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





                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Sublette, Gay, Goodlette, and Alexander

12  offered the following:

13

14         Amendment (with title amendment) 

15  Remove from the bill:  Everything after the enacting clause

16

17  and insert in lieu thereof:

18         Section 1.  Section 125.595, Florida Statutes, is

19  created to read:

20         125.595  Right of citizens to petition elected

21  officials.--No citizen shall be denied his or her

22  constitutional right to petition any elected official in

23  public or private.  This provision shall preempt any other

24  special act or general law to the contrary.

25         Section 2.  Paragraph (j) of subsection (3) of section

26  163.2517, Florida Statutes, is amended to read:

27         163.2517  Designation of urban infill and redevelopment

28  area.--

29         (3)  A local government seeking to designate a

30  geographic area within its jurisdiction as an urban infill and

31  redevelopment area shall prepare a plan that describes the

                                  1

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  infill and redevelopment objectives of the local government

 2  within the proposed area. In lieu of preparing a new plan, the

 3  local government may demonstrate that an existing plan or

 4  combination of plans associated with a community redevelopment

 5  area, Florida Main Street program, Front Porch Florida

 6  Community, sustainable community, enterprise zone, or

 7  neighborhood improvement district includes the factors listed

 8  in paragraphs (a)-(n), including a collaborative and holistic

 9  community participation process, or amend such existing plans

10  to include these factors. The plan shall demonstrate the local

11  government and community's commitment to comprehensively

12  address the urban problems within the urban infill and

13  redevelopment area and identify activities and programs to

14  accomplish locally identified goals such as code enforcement;

15  improved educational opportunities; reduction in crime;

16  neighborhood revitalization and preservation; provision of

17  infrastructure needs, including mass transit and multimodal

18  linkages; and mixed-use planning to promote multifunctional

19  redevelopment to improve both the residential and commercial

20  quality of life in the area. The plan shall also:

21         (j)  Identify and adopt a package of financial and

22  local government incentives which the local government will

23  offer for new development, expansion of existing development,

24  and redevelopment within the urban infill and redevelopment

25  area. Examples of such incentives include:

26         1.  Waiver of license and permit fees.

27         2.  Exemption of sales made in the urban infill and

28  redevelopment area from Waiver of local option sales surtaxes

29  imposed pursuant to s. 212.054 taxes.

30         3.  Waiver of delinquent local taxes or fees to promote

31  the return of property to productive use.

                                  2

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         4.  Expedited permitting.

 2         5.  Lower transportation impact fees for development

 3  which encourages more use of public transit, pedestrian, and

 4  bicycle modes of transportation.

 5         6.  Prioritization of infrastructure spending within

 6  the urban infill and redevelopment area.

 7         7.  Local government absorption of developers'

 8  concurrency costs.

 9

10  In order to be authorized to recognize the exemption from

11  local option sales surtaxes pursuant to subparagraph 2., the

12  owner, lessee, or lessor of the new development, expanding

13  existing development, or redevelopment within the urban infill

14  and redevelopment area must file an application under oath

15  with the governing body having jurisdiction over the urban

16  infill and redevelopment area where the business is located.

17  The application must include the name and address of the

18  business claiming the exclusion from collecting local option

19  surtaxes; an address and assessment roll parcel number of the

20  urban infill and redevelopment area for which the exemption is

21  being sought; a description of the improvements made to

22  accomplish the new development, expanding development, or

23  redevelopment of the real property; a copy of the building

24  permit application or the building permit issued for the

25  development of the real property; a new application for a

26  certificate of registration with the Department of Revenue

27  with the address of the new development, expanding

28  development, or redevelopment; and the location of the

29  property. The local government must review and approve the

30  application and submit the completed application and

31  documentation along with a copy of the ordinance adopted

                                  3

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  pursuant to subsection (5) to the Department of Revenue in

 2  order for the business to become eligible to make sales exempt

 3  from local option sales surtaxes in the urban infill and

 4  redevelopment area.

 5         Section 3.  Subsection (13) of section 212.08, Florida

 6  Statutes, is amended to read:

 7         212.08  Sales, rental, use, consumption, distribution,

 8  and storage tax; specified exemptions.--The sale at retail,

 9  the rental, the use, the consumption, the distribution, and

10  the storage to be used or consumed in this state of the

11  following are hereby specifically exempt from the tax imposed

12  by this chapter.

13         (13)  No transactions shall be exempt from the tax

14  imposed by this chapter except those expressly exempted

15  herein. All laws granting tax exemptions, to the extent they

16  may be inconsistent or in conflict with this chapter,

17  including, but not limited to, the following designated laws,

18  shall yield to and be superseded by the provisions of this

19  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

20  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

21  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

22  and the following Laws of Florida, acts of the year indicated:

23  s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

24  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

25  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

26  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

27  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

28  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

29  s. 10, chapter 67-1681. This subsection does not supersede the

30  authority of a local government to adopt financial and local

31  government incentives pursuant to s. 163.2517.

                                  4

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         Section 4.  Section 163.2523, Florida Statutes, is

 2  amended to read:

 3         163.2523  Grant program.--An Urban Infill and

 4  Redevelopment Assistance Grant Program is created for local

 5  governments. A local government may allocate grant money to

 6  special districts, including community redevelopment agencies,

 7  and nonprofit community development organizations to implement

 8  projects consistent with an adopted urban infill and

 9  redevelopment plan or plan employed in lieu thereof. Thirty

10  percent of the general revenue appropriated for this program

11  shall be available for planning grants to be used by local

12  governments for the development of an urban infill and

13  redevelopment plan, including community participation

14  processes for the plan. Sixty percent of the general revenue

15  appropriated for this program shall be available for

16  fifty/fifty matching grants for implementing urban infill and

17  redevelopment projects that further the objectives set forth

18  in the local government's adopted urban infill and

19  redevelopment plan or plan employed in lieu thereof. The

20  remaining 10 percent of the revenue must be used for outright

21  grants for implementing projects requiring an expenditure of

22  under $50,000. If the volume of fundable applications under

23  any of the allocations specified in this section does not

24  fully obligate the amount of the allocation, the Department of

25  Community Affairs may transfer the unused balance to the

26  category having the highest dollar value of applications

27  eligible but unfunded. However, in no event may the percentage

28  of dollars allocated to outright grants for implementing

29  projects exceed 20 percent in any given fiscal year. Projects

30  that provide employment opportunities to clients of the WAGES

31  program and projects within urban infill and redevelopment

                                  5

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  areas that include a community redevelopment area, Florida

 2  Main Street program, Front Porch Florida Community,

 3  sustainable community, enterprise zone, federal enterprise

 4  zone, enterprise community, or neighborhood improvement

 5  district must be given an elevated priority in the scoring of

 6  competing grant applications. The Division of Housing and

 7  Community Development of the Department of Community Affairs

 8  shall administer the grant program. The Department of

 9  Community Affairs shall adopt rules establishing grant review

10  criteria consistent with this section.

11         Section 5.  Subsection (6) of section 163.3164, Florida

12  Statutes, is amended to read:

13         163.3164  Definitions.--As used in this act:

14         (6)  "Development" has the meaning given it in s.

15  380.04. The following operations or uses shall not be taken

16  for the purpose of this act to involve "development":

17         (a)  Work by a highway or road agency or railroad

18  company for the maintenance or improvement of a road or

19  railroad track, if the work is carried out on land within the

20  boundaries of the right-of-way.

21         (b)  Work by any utility and other persons engaged in

22  the distribution or transmission of gas or water, for the

23  purpose of inspecting, repairing, renewing, or constructing on

24  established rights-of-way any sewers, mains, pipes, cables,

25  utility tunnels, power lines, towers, poles, tracks, or the

26  like.

27         (c)  Work for the maintenance, renewal, improvement, or

28  alteration of any structure, if the work affects only the

29  interior or the color of the structure or the decoration of

30  the exterior of the structure.

31         (d)  The use of any structure or land devoted to

                                  6

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  dwelling uses for any purpose customarily incidental to

 2  enjoyment of the dwelling.

 3         (e)  The use of any land for the purpose of growing

 4  plants, crops, trees, and other agricultural or forestry

 5  products; raising livestock; or for other agricultural

 6  purposes.

 7         (f)  A change in use of land or structure from a use

 8  within a class specified in an ordinance or rule to another

 9  use in the same class.

10         (g)  A change in the ownership or form of ownership of

11  any parcel or structure.

12         (h)  The creation or termination of rights of access,

13  riparian rights, easements, covenants concerning development

14  of land, or other rights in land.

15         Section 6.  Paragraph (a) of subsection (6) of section

16  163.3177, Florida Statutes, is amended, paragraph (k) is added

17  to said subsection, and paragraph (i) of subsection (10) and

18  subsection (11) of said section are amended, to read:

19         163.3177  Required and optional elements of

20  comprehensive plan; studies and surveys.--

21         (6)  In addition to the requirements of subsections

22  (1)-(5), the comprehensive plan shall include the following

23  elements:

24         (a)  A future land use plan element designating

25  proposed future general distribution, location, and extent of

26  the uses of land for residential uses, commercial uses,

27  industry, agriculture, recreation, conservation, education,

28  public buildings and grounds, other public facilities, and

29  other categories of the public and private uses of land.  The

30  future land use plan shall include standards to be followed in

31  the control and distribution of population densities and

                                  7

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  building and structure intensities.  The proposed

 2  distribution, location, and extent of the various categories

 3  of land use shall be shown on a land use map or map series

 4  which shall be supplemented by goals, policies, and measurable

 5  objectives.  Each land use category shall be defined in terms

 6  of the types of uses included and specific standards for the

 7  density or intensity of use.  The future land use plan shall

 8  be based upon surveys, studies, and data regarding the area,

 9  including the amount of land required to accommodate

10  anticipated growth; the projected population of the area; the

11  character of undeveloped land; the availability of public

12  services; the need for redevelopment, including the renewal of

13  blighted areas and the elimination of nonconforming uses which

14  are inconsistent with the character of the community; and, in

15  rural communities, the need for job creation, capital

16  investment, and economic development that will strengthen and

17  diversify the community's economy. The future land use plan

18  may designate areas for future planned development use

19  involving combinations of types of uses for which special

20  regulations may be necessary to ensure development in accord

21  with the principles and standards of the comprehensive plan

22  and this act. In addition, for rural communities, the amount

23  of land designated for future planned industrial use shall be

24  based upon surveys and studies that reflect the need for job

25  creation, capital investment, and the necessity to strengthen

26  and diversify the local economies, and shall not be limited

27  solely by the projected population of the rural community. The

28  future land use plan of a county may also designate areas for

29  possible future municipal incorporation. The land use maps or

30  map series shall generally identify and depict historic

31  district boundaries and shall designate historically

                                  8

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  significant properties meriting protection.  The future land

 2  use element must clearly identify the land use categories in

 3  which public schools are an allowable use.  When delineating

 4  the land use categories in which public schools are an

 5  allowable use, a local government shall include in the

 6  categories sufficient land proximate to residential

 7  development to meet the projected needs for schools in

 8  coordination with public school boards and may establish

 9  differing criteria for schools of different type or size. Each

10  local government shall include lands contiguous to existing

11  school sites, to the maximum extent possible, within the land

12  use categories in which public schools are an allowable use.

13  All comprehensive plans must comply with the school siting

14  requirements of this paragraph no later than October 1, 1999.

15  The failure by a local government to comply with these school

16  siting requirements by October 1, 1999, will result in the

17  prohibition of the local government's ability to amend the

18  local comprehensive plan, except for plan amendments described

19  in s. 163.3187(1)(b), until the school siting requirements are

20  met. An amendment proposed by a local government for purposes

21  of identifying the land use categories in which public schools

22  are an allowable use is exempt from the limitation on the

23  frequency of plan amendments contained in s. 163.3187. The

24  future land use element shall include criteria which encourage

25  the location of schools proximate to urban residential areas

26  to the extent possible and shall require that the local

27  government seek to collocate public facilities, such as parks,

28  libraries, and community centers, with schools to the extent

29  possible. For schools serving predominantly rural areas, an

30  agricultural land use category may be eligible by plan

31  amendment for the location of public school facilities,

                                  9

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  provided the local comprehensive plan contains school siting

 2  criteria or the applicable land use category will be amended

 3  through a comprehensive plan amendment.

