Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. PCS (380674) for CS for SB 1392
       
       
       
       
       
       
                                Ì248640#Î248640                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/01/2016           .                                
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       The Committee on Appropriations (Latvala) recommended the
       following:
       
    1         Senate Substitute for Amendment (136342) (with title
    2  amendment)
    3  
    4         Between lines 259 and 260
    5  insert:
    6         Section 9. Subsection (3) of section 337.0261, Florida
    7  Statutes, is amended to read:
    8         337.0261 Construction aggregate materials.—
    9         (3) LOCAL GOVERNMENT DECISIONMAKING.—A No local government
   10  may not shall approve or deny a proposed land use zoning change,
   11  comprehensive plan amendment, land use permit, ordinance, or
   12  order regarding construction aggregate materials without
   13  considering any information provided by the Department of
   14  Transportation regarding the effect such change, amendment,
   15  permit decision, ordinance, or order would have on the
   16  availability, transportation, cost, and potential extraction of
   17  construction aggregate materials on the local area, the region,
   18  and the state. The failure of the Department of Transportation
   19  to provide this information shall not be a basis for delay or
   20  invalidation of the local government action. A No local
   21  government may not impose a moratorium, or combination of
   22  moratoria, of more than 12 months’ duration on the mining or
   23  extraction of construction aggregate materials, commencing on
   24  the date the vote was taken to impose the moratorium. January 1,
   25  2007, shall serve as the commencement of the 12-month period for
   26  moratoria already in place as of July 1, 2007.
   27         
   28         Delete lines 463 - 474
   29  and insert:
   30         Section 14. Paragraph (b) of subsection (4) of section
   31  339.2816, Florida Statutes, is amended to read:
   32         339.2816 Small County Road Assistance Program.—
   33         (4)
   34         (b) In determining a county’s eligibility for assistance
   35  under this program, the department may consider:
   36         1. Whether the county has attempted to keep county roads in
   37  satisfactory condition, including the amount of local option
   38  fuel tax imposed by the county.
   39         2.The department may also consider The extent to which the
   40  county has offered to provide a match of local funds with state
   41  funds provided under the program.
   42  
   43  At a minimum, small counties shall be eligible only if the
   44  county has enacted the maximum rate of the local option fuel tax
   45  authorized by s. 336.025(1)(a). A county that adopts or enforces
   46  any local government comprehensive plan, land use map, zoning
   47  district, land development regulation, ordinance, or order that
   48  has the effect of prohibiting or unduly regulating or
   49  restricting the extraction of construction aggregate materials,
   50  as defined in s. 337.0261, or any associated activities is
   51  ineligible for assistance under this program.
   52         Section 15. Subsection (2) and paragraph (b) of subsection
   53  (4) of section 339.2818, Florida Statutes, are amended to read:
   54         339.2818 Small County Outreach Program.—
   55         (2)(a) For the purposes of this section, the term “small
   56  county” means any county that has a population of 170,000
   57  150,000 or less as determined by the most recent official
   58  estimate pursuant to s. 186.901.
   59         (b) Notwithstanding paragraph (a), for the 2015-2016 fiscal
   60  year, for purposes of this section, the term “small county”
   61  means any county that has a population of 165,000 or less as
   62  determined by the most recent official estimate pursuant to s.
   63  186.901. This paragraph expires July 1, 2016.
   64         (4)
   65         (b) In determining a county’s eligibility for assistance
   66  under this program, the department may consider whether the
   67  county has attempted to keep county roads in satisfactory
   68  condition, which may be evidenced through an established
   69  pavement management plan. A county that adopts or enforces any
   70  local government comprehensive plan, land use map, zoning
   71  district, land development regulation, ordinance, or order that
   72  has the effect of prohibiting or unduly regulating or
   73  restricting the extraction of construction aggregate materials,
   74  as defined in s. 337.0261, or any associated activities is
   75  ineligible for assistance under the program.
   76  
   77  ================= T I T L E  A M E N D M E N T ================
   78  And the title is amended as follows:
   79         Delete line 37
   80  and insert:
   81         airport-related leases; amending s. 337.0261, F.S.;
   82         requiring local governments to consider information
   83         provided by the Department of Transportation regarding
   84         the effect that approving or denying certain
   85         regulations may have on the cost of construction
   86         aggregate materials in the local area, the region, and
   87         the state; amending s. 338.155, F.S.;
   88         Delete lines 65 - 70
   89  and insert:
   90         technology; amending s. 339.2816, F.S.; providing
   91         certain restrictions for the eligibility of counties
   92         to receive assistance under the Small County Road
   93         Assistance Program; amending s. 339.2818, F.S.;
   94         increasing the population ceiling in the definition of
   95         the term “small county” for purposes of the program;
   96         deleting an alternative definition of the term “small
   97         county” for a specified fiscal year; providing that a
   98         county that adopts or enforces certain restrictions on
   99         the extraction of construction aggregate materials is
  100         ineligible for assistance under the program; amending
  101         s. 339.64, F.S.; requiring the