| 1 | Representative Berman offered the following: |
| 2 |
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| 3 | Amendment |
| 4 | Remove lines 5112-5126 and insert: |
| 5 | 1. In challenges filed by an affected person, the local |
| 6 | government's determination shall be sustained unless it is shown |
| 7 | by a preponderance of the evidence that the amendment is not in |
| 8 | compliance with the requirements of this act. |
| 9 | 2.a. In challenges filed by the state land planning |
| 10 | agency, the local government's determination that the |
| 11 | comprehensive plan or plan amendment is in compliance is |
| 12 | presumed to be correct, and the local government's determination |
| 13 | shall be sustained unless it is shown by a preponderance of the |
| 14 | evidence that the comprehensive plan or plan amendment is not in |
| 15 | compliance. |
| 16 | b. In challenges filed by the state land planning agency, |
| 17 | the local government's determination that elements of its plan |
| 18 | are related to and consistent with each other shall be sustained |
| 19 | unless it is shown by a preponderance of the evidence that the |
| 20 | amendment is not in compliance with the requirements of this |
| 21 | act. |
| 22 |
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| 23 | Remove lines 5961-5982 and insert: |
| 24 | (5)(a) Any affected person may file a petition with the |
| 25 | Division of Administrative Hearings pursuant to ss. 120.569 and |
| 26 | 120.57 to request a hearing to challenge the compliance of a |
| 27 | small scale development amendment with this act within 30 days |
| 28 | following the local government's adoption of the amendment and, |
| 29 | shall serve a copy of the petition on the local government, and |
| 30 | shall furnish a copy to the state land planning agency. An |
| 31 | administrative law judge shall hold a hearing in the affected |
| 32 | jurisdiction not less than 30 days nor more than 60 days |
| 33 | following the filing of a petition and the assignment of an |
| 34 | administrative law judge. The parties to a hearing held pursuant |
| 35 | to this subsection shall be the petitioner, the local |
| 36 | government, and any intervenor. In the proceeding, the local |
| 37 | government's determination that the small scale development |
| 38 | amendment is in compliance is presumed to be correct. The local |
| 39 | government's determination shall be sustained unless it is shown |
| 40 | by a preponderance of the evidence that the amendment is not in |
| 41 | compliance with the requirements of this act. In any proceeding |
| 42 | initiated pursuant to this subsection, The state land planning |
| 43 | agency may intervene in any proceeding initiated pursuant to |
| 44 | this section. |