Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1840
       
       
       
       
       
       
                                Barcode 545632                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2013           .                                
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       The Committee on Community Affairs (Latvala) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 125.022, Florida Statutes, is amended to
    6  read:
    7         125.022 Development permits.—When a county denies an
    8  application for a development permit, the county shall give
    9  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. For any development permit
   14  application filed with the county after July 1, 2012, a county
   15  may not require as a condition of processing or issuing a
   16  development permit that an applicant obtain a permit or approval
   17  from any state or federal agency unless the agency has issued a
   18  final agency action that denies the federal or state permit
   19  before the county action on the local development permit.
   20  Issuance of a development permit by a county does not in any way
   21  create any rights on the part of the applicant to obtain a
   22  permit from a state or federal agency and does not create any
   23  liability on the part of the county for issuance of the permit
   24  if the applicant fails to obtain requisite approvals or fulfill
   25  the obligations imposed by a state or federal agency or
   26  undertakes actions that result in a violation of state or
   27  federal law. A county shall may attach such a disclaimer to the
   28  issuance of a development permit and shall may include a permit
   29  condition that all other applicable state or federal permits be
   30  obtained before commencement of the development. This section
   31  does not prohibit a county from providing information to an
   32  applicant regarding what other state or federal permits may
   33  apply.
   34         Section 2. Section 166.033, Florida Statutes, is amended to
   35  read:
   36         166.033 Development permits.—When a municipality denies an
   37  application for a development permit, the municipality shall
   38  give written notice to the applicant. The notice must include a
   39  citation to the applicable portions of an ordinance, rule,
   40  statute, or other legal authority for the denial of the permit.
   41  As used in this section, the term “development permit” has the
   42  same meaning as in s. 163.3164. For any development permit
   43  application filed with the municipality after July 1, 2012, a
   44  municipality may not require as a condition of processing or
   45  issuing a development permit that an applicant obtain a permit
   46  or approval from any state or federal agency unless the agency
   47  has issued a final agency action that denies the federal or
   48  state permit before the municipal action on the local
   49  development permit. Issuance of a development permit by a
   50  municipality does not in any way create any right on the part of
   51  an applicant to obtain a permit from a state or federal agency
   52  and does not create any liability on the part of the
   53  municipality for issuance of the permit if the applicant fails
   54  to obtain requisite approvals or fulfill the obligations imposed
   55  by a state or federal agency or undertakes actions that result
   56  in a violation of state or federal law. A municipality shall may
   57  attach such a disclaimer to the issuance of development permits
   58  and shall may include a permit condition that all other
   59  applicable state or federal permits be obtained before
   60  commencement of the development. This section does not prohibit
   61  a municipality from providing information to an applicant
   62  regarding what other state or federal permits may apply.
   63         Section 3. This act shall take effect July 1, 2013.
   64  
   65  
   66  ================= T I T L E  A M E N D M E N T ================
   67         And the title is amended as follows:
   68         Delete everything before the enacting clause
   69  and insert:
   70                        A bill to be entitled                      
   71         An act relating to development permits; amending ss.
   72  125.022 and 166.033, F.S.; requiring counties and municipalities
   73  to attach certain disclaimers and include certain permit
   74  conditions when issuing development permits; providing an
   75  effective date.