 4         (k)  An airport master plan shall be prepared by each

 5  publicly owned and operated airport licensed by the Department

 6  of Transportation under chapter 330. The airport master plan

 7  shall address the airport, projected airport or aviation

 8  development, and land use compatibility around the airport.

 9  The airport master plan must be consistent with applicable

10  requirements for airport master planning issued by the Federal

11  Aviation Administration, pursuant to the applicable Federal

12  Aviation Administration's Advisory Circulars and Airport

13  Environmental Handbook, and by the Department of

14  Transportation, pursuant to s. 332.007(5), and with the

15  Department of Transportation's Guidebook for Airport Master

16  Planning and Airport Compatible Land Use Guidance. The airport

17  master plan, and any subsequent amendments to the airport

18  master plan, shall be incorporated into the transportation or

19  traffic circulation element of each affected local government

20  comprehensive plan by the adoption of a local government

21  comprehensive plan amendment. The authorized entity having

22  responsibility for governing the operation of the airport

23  shall submit copies of an airport master plan which meets the

24  requirements of this paragraph to the affected local

25  government no later than July 1, 2001. The affected local

26  government shall incorporate an airport master plan into the

27  local government comprehensive plan no later than July 1,

28  2002. As used in this paragraph, "affected local government"

29  means any local government having jurisdiction under this act

30  over the area in which the airport or projected airport or

31  aviation development is located. The Department of Community

                                  10

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  Affairs, in conjunction with the Department of Transportation,

 2  shall provide technical assistance to airports and local

 3  governments to assist in the coordination of airport master

 4  plans with the local government comprehensive plan, consistent

 5  with the State Comprehensive Plan, the applicable strategic

 6  regional policy plan, and state goals and objectives related

 7  to airport planning. In the amendment to the local

 8  comprehensive plan which integrates the airport master plan,

 9  the affected local government shall address land use

10  compatibility consistent with chapter 333 regarding airport

11  zoning; the provision of regional transportation facilities

12  for the efficient use and operation of the transportation

13  system and airport; consistency with the transportation or

14  traffic circulation element of the applicable local

15  comprehensive plan and applicable metropolitan planning

16  organization long-range transportation plan; and the execution

17  of any necessary interlocal agreements for the purpose of the

18  provision of public facilities and services to maintain the

19  adopted level of service standards for facilities subject to

20  concurrency. The amendment to the local comprehensive plan

21  which integrates the airport master plan shall meet the

22  requirements of this paragraph. Development or expansion of

23  any publicly owned or operated airport, or airport-related or

24  aviation-related development, meeting the requirements of this

25  paragraph shall not be a development of regional impact when

26  such development, expansion, project, or facility is

27  consistent with an adopted airport master plan that is

28  approved by the Federal Aviation Administration and the

29  Department of Transportation and is in compliance with this

30  part.

31         (10)  The Legislature recognizes the importance and

                                  11

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  significance of chapter 9J-5, Florida Administrative Code, the

 2  Minimum Criteria for Review of Local Government Comprehensive

 3  Plans and Determination of Compliance of the Department of

 4  Community Affairs that will be used to determine compliance of

 5  local comprehensive plans.  The Legislature reserved unto

 6  itself the right to review chapter 9J-5, Florida

 7  Administrative Code, and to reject, modify, or take no action

 8  relative to this rule. Therefore, pursuant to subsection (9),

 9  the Legislature hereby has reviewed chapter 9J-5, Florida

10  Administrative Code, and expresses the following legislative

11  intent:

12         (i)  Due to the varying complexities, sizes, growth

13  rates, and other factors associated with local governments in

14  Florida, the department shall take into account the factors

15  delineated in rule 9J-5.002(2), Florida Administrative Code,

16  as it provides assistance to local governments and applies the

17  rule in specific situations with regard to the detail of the

18  data and analysis, and the content of the goals, objectives,

19  policies, and other graphic or textual standards required. If

20  a local government has in place a comprehensive plan found in

21  compliance, the department shall take into account as it

22  applies chapter 9J-5, Florida Administrative Code, whether a

23  plan amendment constitutes substantial progress over existing

24  provisions in the local comprehensive plan regarding

25  consistency with chapter 9J-5, Florida Administrative Code.

26  The provisions of this paragraph are not intended to allow the

27  department to waive or vary any of the requirements of law.

28         (11)(a)  The Legislature recognizes the need for

29  innovative planning and development strategies which will

30  address the anticipated demands of continued urbanization of

31  Florida's coastal and other environmentally sensitive areas,

                                  12

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  and which will accommodate the development of less populated

 2  regions of the state which seek economic development and which

 3  have suitable land and water resources to accommodate growth

 4  in an environmentally acceptable manner.  The Legislature

 5  further recognizes the substantial advantages of innovative

 6  approaches to development which may better serve to protect

 7  environmentally sensitive areas, maintain the economic

 8  viability of agricultural and other predominantly rural land

 9  uses, and provide for the cost-efficient delivery of public

10  facilities and services.

11         (b)  It is the intent of the Legislature that the local

12  government comprehensive plans and plan amendments adopted

13  pursuant to the provisions of this part provide for a planning

14  process which allows for land use efficiencies within existing

15  urban areas and which also allows for the conversion of rural

16  lands to other uses, where appropriate and consistent with the

17  other provisions of this part and the affected local

18  comprehensive plans, through the application of innovative and

19  flexible planning and development strategies and creative land

20  use planning techniques, which may include, but not be limited

21  to, urban villages, new towns, satellite communities,

22  area-based allocations, clustering and open space provisions,

23  mixed-use development, and sector planning.

24         (c)  Lands classified in the future land use plan

25  element as agricultural, rural, open, open/rural, or a

26  substantively equivalent land use shall also be deemed

27  appropriate for innovative planning and development strategies

28  described in paragraphs (a) and (b) which the department

29  recognizes as methods for discouraging urban sprawl consistent

30  with the provisions of the state comprehensive plan, regional

31  policy plans, and this part.

                                  13

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (d)  The Department of Community Affairs, in

 2  conjunction with the Department of Agriculture and Consumer

 3  Services, shall, by no later than December 15, 2000, prepare

 4  and submit to the Governor, the Speaker of the House of

 5  Representatives, and the President of the Senate a report on a

 6  program of planning incentives, economic incentives, and other

 7  measures as may be necessary to facilitate the timely

 8  implementation of innovative planning and development

 9  strategies described in paragraphs (a), (b), and (c) while

10  protecting environmentally sensitive areas, maintaining the

11  economic viability of agriculture and other predominantly

12  rural land uses, and providing for the cost-efficient delivery

13  of public facilities and services. Such incentives and other

14  measures shall address the following:

15         1.  "Smart growth" strategies within rural areas which

16  proactively address both the pressures of population growth

17  and the substantial need for rural economic development.

18         2.  The importance of maintaining rural land values as

19  the cornerstone of maintaining a viable rural economy.

20         3.  Expression of the contents of paragraphs (a), (b),

21  and (c) in the form of practical and easily understood

22  planning guidelines.

23         4.  A rural lands stewardship program under which the

24  owners of rural property are encouraged to convey development

25  rights in exchange for smart growth development credits which

26  are transferable within rural areas in which innovative

27  development and strategies are applied as part of a pattern of

28  land use which protects environmentally sensitive areas,

29  maintains the economic viability of agriculture and other

30  predominantly rural land uses, and provides for the

31  cost-efficient delivery of public facilities and services.

                                  14

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         5.  Strategies and incentives to reward best management

 2  practices for agricultural activities consistent with the

 3  conservation and protection of environmentally sensitive areas

 4  and sound water management practices.

 5         6.  The coordination of state transportation

 6  facilities, including roadways, railways, and port and airport

 7  facilities, to provide for the transportation of agricultural

 8  products and supplies.

 9

10  The Department of Community Affairs shall also submit a copy

11  of such report to the Grow Smart Florida Study Commission by

12  December 15, 2000. The Department of Community Affairs and the

13  Department of Agriculture and Consumer Services shall

14  regularly report their progress on these issues to the

15  commission, cooperate and lend assistance to the commission,

16  and coordinate their final reporting to the Legislature to the

17  greatest extent possible.

18         (e)(c)  It is the further intent of the Legislature

19  that local government comprehensive plans and implementing

20  land development regulations shall provide strategies which

21  maximize the use of existing facilities and services through

22  redevelopment, urban infill development, and other strategies

23  for urban revitalization.

24         (f)(d)  The implementation of this subsection shall be

25  subject to the provisions of this chapter, chapters 186 and

26  187, and applicable agency rules.

27         (g)(e)  The department shall implement the provisions

28  of this subsection by rule.

29         Section 7.  Paragraph (g) of subsection (2) of section

30  163.3178, Florida Statutes, is amended to read:

31         163.3178  Coastal management.--

                                  15

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (2)  Each coastal management element required by s.

 2  163.3177(6)(g) shall be based on studies, surveys, and data;

 3  be consistent with coastal resource plans prepared and adopted

 4  pursuant to general or special law; and contain:

 5         (g)  A shoreline use component which identifies public

 6  access to beach and shoreline areas and addresses the need for

 7  water-dependent and water-related facilities, including

 8  marinas, along shoreline areas.  Local governments within

 9  counties identified in s. 370.12(2)(f) shall adopt a marina

10  siting plan as part of this component no later than October 1,

11  2001.

12         Section 8.  Subsections (3), (4), (6), (7), (8), and

13  (15) and paragraph (d) of subsection (16) of section 163.3184,

14  Florida Statutes, are amended to read:

15         163.3184  Process for adoption of comprehensive plan or

16  plan amendment.--

17         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

18  AMENDMENT.--

19         (a)  Each local governing body shall transmit the

20  complete proposed comprehensive plan or plan amendment to the

21  state land planning agency, the appropriate regional planning

22  council and water management district, the Department of

23  Environmental Protection, the Department of State, and the

24  Department of Transportation, and, in the case of municipal

25  plans, to the appropriate county, and, in the case of county

26  plans, to the Fish and Wildlife Conservation Commission and

27  the Department of Agriculture and Consumer Services,

28  immediately following a public hearing pursuant to subsection

29  (15) as specified in the state land planning agency's

30  procedural rules. The local governing body shall also transmit

31  a copy of the complete proposed comprehensive plan or plan

                                  16

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  amendment to any other unit of local government or government

 2  agency in the state that has filed a written request with the

 3  governing body for the plan or plan amendment. The local

 4  government may request a review by the state land planning

 5  agency pursuant to subsection (6) at the time of transmittal

 6  of an amendment.

 7         (b)  A local governing body shall not transmit portions

 8  of a plan or plan amendment unless it has previously provided

 9  to all state agencies designated by the state land planning

10  agency a complete copy of its adopted comprehensive plan

11  pursuant to subsection (7) and as specified in the agency's

12  procedural rules. In the case of comprehensive plan

13  amendments, the local governing body shall transmit to the

14  state land planning agency, the appropriate regional planning

15  council and water management district, the Department of

16  Environmental Protection, the Department of State, and the

17  Department of Transportation, and, in the case of municipal

18  plans, to the appropriate county, and, in the case of county

19  plans, to the Fish and Wildlife Conservation Commission and

20  the Department of Agriculture and Consumer Services, the

21  materials specified in the state land planning agency's

22  procedural rules and, in cases in which the plan amendment is

23  a result of an evaluation and appraisal report adopted

24  pursuant to s. 163.3191, a copy of the evaluation and

25  appraisal report. Local governing bodies shall consolidate all

26  proposed plan amendments into a single submission for each of

27  the two plan amendment adoption dates during the calendar year

28  pursuant to s. 163.3187.

29         (c)  A local government may adopt a proposed plan

30  amendment previously transmitted pursuant to this subsection,

31  unless review is requested or otherwise initiated pursuant to

                                  17

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  subsection (6).

 2         (d)  In cases in which a local government transmits

 3  multiple individual amendments that can be clearly and legally

 4  separated and distinguished for the purpose of determining

 5  whether to review the proposed amendment, and the state land

 6  planning agency elects to review several or a portion of the

 7  amendments and the local government chooses to immediately

 8  adopt the remaining amendments not reviewed, the amendments

 9  immediately adopted and any reviewed amendments that the local

10  government subsequently adopts together constitute one

11  amendment cycle in accordance with s. 163.3187(1).

