((LATE FILED FOR: 4/22/2008 5:00:00 PM))Amendment
Bill No. CS/HB 1173
Amendment No. 537857
CHAMBER ACTION
Senate House
.
.
.






1Representative Mayfield offered the following:
2
3     Substitute Amendment for Amendment (032977) (with title
4amendment)
5     Remove lines 51-97 and insert:
6
770.001 after presenting a claim to the local government as set
8forth in s. 70.001(4)(a). The imposition of such conditions is
9presumed to impose an inordinate burden. This presumption may be
10rebutted by clear and convincing evidence. This subsection shall
11not apply to comprehensive plan provisions, development
12conditions, or land development regulations enacted by a local
13government to address compatibility of land uses with military
14operations or installations.
15     (a)  The local government and the owner of a parcel of land
16that is the subject of an application for an amendment shall
17have 180 days following the date that the local government
18receives a complete application to negotiate in good faith to
19reach consensus on the land uses, densities, and intensities of
20use that are consistent with the uses, densities, and
21intensities of use of the industrial, commercial, or residential
22areas that surround the parcel. Within 30 days after the local
23government's receipt of such an application, the local
24government and owner must agree in writing to a schedule for
25information submittal, public hearings, negotiations, and final
26action on the amendment, which schedule may thereafter be
27altered only with the written consent of the local government
28and the owner. Compliance with the schedule in the written
29agreement constitutes good faith negotiations for purposes of
30paragraph (d) (c).
31     (b)  Upon conclusion of good faith negotiations under
32paragraph (a), regardless of whether the local government and
33owner reach consensus on the land uses, densities, and
34intensities of use that are consistent with the uses, densities,
35and intensities of use of the industrial, commercial, or
36residential areas that surround the parcel, the amendment must
37be transmitted to the state land planning agency for review
38pursuant to s. 163.3184. If the local government fails to
39transmit the amendment within 180 days after receipt of a
40complete application, the amendment must be immediately
41transferred to the state land planning agency for such review at
42the first available transmittal cycle. A plan amendment
43transmitted to the state land planning agency submitted under
44this subsection is presumed to be consistent with rule 9J-
455.006(5), Florida Administrative Code. This presumption may be
46rebutted by clear and convincing evidence.
47     (c)  Notwithstanding the provisions of a comprehensive
48plan, after review by the state land planning agency, the owner
49shall respond to any objections, recommendations, or comments
50issued by the agency pursuant to s. 163.3184(6) and address each
51compliance issue raised by the state land planning agency
52related to the owner's property. If the department has issued no
53objections, recommendations, or comments, or if the owner has
54responded to any objections, recommendations, or comments and
55the local government denies or fails to approve the amendment
56within the time period specified in s. 163.3184(7), such denial
57or failure to approve the amendment is presumed to impose an
58inordinate burden, and the owner may apply to the circuit court
59for appropriate relief pursuant to s. 70.001 after presenting a
60claim to the local government as set forth in s. 70.001(4)(a). A
61plan amendment reviewed by the land
62
63
64
-----------------------------------------------------
65
T I T L E  A M E N D M E N T
66     Remove line 6 and insert:
67conditions relating to agricultural enclaves; providing for
68exceptions; providing a
69


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