HOUSE AMENDMENT Bill No. HB 1075 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Llorente offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 75 &76, and insert:
16	Section 2. Paragraph (c) is added to subsection (1) of
17	section 163.3174, Florida Statutes, to read:
18	163.3174 Local planning agency.--
19	(1) The governing body of each local government,
20	individually or in combination as provided in s. 163.3171, shall
21	designate and by ordinance establish a "local planning agency,"
22	unless the agency is otherwise established by law.
23	Notwithstanding any special act to the contrary, all local
24	planning agencies or equivalent agencies that first review
25	rezoning and comprehensive plan amendments in each municipality
26	and county shall include a representative of the school district
27	appointed by the school board as a nonvoting member of the local
28	planning agency or equivalent agency to attend those meetings at
29	which the agency considers comprehensive plan amendments and
30	rezonings that would, if approved, increase residential density
31	on the property that is the subject of the application. However,
32	this subsection does not prevent the governing body of the local
33	government from granting voting status to the school board
34	member. The governing body may designate itself as the local
35	planning agency pursuant to this subsection with the addition of
36	a nonvoting school board representative. The governing body
37	shall notify the state land planning agency of the establishment
38	of its local planning agency. All local planning agencies shall
39	provide opportunities for involvement by applicable community
40	college boards, which may be accomplished by formal
41	representation, membership on technical advisory committees, or
42	other appropriate means. The local planning agency shall prepare
43	the comprehensive plan or plan amendment after hearings to be
44	held after public notice and shall make recommendations to the
45	governing body regarding the adoption or amendment of the plan.
46	The agency may be a local planning commission, the planning
47	department of the local government, or other instrumentality,
48	including a countywide planning entity established by special
49	act or a council of local government officials created pursuant
50	to s. 163.02, provided the composition of the council is fairly
51	representative of all the governing bodies in the county or
52	planning area; however:
53	(c) The Legislature recognizes that many larger
54	municipalities within charter counties have the technical
55	planning staff to effectively implement and enforce a
56	comprehensive plan and develop and achieve a community vision
57	within their boundaries. Notwithstanding any law to the
58	contrary, each municipality with a population greater than
59	10,000, located in a charter county not operating under a home
60	rule charter adopted pursuant to ss. 10, 11, and 24, Art. VIII
61	of the State Constitution of 1885, as preserved by s. 6(e), Art.
62	VIII of the State Constitution of 1968 with a population greater
63	than 1,500,000 and more than 25 municipalities, shall have
64	exclusive planning authority, including, but not limited to,
65	development order approval and zoning and comprehensive planning
66	for the area under its municipal jurisdiction. However, a
67	municipality located in such a county may delegate planning
68	authority for the area under its municipal jurisdiction to the
69	county if the governing body of the municipality adopts a
70	resolution approving the delegation to the county. A charter
71	county, as described in this paragraph, may provide written
72	comments on a proposed land use change within a municipality’s
73	jurisdiction and provide planning assistance if requested by the
74	municipality.
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77	================= T I T L E A M E N D M E N T =================
78	Remove line(s) 25, and insert:
79	county; amending s. 163.3174, F.S.; providing that certain
80	municipalities shall have exclusive planning authority for
81	the area under its municipal jurisdiction; providing that
82	such a municipality may delegate planning authority to the
83	county in which located if the governing body of the
84	municipality adopts a resolution approving the delegation
85	to the county; providing that the county may provide
86	written comments on a proposed land use change within a
87	municipality’s jurisdiction and provide planning
88	assistance if requested by the municipality; providing for
89	delegation of such authority; providing an effective date.