Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 389
       
       
       
       
       
       
                                Barcode 301684                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Bennett moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 121 and 122
    4  insert:
    5         Section 4. Section 166.033, Florida Statutes, is amended to
    6  read:
    7         166.033 Development permits.—When a municipality denies an
    8  application for a development permit, the municipality shall
    9  give written notice to the applicant. The notice must include a
   10  citation to the applicable portions of an ordinance, rule,
   11  statute, or other legal authority for the denial of the permit.
   12  As used in this section, the term “development permit” has the
   13  same meaning as in s. 163.3164. A municipality may not require
   14  as a condition of processing a development permit that an
   15  applicant obtain a permit or approval from any other state or
   16  federal agency unless the agency has issued a notice of intent
   17  to deny the federal or state permit before the municipal action
   18  on the local development permit. Issuance of a development
   19  permit by a municipality does not in any way create any right on
   20  the part of an applicant to obtain a permit from another state
   21  or federal agency and does not create any liability on the part
   22  of the municipality for issuance of the permit if the applicant
   23  fails to fulfill its legal obligations to obtain requisite
   24  approvals or fulfill the obligations imposed by another state or
   25  federal agency. A municipality may attach such a disclaimer to
   26  the issuance of development permits and may include a permit
   27  condition that all other applicable state or federal permits be
   28  obtained before commencement of the development. This section
   29  does not prohibit a municipality from providing information to
   30  an applicant regarding what other state or federal permits may
   31  apply.
   32  
   33  
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36         And the title is amended as follows:
   37         Delete line 25
   38  and insert:
   39         permit; amending s. 166.033, F.S.; prohibiting a
   40         municipality from requiring an applicant to obtain a
   41         permit or approval from another state or federal
   42         agency as a condition of processing a development
   43         permit under certain conditions; authorizing a county
   44         to attach certain disclaimers to the issuance of a
   45         development permit; providing an effective date.