Senate Bill sb1174c1

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    Florida Senate - 2004                           CS for SB 1174

    By the Committee on Comprehensive Planning; and Senator
    Bennett




    316-2391-04

  1                      A bill to be entitled

  2         An act relating to developments of regional

  3         impact; amending s. 380.06, F.S.; requiring

  4         that certain guidelines and standards be

  5         increased for multiuse developments; providing

  6         that the regional planning agency has primary

  7         responsibilty over the

  8         development-of-regional-impact review process;

  9         limiting issues addressed in the review

10         process; revising requirements for development

11         orders that require a contribution of land or

12         public facilities; requiring a local government

13         to issue a certificate of completion; requiring

14         a local government to apply a noise-exposure

15         map approved by the Federal Aviation

16         Administration in certain circumstances;

17         revising certain thresholds under which an

18         airport expansion or a proposed change to a

19         previously approved development constitutes a

20         substantial deviation and is subject to review

21         as a development of regional impact; requiring

22         the state land planning agency to adopt rules;

23         revising notice and hearing requirements;

24         revising the criteria under which certain

25         marinas and waterports are exempt from review;

26         amending s. 380.0651, F.S.; providing that

27         statewide guidelines and standards for

28         residential development apply when a specified

29         number of dwelling units are proposed to be

30         constructed; providing an effective date.

31  

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    Florida Senate - 2004                           CS for SB 1174
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Subsection (2), paragraph (a) of subsection

 4  (12), and subsections (15), (19), (23), and (24) of section

 5  380.06, Florida Statutes, are amended to read:

 6         380.06  Developments of regional impact.--

 7         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

 8         (a)  The state land planning agency shall recommend to

 9  the Administration Commission specific statewide guidelines

10  and standards for adoption under pursuant to this subsection.

11  The Administration Commission shall by rule adopt statewide

12  guidelines and standards to be used in determining whether

13  particular developments shall undergo

14  development-of-regional-impact review. The statewide

15  guidelines and standards previously adopted by the

16  Administration Commission and approved by the Legislature

17  shall remain in effect unless revised under pursuant to this

18  section or superseded by other provisions of law.  Revisions

19  to the present statewide guidelines and standards, after

20  adoption by the Administration Commission, shall be

21  transmitted on or before March 1 to the President of the

22  Senate and the Speaker of the House of Representatives for

23  presentation at the next regular session of the Legislature.

24  Unless approved by law by the Legislature, the revisions to

25  the present guidelines and standards shall not become

26  effective.

27         (b)  In adopting its guidelines and standards, the

28  Administration Commission shall consider and shall be guided

29  by:

30  

31  

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 1         1.  The extent to which the development would create or

 2  alleviate environmental problems such as air or water

 3  pollution or noise.

 4         2.  The amount of pedestrian or vehicular traffic

 5  likely to be generated.

 6         3.  The number of persons likely to be residents,

 7  employees, or otherwise present.

 8         4.  The size of the site to be occupied.

 9         5.  The likelihood that additional or subsidiary

10  development will be generated.

11         6.  The extent to which the development would create an

12  additional demand for, or additional use of, energy, including

13  the energy requirements of subsidiary developments.

14         7.  The unique qualities of particular areas of the

15  state.

16         (c)  With regard to the changes in the guidelines and

17  standards authorized under pursuant to this act, in

18  determining whether a proposed development must comply with

19  the review requirements of this section, the state land

20  planning agency shall apply the guidelines and standards which

21  were in effect when the developer received authorization to

22  commence development from the local government.  If a

23  developer has not received authorization to commence

24  development from the local government prior to the effective

25  date of new or amended guidelines and standards, the new or

26  amended guidelines and standards shall apply.

27         (d)  The guidelines and standards shall be applied as

28  follows:

29         1.  Fixed thresholds.--

30  

31  

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 1         a.  A development that is below 100 percent of all

 2  numerical thresholds in the guidelines and standards shall not

 3  be required to undergo development-of-regional-impact review.

 4         b.  A development that is at or above 120 percent of

 5  any numerical threshold shall be required to undergo

 6  development-of-regional-impact review.

 7         c.  Projects certified under s. 403.973 which create at

 8  least 100 jobs and meet the criteria of the Office of Tourism,

 9  Trade, and Economic Development as to their impact on an

10  area's economy, employment, and prevailing wage and skill

11  levels that are at or below 100 percent of the numerical

12  thresholds for industrial plants, industrial parks,

13  distribution, warehousing or wholesaling facilities, office

14  development or multiuse projects other than residential, as

15  described in s. 380.0651(3)(c), (d), and (i), are not required

16  to undergo development-of-regional-impact review.

