October 22, 2020
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Amendment CaShTmL-051328.HTM
    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 360, 1st Eng.
                        Barcode 051328
                            CHAMBER ACTION
              Senate                               House
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       05/04/2005 07:36 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 129, between lines 23 and 24,
15  
16  insert:  
17         Section 29.  Paragraph (b) of subsection (1) of section
18  163.3174, Florida Statutes, is amended 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
                                  1
    4:55 PM   05/04/05                             s0360e1c-21-29z

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 051328 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 (b) In the case of chartered counties, the planning 25 responsibility between the county and the several 26 municipalities therein shall be as stipulated in the charter. 27 A municipality, located in a county that adopts a charter form 28 of government on or after July 1, 2005, shall have the option 29 to exercise exclusive land use planning authority. The 30 exercise of this option shall require the municipality to 31 adopt a resolution approving the exercise of exclusive land 2 4:55 PM 05/04/05 s0360e1c-21-29z
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 360, 1st Eng. Barcode 051328 1 use planning authority. Exclusive land use planning authority 2 includes platting, zoning, the adoption of comprehensive plan 3 amendments in accordance with this chapter, and the issuance 4 of development orders for the area under municipal 5 jurisdiction. 6 7 (Redesignate subsequent sections.) 8 9 10 ================ T I T L E A M E N D M E N T =============== 11 And the title is amended as follows: 12 On page 6, line 10, after the semicolon 13 14 insert: 15 amending s. 163.3174, F.S.; allowing 16 municipalities in charter counties the option 17 to exercise exclusive land use planning 18 authority under certain circumstances; 19 20 21 22 23 24 25 26 27 28 29 30 31 3 4:55 PM 05/04/05 s0360e1c-21-29z
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