October 22, 2020
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156037
  Amendment
Bill No. 0360
Amendment No. 156037
CHAMBER ACTION
Senate House
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1Representative Benson offered the following:
2
3     Amendment (with title amendment)
4     On page 66, between lines 5 and 6, insert:
5     Section 7.  Paragraph (c) of subsection (1) of section
6163.3187, Florida Statutes, is amended to read:
7     163.3187  Amendment of adopted comprehensive plan.--
8     (1)  Amendments to comprehensive plans adopted pursuant to
9this part may be made not more than two times during any
10calendar year, except:
11     (c)  Any local government comprehensive plan amendments
12directly related to proposed small scale development activities
13may be approved without regard to statutory limits on the
14frequency of consideration of amendments to the local
15comprehensive plan. A small scale development amendment may be
16adopted only under the following conditions:
17     1.  The proposed amendment involves a use of 10 acres or
18fewer and:
19     a.  The cumulative annual effect of the acreage for all
20small scale development amendments adopted by the local
21government shall not exceed:
22     (I)  A maximum of 120 acres in a local government that
23contains areas specifically designated in the local
24comprehensive plan for urban infill, urban redevelopment, or
25downtown revitalization as defined in s. 163.3164, urban infill
26and redevelopment areas designated under s. 163.2517,
27transportation concurrency exception areas approved pursuant to
28s. 163.3180(5), or regional activity centers and urban central
29business districts approved pursuant to s. 380.06(2)(e);
30however, amendments under this paragraph may be applied to no
31more than 60 acres annually of property outside the designated
32areas listed in this sub-sub-subparagraph. Amendments adopted
33pursuant to paragraph (k) shall not be counted toward the
34acreage limitations for small scale amendments under this
35paragraph.
36     (II)  A maximum of 80 acres in a local government that does
37not contain any of the designated areas set forth in sub-sub-
38subparagraph (I).
39     (III)  A maximum of 120 acres in a county established
40pursuant to s. 9, Art. VIII of the State Constitution.
41     b.  The proposed amendment does not involve the same
42property granted a change within the prior 12 months.
43     c.  The proposed amendment does not involve the same
44owner's property within 200 feet of property granted a change
45within the prior 12 months.
46     d.  The proposed amendment does not involve a text change
47to the goals, policies, and objectives of the local government's
48comprehensive plan, but only proposes a land use change to the
49future land use map for a site-specific small scale development
50activity.
51     e.  The property that is the subject of the proposed
52amendment is not located within an area of critical state
53concern, unless the project subject to the proposed amendment
54involves the construction of affordable housing units meeting
55the criteria of s. 420.0004(3), and is located within an area of
56critical state concern designated by s. 380.0552 or by the
57Administration Commission pursuant to s. 380.05(1). Such
58amendment is not subject to the density limitations of sub-
59subparagraph f., and shall be reviewed by the state land
60planning agency for consistency with the principles for guiding
61development applicable to the area of critical state concern
62where the amendment is located and shall not become effective
63until a final order is issued under s. 380.05(6).
64     f.  If the proposed amendment involves a residential land
65use, the residential land use has a density of 10 units or less
66per acre or the proposed future land use category allows a
67maximum residential density of the same or less than the maximum
68residential density allowable under the existing future land use
69category, except that this limitation does not apply to small
70scale amendments described in sub-sub-subparagraph a.(I) that
71are designated in the local comprehensive plan for urban infill,
72urban redevelopment, or downtown revitalization as defined in s.
73163.3164, urban infill and redevelopment areas designated under
74s. 163.2517, transportation concurrency exception areas approved
75pursuant to s. 163.3180(5), or regional activity centers and
76urban central business districts approved pursuant to s.
77380.06(2)(e).
78     2.a.  A local government that proposes to consider a plan
79amendment pursuant to this paragraph is not required to comply
80with the procedures and public notice requirements of s.
81163.3184(15)(c) for such plan amendments if the local government
82complies with the provisions in s. 125.66(4)(a) for a county or
83in s. 166.041(3)(c) for a municipality. If a request for a plan
84amendment under this paragraph is initiated by other than the
85local government, public notice is required.
86     b.  The local government shall send copies of the notice
87and amendment to the state land planning agency, the regional
88planning council, and any other person or entity requesting a
89copy. This information shall also include a statement
90identifying any property subject to the amendment that is
91located within a coastal high hazard area as identified in the
92local comprehensive plan.
93     3.  Small scale development amendments adopted pursuant to
94this paragraph require only one public hearing before the
95governing board, which shall be an adoption hearing as described
96in s. 163.3184(7), and are not subject to the requirements of s.
97163.3184(3)-(6) unless the local government elects to have them
98subject to those requirements.
99
100================= T I T L E  A M E N D M E N T =================
101     On page 3, line 15, remove all of said line and insert:
102amending s. 163.3187, F.S.; providing an exemption from a
103limit on comprehensive plan amendments for certain small
104scale developments when the proposed future land use
105category allows a maximum residential density of the same
106or less than the present category; amending s. 163.3191,
107F.S.; providing


CODING: Words stricken are deletions; words underlined are additions.
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