12         (4)  INTERGOVERNMENTAL REVIEW.--If review of a proposed

13  comprehensive plan amendment is requested or otherwise

14  initiated pursuant to subsection (6), the state land planning

15  agency within 5 working days of determining that such a review

16  will be conducted shall transmit a copy of the proposed plan

17  amendment to various government agencies, as appropriate, for

18  response or comment, including, but not limited to, the

19  Department of Environmental Protection, the Department of

20  Transportation, the water management district, and the

21  regional planning council, and, in the case of municipal

22  plans, to the county land planning agency. The These

23  governmental agencies specified in paragraph (3)(a) shall

24  provide comments to the state land planning agency within 30

25  days after receipt by the state land planning agency of the

26  complete proposed plan amendment. The appropriate regional

27  planning council shall also provide its written comments to

28  the state land planning agency within 30 days after receipt by

29  the state land planning agency of the complete proposed plan

30  amendment and shall specify any objections, recommendations

31  for modifications, and comments of any other regional agencies

                                  18

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  to which the regional planning council may have referred the

 2  proposed plan amendment. Written comments submitted by the

 3  public within 30 days after notice of transmittal by the local

 4  government of the proposed plan amendment will be considered

 5  as if submitted by governmental agencies. All written agency

 6  and public comments must be made part of the file maintained

 7  under subsection (2).

 8         (6)  STATE LAND PLANNING AGENCY REVIEW.--

 9         (a)  The state land planning agency shall review a

10  proposed plan amendment upon request of a regional planning

11  council, affected person, or local government transmitting the

12  plan amendment. The request from the regional planning council

13  or affected person must be if the request is received within

14  30 days after transmittal of the proposed plan amendment

15  pursuant to subsection (3). The agency shall issue a report of

16  its objections, recommendations, and comments regarding the

17  proposed plan amendment. A regional planning council or

18  affected person requesting a review shall do so by submitting

19  a written request to the agency with a notice of the request

20  to the local government and any other person who has requested

21  notice.

22         (b)  The state land planning agency may review any

23  proposed plan amendment regardless of whether a request for

24  review has been made, if the agency gives notice to the local

25  government, and any other person who has requested notice, of

26  its intention to conduct such a review within 35 30 days of

27  receipt by the state land planning agency transmittal of the

28  complete proposed plan amendment pursuant to subsection (3).

29         (c)  The state land planning agency shall establish by

30  rule a schedule for receipt of comments from the various

31  government agencies, as well as written public comments,

                                  19

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  pursuant to subsection (4). If the state land planning agency

 2  elects to review the amendment or the agency is required to

 3  review the amendment as specified in paragraph (a), the agency

 4  shall issue a report of its objections, recommendations, and

 5  comments regarding the proposed amendment within 60 days of

 6  receipt of the complete proposed amendment by the state land

 7  planning agency. Proposed comprehensive plan amendments from

 8  small counties or rural communities for the purpose of job

 9  creation, economic development, or strengthening and

10  diversifying the economy shall receive priority review by the

11  state land planning agency. The state land planning agency

12  shall have 30 days to review comments from the various

13  government agencies along with a local government's

14  comprehensive plan or plan amendment. During that period, the

15  state land planning agency shall transmit in writing its

16  comments to the local government along with any objections and

17  any recommendations for modifications. When a federal, state,

18  or regional agency has implemented a permitting program, the

19  state land planning agency shall not require a local

20  government to duplicate or exceed that permitting program in

21  its comprehensive plan or to implement such a permitting

22  program in its land development regulations.  Nothing

23  contained herein shall prohibit the state land planning agency

24  in conducting its review of local plans or plan amendments

25  from making objections, recommendations, and comments or

26  making compliance determinations regarding densities and

27  intensities consistent with the provisions of this part. In

28  preparing its comments, the state land planning agency shall

29  only base its considerations on written, and not oral,

30  comments, from any source.

31         (d)  The state land planning agency review shall

                                  20

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  identify all written communications with the agency regarding

 2  the proposed plan amendment. If the state land planning agency

 3  does not issue such a review, it shall identify in writing to

 4  the local government all written communications received 30

 5  days after transmittal. The written identification must

 6  include a list of all documents received or generated by the

 7  agency, which list must be of sufficient specificity to enable

 8  the documents to be identified and copies requested, if

 9  desired, and the name of the person to be contacted to request

10  copies of any identified document. The list of documents must

11  be made a part of the public records of the state land

12  planning agency.

13         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF

14  PLAN OR AMENDMENTS AND TRANSMITTAL.--The local government

15  shall review the written comments submitted to it by the state

16  land planning agency, and any other person, agency, or

17  government.  Any comments, recommendations, or objections and

18  any reply to them shall be public documents, a part of the

19  permanent record in the matter, and admissible in any

20  proceeding in which the comprehensive plan or plan amendment

21  may be at issue.  The local government, upon receipt of

22  written comments from the state land planning agency, shall

23  have 120 days to adopt or adopt with changes the proposed

24  comprehensive plan or s. 163.3191 plan amendments.  In the

25  case of comprehensive plan amendments other than those

26  proposed pursuant to s. 163.3191, the local government shall

27  have 60 days to adopt the amendment, adopt the amendment with

28  changes, or determine that it will not adopt the amendment.

29  The adoption of the proposed plan or plan amendment or the

30  determination not to adopt a plan amendment, other than a plan

31  amendment proposed pursuant to s. 163.3191, shall be made in

                                  21

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  the course of a public hearing pursuant to subsection (15).

 2  The local government shall transmit the complete adopted

 3  comprehensive plan or adopted plan amendment to the state land

 4  planning agency as specified in the agency's procedural rules

 5  within 10 working days after adoption, including the names and

 6  addresses of persons compiled pursuant to paragraph (15)(c).

 7  The local governing body shall also transmit a copy of the

 8  adopted comprehensive plan or plan amendment to the regional

 9  planning agency and to any other unit of local government or

10  governmental agency in the state that has filed a written

11  request with the governing body for a copy of the plan or plan

12  amendment.

13         (8)  NOTICE OF INTENT.--

14         (a)  Except as provided in s. 163.3187(3), the state

15  land planning agency, upon receipt of a local government's

16  complete adopted comprehensive plan or plan amendment, shall

17  have 45 days for review and to determine if the plan or plan

18  amendment is in compliance with this act, unless the amendment

19  is the result of a compliance agreement entered into under

20  subsection (16), in which case the time period for review and

21  determination shall be 30 days.  If review was not conducted

22  under subsection (6), the agency's determination must be based

23  upon the plan amendment as adopted.  If review was conducted

24  under subsection (6), the agency's determination of compliance

25  must be based only upon one or both of the following:

26         1.  The state land planning agency's written comments

27  to the local government pursuant to subsection (6); or

28         2.  Any changes made by the local government to the

29  comprehensive plan or plan amendment as adopted.

30         (b)  During the time period provided for in this

31  subsection, the state land planning agency shall issue,

                                  22

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  through a senior administrator or the secretary, as specified

 2  in the agency's procedural rules, a notice of intent to find

 3  that the plan or plan amendment is in compliance or not in

 4  compliance. A notice of intent shall be issued by publication

 5  in the manner provided by this paragraph and by mailing a copy

 6  to the local government and to persons who request notice.

 7  The required advertisement shall be no less than 2 columns

 8  wide by 10 inches long, and the headline in the advertisement

 9  shall be in a type no smaller than 12 point. The advertisement

10  shall not be placed in that portion of the newspaper where

11  legal notices and classified advertisements appear.  The

12  advertisement shall be published in a newspaper which meets

13  the size and circulation requirements set forth in paragraph

14  (15)(d)(c) and which has been designated in writing by the

15  affected local government at the time of transmittal of the

16  amendment. Publication by the state land planning agency of a

17  notice of intent in the newspaper designated by the local

18  government shall be prima facie evidence of compliance with

19  the publication requirements of this section.

20         (c)  The state land planning agency shall post a copy

21  of the notice of intent on the agency's Internet site. The

22  agency shall, no later than the date the notice of intent is

23  transmitted to the newspaper, mail a courtesy informational

24  statement to the persons whose names and mailing addresses

25  were compiled pursuant to paragraph (15)(c). The informational

26  statement shall include the identity of the newspaper in which

27  the notice of intent will appear, the approximate date of

28  publication of the notice of intent, the ordinance number of

29  the plan or plan amendment, and a statement that the

30  informational statement is provided as a courtesy to the

31  person and that affected persons have 21 days from the actual

                                  23

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  date of publication of the notice to file a petition. The

 2  informational statement shall be sent by regular mail and

 3  shall not affect the timeframes in subsections (9) and (10).

 4         (15)  PUBLIC HEARINGS.--

 5         (a)  The procedure for transmittal of a complete

 6  proposed comprehensive plan or plan amendment pursuant to

 7  subsection (3) and for adoption of a comprehensive plan or

 8  plan amendment pursuant to subsection (7) shall be by

 9  affirmative vote of not less than a majority of the members of

10  the governing body present at the hearing.  The adoption of a

11  comprehensive plan or plan amendment shall be by ordinance.

12  For the purposes of transmitting or adopting a comprehensive

13  plan or plan amendment, the notice requirements in chapters

14  125 and 166 are superseded by this subsection, except as

15  provided in this part.

16         (b)  The local governing body shall hold at least two

17  advertised public hearings on the proposed comprehensive plan

18  or plan amendment as follows:

19         1.  The first public hearing shall be held at the

20  transmittal stage pursuant to subsection (3).  It shall be

21  held on a weekday at least 7 days after the day that the first

22  advertisement is published.

23         2.  The second public hearing shall be held at the

24  adoption stage pursuant to subsection (7).  It shall be held

25  on a weekday at least 5 days after the day that the second

26  advertisement is published.

27         (c)  The local government shall provide a sign-in form

28  at the transmittal hearing and at the adoption hearing for

29  persons to provide their name and mailing address. The sign-in

30  form shall state that any person providing the requested

31  information will receive a courtesy informational statement

                                  24

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  concerning publication of the state land planning agency's

 2  notice of intent. The local government shall add to the

 3  sign-in form the name and address of any person who submits

 4  written comments concerning the proposed plan or plan

 5  amendment during the time period between the commencement of

 6  the transmittal hearing and the end of the adoption hearing.

 7  It shall be the responsibility of the person completing the

 8  form or providing written comments to accurately, completely,

 9  and legibly provide all information required to receive the

10  courtesy informational statement. The agency shall adopt rules

11  to provide a model sign-in form and the format for providing

12  the list to the agency.

13         (d)(c)  If the proposed comprehensive plan or plan

14  amendment changes the actual list of permitted, conditional,

15  or prohibited uses within a future land use category or

16  changes the actual future land use map designation of a parcel

17  or parcels of land, the required advertisements shall be in

18  the format prescribed by s. 125.66(4)(b)2. for a county or by

19  s. 166.041(3)(c)2.b. for a municipality.

20         (16)  COMPLIANCE AGREEMENTS.--

21         (d)  A local government may adopt a plan amendment

22  pursuant to a compliance agreement in accordance with the

23  requirements of paragraph (15)(a). The plan amendment shall be

24  exempt from the requirements of subsections (2) through (7).

25  The local government shall hold a single adoption public

26  hearing pursuant to the requirements of subparagraph (15)(b)2.

27  and paragraph (15)(d)(c). Within 10 working days after

28  adoption of a plan amendment, the local government shall

29  transmit the amendment to the state land planning agency as

30  specified in the agency's procedural rules, and shall submit

31  one copy to the regional planning agency and to any other unit

                                  25

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  of local government or government agency in the state that has

 2  filed a written request with the governing body for a copy of

 3  the plan amendment, and one copy to any party to the

 4  proceeding under ss. 120.569 and 120.57 granted intervenor

 5  status.

 6         Section 9.  Paragraph (c) of subsection (1) of section

 7  163.3187, Florida Statutes, is amended to read:

 8         163.3187  Amendment of adopted comprehensive plan.--

 9         (1)  Amendments to comprehensive plans adopted pursuant

10  to this part may be made not more than two times during any

11  calendar year, except:

12         (c)  Any local government comprehensive plan amendments

13  directly related to proposed small scale development

14  activities may be approved without regard to statutory limits

15  on the frequency of consideration of amendments to the local

16  comprehensive plan.  A small scale development amendment may

17  be adopted only under the following conditions:

18         1.  The proposed amendment involves a use of 10 acres

19  or fewer, except that a proposed amendment may involve a use

20  of 20 acres or fewer if located within an area designated in

21  the local comprehensive plan for urban infill, urban

22  redevelopment, or downtown revitalization as defined in s.

