Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for HB 269
Barcode 206388
LEGISLATIVE ACTION
Senate . House
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Floor: 1d/RE/3R .
04/30/2013 04:50 PM .
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Senator Altman moved the following:
1 Senate Amendment to Amendment (117882) (with title
2 amendment)
3
4 Delete lines 5 - 64
5 and insert:
6 Section 1. Section 125.022, Florida Statutes, is amended to
7 read:
8 125.022 Development permits.—When a county denies an
9 application for a development permit, the county shall give
10 written notice to the applicant. The notice must include a
11 citation to the applicable portions of an ordinance, rule,
12 statute, or other legal authority for the denial of the permit.
13 As used in this section, the term “development permit” has the
14 same meaning as in s. 163.3164. For any development permit
15 application filed with the county after July 1, 2012, a county
16 may not require as a condition of processing or issuing a
17 development permit that an applicant obtain a permit or approval
18 from any state or federal agency unless the agency has issued a
19 final agency action that denies the federal or state permit
20 before the county action on the local development permit.
21 Issuance of a development permit by a county does not in any way
22 create any rights on the part of the applicant to obtain a
23 permit from a state or federal agency and does not create any
24 liability on the part of the county for issuance of the permit
25 if the applicant fails to obtain requisite approvals or fulfill
26 the obligations imposed by a state or federal agency or
27 undertakes actions that result in a violation of state or
28 federal law. A county shall may attach such a disclaimer to the
29 issuance of a development permit and shall may include a permit
30 condition that all other applicable state or federal permits be
31 obtained before commencement of the development. This section
32 does not prohibit a county from providing information to an
33 applicant regarding what other state or federal permits may
34 apply.
35 Section 2. Section 162.12, Florida Statutes, is amended to
36 read:
37 162.12 Notices.—
38 (1) All notices required by this part must be provided to
39 the alleged violator by:
40 (a) Certified mail, return receipt requested, to the
41 address listed in the tax collector’s office for tax notices, or
42 to the address listed in the county property appraiser’s
43 database. The local government may also provide an additional
44 notice to any other address it may find for provided by the
45 property owner in writing to the local government for the
46 purpose of receiving notices. For property owned by a
47 corporation, notices may be provided by certified mail to the
48 registered agent of the corporation. If any notice sent by
49 certified mail is not signed as received within 30 days after
50 the postmarked date of mailing, notice may be provided by
51 posting as described in subparagraphs (2)(b)1. and 2.;
52 (b) Hand delivery by the sheriff or other law enforcement
53 officer, code inspector, or other person designated by the local
54 governing body;
55 (c) Leaving the notice at the violator’s usual place of
56 residence with any person residing therein who is above 15 years
57 of age and informing such person of the contents of the notice;
58 or
59 (d) In the case of commercial premises, leaving the notice
60 with the manager or other person in charge.
61 (2) In addition to providing notice as set forth in
62 subsection (1), at the option of the code enforcement board or
63 the local government, notice may also be served by publication
64 or posting, as follows:
65 (a)1. Such notice shall be published once during each week
66 for 4 consecutive weeks (four publications being sufficient) in
67 a newspaper of general circulation in the county where the code
68 enforcement board is located. The newspaper shall meet such
69 requirements as are prescribed under chapter 50 for legal and
70 official advertisements.
71 2. Proof of publication shall be made as provided in ss.
72 50.041 and 50.051.
73 (b)1. In lieu of publication as described in paragraph (a),
74 such notice may be posted at least 10 days prior to the hearing,
75 or prior to the expiration of any deadline contained in the
76 notice, in at least two locations, one of which shall be the
77 property upon which the violation is alleged to exist and the
78 other of which shall be, in the case of municipalities, at the
79 primary municipal government office, and in the case of
80 counties, at the front door of the courthouse or the main county
81 governmental center in said county.
82 2. Proof of posting shall be by affidavit of the person
83 posting the notice, which affidavit shall include a copy of the
84 notice posted and the date and places of its posting.
85 (c) Notice by publication or posting may run concurrently
86 with, or may follow, an attempt or attempts to provide notice by
87 hand delivery or by mail as required under subsection (1).
88
89 Evidence that an attempt has been made to hand deliver or
90 mail notice as provided in subsection (1), together with proof
91 of publication or posting as provided in subsection (2), shall
92 be sufficient to show that the notice requirements of this part
93 have been met, without regard to whether or not the alleged
94 violator actually received such notice.
95 Section 3. Section 166.033, Florida Statutes, is amended to
96 read:
97 166.033 Development permits.—When a municipality denies an
98 application for a development permit, the municipality shall
99 give written notice to the applicant. The notice must include a
100 citation to the applicable portions of an ordinance, rule,
101 statute, or other legal authority for the denial of the permit.
102 As used in this section, the term “development permit” has the
103 same meaning as in s. 163.3164. For any development permit
104 application filed with the municipality after July 1, 2012, a
105 municipality may not require as a condition of processing or
106 issuing a development permit that an applicant obtain a permit
107 or approval from any state or federal agency unless the agency
108 has issued a final agency action that denies the federal or
109 state permit before the municipal action on the local
110 development permit. Issuance of a development permit by a
111 municipality does not in any way create any right on the part of
112 an applicant to obtain a permit from a state or federal agency
113 and does not create any liability on the part of the
114 municipality for issuance of the permit if the applicant fails
115 to obtain requisite approvals or fulfill the obligations imposed
116 by a state or federal agency or undertakes actions that result
117 in a violation of state or federal law. A municipality shall may
118 attach such a disclaimer to the issuance of development permits
119 and shall may include a permit condition that all other
120 applicable state or federal permits be obtained before
121 commencement of the development. This section does not prohibit
122 a municipality from providing information to an applicant
123 regarding what other state or federal permits may apply.
124
125 ================= T I T L E A M E N D M E N T ================
126 And the title is amended as follows:
127 Delete lines 1328 - 1329
128 and insert:
129 125.022, F.S.; requiring counties to attach certain
130 disclaimers and include certain permit conditions when
131 issuing development permits; amending s. 162.12, F.S.;
132 revising notice requirements in the Local Government
133 Code Enforcement Boards Act; amending s. 166.033,
134 F.S.; requiring municipalities to attach certain
135 disclaimers and include certain permit conditions when
136 issuing development permits;