17         2.  Rebuttable presumption.--It shall be presumed that

18  a development that is at 100 percent or between 100 and 120

19  percent of a numerical threshold shall be required to undergo

20  development-of-regional-impact review.

21         (e)  With respect to residential, hotel, motel, office,

22  and retail developments, the applicable guidelines and

23  standards shall be increased by 50 percent in urban central

24  business districts and regional activity centers of

25  jurisdictions whose local comprehensive plans are in

26  compliance with part II of chapter 163. With respect to

27  multiuse developments, the applicable individual use

28  guidelines and standards for residential, hotel, motel,

29  office, and retail developments and multiuse guidelines and

30  standards shall be increased by 100 percent in urban central

31  business districts and regional activity centers of

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 1  jurisdictions whose local comprehensive plans are in

 2  compliance with part II of chapter 163, if one land use of the

 3  multiuse development is residential and amounts to not less

 4  than 35 percent of the jurisdiction's applicable residential

 5  threshold.  With respect to resort or convention hotel

 6  developments, the applicable guidelines and standards shall be

 7  increased by 150 percent in urban central business districts

 8  and regional activity centers of jurisdictions whose local

 9  comprehensive plans are in compliance with part II of chapter

10  163 and where the increase is specifically for a proposed

11  resort or convention hotel located in a county with a

12  population greater than 500,000 and the local government

13  specifically designates that the proposed resort or convention

14  hotel development will serve an existing convention center of

15  more than 250,000 gross square feet built prior to July 1,

16  1992. The applicable guidelines and standards shall be

17  increased by 150 percent for development in any area

18  designated by the Governor as a rural area of critical

19  economic concern under pursuant to s. 288.0656 during the

20  effectiveness of the designation.

21         (12)  REGIONAL REPORTS.--

22         (a)  Within 50 days after receipt of the notice of

23  public hearing required in paragraph (11)(c), the regional

24  planning agency, if one has been designated for the area

25  including the local government, shall prepare and submit to

26  the local government a report and recommendations on the

27  regional impact of the proposed development. The regional

28  planning agency has primary responsibilty to coordinate,

29  manage, and oversee the development-of-regional-impact review

30  process. The process is intended to ensure adequate

31  infrastructure and services, protect critical environmental

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 1  resources, and stimulate the economy and create employment

 2  opportunities. The lead agency shall act as a depository of

 3  comments from all other agencies regarding the resource

 4  issues. However, the lead agency shall make final findings and

 5  recommendations. Lead agencies shall supply their findings and

 6  recommendations at least 10 days prior to the regional

 7  planning agency's report deadline. In preparing its report and

 8  recommendations, the regional planning agency shall, after

 9  consultation with the applicant and local government, identify

10  regional issues based upon the following review criteria and

11  make recommendations to the local government on these regional

12  issues, specifically considering whether, and the extent to

13  which:

14         1.  The development will have a favorable or

15  unfavorable impact on state or regional resources or

16  facilities identified in the applicable state or regional

17  plans. For the purposes of this subsection, "applicable state

18  plan" means the state comprehensive plan. For the purposes of

19  this subsection, "applicable regional plan" means an adopted

20  comprehensive regional policy plan until the adoption of a

21  strategic regional policy plan pursuant to s. 186.508, and

22  thereafter means an adopted strategic regional policy plan.

23  Only regional issues adopted by rule in the applicable

24  regional plan shall be part of the review process.

25         2.  The development will significantly impact adjacent

26  jurisdictions. At the request of the appropriate local

27  government, regional planning agencies may also review and

28  comment upon issues that affect only the requesting local

29  government.

30         3.  As one of the issues considered in the review in

31  subparagraphs 1. and 2., the development will favorably or

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    Florida Senate - 2004                           CS for SB 1174
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 1  adversely affect the ability of people to find adequate

 2  housing reasonably accessible to their places of employment.

 3  The determination should take into account information on

 4  factors that are relevant to the availability of reasonably

 5  accessible adequate housing.  Adequate housing means housing

 6  that is available for occupancy and that is not substandard.

 7         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

 8         (a)  The appropriate local government shall render a

 9  decision on the application within 30 days after the hearing

10  unless an extension is requested by the developer.