23  163.3164, urban infill and redevelopment areas designated

24  under s. 163.2517, transportation concurrency exception areas

25  approved pursuant to s. 163.3180(5), or regional activity

26  centers and urban central business districts approved pursuant

27  to s. 380.06(2)(e), and:

28         a.  The cumulative annual effect of the acreage for all

29  small scale development amendments adopted by the local

30  government does shall not exceed:

31         (I)  A maximum of 150 120 acres in the a local

                                  26

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  government that contains areas specifically designated in the

 2  local comprehensive plan for urban infill, urban

 3  redevelopment, or downtown revitalization as defined in s.

 4  163.3164, urban infill and redevelopment areas designated

 5  under s. 163.2517, transportation concurrency exception areas

 6  approved pursuant to s. 163.3180(5), or regional activity

 7  centers and urban central business districts approved pursuant

 8  to s. 380.06(2)(e); however, amendments under this paragraph

 9  may be applied to no more than 60 acres annually of property

10  outside the designated areas listed in this

11  sub-sub-subparagraph.

12         (II)  A maximum of 80 acres in a local government that

13  does not contain any of the designated areas set forth in

14  sub-sub-subparagraph (I).

15         (II)(III)  A maximum of 200 120 acres in a county

16  established pursuant to s. 9, Art. VIII of the Constitution of

17  1885, as preserved by s. 6(e), Art. VIII of the revised state

18  constitution.

19         b.  The proposed amendment does not involve the same

20  property granted a change within the prior 12 months.

21         c.  The proposed amendment does not involve the same

22  owner's property within 200 feet of property granted a change

23  within the prior 12 months.

24         d.  The proposed amendment does not involve a text

25  change to the goals, policies, and objectives of the local

26  government's comprehensive plan, but only proposes a land use

27  change to the future land use map for a site-specific small

28  scale development activity.

29         e.  The property that is the subject of the proposed

30  amendment is not located within an area of critical state

31  concern, unless the project subject to the proposed amendment

                                  27

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  involves the construction of affordable housing units meeting

 2  the criteria of s. 420.0004(3), and is located within an area

 3  of critical state concern designated by s. 380.0552 or by the

 4  Administration Commission pursuant to s. 380.05(1).  Such

 5  amendment is not subject to the density limitations of

 6  sub-subparagraph f., and shall be reviewed by the state land

 7  planning agency for consistency with the principles for

 8  guiding development applicable to the area of critical state

 9  concern where the property that is the subject of the

10  amendment is located, and shall not become effective until a

11  final order is issued under s. 380.05(6).

12         f.  If The proposed amendment does not involve involves

13  a residential land use within the coastal high hazard area

14  with, the residential land use has a density exceeding of 10

15  units or less per acre., except that this limitation does not

16  apply to small scale amendments described in

17  sub-sub-subparagraph a.(I) that are designated in the local

18  comprehensive plan for urban infill, urban redevelopment, or

19  downtown revitalization as defined in s. 163.3164, urban

20  infill and redevelopment areas designated under s. 163.2517,

21  transportation concurrency exception areas approved pursuant

22  to s. 163.3180(5), or regional activity centers and urban

23  central business districts approved pursuant to s.

24  380.06(2)(e).

25         2.a.  A local government that proposes to consider a

26  plan amendment pursuant to this paragraph is not required to

27  comply with the procedures and public notice requirements of

28  s. 163.3184(15)(d)(c) for such plan amendments if the local

29  government complies with the provisions in s. 125.66(4)(a) for

30  a county or in s. 166.041(3)(c) for a municipality. If a

31  request for a plan amendment under this paragraph is initiated

                                  28

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  by other than the local government, public notice is required.

 2         b.  The local government shall send copies of the

 3  notice and amendment to the state land planning agency, the

 4  regional planning council, and any other person or entity

 5  requesting a copy.  This information shall also include a

 6  statement identifying any property subject to the amendment

 7  that is located within a coastal high hazard area as

 8  identified in the local comprehensive plan.

 9         3.  Small scale development amendments adopted pursuant

10  to this paragraph require only one public hearing before the

11  governing board, which shall be an adoption hearing as

12  described in s. 163.3184(7), and are not subject to the

13  requirements of s. 163.3184(3)-(6) unless the local government

14  elects to have them subject to those requirements.

15         Section 10.  Section 163.3215, Florida Statutes, is

16  amended to read:

17         163.3215  Standing to enforce local comprehensive plans

18  through development orders.--

19         (1)  Any aggrieved or adversely affected party may

20  maintain an action for injunctive or other relief against any

21  local government to prevent such local government from taking

22  any action on a development order, as defined in s. 163.3164,

23  which materially alters the use or density or intensity of use

24  on a particular piece of property, to challenge the local

25  government's determination regarding the consistency of the

26  development order that is not consistent with the

27  comprehensive plan adopted under this part. Such action shall

28  be filed no later than 30 days following rendition of a

29  development order or other written decision.

30         (2)  "Aggrieved or adversely affected party" means any

31  person or local government which will suffer an adverse effect

                                  29

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  to an interest protected or furthered by the local government

 2  comprehensive plan, including interests related to health and

 3  safety, police and fire protection service systems, densities

 4  or intensities of development, transportation facilities,

 5  health care facilities, equipment or services, or

 6  environmental or natural resources.  The alleged adverse

 7  interest may be shared in common with other members of the

 8  community at large, but shall exceed in degree the general

 9  interest in community good shared by all persons. The term

10  includes the owner, developer, or applicant for a development

11  order.

12         (3)(a)  No suit may be maintained under this section

13  challenging the approval or denial of a zoning, rezoning,

14  planned unit development, variance, special exception,

15  conditional use, or other development order granted prior to

16  October 1, 1985, or applied for prior to July 1, 1985.

17         (b)  Suit under this section shall be the sole action

18  available to challenge the consistency of any a development

19  order with a comprehensive plan adopted under this part. The

20  local government that issued the development order and the

21  applicant for the development order, if suit is brought by an

22  aggrieved or adversely affected party, shall be named as

23  respondents in any proceeding pursuant to this section.

24         (4)  If a local government adopts an ordinance

25  establishing, at a minimum, the components of its local

26  development review process listed in this subsection, then the

27  sole action for an aggrieved or adversely affected party to

28  challenge consistency of a development order with the

29  comprehensive plan shall be by a petition for certiorari filed

30  in circuit court. The court shall have the authority to order

31  injunctive or such other relief as it deems appropriate.

                                  30

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  Minimum components of the local process shall be as follows:

 2         (a)  Notice by publication and by mailed notice to all

 3  abutting property owners simultaneous with the filing of

 4  application for development review.

 5         (b)  An opportunity to participate in the process for

 6  an aggrieved or adversely affected party which provides a

 7  reasonable time to prepare and present a case.

 8         (c)  An opportunity for reasonable discovery prior to a

 9  quasi-judicial hearing.

10         (d)  A hearing before an independent special master,

11  who shall be an attorney with at least 5 years' experience,

12  and who shall, at conclusion of the hearing, recommend written

13  findings of fact and conclusions of law.

14         (e)  At the hearing all parties shall have the

15  opportunity to respond, to present evidence and argument on

16  all issues involved, and to conduct cross examination and

17  submit rebuttal evidence.

18         (f)  The standard of review applied by the special

19  master shall be in accordance with Florida law.

20         (g)  A hearing before the local government, which shall

21  be bound by the special master's findings of fact unless not

22  supported by competent substantial evidence, but which shall

23  not be bound by the conclusions of law if it finds that the

24  special master's application or interpretation of law is

25  erroneous. As a condition precedent to the institution of an

26  action pursuant to this section, the complaining party shall

27  first file a verified complaint with the local government

28  whose actions are complained of setting forth the facts upon

29  which the complaint is based and the relief sought by the

30  complaining party.  The verified complaint shall be filed no

31  later than 30 days after the alleged inconsistent action has

                                  31

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  been taken.  The local government receiving the complaint

 2  shall respond within 30 days after receipt of the complaint.

 3  Thereafter, the complaining party may institute the action

 4  authorized in this section.  However, the action shall be

 5  instituted no later than 30 days after the expiration of the

 6  30-day period which the local government has to take

 7  appropriate action.  Failure to comply with this subsection

 8  shall not bar an action for a temporary restraining order to

 9  prevent immediate and irreparable harm from the actions

10  complained of.

11         (5)  Venue in any cases brought under this section

12  shall lie in the county or counties where the actions or

13  inactions giving rise to the cause of action are alleged to

14  have occurred.

15         (6)  The signature of an attorney or party constitutes

16  a certificate that he or she has read the pleading, motion, or

17  other paper and that, to the best of his or her knowledge,

18  information, and belief formed after reasonable inquiry, it is

19  not interposed for any improper purpose, such as to harass or

20  to cause unnecessary delay or for economic advantage,

21  competitive reasons or frivolous purposes or needless increase

22  in the cost of litigation.  If a pleading, motion, or other

23  paper is signed in violation of these requirements, the court,

24  upon motion or its own initiative, shall impose upon the

25  person who signed it, a represented party, or both, an

26  appropriate sanction, which may include an order to pay to the

27  other party or parties the amount of reasonable expenses

28  incurred because of the filing of the pleading, motion, or

29  other paper, including a reasonable attorney's fee.

30         (7)  In any action under this section, no settlement

31  shall be entered into by the local government unless the terms

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  of the settlement have been the subject of a public hearing

 2  after notice as required by this part.

 3         (8)  In any suit under this section, the Department of

 4  Legal Affairs may intervene to represent the interests of the

 5  state.

 6         Section 11.  Section 163.3245, Florida Statutes, is

 7  amended to read:

 8         163.3245  Optional sector plans.--

 9         (1)  In recognition of the benefits of conceptual

10  long-range planning for the buildout of an area, and detailed

11  planning for specific areas, as a demonstration project, the

12  requirements of s. 380.06 may be addressed as identified by

13  this section for up to five local governments or combinations

14  of local governments which adopt into the comprehensive plan

15  an optional sector plan in accordance with this section. This

16  section is intended to further the intent of s. 163.3177(11),

17  which supports innovative and flexible planning and

18  development strategies, and the purposes of this part, and

19  part I of chapter 380, and to avoid duplication of effort in

20  terms of the level of data and analysis required for a

21  development of regional impact, while ensuring the adequate

22  mitigation of impacts to applicable regional resources and

23  facilities, including those within the jurisdiction of other

24  local governments, as would otherwise be provided. Optional

25  sector plans are intended for substantial geographic areas

26  including at least 5,000 acres of one or more local

27  governmental jurisdictions and are to emphasize urban form and

28  protection of regionally significant resources and facilities.

29  The state land planning agency may approve optional sector

30  plans of less than 5,000 acres based on local circumstances if

31  it is determined that the plan would further the purposes of

                                  33

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  this part and part I of chapter 380. Preparation of an

 2  optional sector plan is authorized by agreement between the

 3  state land planning agency and the applicable local

 4  governments under s. 163.3171(4). An optional sector plan may

 5  be adopted through one or more comprehensive plan amendments

 6  under s. 163.3184. However, an optional sector plan may not be

 7  authorized in an area of critical state concern.

 8         (2)  The state land planning agency may enter into an

 9  agreement to authorize preparation of an optional sector plan

10  upon the request of one or more local governments based on

11  consideration of problems and opportunities presented by

12  existing development trends; the effectiveness of current

13  comprehensive plan provisions; the potential to further the

14  state comprehensive plan, applicable strategic regional policy

15  plans, this part, and part I of chapter 380; and those factors

16  identified by s. 163.3177(10)(i). The applicable regional

17  planning council shall conduct a scoping meeting with affected

18  local governments and those agencies identified in s.

