Bill Amendment: FL H0269 | 2013 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Building Construction

Status: 2013-06-17 - Chapter No. 2013-193, companion bill(s) passed, see CS/HB 7019 (Ch. 2013-213) [H0269 Detail]

Download: Florida-2013-H0269-Senate_Floor_Amendment_206388_to_Amendment_117882.html

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       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;