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Amendment CaShTmL-921614.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360
                        Barcode 921614
                            CHAMBER ACTION
              Senate                               House
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       05/02/2005 02:14 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 95, line 5-23, delete those lines
15  
16  and insert:  
17         (l)  Any proposed development or redevelopment within
18  an area designated for:
19         1.  Urban infill development as designated in the
20  comprehensive plan;
21         2.  Urban redevelopment as designated in the
22  comprehensive plan;
23         3.  Downtown revitalization as designated in the
24  comprehensive plan; or
25         4.  Urban infill and redevelopment under s. 163.2517 as
26  designated in the comprehensive plan,
27  
28  is exempt from the provisions of this section. However, a
29  municipality with a population of 7,500 or fewer may adopt an
30  ordinance imposing a fee upon an applicant for purposes of
31  reimbursing the municipality for the reasonable costs that the
                                  1
    11:22 AM   05/02/05                            s0360c3c-21-t01

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 921614 1 municipality may incur in reviewing any project which is 2 exempt under this subparagraph. The municipality may use all 3 or part of this fee to employ professional expertise to ensure 4 that the impacts of such projects are properly evaluated. 5 Municipalities adopting such ordinances may not impose a fee 6 on a project in excess of its actual out-of-pocket reasonable 7 review costs. A copy of such ordinance shall be transmitted to 8 the state land planning agency and the applicable regional 9 planning council. 10 (m) Any proposed development within a rural land 11 stewardship area created pursuant to s. 163.3177(11)(d) is 12 exempt from the provisions of this section. 13 Section 21. Section 380.115, Florida Statutes, is 14 amended to read: 15 380.115 Vested rights and duties; effect of size 16 reduction; changes in guidelines and standards chs. 2002-20 17 and 2002-296.-- 18 (1) A change in a development of regional impact 19 guideline or standard does not abridge or modify Nothing 20 contained in this act abridges or modifies any vested or 21 other right or any duty or obligation pursuant to any 22 development order or agreement that is applicable to a 23 development of regional impact on the effective date of this 24 act. A development that has received a 25 development-of-regional-impact development order pursuant to 26 s. 380.06, but would is no longer be required to undergo 27 development-of-regional-impact review by operation of a change 28 in the guidelines and standards or has reduced its size below 29 the thresholds in s. 380.0651 this act, shall be governed by 30 the following procedures: 31 (a) The development shall continue to be governed by 2 11:22 AM 05/02/05 s0360c3c-21-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 921614 1 the development-of-regional-impact development order and may 2 be completed in reliance upon and pursuant to the development 3 order unless the developer or landowner has followed the 4 procedures for rescission in paragraph (b). The 5 development-of-regional-impact development order may be 6 enforced by the local government as provided by ss. 380.06(17) 7 and 380.11. 8 (b) If requested by the developer or landowner, the 9 development-of-regional-impact development order shall may be 10 rescinded by the local government with jurisdiction upon a 11 showing by clear and convincing evidence that all required 12 mitigation relating to the amount of development existing on 13 the date of rescission has been completed abandoned pursuant 14 to the process in s. 380.06(26). 15 (2) A development with an application for development 16 approval pending, and determined sufficient pursuant to s. 17 380.06(10), on the effective date of a change to the 18 guidelines and standards this act, or a notification of 19 proposed change pending on the effective date of a change to 20 the guidelines and standards this act, may elect to continue 21 such review pursuant to s. 380.06. At the conclusion of the 22 pending review, including any appeals pursuant to s. 380.07, 23 the resulting development order shall be governed by the 24 provisions of subsection (1). 25 (3) A landowner that has filed an application for a 26 development of regional impact review prior to the adoption of 27 an optional sector plan pursuant to s. 163.3245 may elect to 28 have the application reviewed pursuant to s. 380.06, 29 comprehensive plan provisions in force prior to adoption of 30 the sector plan and any requested comprehensive plan 31 amendments that accompany the application. 3 11:22 AM 05/02/05 s0360c3c-21-t01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360 Barcode 921614 1 2 (Redesignate subsequent sections.) 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 On page 5, line 19, delete that line 8 9 and insert: 10 380.06, F.S.; providing additional exemptions 11 from development of regional impact provisions 12 for certain projects in proposed developments 13 or redevelopments within an area designated in 14 a comprehensive plan and for proposed 15 developments within certain rural land 16 stewardship areas; authorizing certain 17 municipalities to adopt an ordinance imposing a 18 fee on certain applicants for certain purposes; 19 specifying fee uses; providing a limitation; 20 amending s. 380.115, F.S.; revising provisions 21 relating to preserving vested rights and duties 22 under development of regional impact guidelines 23 and standards; revising procedures and 24 requirements for governance and rescission of 25 development-of-regional-impact development 26 orders under changing guidelines and standards; 27 amending s. 28 29 30 31 4 11:22 AM 05/02/05 s0360c3c-21-t01
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