11         (b)  When possible, local governments shall issue

12  development orders concurrently with any other local permits

13  or development approvals that may be applicable to the

14  proposed development.

15         (c)  The development order shall include findings of

16  fact and conclusions of law consistent with subsections (13)

17  and (14). The development order:

18         1.  Shall specify the monitoring procedures and the

19  local official responsible for assuring compliance by the

20  developer with the development order.

21         2.  Shall establish compliance dates for the

22  development order, including a deadline for commencing

23  physical development and for compliance with conditions of

24  approval or phasing requirements, and shall include a

25  termination date that reasonably reflects the time required to

26  complete the development.

27         3.  Shall establish a date until which the local

28  government agrees that the approved development of regional

29  impact shall not be subject to downzoning, unit density

30  reduction, or intensity reduction, unless the local government

31  can demonstrate that substantial changes in the conditions

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 1  underlying the approval of the development order have

 2  occurred, or the development order was based on substantially

 3  inaccurate information provided by the developer, or that the

 4  change is clearly established by local government to be

 5  essential to prevent harm to the public health, safety, or

 6  welfare.

 7         4.  Shall specify the requirements for the biennial

 8  report designated under subsection (18), including the date of

 9  submission, parties to whom the report is submitted, and

10  contents of the report, based upon the rules adopted by the

11  state land planning agency.  The Such rules shall specify the

12  scope of any additional local requirements that may be

13  necessary for the report. The order may provide that no

14  additional development may occur and certificates of occupancy

15  will not be issued unless the biennial report is timely filed.

16         5.  May specify the types of changes to the development

17  which shall require submission for a substantial deviation

18  determination under subsection (19).

19         6.  Shall include a legal description of the property.

20         (d)  Conditions of a development order that require a

21  developer to contribute land for a public facility or

22  construct, expand, or pay for land acquisition or construction

23  or expansion of a public facility, or portion thereof, shall

24  meet the following criteria:

25         1.  The need to construct new facilities or add to the

26  present system of public facilities must be reasonably

27  attributable to the proposed development.

28         2.  Any contribution of funds, land, or public

29  facilities required from the developer shall be comparable to

30  the amount of funds, land, or public facilities that the state

31  or the local government would reasonably expect to expend or

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 1  provide, based on projected costs of comparable projects, to

 2  mitigate the impacts reasonably attributable to the proposed

 3  development.

 4         3.  Any funds or lands contributed must be expressly

 5  designated and used to mitigate impacts reasonably

 6  attributable to, and must be expended in a manner to benefit,

 7  the proposed development.

 8         4.  Construction or expansion of a public facility by a

 9  nongovernmental developer as a condition of a development

10  order to mitigate the impacts reasonably attributable to the

11  proposed development is not subject to competitive bidding or

12  competitive negotiation for selection of a contractor or

13  design professional for any part of the construction or design

14  unless required by the local government that issues the

15  development order.

16         (e)1.  Effective July 1, 1986, a local government shall

17  not include, as a development order condition for a

18  development of regional impact, any requirement that a

19  developer contribute or pay for land acquisition or

20  construction or expansion of public facilities or portions

21  thereof unless the local government has enacted and has

22  consistently enforced a local ordinance that which requires

23  other development not subject to this section to contribute

24  its proportionate share of the funds, land, or public

25  facilities necessary to accommodate any impacts having a

26  rational nexus to the proposed development, and the need to

27  construct new facilities or add to the present system of

28  public facilities must be reasonably attributable to the

29  proposed development and the funds, lands, or facilities must

30  be provided over a reasonable time period considering the

31  

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 1  development's impact and the type of mitigation being

 2  provided.

 3         2.  A local government may shall not approve a

 4  development of regional impact that does not make adequate

 5  provision for the public facilities needed to accommodate the

 6  impacts of the proposed development unless the local

 7  government includes in the development order a commitment by

 8  the local government to provide these facilities consistently

 9  with the development schedule approved in the development

10  order; however, a local government's failure to meet the

11  requirements of subparagraph 1. and this subparagraph does

12  shall not preclude the issuance of a development order where

13  adequate provision is made by the developer for the public

14  facilities needed to accommodate the impacts of the proposed

15  development.  Any funds or lands contributed by a developer

16  must be expressly designated and used to accommodate impacts

17  reasonably attributable to, and must be expended in a manner

18  to benefit, the proposed development.

