| 1 | Representative Bogdanoff offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove line(s) 33-91 and insert: |
| 5 | Section 2. Paragraphs (c) and (d) are added to subsection |
| 6 | (1) of section 163.3174, Florida Statutes, to read: |
| 7 | 163.3174 Local planning agency.-- |
| 8 | (1) The governing body of each local government, |
| 9 | individually or in combination as provided in s. 163.3171, shall |
| 10 | designate and by ordinance establish a "local planning agency," |
| 11 | unless the agency is otherwise established by law. |
| 12 | Notwithstanding any special act to the contrary, all local |
| 13 | planning agencies or equivalent agencies that first review |
| 14 | rezoning and comprehensive plan amendments in each municipality |
| 15 | and county shall include a representative of the school district |
| 16 | appointed by the school board as a nonvoting member of the local |
| 17 | planning agency or equivalent agency to attend those meetings at |
| 18 | which the agency considers comprehensive plan amendments and |
| 19 | rezonings that would, if approved, increase residential density |
| 20 | on the property that is the subject of the application. However, |
| 21 | this subsection does not prevent the governing body of the local |
| 22 | government from granting voting status to the school board |
| 23 | member. The governing body may designate itself as the local |
| 24 | planning agency pursuant to this subsection with the addition of |
| 25 | a nonvoting school board representative. The governing body |
| 26 | shall notify the state land planning agency of the establishment |
| 27 | of its local planning agency. All local planning agencies shall |
| 28 | provide opportunities for involvement by applicable community |
| 29 | college boards, which may be accomplished by formal |
| 30 | representation, membership on technical advisory committees, or |
| 31 | other appropriate means. The local planning agency shall prepare |
| 32 | the comprehensive plan or plan amendment after hearings to be |
| 33 | held after public notice and shall make recommendations to the |
| 34 | governing body regarding the adoption or amendment of the plan. |
| 35 | The agency may be a local planning commission, the planning |
| 36 | department of the local government, or other instrumentality, |
| 37 | including a countywide planning entity established by special |
| 38 | act or a council of local government officials created pursuant |
| 39 | to s. 163.02, provided the composition of the council is fairly |
| 40 | representative of all the governing bodies in the county or |
| 41 | planning area; however: |
| 42 | (c) In recognition of the need to allow municipalities in |
| 43 | highly populated urban counties in which most of the population |
| 44 | of the county is located within municipalities to address land |
| 45 | use planning issues on a municipal basis, in a charter county |
| 46 | that has a population greater than 1.5 million people and has |
| 47 | less than 10 percent of the countywide population within the |
| 48 | unincorporated area of the county, the municipalities within |
| 49 | such county shall, except as otherwise expressly provided in |
| 50 | this paragraph, have the option to exercise exclusive land use |
| 51 | planning authority. This exclusive land use planning authority |
| 52 | includes platting, zoning, the adoption and amendment of |
| 53 | comprehensive plans in accordance with this act, and the |
| 54 | issuance of development orders for the area under municipal |
| 55 | jurisdiction. The exercise of this option shall require the |
| 56 | municipality to adopt a resolution approving the exercise of |
| 57 | exclusive land use planning authority and submit to the |
| 58 | electorate of the municipality a ballot question which states: |
| 59 | "Shall the (Name of Municipality) exercise exclusive land use |
| 60 | planning authority within (Name of Municipality) for platting, |
| 61 | zoning, the adoption and amendment of comprehensive plans, and |
| 62 | the issuance of development orders?" If the ballot question is |
| 63 | approved by a majority of those qualified voters casting a vote |
| 64 | on the question, the municipality shall have exclusive land use |
| 65 | planning authority effective 90 days following voter approval. A |
| 66 | municipality whose land use planning authority becomes exclusive |
| 67 | pursuant to this paragraph may amend its comprehensive plan one |
| 68 | additional time in the year in which its land use planning |
| 69 | authority becomes exclusive or in the following year, without |
| 70 | regard to the twice-a-year restriction in s. 163.3187(1), to |
| 71 | provide for amendments the municipality determines to be |
| 72 | necessary or appropriate for the transition. Development orders |
| 73 | issued by a charter county within a municipality prior to the |
| 74 | municipality's assuming exclusive land use planning authority |
| 75 | shall remain valid for the effective period of the development |
| 76 | order unless an application for an amendment to the development |
| 77 | order is approved by the municipality in accordance with the |
| 78 | procedures of the municipality for amending development orders. |
| 79 | This paragraph does not affect the authority of a charter county |
| 80 | subject to this paragraph to adopt and enforce countywide impact |
| 81 | fees. Effective upon a municipality's obtaining exclusive land |
| 82 | use planning authority pursuant to this provision, the level of |
| 83 | service for county facilities in the municipality shall be the |
| 84 | level of service that was applied by the county on the date that |
| 85 | the municipality adopted the resolution approving the exercise |
| 86 | of exclusive land use planning authority and submitting the |
| 87 | ballot question to the electorate of the municipality. In order |
| 88 | for any future change in level of service for county facilities |
| 89 | to become effective within a municipality that obtains exclusive |
| 90 | land use planning authority pursuant to this paragraph, the |
| 91 | change in the level of service shall require the approval of |
| 92 | both the affected municipality and the county, as evidenced by |
| 93 | both the municipality and county's adopting the amended level of |
| 94 | service for the county facilities into their respective |
| 95 | comprehensive plans. In a municipality that obtains exclusive |
| 96 | land use planning authority, the county shall, if requested by |
| 97 | the municipality and upon the payment of a reasonable fee, |
| 98 | review and advise the municipality as to whether proposed |
| 99 | mitigation of traffic impacts that are to be provided by |
| 100 | improvements to county roadways meet the county's permit |
| 101 | criteria for improvements to county roadways. Nothing in this |
| 102 | paragraph shall be interpreted to affect a county's permit |
| 103 | authority with respect to county roadways. This paragraph |
| 104 | applies notwithstanding any other law. |
| 105 | (d) A charter county that is not subject to paragraph (c) |
| 106 | may exercise such authority over municipalities and districts |
| 107 | within its boundaries as provided for in its charter. |
| 108 |
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| 109 | ================ T I T L E A M E N D M E N T ============= |
| 110 | Remove lines 7-10 and insert: |
| 111 | providing for retroactive application; amending s. 163.3174, |
| 112 | F.S.; providing procedures for certain municipalities to |
| 113 | exercise exclusive land use planning authority on a municipal |
| 114 | basis; providing for a referendum; providing for additional |
| 115 | amendment of a municipality's comprehensive plan; providing for |
| 116 | continuation of development orders issued by a charter county; |
| 117 | providing conditions for future changes in level of service; |
| 118 | providing for application; providing an |