19  163.3184(3)(a)(4) before execution of the agreement authorized

20  by this section. The purpose of this meeting is to assist the

21  state land planning agency and the local government in the

22  identification of the relevant planning issues to be addressed

23  and the data and resources available to assist in the

24  preparation of subsequent plan amendments. The regional

25  planning council shall make written recommendations to the

26  state land planning agency and affected local governments,

27  including whether an optional a sustainable sector plan would

28  be appropriate. The agreement must define the geographic area

29  to be subject to the sector plan, the planning issues that

30  will be emphasized, requirements for intergovernmental

31  coordination to address extrajurisdictional impacts,

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  supporting application materials including data and analysis,

 2  and procedures for public participation. An agreement may

 3  address previously adopted sector plans that are consistent

 4  with the standards in this section. Before executing an

 5  agreement under this subsection, the local government shall

 6  hold a duly noticed public workshop to review and explain to

 7  the public the optional sector planning process and the terms

 8  and conditions of the proposed agreement. The local government

 9  shall hold a duly noticed public hearing on whether to execute

10  the agreement. All meetings between the department and the

11  local government must be open to the public.

12         (3)  Optional sector planning encompasses two levels:

13  adoption under s. 163.3184 of a conceptual long-term buildout

14  overlay to the comprehensive plan, having no immediate effect

15  on the issuance of development orders or the applicability of

16  s. 380.06, and adoption under s. 163.3184 of detailed specific

17  area plans that implement the conceptual long-term buildout

18  overlay and authorize issuance of development orders, and

19  within which s. 380.06 is waived. Until such time as a

20  detailed specific area plan is adopted, the underlying future

21  land use designations apply.

22         (a)  In addition to the other requirements of this

23  chapter, a conceptual long-term buildout overlay must include:

24         1.  A long-range conceptual framework map that at a

25  minimum identifies anticipated areas of urban, agricultural,

26  rural, and conservation land use.

27         2.  Identification of regionally significant public

28  facilities consistent with chapter 9J-2, Florida

29  Administrative Code, irrespective of local governmental

30  jurisdiction necessary to support buildout of the anticipated

31  future land uses.

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         3.  Identification of regionally significant natural

 2  resources consistent with chapter 9J-2, Florida Administrative

 3  Code.

 4         4.  Principles and guidelines that address the urban

 5  form and interrelationships of anticipated future land uses

 6  and a discussion, at the applicant's option, of the extent, if

 7  any, to which the plan will address restoring key ecosystems,

 8  achieving a more clean, healthy environment, limiting urban

 9  sprawl, protecting wildlife and natural areas, advancing the

10  efficient use of land and other resources, and creating

11  quality communities and jobs.

12         5.  Identification of general procedures to ensure

13  intergovernmental coordination to address extrajurisdictional

14  impacts from the long-range conceptual framework map.

15         (b)  In addition to the other requirements of this

16  chapter, including those in paragraph (a), the detailed

17  specific area plans must include:

18         1.  An area of adequate size to accommodate a level of

19  development which achieves a functional relationship between a

20  full range of land uses within the area and to encompass at

21  least 1,000 acres. The state land planning agency may approve

22  detailed specific area plans of less than 1,000 acres based on

23  local circumstances if it is determined that the plan furthers

24  the purposes of this part and part I of chapter 380.

25         2.  Detailed identification and analysis of the

26  distribution, extent, and location of future land uses.

27         3.  Detailed identification of regionally significant

28  public facilities, including public facilities outside the

29  jurisdiction of the host local government, anticipated impacts

30  of future land uses on those facilities, and required

31  improvements to maintain adopted level of service standards

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  consistent with chapter 9J-2, Florida Administrative Code.

 2         4.  Public facilities necessary for the short term,

 3  including developer contributions in a financially feasible

 4  5-year capital improvement schedule of the affected local

 5  government.

 6         5.  Detailed analysis and identification of specific

 7  measures to assure the protection of regionally significant

 8  natural resources and other important resources both within

 9  and outside the host jurisdiction, including those regionally

10  significant resources identified in chapter 9J-2, Florida

11  Administrative Code.

12         6.  Principles and guidelines that address the urban

13  form and interrelationships of anticipated future land uses

14  and a discussion, at the applicant's option, of the extent, if

15  any, to which the plan will address restoring key ecosystems,

16  achieving a more clean, healthy environment, limiting urban

17  sprawl, protecting wildlife and natural areas, advancing the

18  efficient use of land and other resources, and creating

19  quality communities and jobs.

20         7.  Identification of specific procedures to ensure

21  intergovernmental coordination to address extrajurisdictional

22  impacts of the detailed specific area plan.

23         (c)  This subsection may not be construed to prevent

24  preparation and approval of the optional sector plan and

25  detailed specific area plan concurrently or in the same

26  submission.

27         (4)  The host local government shall submit a

28  monitoring report to the state land planning agency and

29  applicable regional planning council on an annual basis after

30  adoption of a detailed specific area plan. The annual

31  monitoring report must provide summarized information on

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  development orders issued, development that has occurred,

 2  public facility improvements made, and public facility

 3  improvements anticipated over the upcoming 5 years.

 4         (5)  When a plan amendment adopting a detailed specific

 5  area plan has become effective under ss. 163.3184 and

 6  163.3189(2), the provisions of s. 380.06 do not apply to

 7  development within the geographic area of the detailed

 8  specific area plan. Should this section be repealed, any

 9  approved development within a detailed specific area plan

10  shall maintain its exemption from s. 380.06. However, any

11  development-of-regional-impact development order that is

12  vested from the detailed specific area plan may be enforced

13  under s. 380.11.

14         (a)  The local government adopting the detailed

15  specific area plan is primarily responsible for monitoring and

16  enforcing the detailed specific area plan. Local governments

17  shall not issue any permits or approvals or provide any

18  extensions of services to development that are not consistent

19  with the detailed specific sector area plan.

20         (b)  If the state land planning agency has reason to

21  believe that a violation of any detailed specific area plan,

22  or of any agreement entered into under this section, has

23  occurred or is about to occur, it may institute an

24  administrative or judicial proceeding to prevent, abate, or

25  control the conditions or activity creating the violation,

26  using the procedures in s. 380.11.

27         (c)  In instituting an administrative or judicial

28  proceeding involving an optional sector plan or detailed

29  specific area plan, including a proceeding pursuant to

30  paragraph (b), the complaining party shall comply with the

31  requirements of s. 163.3215(4), (5), (6), and (7).

                                  38

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (6)  Beginning December 1, 1999, and each year

 2  thereafter, the department shall provide a status report to

 3  the Legislative Committee on Intergovernmental Relations

 4  regarding each optional sector plan authorized under this

 5  section.

 6         (7)  This section may not be construed to abrogate the

 7  rights of any person under this chapter.

 8         Section 12.  Section 166.0498, Florida Statutes, is

 9  created to read:

10         166.0498  Right of citizens to petition elected

11  officials.--No citizen shall be denied his or her

12  constitutional right to petition any elected official in

13  public or private. This provision shall preempt any other

14  special act or general law to the contrary.

15         Section 13.  Subsection (1) of section 166.231, Florida

16  Statutes, is amended to read:

17         166.231  Municipalities; public service tax.--

18         (1)(a)  A municipality may levy a tax on the purchase

19  of electricity, metered natural gas, liquefied petroleum gas

20  either metered or bottled, manufactured gas either metered or

21  bottled, and water service. Except for those municipalities to

22  which paragraph (c) applies, the tax shall be levied only upon

23  purchases within the municipality and shall not exceed 10

24  percent of the payments received by the seller of the taxable

25  item from the purchaser for the purchase of such service.

26  Municipalities imposing a tax on the purchase of cable

27  television service as of May 4, 1977, may continue to levy

28  such tax to the extent necessary to meet all obligations to or

29  for the benefit of holders of bonds or certificates which were

30  issued prior to May 4, 1977.  Purchase of electricity means

31  the purchase of electric power by a person who will consume it

                                  39

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  within the municipality.

 2         (b)  The tax imposed by paragraph (a) shall not be

 3  applied against any fuel adjustment charge, and such charge

 4  shall be separately stated on each bill. The term "fuel

 5  adjustment charge" means all increases in the cost of utility

 6  services to the ultimate consumer resulting from an increase

 7  in the cost of fuel to the utility subsequent to October 1,

 8  1973.

 9         (c)  The tax imposed by paragraph (a) on water service

10  may be applied outside municipal boundaries to property

11  included in a development of regional impact approved pursuant

12  to s. 380.06, if agreed to in writing by the developer of such

13  property and the municipality prior to March 31, 2000. If a

14  tax levied pursuant to this paragraph is challenged, recovery,

15  if any, shall be limited to moneys paid into an escrow account

16  of the clerk of the court subsequent to such challenge.

17         Section 14.  Paragraphs (c) and (g) of subsection (15),

18  and subsections (18) and (19) of section 380.06, Florida

19  Statutes, are amended, and paragraphs (i), (j), and (k) are

20  added to subsection (24) of said section, to read:

21         380.06  Developments of regional impact.--

22         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

23         (c)  The development order shall include findings of

24  fact and conclusions of law consistent with subsections (13)

25  and (14). The development order:

26         1.  Shall specify the monitoring procedures and the

27  local official responsible for assuring compliance by the

28  developer with the development order.

29         2.  Shall establish compliance dates for the

30  development order, including a deadline for commencing

31  physical development and for compliance with conditions of

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  approval or phasing requirements, and shall include a

 2  termination date that reasonably reflects the time required to

 3  complete the development.

 4         3.  Shall establish a date until which the local

 5  government agrees that the approved development of regional

 6  impact shall not be subject to downzoning, unit density

 7  reduction, or intensity reduction, unless the local government

 8  can demonstrate that substantial changes in the conditions

 9  underlying the approval of the development order have occurred

10  or the development order was based on substantially inaccurate

11  information provided by the developer or that the change is

12  clearly established by local government to be essential to the

13  public health, safety, or welfare.

14         4.  Shall specify the requirements for the biennial

15  annual report designated under subsection (18), including the

16  date of submission, parties to whom the report is submitted,

17  and contents of the report, based upon the rules adopted by

18  the state land planning agency.  Such rules shall specify the

19  scope of any additional local requirements that may be

20  necessary for the report.

21         5.  May specify the types of changes to the development

22  which shall require submission for a substantial deviation

23  determination under subsection (19).

24         6.  Shall include a legal description of the property.

25         (g)  A local government shall not issue permits for

26  development subsequent to the termination date or expiration

27  date contained in the development order unless:

28         1.  The proposed development has been evaluated

29  cumulatively with existing development under the substantial

30  deviation provisions of subsection (19) subsequent to the

31  termination or expiration date;

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         2.  The proposed development is consistent with an

 2  abandonment of development order that has been issued in

 3  accordance with the provisions of subsection (26); or

 4         3.  The project has been determined to be an

 5  essentially built-out development of regional impact through

 6  an agreement executed by the developer, the state land

 7  planning agency, and the local government, in accordance with

 8  s. 380.032, which will establish the terms and conditions

 9  under which the development may be continued.  If the project

10  is determined to be essentially built-out, development may

11  proceed pursuant to the s. 380.032 agreement after the

12  termination or expiration date contained in the development

13  order without further development-of-regional-impact review

14  subject to the local government comprehensive plan and land

15  development regulations or subject to a modified

16  development-of-regional-impact analysis.  As used in this

17  paragraph, an "essentially built-out" development of regional

18  impact means:

19         a.  The development is in compliance with all

20  applicable terms and conditions of the development order

21  except the built-out date; and

22         b.(I)  The amount of development that remains to be

23  built is less than the substantial deviation threshold

24  specified in paragraph (19)(b) for each individual land use

25  category, or, for a multiuse development, the sum total of all

26  unbuilt land uses as a percentage of the applicable

27  substantial deviation threshold is equal to or less than 150

28  100 percent; or

29         (II)  The state land planning agency and the local

30  government have agreed in writing that the amount of

31  development to be built does not create the likelihood of any

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  additional regional impact not previously reviewed.

 2         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

 3  submit a biennial an annual report on the development of

 4  regional impact to the local government, the regional planning

 5  agency, the state land planning agency, and all affected

 6  permit agencies in alternate years on the date specified in

 7  the development order, unless the development order by its

 8  terms requires more frequent monitoring.  If the annual report

 9  is not received, the regional planning agency or the state

10  land planning agency shall notify the local government.  If

11  the local government does not receive the annual report or

12  receives notification that the regional planning agency or the

13  state land planning agency has not received the report, the

14  local government shall request in writing that the developer

15  submit the report within 30 days.  The failure to submit the

16  report after 30 days shall result in the temporary suspension

17  of the development order by the local government. If no

18  additional development pursuant to the development order has

19  occurred since the submission of the previous report, then a

20  letter from the developer stating that no development has

21  occurred will satisfy the requirement for a report.

