Amendment
Bill No. CS/HB 7129
Amendment No. 327559
CHAMBER ACTION
Senate House
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1Representative Berman offered the following:
2
3     Amendment
4     Remove lines 5112-5126 and insert:
5     1.  In challenges filed by an affected person, the local
6government's determination shall be sustained unless it is shown
7by a preponderance of the evidence that the amendment is not in
8compliance with the requirements of this act.
9     2.a.  In challenges filed by the state land planning
10agency, the local government's determination that the
11comprehensive plan or plan amendment is in compliance is
12presumed to be correct, and the local government's determination
13shall be sustained unless it is shown by a preponderance of the
14evidence that the comprehensive plan or plan amendment is not in
15compliance.
16     b.  In challenges filed by the state land planning agency,
17the local government's determination that elements of its plan
18are related to and consistent with each other shall be sustained
19unless it is shown by a preponderance of the evidence that the
20amendment is not in compliance with the requirements of this
21act.
22
23     Remove lines 5961-5982 and insert:
24     (5)(a)  Any affected person may file a petition with the
25Division of Administrative Hearings pursuant to ss. 120.569 and
26120.57 to request a hearing to challenge the compliance of a
27small scale development amendment with this act within 30 days
28following the local government's adoption of the amendment and,
29shall serve a copy of the petition on the local government, and
30shall furnish a copy to the state land planning agency. An
31administrative law judge shall hold a hearing in the affected
32jurisdiction not less than 30 days nor more than 60 days
33following the filing of a petition and the assignment of an
34administrative law judge. The parties to a hearing held pursuant
35to this subsection shall be the petitioner, the local
36government, and any intervenor. In the proceeding, the local
37government's determination that the small scale development
38amendment is in compliance is presumed to be correct. The local
39government's determination shall be sustained unless it is shown
40by a preponderance of the evidence that the amendment is not in
41compliance with the requirements of this act. In any proceeding
42initiated pursuant to this subsection, The state land planning
43agency may intervene in any proceeding initiated pursuant to
44this section.


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