19         3.  The Department of Community Affairs and other state

20  and regional agencies involved in the administration and

21  implementation of this act may not impose any requirement or

22  condition, including, but not limited to, impact fees, land

23  dedication, contribution, or other exaction, except as

24  specifically authorized by law. The agencies shall cooperate

25  and work with units of local government in preparing and

26  adopting local impact fee and other contribution ordinances to

27  ensure consistent application to all development within the

28  local government's jurisdiction.

29         (f)  Notice of the adoption of a development order or

30  the subsequent amendments to an adopted development order

31  shall be recorded by the developer, in accordance with s.

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 1  28.222, with the clerk of the circuit court for each county in

 2  which the development is located.  The notice shall include a

 3  legal description of the property covered by the order and

 4  shall state which unit of local government adopted the

 5  development order, the date of adoption, the date of adoption

 6  of any amendments to the development order, the location where

 7  the adopted order with any amendments may be examined, and

 8  that the development order constitutes a land development

 9  regulation applicable to the property. The recording of this

10  notice shall not constitute a lien, cloud, or encumbrance on

11  real property, or actual or constructive notice of any such

12  lien, cloud, or encumbrance.  This paragraph applies only to

13  developments initially approved under this section after July

14  1, 1980.

15         (g)  A local government shall not issue permits for

16  development subsequent to the termination date or expiration

17  date contained in the development order unless:

18         1.  The proposed development has been evaluated

19  cumulatively with existing development under the substantial

20  deviation provisions of subsection (19) subsequent to the

21  termination or expiration date;

22         2.  The proposed development is consistent with an

23  abandonment of development order that has been issued in

24  accordance with the provisions of subsection (26); or

25         3.  The project has been determined to be an

26  essentially built-out development of regional impact through

27  an agreement executed by the developer, the state land

28  planning agency, and the local government, in accordance with

29  s. 380.032, which will establish the terms and conditions

30  under which the development may be continued.  If the project

31  is determined to be essentially built-out, development may

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 1  proceed pursuant to the s. 380.032 agreement after the

 2  termination or expiration date contained in the development

 3  order without further development-of-regional-impact review

 4  subject to the local government comprehensive plan and land

 5  development regulations or subject to a modified

 6  development-of-regional-impact analysis.  As used in this

 7  paragraph, an "essentially built-out" development of regional

 8  impact means:

 9         a.  The development is in compliance with all

10  applicable terms and conditions of the development order

11  except the built-out date; and

12         b.(I)  The amount of development that remains to be

13  built is less than the substantial deviation threshold

14  specified in paragraph (19)(b) for each individual land use

15  category, or, for a multiuse development, the sum total of all

16  unbuilt land uses as a percentage of the applicable

17  substantial deviation threshold is equal to or less than 100

18  percent; or

19         (II)  The state land planning agency and the local

20  government have agreed in writing that the amount of

21  development to be built does not create the likelihood of any

22  additional regional impact not previously reviewed.

23         (h)  If the property is annexed by another local

24  jurisdiction, the annexing jurisdiction shall amend its future

25  land use map and zoning district designation for the subject

26  property and adopt a new development order that incorporates

27  all previous rights and obligations specified in the prior

28  development order.

29         (i)  If an airport authority or other governing body

30  operating a publicly owned, public-use airport has conducted a

31  noise study in accordance with 14 C.F.R. part 150 or if a

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 1  county or municipality has not conducted a noise study or

 2  adopted a noise-exposure map or otherwise regulated airport

 3  noise impacts in connection with its airport operations, such

 4  county or municipality in applying a noise-exposure map to a

 5  development as defined in s. 163.3164(6) pursuant to its

 6  comprehensive plan; to a development order or a permit as

 7  defined in s. 163.3164(4), (7) and (8); to any land

 8  development regulation as defined in s. 163.3221(8); or to

 9  laws as defined in s. 163.3221(9), shall apply the applicable

10  noise-exposure map most recently approved by the Federal

11  Aviation Administration.

12         (j)  The development order shall also provide for the

13  issuance of a certificate of completion. The local government

14  shall render the certificate at the completion of the project

15  upon the request of the developer and a finding by the local

16  government that the project is in substantial compliance with

17  the terms and conditions of the order. Notice of the rendering

18  of the certificate of completion shall be filed by the

19  developer with the clerk of the circuit court for recording in

20  accordance with s. 28.222. The rendering of a certificate of

21  completion shall be subject to appeal pursuant to s. 380.07.

22  Upon recording of the certificate of completion, the project

23  shall cease to be a development-of-regional-impact subject to

24  s. 380.06 and further development of the project shall not be

25  entitled to vesting under this section or part II of chapter

26  163.