22  Development orders which require annual reports may be amended

23  to require biennial reports at the option of the local

24  government.

25         (19)  SUBSTANTIAL DEVIATIONS.--

26         (a)  Any proposed change to a previously approved

27  development which creates a reasonable likelihood of

28  additional regional impact, or any type of regional impact

29  created by the change not previously reviewed by the regional

30  planning agency, shall constitute a substantial deviation and

31  shall cause the development to be subject to further

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  development-of-regional-impact review. There are a variety of

 2  reasons why a developer may wish to propose changes to an

 3  approved development of regional impact, including changed

 4  market conditions.  The procedures set forth in this

 5  subsection are for that purpose.

 6         (b)  Any proposed change to a previously approved

 7  development of regional impact or development order condition

 8  which, either individually or cumulatively with other changes,

 9  exceeds any of the following criteria shall constitute a

10  substantial deviation and shall cause the development to be

11  subject to further development-of-regional-impact review

12  without the necessity for a finding of same by the local

13  government:

14         1.  An increase in the number of parking spaces at an

15  attraction or recreational facility by 5 percent or 300

16  spaces, whichever is greater, or an increase in the number of

17  spectators that may be accommodated at such a facility by 5

18  percent or 1,000 spectators, whichever is greater.

19         2.  A new runway, a new terminal facility, a 25-percent

20  lengthening of an existing runway, or a 25-percent increase in

21  the number of gates of an existing terminal, but only if the

22  increase adds at least three additional gates.  However, if an

23  airport is located in two counties, a 10-percent lengthening

24  of an existing runway or a 20-percent increase in the number

25  of gates of an existing terminal is the applicable criteria.

26         3.  An increase in the number of hospital beds by 5

27  percent or 60 beds, whichever is greater.

28         4.  An increase in industrial development area by 5

29  percent or 32 acres, whichever is greater.

30         5.  An increase in the average annual acreage mined by

31  5 percent or 10 acres, whichever is greater, or an increase in

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  the average daily water consumption by a mining operation by 5

 2  percent or 300,000 gallons, whichever is greater.  An increase

 3  in the size of the mine by 5 percent or 750 acres, whichever

 4  is less.

 5         6.  An increase in land area for office development by

 6  5 percent or 6 acres, whichever is greater, or an increase of

 7  gross floor area of office development by 5 percent or 60,000

 8  gross square feet, whichever is greater.

 9         7.  An increase in the storage capacity for chemical or

10  petroleum storage facilities by 5 percent, 20,000 barrels, or

11  7 million pounds, whichever is greater.

12         8.  An increase of development at a waterport of wet

13  storage for 20 watercraft, dry storage for 30 watercraft, or

14  wet wet/dry storage for 30 60 watercraft in an area identified

15  in the state marina siting plan as an appropriate site for

16  additional waterport development or a 5-percent increase in

17  watercraft storage capacity, whichever is greater.

18         9.  An increase in the number of dwelling units by 5

19  percent or 50 dwelling units, whichever is greater.

20         10.  An increase in commercial development by 6 acres

21  of land area or by 50,000 square feet of gross floor area, or

22  of parking spaces provided for customers for 300 cars or a

23  5-percent increase of any of these, whichever is greater.

24         11.  An increase in hotel or motel facility units by 5

25  percent or 75 units, whichever is greater.

26         12.  An increase in a recreational vehicle park area by

27  5 percent or 100 vehicle spaces, whichever is less.

28         13.  A decrease in the area set aside for open space of

29  5 percent or 20 acres, whichever is less.

30         14.  A proposed increase to an approved multiuse

31  development of regional impact where the sum of the increases

                                  45

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  of each land use as a percentage of the applicable substantial

 2  deviation criteria is equal to or exceeds 150 100 percent. The

 3  percentage of any decrease in the amount of open space shall

 4  be treated as an increase for purposes of determining when 150

 5  100 percent has been reached or exceeded.

 6         15.  A 15-percent increase in the number of external

 7  vehicle trips generated by the development above that which

 8  was projected during the original

 9  development-of-regional-impact review.

10         16.  Any change which would result in development of

11  any area which was specifically set aside in the application

12  for development approval or in the development order for

13  preservation or special protection of endangered or threatened

14  plants or animals designated as endangered, threatened, or

15  species of special concern and their habitat, primary dunes,

16  or archaeological and historical sites designated as

17  significant by the Division of Historical Resources of the

18  Department of State.  The further refinement of such areas by

19  survey shall be considered under sub-subparagraph (e)5.b.

20

21  The substantial deviation numerical standards in subparagraphs

22  4., 6., 10., 14., excluding residential uses, and 15., are

23  increased by 100 percent for a project certified under s.

24  403.973 which creates jobs and meets criteria established by

25  the Office of Tourism, Trade, and Economic Development as to

26  its impact on an area's economy, employment, and prevailing

27  wage and skill levels. The substantial deviation numerical

28  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

29  increased by 50 percent for a project located wholly within an

30  urban infill and redevelopment area designated on the

31  applicable adopted local comprehensive plan future land use

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  map and not located within the coastal high hazard area.

 2         (c)  An extension of the date of buildout of a

 3  development, or any phase thereof, by 7 or more years shall be

 4  presumed to create a substantial deviation subject to further

 5  development-of-regional-impact review.  An extension of the

 6  date of buildout, or any phase thereof, of 5 years or more but

 7  less than 7 years shall be presumed not to create a

 8  substantial deviation. These presumptions may be rebutted by

 9  clear and convincing evidence at the public hearing held by

10  the local government.  An extension of less than 7 5 years is

11  not a substantial deviation. For the purpose of calculating

12  when a buildout, phase, or termination date has been exceeded,

13  the time shall be tolled during the pendency of administrative

14  or judicial proceedings relating to development permits.  Any

15  extension of the buildout date of a project or a phase thereof

16  shall automatically extend the commencement date of the

17  project, the termination date of the development order, the

18  expiration date of the development of regional impact, and the

19  phases thereof by a like period of time.

20         (d)  A change in the plan of development of an approved

21  development of regional impact resulting from requirements

22  imposed by the Department of Environmental Protection or any

23  water management district created by s. 373.069 or any of

24  their successor agencies or by any appropriate federal

25  regulatory agency shall be submitted to the local government

26  pursuant to this subsection. The change shall be presumed not

27  to create a substantial deviation subject to further

28  development-of-regional-impact review. The presumption may be

29  rebutted by clear and convincing evidence at the public

30  hearing held by the local government.

31         (e)1.  A proposed change which, either individually or,

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  if there were previous changes, cumulatively with those

 2  changes, is equal to or exceeds 40 percent of the any

 3  numerical criterion in subparagraph (b)15. subparagraphs

 4  (b)1.-15., but which does not exceed such criterion, shall be

 5  presumed not to create a substantial deviation subject to

 6  further development-of-regional-impact review.  The

 7  presumption may be rebutted by clear and convincing evidence

 8  at the public hearing held by the local government pursuant to

 9  subparagraph (f)5.

10         2.  Except for a development order rendered pursuant to

11  subsection (22) or subsection (25), a proposed change to a

12  development order that individually or cumulatively with any

13  previous change is less than 40 percent of any numerical

14  criterion contained in subparagraphs (b)1.-14.15. and does not

15  exceed any other criterion is not a substantial deviation, or

16  that involves an extension of the buildout date of a

17  development, or any phase thereof, of less than 5 years is not

18  subject to the public hearing requirements of subparagraph

19  (f)3., and is not subject to a determination pursuant to

20  subparagraph (f)5.  Notice of the proposed change shall be

21  made to the local government and the regional planning council

22  and the state land planning agency. Such notice shall include

23  a description of previous individual changes made to the

24  development, including changes previously approved by the

25  local government, and shall include appropriate amendments to

26  the development order. The following changes, individually or

27  cumulatively with any previous changes, are not substantial

28  deviations:

29         a.  Changes in the name of the project, developer,

30  owner, or monitoring official.

31         b.  Changes to a setback that do not affect noise

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  buffers, environmental protection or mitigation areas, or

 2  archaeological or historical resources.

 3         c.  Changes to minimum lot sizes.

 4         d.  Changes in the configuration of internal roads that

 5  do not affect external access points.

 6         e.  Changes to the building design or orientation that

 7  stay approximately within the approved area designated for

 8  such building and parking lot, and which do not affect

 9  historical buildings designated as significant by the Division

10  of Historical Resources of the Department of State.

11         f.  Changes to increase the acreage in the development,

12  provided that no development is proposed on the acreage to be

13  added.

14         g.  Changes to eliminate an approved land use, provided

15  that there are no additional regional impacts.

16         h.  Changes required to conform to permits approved by

17  any federal, state, or regional permitting agency, provided

18  that these changes do not create additional regional impacts.

19         i.  Any other change which the state land planning

20  agency agrees in writing is similar in nature, impact, or

21  character to the changes enumerated in sub-subparagraphs a.-h.

22  and which does not create the likelihood of any additional

23  regional impact.

24

25  This subsection does not require a development order amendment

26  for any change listed in sub-subparagraphs a.-i. unless such

27  issue is addressed either in the existing development order or

28  in the application for development approval, but, in the case

29  of the application, only if, and in the manner in which, the

30  application is incorporated in the development order.

31         3.  Except for the change authorized by

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    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  sub-subparagraph 2.f., any addition of land not previously

 2  reviewed or any change not specified in paragraph (b) or

 3  paragraph (c) shall be presumed to create a substantial

 4  deviation.  This presumption may be rebutted by clear and

 5  convincing evidence.

 6         4.  Any submittal of a proposed change to a previously

 7  approved development shall include a description of individual

 8  changes previously made to the development, including changes

 9  previously approved by the local government.  The local

10  government shall consider the previous and current proposed

11  changes in deciding whether such changes cumulatively

12  constitute a substantial deviation requiring further

13  development-of-regional-impact review.

14         5.  The following changes to an approved development of

15  regional impact shall be presumed to create a substantial

16  deviation.  Such presumption may be rebutted by clear and

17  convincing evidence.

18         a.  A change proposed for 15 percent or more of the

19  acreage to a land use not previously approved in the

20  development order.  Changes of less than 15 percent shall be

21  presumed not to create a substantial deviation.

22         b.  Except for the types of uses listed in subparagraph

23  (b)16., any change which would result in the development of

24  any area which was specifically set aside in the application

25  for development approval or in the development order for

26  preservation, buffers, or special protection, including

27  habitat for plant and animal species, archaeological and

28  historical sites, dunes, and other special areas.

29         c.  Notwithstanding any provision of paragraph (b) to

30  the contrary, a proposed change consisting of simultaneous

31  increases and decreases of at least two of the uses within an

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  authorized multiuse development of regional impact which was

 2  originally approved with three or more uses specified in s.

 3  380.0651(3)(c), (d), (f), and (g) and residential use.

 4         (f)1.  The state land planning agency shall establish

 5  by rule standard forms for submittal of proposed changes to a

 6  previously approved development of regional impact which may

 7  require further development-of-regional-impact review.  At a

 8  minimum, the standard form shall require the developer to

 9  provide the precise language that the developer proposes to

10  delete or add as an amendment to the development order.

11         2.  The developer shall submit, simultaneously, to the

12  local government, the regional planning agency, and the state

13  land planning agency the request for approval of a proposed

14  change. Those changes described in subparagraph (e)2. do not

15  need to be submitted to the state land planning agency;

16  however, if the proposed change does not qualify under

17  subparagraph (e)2., the local government or the regional

18  planning agency shall request that the state land planning

19  agency review the proposed change.

20         3.  No sooner than 30 days but no later than 45 days

21  after submittal by the developer to the local government, the

22  state land planning agency, and the appropriate regional

23  planning agency, the local government shall give 15 days'

24  notice and schedule a public hearing to consider the change

25  that the developer asserts does not create a substantial

26  deviation. This public hearing shall be held within 90 days

27  after submittal of the proposed changes, unless that time is

28  extended by the developer.

