's receipt of such an application, the local |
24 | government and owner must agree in writing to a schedule for |
25 | information submittal, public hearings, negotiations, and final |
26 | action on the amendment, which schedule may thereafter be |
27 | altered only with the written consent of the local government |
28 | and the owner. Compliance with the schedule in the written |
29 | agreement constitutes good faith negotiations for purposes of |
30 | paragraph (d) (c). |
31 | (b) Upon conclusion of good faith negotiations under |
32 | paragraph (a), regardless of whether the local government and |
33 | owner reach consensus on the land uses, densities, and |
34 | intensities of use that are consistent with the uses, densities, |
35 | and intensities of use of the industrial, commercial, or |
36 | residential areas that surround the parcel, the amendment must |
37 | be transmitted to the state land planning agency for review |
38 | pursuant to s. 163.3184. If the local government fails to |
39 | transmit the amendment within 180 days after receipt of a |
40 | complete application, the amendment must be immediately |
41 | transferred to the state land planning agency for such review at |
42 | the first available transmittal cycle. A plan amendment |
43 | transmitted to the state land planning agency submitted under |
44 | this subsection is presumed to be consistent with rule 9J- |
45 | 5.006(5), Florida Administrative Code. This presumption may be |
46 | rebutted by clear and convincing evidence. |
47 | (c) Notwithstanding the provisions of a comprehensive |
48 | plan, after review by the state land planning agency, the owner |
49 | shall respond to any objections, recommendations, or comments |
50 | issued by the agency pursuant to s. 163.3184(6) and address each |
51 | compliance issue raised by the state land planning agency |
52 | related to the owner's property. If the department has issued no |
53 | objections, recommendations, or comments, or if the owner has |
54 | responded to any objections, recommendations, or comments and |
55 | the local government denies or fails to approve the amendment |
56 | within the time period specified in s. 163.3184(7), such denial |
57 | or failure to approve the amendment is presumed to impose an |
58 | inordinate burden, and the owner may apply to the circuit court |
59 | for appropriate relief pursuant to s. 70.001 after presenting a |
60 | claim to the local government as set forth in s. 70.001(4)(a). A |
61 | plan amendment reviewed by the land |
62 |
|
63 |
|
64 | ----------------------------------------------------- |
65 | T I T L E A M E N D M E N T |
66 | Remove line 6 and insert: |
67 | conditions relating to agricultural enclaves; providing for |
68 | exceptions; providing a |
69 |
|