Florida Senate - 2012 COMMITTEE AMENDMENT Bill No. CS for CS for SB 842 Barcode 448486 LEGISLATIVE ACTION Senate . House Comm: FAV . 03/01/2012 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations (Bennett) recommended the following: 1 Senate Amendment 2 3 Delete lines 418 - 566 4 and insert: 5 10 working days the amendment or amendments and appropriate 6 supporting data and analyses to the reviewing agencies. The 7 local governing body shall also transmit a copy of the 8 amendments and supporting data and analyses to any other local 9 government or governmental agency that has filed a written 10 request with the governing body. 11 2. The reviewing agencies and any other local government or 12 governmental agency specified in subparagraph 1. may provide 13 comments regarding the amendment or amendments to the local 14 government. State agencies shall only comment on important state 15 resources and facilities that will be adversely impacted by the 16 amendment if adopted. Comments provided by state agencies shall 17 state with specificity how the plan amendment will adversely 18 impact an important state resource or facility and shall 19 identify measures the local government may take to eliminate, 20 reduce, or mitigate the adverse impacts. Such comments, if not 21 resolved, may result in a challenge by the state land planning 22 agency to the plan amendment. Agencies and local governments 23 must transmit their comments to the affected local government 24 such that they are received by the local government not later 25 than 30 days afterfromthe date on which the agency or 26 government received the amendment or amendments. Reviewing 27 agencies shall also send a copy of their comments to the state 28 land planning agency. 29 3. Comments to the local government from a regional 30 planning council, county, or municipality shall be limited as 31 follows: 32 a. The regional planning council review and comments shall 33 be limited to adverse effects on regional resources or 34 facilities identified in the strategic regional policy plan and 35 extrajurisdictional impacts that would be inconsistent with the 36 comprehensive plan of any affected local government within the 37 region. A regional planning council may not review and comment 38 on a proposed comprehensive plan amendment prepared by such 39 council unless the plan amendment has been changed by the local 40 government subsequent to the preparation of the plan amendment 41 by the regional planning council. 42 b. County comments shall be in the context of the 43 relationship and effect of the proposed plan amendments on the 44 county plan. 45 c. Municipal comments shall be in the context of the 46 relationship and effect of the proposed plan amendments on the 47 municipal plan. 48 d. Military installation comments shall be provided in 49 accordance with s. 163.3175. 50 4. Comments to the local government from state agencies 51 shall be limited to the following subjects as they relate to 52 important state resources and facilities that will be adversely 53 impacted by the amendment if adopted: 54 a. The Department of Environmental Protection shall limit 55 its comments to the subjects of air and water pollution; 56 wetlands and other surface waters of the state; federal and 57 state-owned lands and interest in lands, including state parks, 58 greenways and trails, and conservation easements; solid waste; 59 water and wastewater treatment; and the Everglades ecosystem 60 restoration. 61 b. The Department of State shall limit its comments to the 62 subjects of historic and archaeological resources. 63 c. The Department of Transportation shall limit its 64 comments to issues within the agency’s jurisdiction as it 65 relates to transportation resources and facilities of state 66 importance. 67 d. The Fish and Wildlife Conservation Commission shall 68 limit its comments to subjects relating to fish and wildlife 69 habitat and listed species and their habitat. 70 e. The Department of Agriculture and Consumer Services 71 shall limit its comments to the subjects of agriculture, 72 forestry, and aquaculture issues. 73 f. The Department of Education shall limit its comments to 74 the subject of public school facilities. 75 g. The appropriate water management district shall limit 76 its comments to flood protection and floodplain management, 77 wetlands and other surface waters, and regional water supply. 78 h. The state land planning agency shall limit its comments 79 to important state resources and facilities outside the 80 jurisdiction of other commenting state agencies and may include 81 comments on countervailing planning policies and objectives 82 served by the plan amendment that should be balanced against 83 potential adverse impacts to important state resources and 84 facilities. 85 (c)1. The local government shall hold its second public 86 hearing, which shall be a hearing on whether to adopt one or 87 more comprehensive plan amendments pursuant to subsection (11). 88 If the local government fails, within 180 days after receipt of 89 agency comments, to hold the second public hearing, the 90 amendments shall be deemed withdrawn unless extended by 91 agreement with notice to the state land planning agency and any 92 affected person that provided comments on the amendment. The 93 180-day limitation does not apply to amendments processed 94 pursuant to s. 380.06. 95 2. All comprehensive plan amendments adopted by the 96 governing body, along with the supporting data and analysis, 97 shall be transmitted within 10 working days after the second 98 public hearing to the state land planning agency and any other 99 agency or local government that provided timely comments under 100 subparagraph (b)2. 101 3. The state land planning agency shall notify the local 102 government of any deficiencies within 5 working days after 103 receipt of an amendment package. For purposes of completeness, 104 an amendment shall be deemed complete if it contains a full, 105 executed copy of the adoption ordinance or ordinances; in the 106 case of a text amendment, a full copy of the amended language in 107 legislative format with new words inserted in the text 108 underlined, and words deleted stricken with hyphens; in the case 109 of a future land use map amendment, a copy of the future land 110 use map clearly depicting the parcel, its existing future land 111 use designation, and its adopted designation; and a copy of any 112 data and analyses the local government deems appropriate. 113 4. An amendment adopted under this paragraph does not 114 become effective until 31 days after the state land planning 115 agency notifies the local government that the plan amendment 116 package is complete. If timely challenged, an amendment does not 117 become effective until the state land planning agency or the 118 Administration Commission enters a final order determining the 119 adopted amendment to be in compliance. 120 (4) STATE COORDINATED REVIEW PROCESS.— 121 (b) Local government transmittal of proposed plan or 122 amendment.—Each local governing body proposing a plan or plan 123 amendment specified in paragraph (2)(c) shall transmit the 124 complete proposed comprehensive plan or plan amendment to the 125 reviewing agencies within 10 working days afterimmediately126followingthe first public hearing pursuant to subsection (11). 127 The transmitted document shall clearly indicate on the cover 128 sheet that this plan amendment is subject to the state 129 coordinated review process of this subsection. The local 130 governing body shall also transmit a copy of the complete 131 proposed comprehensive plan or plan amendment to any other unit 132 of local government or government agency in the state that has 133 filed a written request with the governing body for the plan or 134 plan amendment. 135 (e) Local government review of comments; adoption of plan 136 or amendments and transmittal.— 137 1. The local government shall review the report submitted 138 to it by the state land planning agency, if any, and written 139 comments submitted to it by any other person, agency, or 140 government. The local government, upon receipt of the report 141 from the state land planning agency, shall hold its second 142 public hearing, which shall be a hearing to determine whether to 143 adopt the comprehensive plan or one or more comprehensive plan 144 amendments pursuant to subsection (11). If the local government 145 fails to hold the second hearing within 180 days after receipt 146 of the state land planning agency’s report, the amendments shall 147 be deemed withdrawn unless extended by agreement with notice to 148 the state land planning agency and any affected person that 149 provided comments on the amendment. The 180-day limitation does 150 not apply to amendments processed pursuant to s. 380.06. 151 2. All comprehensive plan amendments adopted by the 152 governing body, along with the supporting data and analysis, 153 shall be transmitted within 10 working days after the second