29         4.  The appropriate regional planning agency or the

30  state land planning agency shall review the proposed change

31  and, no later than 45 days after submittal by the developer of

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  the proposed change, unless that time is extended by the

 2  developer, and prior to the public hearing at which the

 3  proposed change is to be considered, shall advise the local

 4  government in writing whether it objects to the proposed

 5  change, shall specify the reasons for its objection, if any,

 6  and shall provide a copy to the developer.  A change which is

 7  subject to the substantial deviation criteria specified in

 8  sub-subparagraph (e)5.c. shall not be subject to this

 9  requirement.

10         5.  At the public hearing, the local government shall

11  determine whether the proposed change requires further

12  development-of-regional-impact review.  The provisions of

13  paragraphs (a) and (e), the thresholds set forth in paragraph

14  (b), and the presumptions set forth in paragraphs (c) and (d)

15  and subparagraphs (e)1. and 3. shall be applicable in

16  determining whether further development-of-regional-impact

17  review is required.

18         6.  If the local government determines that the

19  proposed change does not require further

20  development-of-regional-impact review and is otherwise

21  approved, or if the proposed change is not subject to a

22  hearing and determination pursuant to subparagraphs 3. and 5.

23  and is otherwise approved, the local government shall issue an

24  amendment to the development order incorporating the approved

25  change and conditions of approval relating to the change. The

26  decision of the local government to approve, with or without

27  conditions, or to deny the proposed change that the developer

28  asserts does not require further review shall be subject to

29  the appeal provisions of s. 380.07. However, the state land

30  planning agency may not appeal the local government decision

31  if it did not comply with subparagraph 4., except for a change

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  to a development order made pursuant to subparagraph (e)2., if

 2  the approved change is not consistent with this and other

 3  provisions of this section. The state land planning agency may

 4  not appeal a change to a development order made pursuant to

 5  subparagraph (e)2. for developments of regional impact

 6  approved after January 1, 1980, unless the change would result

 7  in a significant impact to a regionally significant

 8  archaeological, historical, or natural resource not previously

 9  identified in the original development-of-regional-impact

10  review.

11         (g)  If a proposed change requires further

12  development-of-regional-impact review pursuant to this

13  section, the review shall be conducted subject to the

14  following additional conditions:

15         1.  The development-of-regional-impact review conducted

16  by the appropriate regional planning agency shall address only

17  those issues raised by the proposed change except as provided

18  in subparagraph 2.

19         2.  The regional planning agency shall consider, and

20  the local government shall determine whether to approve,

21  approve with conditions, or deny the proposed change as it

22  relates to the entire development.  If the local government

23  determines that the proposed change, as it relates to the

24  entire development, is unacceptable, the local government

25  shall deny the change.

26         3.  If the local government determines that the

27  proposed change, as it relates to the entire development,

28  should be approved, any new conditions in the amendment to the

29  development order issued by the local government shall address

30  only those issues raised by the proposed change.

31         4.  Development within the previously approved

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  development of regional impact may continue, as approved,

 2  during the development-of-regional-impact review in those

 3  portions of the development which are not affected by the

 4  proposed change.

 5         (h)  When further development-of-regional-impact review

 6  is required because a substantial deviation has been

 7  determined or admitted by the developer, the amendment to the

 8  development order issued by the local government shall be

 9  consistent with the requirements of subsection (15) and shall

10  be subject to the hearing and appeal provisions of s. 380.07.

11  The state land planning agency or the appropriate regional

12  planning agency need not participate at the local hearing in

13  order to appeal a local government development order issued

14  pursuant to this paragraph.

15         (24)  STATUTORY EXEMPTIONS.--

16         (i)  Any proposed facility for the storage of any

17  petroleum product is exempt from the provisions of this

18  section, if such facility is consistent with a local

19  comprehensive plan that is in compliance with s. 163.3177 or

20  is consistent with a comprehensive port master plan that is in

21  compliance with s. 163.3178.

22         (j)  Any development located within a detailed specific

23  area plan adopted pursuant to s. 163.3245 which is consistent

24  with the detailed specific area plan is exempt from the

25  provisions of this section. Should s. 163.3245 be repealed,

26  any approved development within a detailed specific area plan

27  shall maintain this exemption. However, any

28  development-of-regional-impact development order that is

29  vested from the detailed specific area plan may be enforced

30  under s. 380.11.

31         (k)  Development or expansion of an airport or

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  airport-related or aviation-related development is exempt from

 2  the provisions of this section when such development,

 3  expansion, project, or facility is consistent with an adopted

 4  airport master plan that is in compliance with s.

 5  163.3177(6)(j) and (k).

 6         Section 15.  Paragraphs (d), (e), and (j) of subsection

 7  (3) of section 380.0651, Florida Statutes, are amended, and

 8  subsections (5) and (6) are added to said section, to read:

 9         380.0651  Statewide guidelines and standards.--

10         (3)  The following statewide guidelines and standards

11  shall be applied in the manner described in s. 380.06(2) to

12  determine whether the following developments shall be required

13  to undergo development-of-regional-impact review:

14         (d)  Office development.--Any proposed office building

15  or park operated under common ownership, development plan, or

16  management that:

17         1.  Encompasses 300,000 or more square feet of gross

18  floor area, or more than 500,000 square feet of gross floor

19  area in a county with a population greater than 1 million; or

20         2.  Has a total site size of 30 or more acres; or

21         3.  Encompasses more than 600,000 square feet of gross

22  floor area in a county with a population greater than 500,000

23  and only in a geographic area specifically designated as

24  highly suitable for increased threshold intensity in the

25  approved local comprehensive plan and in the strategic

26  regional policy plan.

27         (e)  Port facilities.--The proposed construction of any

28  waterport or marina is required to undergo

29  development-of-regional-impact review, except one designed

30  for:

31         1.a.  One designed for the wet storage or mooring of

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  fewer than 150 watercraft used exclusively for sport,

 2  pleasure, or commercial fishing, or

 3         b.  The dry storage of fewer than 200 watercraft used

 4  exclusively for sport, pleasure, or commercial fishing, or

 5         b.c.  One designed for the wet or dry storage or

 6  mooring of fewer than 150 watercraft on or adjacent to an

 7  inland freshwater lake except Lake Okeechobee or any lake

 8  which has been designated an Outstanding Florida Water, or

 9         c.d.  One designed for the wet or dry storage or

10  mooring of fewer than 50 watercraft of 40 feet in length or

11  less of any type or purpose. The exceptions to this

12  paragraph's requirements for development-of-regional-impact

13  review shall not apply to any waterport or marina facility

14  located within or which serves physical development located

15  within a coastal barrier resource unit on an unbridged barrier

16  island designated pursuant to 16 U.S.C. s. 3501.

17

18  In addition to the foregoing, for projects for which no

19  environmental resource permit or sovereign submerged land

20  lease is required, the Department of Environmental Protection

21  must determine in writing that a proposed marina in excess of

22  10 slips or storage spaces or a combination of the two is

23  located so that it will not adversely impact Outstanding

24  Florida Waters or Class II waters and will not contribute boat

25  traffic in a manner that will have an adverse impact on an

26  area known to be, or likely to be, frequented by manatees. If

27  the Department of Environmental Protection fails to issue its

28  determination within 45 days of receipt of a formal written

29  request, it has waived its authority to make such

30  determination. The Department of Environmental Protection

31  determination shall constitute final agency action pursuant to

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    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  chapter 120.

 2         2.  A marina or proposed marina expansion which is:

 3         a.  Located within a county identified in s.

 4  370.12(2)(f) which has boat speed zone rules adopted by the

 5  department or commission; and

 6         b.  Consistent with the applicable adopted local

 7  government comprehensive plan.

 8         3.  A marina or proposed marina expansion within a

 9  county other than those identified in s. 370.12(2)(f) which

10  is:

11         a.  Located within a local government jurisdiction

12  which has adopted boat speed zone ordinances to prevent

13  manatee injuries or death in areas where manatee sightings are

14  frequent and where manatees inhabit such areas on a regular

15  and continuous basis; and

16         b.  Consistent with the applicable adopted local

17  government comprehensive plan.

18         4.  A marina or proposed marina expansion within a

19  county other than those identified in s. 370.12(2)(f) which

20  is:

21         a.  Located within a local government jurisdiction

22  where manatee sightings are not frequent and manatees do not

23  inhabit such jurisdiction on a regular and continuous basis;

24  and

25         b.  Consistent with the applicable adopted local

26  government comprehensive plan.

27         2.  The dry storage of fewer than 300 watercraft used

28  exclusively for sport, pleasure, or commercial fishing at a

29  marina constructed and in operation prior to July 1, 1985.

30         3.  Any proposed marina development with both wet and

31  dry mooring or storage used exclusively for sport, pleasure,

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  or commercial fishing, where the sum of percentages of the

 2  applicable wet and dry mooring or storage thresholds equals

 3  100 percent. This threshold is in addition to, and does not

 4  preclude, a development from being required to undergo

 5  development-of-regional-impact review under sub-subparagraphs

 6  1.a. and b. and subparagraph 2.

 7         (j)  Residential development.--No rule may be adopted

 8  concerning residential developments which treats a residential

 9  development in one county as being located in a less populated

10  adjacent county unless more than 25 percent of the development

11  is located within 2 or less miles of the less populated

12  adjacent county. However, residential development shall not be

13  treated as though it is in a less populated county if the

14  affected counties have entered into an interlocal agreement to

15  specify development review standards for affected

16  developments.

17         (5)  Nothing contained in this section abridges or

18  modifies any vested or other right or any duty or obligation

19  pursuant to any development order or agreement which is

20  applicable to a development of regional impact on the

21  effective date of this act. An airport, marina, or petroleum

22  storage facility which has received a

23  development-of-regional-impact development order pursuant to

24  s. 380.06, but is no longer required to undergo

25  development-of-regional-impact review by operation of

26  paragraph (3)(e) or s. 380.06(24)(i) or (k), shall be governed

27  by the following procedures:

28         (a)  The development shall continue to be governed by

29  the development-of-regional-impact development order, and may

30  be completed in reliance upon and pursuant to the development

31  order. The development-of-regional-impact development order

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  may be enforced by the local government as provided by ss.

 2  380.06(17) and 380.11.

 3         (b)  If requested by the developer or landowner, the

 4  development-of-regional-impact development order may be

 5  amended or rescinded by the local government consistent with

 6  the local comprehensive plan and land development regulations,

 7  and pursuant to the local government procedures governing

 8  local development orders.

 9         (6)  An airport, marina, or petroleum storage facility

10  with an application for development approval pending on the

11  effective date of this act, or a notification of proposed

12  change pending on the effective date of this act, may elect to

13  continue such review pursuant to s. 380.06. At the conclusion

14  of the pending review, including any appeals pursuant to s.

15  380.07, the resulting development order shall be governed by

16  the provisions of subsection (5).

17         Section 16.  Paragraph (g) of subsection (3) of section

18  163.06, Florida Statutes, is amended to read:

19         163.06  Miami River Commission.--

20         (3)  The policy committee shall have the following

21  powers and duties:

22         (g)  Coordinate a joint planning area agreement between

23  the Department of Community Affairs, the city, and the county

24  under the provisions of s. 163.3177(11)(a), (b), and (e)(c).

25         Section 17.  Subsection (4) of section 189.415, Florida

26  Statutes, is amended to read:

27         189.415  Special district public facilities report.--

28         (4)  Those special districts building, improving, or

29  expanding public facilities addressed by a development order

30  issued to the developer pursuant to s. 380.06 may use the most

31  recent biennial annual report required by s. 380.06(15) and

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  (18) and submitted by the developer, to the extent the annual

 2  report provides the information required by subsection (2).

 3         Section 18.  (1)  The Grow Smart Florida Study

 4  Commission is created. The commission shall be composed of 25

 5  voting members, 10 of whom are to be appointed by the

 6  Governor, 7 of whom are to be appointed by the President of

 7  the Senate, and 7 of whom are to be appointed by the Speaker

 8  of the House of Representatives. In addition, the Secretary of

 9  Community Affairs shall serve as a voting member of the

10  commission, and the secretary of the Department of

11  Environmental Protection, the Secretary of Transportation, the

12  Commissioner of Agriculture, and the executive director of the

13  Fish and Wildlife Conservation Commission shall serve as ex

14  officio nonvoting members of the commission. The Governor's

15  appointments must include two appointments from each of the

16  following groups of interests:

17         (a)  Business interests, including, but not limited to,

18  development, lending institutions, real estate, marine

19  industries, and affordable housing.

