September 22, 2020
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Amendment CaShTmL-315616.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 162
    Amendment No. ___   Barcode 315616
                            CHAMBER ACTION
              Senate                               House
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       04/28/2004 06:11 PM         .                    
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 4  ______________________________________________________________
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11  Senator Geller moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, between lines 2 and 3,
15  
16  insert:  
17         Section 2.  Paragraphs (c) and (d) are added to
18  subsection (1) of section 163.3174, Florida Statutes, to read:
19         163.3174  Local planning agency.--
20         (1)  The governing body of each local government,
21  individually or in combination as provided in s. 163.3171,
22  shall designate and by ordinance establish a "local planning
23  agency," unless the agency is otherwise established by law.
24  Notwithstanding any special act to the contrary, all local
25  planning agencies or equivalent agencies that first review
26  rezoning and comprehensive plan amendments in each
27  municipality and county shall include a representative of the
28  school district appointed by the school board as a nonvoting
29  member of the local planning agency or equivalent agency to
30  attend those meetings at which the agency considers
31  comprehensive plan amendments and rezonings that would, if
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    9:31 PM   04/26/04                              s0162c2c-31v0a

SENATE AMENDMENT Bill No. CS for CS for SB 162 Amendment No. ___ Barcode 315616 1 approved, increase residential density on the property that is 2 the subject of the application. However, this subsection does 3 not prevent the governing body of the local government from 4 granting voting status to the school board member. The 5 governing body may designate itself as the local planning 6 agency pursuant to this subsection with the addition of a 7 nonvoting school board representative. The governing body 8 shall notify the state land planning agency of the 9 establishment of its local planning agency. All local planning 10 agencies shall provide opportunities for involvement by 11 applicable community college boards, which may be accomplished 12 by formal representation, membership on technical advisory 13 committees, or other appropriate means. The local planning 14 agency shall prepare the comprehensive plan or plan amendment 15 after hearings to be held after public notice and shall make 16 recommendations to the governing body regarding the adoption 17 or amendment of the plan. The agency may be a local planning 18 commission, the planning department of the local government, 19 or other instrumentality, including a countywide planning 20 entity established by special act or a council of local 21 government officials created pursuant to s. 163.02, provided 22 the composition of the council is fairly representative of all 23 the governing bodies in the county or planning area; however: 24 (a) If a joint planning entity is in existence on the 25 effective date of this act which authorizes the governing 26 bodies to adopt and enforce a land use plan effective 27 throughout the joint planning area, that entity shall be the 28 agency for those local governments until such time as the 29 authority of the joint planning entity is modified by law. 30 (b) In the case of chartered counties, the planning 31 responsibility between the county and the several 2 9:31 PM 04/26/04 s0162c2c-31v0a
SENATE AMENDMENT Bill No. CS for CS for SB 162 Amendment No. ___ Barcode 315616 1 municipalities therein shall be as stipulated in the charter. 2 (c) In recognition of the need to allow municipalities 3 in highly populated urban counties in which most of the 4 population of the county is located within municipalities to 5 address land use planning issues on a municipal basis, in 6 charter counties that have populations greater than 1.5 7 million people and have less than 10 percent of the countywide 8 population within the unincorporated area of the county, the 9 municipalities within such counties shall, except as otherwise 10 expressly provided in this paragraph, have the option to 11 exercise exclusive land use planning authority. This exclusive 12 land use planning authority includes, platting, zoning, the 13 adoption and amendment of comprehensive plans in accordance 14 with this act and the issuance of development orders for the 15 area under municipal jurisdiction. the exercise of this option 16 shall require the municipality to adopt a resolution approving 17 the exercise of exclusive land use planning authority and 18 submit to the electorate of the municipality a ballot question 19 which states, "Shall the (Name of Municipality) exercise 20 exclusive land use planning authority within (Name of 21 Municipality) for platting, zoning, the adoption and amendment 22 of comprehensive plans and the issuance of development order". 23 If the ballot question is approved by a majority of those 24 casting a vote on the question, the municipality shall have 25 exclusive land use planning authority effective ninety (90) 26 days following voter approval. Municipalities whose land use 27 planning authority becomes exclusive pursuant to this 28 paragraph may amend their comprehensive plans one additional 29 time in the year in which its land use planning authority 30 becomes exclusive or in the following year, without regard to 31 the twice-a-year restriction in s. 163.3187(1), to provide for 3 9:31 PM 04/26/04 s0162c2c-31v0a
SENATE AMENDMENT Bill No. CS for CS for SB 162 Amendment No. ___ Barcode 315616 1 amendments the municipality determines to be necessary or 2 appropriate for the transition. Development orders issued by a 3 charter county within a municipality prior to the municipality 4 assuming exclusive land use planning authority shall remain 5 valid for the effective period of the development order unless 6 an application for an amendment to the development order is 7 approved by the municipality in accordance with the procedures 8 of the municipality for amending development orders. This 9 paragraph does not affect the authority of a charter county 10 subject to this paragraph to adopt and enforce countywide 11 impact fees. Effective upon a municipality obtaining exclusive 12 land use planning authority pursuant to this provision, the 13 level of service for county facilities in the municipalities 14 shall be the level of service that was applied by the county 15 on the date that the municipality adopted the resolution 16 approving the exercise of exclusive land use planning 17 authority and submitting the ballot question to the electorate 18 of the municipality. In order for any future change in level 19 of service for county facilities to become effective within a 20 municipality that obtains exclusive land use planning 21 authority pursuant to this provision, the change in the level 22 of service shall require the approval of both the affected 23 municipality and the county, as evidenced by both the 24 municipality and county adopting the amended level of service 25 for the county facilities into their respective comprehensive 26 plans. In municipalities that obtain exclusive land use 27 planning authority, the county shall, if requested by the 28 municipality, and upon the payment of a reasonable fee, review 29 and advise the municipality as to whether proposed mitigation 30 of traffic impacts that are to be provided by improvements to 31 county roadways meet the county's permit criteria for 4 9:31 PM 04/26/04 s0162c2c-31v0a
SENATE AMENDMENT Bill No. CS for CS for SB 162 Amendment No. ___ Barcode 315616 1 improvements to county roadways. Nothing in this paragraph 2 shall be interpreted to affect a county's permit authority 3 with respect to county roadways. This paragraph applies 4 notwithstanding any other law. 5 (d) A charter county that is not subject to paragraph 6 (c) may exercise such authority over municipalities and 7 districts within its boundaries as is provided for in its 8 charter. 9 10 (Redesignate subsequent sections.) 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 On page 1, line 10, after the semicolon, 16 17 insert: 18 amending s. 163.3174, F.S.; allowing 19 municipalities in highly populated urban 20 charter counties with a population greater than 21 a specified number to have the option to 22 exercise exclusive land use planning authority, 23 including over the unincorporated area of the 24 county; providing that the land use authority 25 includes platting, zoning, and the adoption and 26 amendment of comprehensive plan; requiring the 27 municipality to adopt a resolution approving 28 the exercise of exclusive land use planning 29 authority and to submit to a ballot question to 30 the electorate; 31 5 9:31 PM 04/26/04 s0162c2c-31v0a
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