| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Substitute Amendment for Amendment (032977) (with title |
| 4 | amendment) |
| 5 | Remove lines 51-97 and insert: |
| 6 |
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| 7 | 70.001 after presenting a claim to the local government as set |
| 8 | forth in s. 70.001(4)(a). The imposition of such conditions is |
| 9 | presumed to impose an inordinate burden. This presumption may be |
| 10 | rebutted by clear and convincing evidence. This subsection shall |
| 11 | not apply to comprehensive plan provisions, development |
| 12 | conditions, or land development regulations enacted by a local |
| 13 | government to address compatibility of land uses with military |
| 14 | operations or installations. |
| 15 | (a) The local government and the owner of a parcel of land |
| 16 | that is the subject of an application for an amendment shall |
| 17 | have 180 days following the date that the local government |
| 18 | receives a complete application to negotiate in good faith to |
| 19 | reach consensus on the land uses, densities, and intensities of |
| 20 | use that are consistent with the uses, densities, and |
| 21 | intensities of use of the industrial, commercial, or residential |
| 22 | areas that surround the parcel. Within 30 days after the local |
| 23 | government's receipt of such an application, the local |
| 24 | government and owner must agree in writing to a schedule for |
| 25 | information submittal, public hearings, negotiations, and final |
| 26 | action on the amendment, which schedule may thereafter be |
| 27 | altered only with the written consent of the local government |
| 28 | and the owner. Compliance with the schedule in the written |
| 29 | agreement constitutes good faith negotiations for purposes of |
| 30 | paragraph (d) (c). |
| 31 | (b) Upon conclusion of good faith negotiations under |
| 32 | paragraph (a), regardless of whether the local government and |
| 33 | owner reach consensus on the land uses, densities, and |
| 34 | intensities of use that are consistent with the uses, densities, |
| 35 | and intensities of use of the industrial, commercial, or |
| 36 | residential areas that surround the parcel, the amendment must |
| 37 | be transmitted to the state land planning agency for review |
| 38 | pursuant to s. 163.3184. If the local government fails to |
| 39 | transmit the amendment within 180 days after receipt of a |
| 40 | complete application, the amendment must be immediately |
| 41 | transferred to the state land planning agency for such review at |
| 42 | the first available transmittal cycle. A plan amendment |
| 43 | transmitted to the state land planning agency submitted under |
| 44 | this subsection is presumed to be consistent with rule 9J- |
| 45 | 5.006(5), Florida Administrative Code. This presumption may be |
| 46 | rebutted by clear and convincing evidence. |
| 47 | (c) Notwithstanding the provisions of a comprehensive |
| 48 | plan, after review by the state land planning agency, the owner |
| 49 | shall respond to any objections, recommendations, or comments |
| 50 | issued by the agency pursuant to s. 163.3184(6) and address each |
| 51 | compliance issue raised by the state land planning agency |
| 52 | related to the owner's property. If the department has issued no |
| 53 | objections, recommendations, or comments, or if the owner has |
| 54 | responded to any objections, recommendations, or comments and |
| 55 | the local government denies or fails to approve the amendment |
| 56 | within the time period specified in s. 163.3184(7), such denial |
| 57 | or failure to approve the amendment is presumed to impose an |
| 58 | inordinate burden, and the owner may apply to the circuit court |
| 59 | for appropriate relief pursuant to s. 70.001 after presenting a |
| 60 | claim to the local government as set forth in s. 70.001(4)(a). A |
| 61 | plan amendment reviewed by the land |
| 62 |
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| 63 |
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| 64 | ----------------------------------------------------- |
| 65 | T I T L E A M E N D M E N T |
| 66 | Remove line 6 and insert: |
| 67 | conditions relating to agricultural enclaves; providing for |
| 68 | exceptions; providing a |
| 69 |
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