20         (b)  Environmental interests, including, but not

21  limited to, environmental justice groups, resource-based

22  conservation and outdoor conservation groups, and

23  environmental quality and conservation groups.

24         (c)  Agricultural interests, including, but not limited

25  to, agricultural commodity groups, forestry and general farm

26  membership organizations, and agricultural financial

27  institutions.

28         (d)  Local and regional governments, including, but not

29  limited to, municipalities, counties, special districts,

30  metropolitan planning organizations, local government

31  association foundations, and regional planning councils.

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         (e)  Growth management and citizen groups, including,

 2  but not limited to, planners, attorneys, engineers, citizen

 3  activist groups, homeowner's groups, and architects.

 4

 5  The President of the Senate and the Speaker of the House of

 6  Representatives shall each select one appointment from each of

 7  the five categories listed in paragraphs (a)-(e) and shall

 8  also appoint two members from their respective houses of the

 9  Legislature to serve on the commission. The appointments must

10  be made by July 1, 2000, and the first meeting of the

11  commission shall be held no later than August 1, 2000. The

12  chair of the commission shall be appointed by the Governor

13  prior to its first meeting. Any vacancy occurring in the

14  membership of the commission shall be filled in the same

15  manner as the original appointment.

16         (2)  The members of the commission are entitled to one

17  vote, and action of the commission is not binding unless taken

18  by a three-fifths vote of the members present. However, action

19  of the commission may be taken only at a meeting at which a

20  majority of the commission members are present.

21         (3)  The commission shall review the operation and

22  implementation of Florida's growth management statutes,

23  including chapters 163, 186, 187, and 380, Florida Statutes,

24  and shall make recommendations for improving the system for

25  managing growth in the state. As part thereof, it shall

26  identify appropriate goals and desired outcomes for future

27  planning and growth management efforts at the state, regional,

28  and local levels, and in so doing, shall consider related

29  trends and conditions affecting the environment, economy, and

30  quality of life in Florida. It may also establish and appoint

31  any necessary technical advisory committees, which may include

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  commission members and nonmembers. The commission shall, to

 2  the extent practicable, specifically address and make

 3  recommendations for improving the growth management system

 4  with respect to the following issues:

 5         (a)  The respective roles and responsibilities of

 6  state, regional, and local governmental entities in the

 7  preparation, adoption, and compliance review of local

 8  government comprehensive plans and plan amendments, including

 9  decentralization.

10         (b)  The role, responsibilities, and composition of

11  regional planning councils in addressing greater-than-local

12  issues and the relationship of metropolitan planning

13  organizations and their role in addressing local comprehensive

14  plans and regional transportation planning.

15         (c)  The role and responsibilities of citizens in the

16  preparation, adoption, compliance review, and judicial or

17  administrative review of local government comprehensive plans

18  and plan amendments, and the process for enforcement of

19  consistency between comprehensive plans and development orders

20  pursuant to s. 163.3215.

21         (d)  Whether the development of regional impact program

22  should be replaced, repealed, or incorporated in whole or in

23  part into the local government comprehensive planning process.

24         (e)  Improving mechanisms for and implementation of

25  intergovernmental coordination.

26         (f)  Whether there is adequate protection for property

27  owners from local and state government land use decisions, and

28  what must be done to ensure that property rights are not

29  abridged.

30         (4)  At least six public hearings must be held by the

31  commission in different regions of the state to solicit input

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  from the public on how they want the state, regional agencies,

 2  and their municipalities and counties to manage growth.

 3         (5)  The commission shall, by February 1, 2001, provide

 4  to the President of the Senate, the Speaker of the House of

 5  Representatives, and the Governor a written report containing

 6  specific recommendations, including legislative

 7  recommendations, for addressing growth management in Florida

 8  in the 21st century.

 9         (6)  Commission members and the members of any

10  technical advisory committees that are appointed shall not

11  receive remuneration for their services, but members other

12  than public officers and employees shall be entitled to be

13  reimbursed by the Department of Community Affairs for travel

14  or per diem expenses in accordance with chapter 112, Florida

15  Statutes. Public officers and employees shall be reimbursed by

16  their respective agencies in accordance with chapter 112,

17  Florida Statutes.

18         (7)  An executive director shall be selected by the

19  Governor. The executive director shall report to the

20  commission. The Department of Community Affairs shall provide

21  other staff and consultants after consultation with the

22  commission. Funding for these expenses shall be provided

23  through the Department of Community Affairs. The commission

24  shall receive supplemental financial and other assistance from

25  other agencies under the Governor's direct supervision and

26  such additional assistance as is appropriate from the

27  Executive Office of the Governor.

28         (8)  All agencies under the control of the Governor and

29  Cabinet are directed, and all other agencies are requested, to

30  render assistance to, and cooperate with, the commission.

31         (9)  The commission shall continue in existence until

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1  its objectives are achieved, but not later than February 1,

 2  2001.

 3         Section 19.  The sum of $275,000 is appropriated from

 4  the General Revenue Fund to the Department of Community

 5  Affairs Operating Trust Fund to implement the provisions of

 6  this act creating the Grow Smart Florida Study Commission.

 7  This appropriation is a nonrecurring appropriation.

 8         Section 20.  If any provision of this act or the

 9  application thereof to any person or circumstance is held

10  invalid, the invalidity shall not affect other provisions or

11  applications of the act which can be given effect without the

12  invalid provision or application, and to this end the

13  provisions of this act are declared severable.

14         Section 21.  This act shall take effect upon becoming a

15  law.

16

17

18  ================ T I T L E   A M E N D M E N T ===============

19  And the title is amended as follows:

20  Remove from the title of the bill:  the entire title

21

22  and insert in lieu thereof:

23                      A bill to be entitled

24         An act relating to growth management; creating

25         s. 125.595, F.S.; providing for the right of

26         citizens to petition elected officials in

27         public or private; amending s. 163.2517, F.S.;

28         revising the financial incentives which a local

29         government may offer in an urban infill and

30         redevelopment area which relate to exemption

31         from local option sales surtaxes and waiver of

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         delinquent taxes or fees; providing that, in

 2         order to be eligible for the exemption from

 3         collecting local option sales surtaxes, a

 4         business must submit an application under oath

 5         to the local government, which must be approved

 6         and submitted to the Department of Revenue;

 7         amending s. 212.08, F.S.; specifying that the

 8         authority of a local government to adopt

 9         financial and local government incentives under

10         s. 163.2517, F.S., is not superseded by certain

11         provisions relating to sales tax exemptions;

12         amending s. 163.2523, F.S.; authorizing

13         transfer of unused funds between grant

14         categories under the Urban Infill and

15         Redevelopment Assistance Grant Program;

16         amending s. 163.3164, F.S.; clarifying the

17         definition of "development" under the Local

18         Government Comprehensive Planning and Land

19         Development Regulation Act; amending s.

20         163.3177, F.S.; providing that an agricultural

21         land use category may be eligible for the

22         location of public schools in a local

23         government comprehensive plan under certain

24         conditions; requiring preparation of an airport

25         master plan by each publicly owned and operated

26         airport and providing requirements with respect

27         thereto; providing for incorporation into the

28         local comprehensive plan; providing that

29         development or expansion of such airports or

30         related development consistent with such plans

31         is not a development of regional impact;

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         providing additional legislative intent with

 2         respect to application of chapter 9J-5, Florida

 3         Administrative Code, by the agency; specifying

 4         lands that are appropriate for innovative

 5         planning and development strategies; requiring

 6         a report on a program for implementing such

 7         strategies; providing for coordination with the

 8         Grow Smart Florida Study Commission; amending

 9         s. 163.3178, F.S.; requiring certain local

10         governments to adopt a marina siting plan as

11         part of the shoreline use component of the

12         coastal management element by a specified date;

13         amending s. 163.3184, F.S.; providing

14         additional agencies to which a local government

15         must transmit a proposed comprehensive plan or

16         plan amendment; removing provisions relating to

17         transmittal of copies by the state land

18         planning agency; providing that a local

19         government may request review by the state land

20         planning agency at the time of transmittal of

21         an amendment; revising time periods with

22         respect to submission of comments to the agency

23         by other agencies, notice by the agency of its

24         intent to review, and issuance by the agency of

25         its report; providing for priority review of

26         certain amendments; clarifying language;

27         providing for compilation and transmittal by

28         the local government of a list of persons who

29         will receive an informational statement

30         concerning the agency's notice of intent to

31         find a plan or plan amendment in compliance or

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         not in compliance; providing for rules;

 2         revising requirements relating to publication

 3         by the agency of its notice of intent; deleting

 4         a requirement that the notice be sent to

 5         certain persons; amending s. 163.3187, F.S.;

 6         revising requirements relating to small scale

 7         development amendments which are exempt from

 8         the limitation on the frequency of amendments

 9         to a local comprehensive plan; revising acreage

10         requirements; providing that certain amendments

11         that involve affordable housing in certain

12         areas of critical state concern are eligible

13         under certain circumstances; revising a

14         condition relating to residential land use;

15         removing a provision that allows a local

16         government to elect to have such amendments

17         subject to review under s. 163.3184(3)-(6),

18         F.S.; amending s. 163.3215, F.S.; revising

19         procedures and requirements for challenge of a

20         development order by an aggrieved or adversely

21         affected party on the basis of inconsistency

22         with a local comprehensive plan; providing for

23         petition to the circuit court for certiorari if

24         the local government has established a review

25         process that includes specified components;

26         removing a requirement that a verified

27         complaint be filed with the local government

28         prior to seeking judicial review; amending s.

29         163.3245, F.S., relating to optional sector

30         plans; clarifying and conforming language;

31         creating s. 166.0498, F.S.; providing for the

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         right of citizens to petition elected officials

 2         in public or private; amending s. 166.231,

 3         F.S.; authorizing application of the municipal

 4         public service tax on water service to property

 5         in a development of regional impact outside of

 6         municipal boundaries under certain conditions;

 7         limiting recovery if such tax is challenged;

 8         amending s. 380.06, F.S., relating to

 9         developments of regional impact; revising the

10         definition of an essentially built-out

11         development of regional impact with respect to

12         multiuse developments; providing for submission

13         of biennial, rather than annual, reports by the

14         developer; authorizing submission of a letter,

15         rather than a report, under certain

16         circumstances; providing for amendment of

17         development orders with respect to report

18         frequency; removing criteria relating to

19         petroleum storage facilities from the list of

20         criteria used to determine existence of a

21         substantial deviation; revising the criteria

22         relating to waterports and multiuse

23         developments of regional impact; providing that

24         an extension of the date of buildout of less

25         than 7 years is not a substantial deviation;

26         revising provisions relating to determination

27         of whether a change constitutes a substantial

28         deviation based on its percentage of the

29         specified numerical criteria; revising notice

30         requirements; providing that changes that are

31         less than specified numerical criteria need not

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                                                   HOUSE AMENDMENT

    534-228AX-05                               Bill No. CS/HB 2335

    Amendment No.     (for drafter's use only)





 1         be submitted to the state land planning agency

 2         and specifying the agency's right to appeal

 3         with respect to such changes; deleting an

 4         exemption from review by the regional planning

 5         agency and state land planning agency for

 6         certain changes; exempting petroleum storage

 7         facilities from development-of-regional-impact

 8         review under certain circumstances; providing

 9         for maintenance of the exemption from

10         development-of-regional-impact review for

11         developments under s. 163.3245, F.S., relating

12         to optional sector plans, if said section is

13         repealed; exempting certain development or

14         expansion of airports and related development

15         from development-of-regional-impact review

16         under certain circumstances; amending s.

17         380.0651, F.S.; revising the statewide

18         guidelines and standards for

19         development-of-regional-impact review for

20         office development, port facilities, and

21         residential development; providing for vested

22         rights, duties or obligations, and pending

23         applications with respect to developments of

24         regional impact; providing for enforcement;

25         amending ss. 163.06 and 189.415, F.S.;

26         correcting references to conform; creating the

27         Grow Smart Florida Study Commission; providing

28         for appointment and qualifications of members;

29         providing the commission's duties; requiring a

30         report; providing an appropriation; providing

31         for severability; providing an effective date.

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