CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Cantens and Rubio offered the following:
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13 Amendment to Amendment (354873) (with title amendment)
14 On page 1, lines 17 & 18,
15 remove: all of said lines
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17 and insert:
18 Section 1. Paragraphs (c) and (i) of subsection (1) of
19 section 163.3187, Florida Statutes, are amended, and paragraph
20 (k) is added to said subsection, to read:
21 163.3187 Amendment of adopted comprehensive plan.--
22 (1) Amendments to comprehensive plans adopted pursuant
23 to this part may be made not more than two times during any
24 calendar year, except:
25 (c) Any local government comprehensive plan amendments
26 directly related to proposed small scale development
27 activities may be approved without regard to statutory limits
28 on the frequency of consideration of amendments to the local
29 comprehensive plan. A small scale development amendment may be
30 adopted only under the following conditions:
31 1. The proposed amendment involves a use of 10 acres
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hbd0001 10:44 am 01906-0114-143681
HOUSE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 or fewer and:
2 a. The cumulative annual effect of the acreage for all
3 small scale development amendments adopted by the local
4 government shall not exceed:
5 (I) A maximum of 120 acres in a local government that
6 contains areas specifically designated in the local
7 comprehensive plan for urban infill, urban redevelopment, or
8 downtown revitalization as defined in s. 163.3164, urban
9 infill and redevelopment areas designated under s. 163.2517,
10 transportation concurrency exception areas approved pursuant
11 to s. 163.3180(5), or regional activity centers and urban
12 central business districts approved pursuant to s.
13 380.06(2)(e); however, amendments under this paragraph may be
14 applied to no more than 60 acres annually of property outside
15 the designated areas listed in this sub-sub-subparagraph.
16 Amendments adopted pursuant to paragraph (k) shall not be
17 counted toward the acreage limitations for small scale
18 amendments under this paragraph.
19 (II) A maximum of 80 acres in a local government that
20 does not contain any of the designated areas set forth in
21 sub-sub-subparagraph (I).
22 (III) A maximum of 120 acres in a county established
23 pursuant to s. 9, Art. VIII of the State Constitution.
24 b. The proposed amendment does not involve the same
25 property granted a change within the prior 12 months.
26 c. The proposed amendment does not involve the same
27 owner's property within 200 feet of property granted a change
28 within the prior 12 months.
29 d. The proposed amendment does not involve a text
30 change to the goals, policies, and objectives of the local
31 government's comprehensive plan, but only proposes a land use
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HOUSE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 change to the future land use map for a site-specific small
2 scale development activity.
3 e. The property that is the subject of the proposed
4 amendment is not located within an area of critical state
5 concern, unless the project subject to the proposed amendment
6 involves the construction of affordable housing units meeting
7 the criteria of s. 420.0004(3), and is located within an area
8 of critical state concern designated by s. 380.0552 or by the
9 Administration Commission pursuant to s. 380.05(1). Such
10 amendment is not subject to the density limitations of
11 sub-subparagraph f., and shall be reviewed by the state land
12 planning agency for consistency with the principles for
13 guiding development applicable to the area of critical state
14 concern where the amendment is located and shall not become
15 effective until a final order is issued under s. 380.05(6).
16 f. If the proposed amendment involves a residential
17 land use, the residential land use has a density of 10 units
18 or less per acre, except that this limitation does not apply
19 to small scale amendments described in sub-sub-subparagraph
20 a.(I) that are designated in the local comprehensive plan for
21 urban infill, urban redevelopment, or downtown revitalization
22 as defined in s. 163.3164, urban infill and redevelopment
23 areas designated under s. 163.2517, transportation concurrency
24 exception areas approved pursuant to s. 163.3180(5), or
25 regional activity centers and urban central business districts
26 approved pursuant to s. 380.06(2)(e).
27 2.a. A local government that proposes to consider a
28 plan amendment pursuant to this paragraph is not required to
29 comply with the procedures and public notice requirements of
30 s. 163.3184(15)(c) for such plan amendments if the local
31 government complies with the provisions in s. 125.66(4)(a) for
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hbd0001 10:44 am 01906-0114-143681
HOUSE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 a county or in s. 166.041(3)(c) for a municipality. If a
2 request for a plan amendment under this paragraph is initiated
3 by other than the local government, public notice is required.
4 b. The local government shall send copies of the
5 notice and amendment to the state land planning agency, the
6 regional planning council, and any other person or entity
7 requesting a copy. This information shall also include a
8 statement identifying any property subject to the amendment
9 that is located within a coastal high hazard area as
10 identified in the local comprehensive plan.
11 3. Small scale development amendments adopted pursuant
12 to this paragraph require only one public hearing before the
13 governing board, which shall be an adoption hearing as
14 described in s. 163.3184(7), and are not subject to the
15 requirements of s. 163.3184(3)-(6) unless the local government
16 elects to have them subject to those requirements.
17 (i) A comprehensive plan amendment for the purpose of
18 designating an urban infill and redevelopment area under s.
19 163.2517 or a Rural Heritage Area or Rural Activity Center
20 under the Florida Rural Heritage and Economic Stimulus Act may
21 be approved without regard to the statutory limits on the
22 frequency of amendments to the comprehensive plan.
23 (k) A local comprehensive plan amendment directly
24 related to providing transportation improvements to enhance
25 life safety on Controlled Access Major Arterial Highways
26 identified in the Florida Intrastate Highway System, in
27 counties as defined in s. 125.011, where such roadways have a
28 high incidence of traffic accidents resulting in serious
29 injury or death. Any such amendment shall not include any
30 amendment modifying the designation on a comprehensive
31 development plan land use map nor any amendment modifying the
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hbd0001 10:44 am 01906-0114-143681
HOUSE AMENDMENT
Bill No. CS for SB's 1906 & 550, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 allowable densities or intensities of any land.
2 Section 2. Whopper Way designated; Department of
3 Transportation to erect suitable markers.--
4 (1) That portion of N.W. 57 Avenue from N.W. 7 Street
5 to State Highway 836 in Miami-Dade County is hereby designated
6 as "Whopper Way."
7 (2) The Department of Transportation is directed to
8 erect suitable markers designating Whopper Way as described in
9 subsection (1).
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13 And the title is amended as follows:
14 On page 100, line 7, of the amendment after the
15 semicolon
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17 insert:
18 providing for plan amendment relating to
19 certain roadways in specified counties under
20 certain conditions; designating Whopper Way in
21 Miami-Dade County and directing the Department
22 of Transportation to erect suitable markers;
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