27         (19)  SUBSTANTIAL DEVIATIONS.--

28         (a)  Any proposed change to a previously approved

29  development which creates a reasonable likelihood of

30  additional regional impact, or any type of regional impact

31  created by the change not previously reviewed by the regional

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 1  planning agency, shall constitute a substantial deviation and

 2  shall cause the development to be subject to further

 3  development-of-regional-impact review. There are a variety of

 4  reasons why a developer may wish to propose changes to an

 5  approved development of regional impact, including changed

 6  market conditions.  The procedures set forth in this

 7  subsection are for that purpose.

 8         (b)  Effective January 1, 2005, any proposed change to

 9  a previously approved development of regional impact or

10  development order condition which, either individually or

11  cumulatively with other changes, exceeds any of the following

12  criteria shall constitute a substantial deviation and shall

13  cause the development to be subject to further

14  development-of-regional-impact review without the necessity

15  for a finding of same by the local government:

16         1.  An increase in the number of parking spaces at an

17  attraction or recreational facility by 5 percent or 300

18  spaces, whichever is greater, or an increase in the number of

19  spectators that may be accommodated at such a facility by 5

20  percent or 1,000 spectators, whichever is greater.

21         2.  A new runway, a new terminal facility, a 25-percent

22  lengthening of an existing runway, or a 25-percent increase in

23  the number of gates of an existing terminal, but only if the

24  increase adds at least three additional gates. However, if an

25  airport is located in two counties, a 10-percent lengthening

26  of an existing runway or a 20-percent increase in the number

27  of gates of an existing terminal is the applicable criteria.

28         3.  An increase in the number of hospital beds by 5

29  percent or 60 beds, whichever is greater.

30         4.  An increase in industrial development area by 5

31  percent or 32 acres, whichever is greater.

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 1         5.  An increase in the average annual acreage mined by

 2  5 percent or 10 acres, whichever is greater, or an increase in

 3  the average daily water consumption by a mining operation by 5

 4  percent or 300,000 gallons, whichever is greater.  An increase

 5  in the size of the mine by 5 percent or 750 acres, whichever

 6  is less.

 7         6.  An increase in land area for office development by

 8  5 percent or an increase of gross floor area of office

 9  development by 5 percent or 60,000 gross square feet,

10  whichever is greater.

11         7.  An increase in the storage capacity for chemical or

12  petroleum storage facilities by 5 percent, 20,000 barrels, or

13  7 million pounds, whichever is greater.

14         8.  An increase of development at a waterport of wet

15  storage for 20 watercraft, dry storage for 30 watercraft, or

16  wet/dry storage for 60 watercraft in an area identified in the

17  state marina siting plan as an appropriate site for additional

18  waterport development or a 15-percent 5-percent increase in

19  watercraft storage capacity, whichever is greater.

20         9.  An increase in the number of dwelling units by 10 5

21  percent or 100 50 dwelling units, whichever is greater.

22         10.  An increase in commercial development by 75,000

23  50,000 square feet of gross floor area or of parking spaces

24  provided for customers for 450 300 cars or a 10-percent

25  5-percent increase of either of these, whichever is greater.

26         11.  An increase in hotel or motel facility units by 5

27  percent or 75 units, whichever is greater.

28         12.  An increase in a recreational vehicle park area by

29  5 percent or 100 vehicle spaces, whichever is less.

30         13.  A decrease in the area set aside for open space of

31  5 percent or 20 acres, whichever is less.

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 1         14.  A proposed increase to an approved multiuse

 2  development of regional impact where the sum of the increases

 3  of each land use as a percentage of the applicable substantial

 4  deviation criteria is equal to or exceeds 150 100 percent. The

 5  percentage of any decrease in the amount of open space shall

 6  be treated as an increase for purposes of determining when 150

 7  100 percent has been reached or exceeded.

 8         15.  A 15-percent increase in the number of external

 9  vehicle trips generated by the development above that which

10  was projected during the original

11  development-of-regional-impact review.

12         16.  Any change that which would result in development

13  of any area which was specifically set aside in the

14  application for development approval or in the development

15  order for preservation or special protection of endangered or

16  threatened plants or animals designated as endangered,

17  threatened, or species of special concern and their habitat,

18  primary dunes, or archaeological and historical sites

19  designated as significant by the Division of Historical

20  Resources of the Department of State.  The further refinement

21  of such areas by survey shall be considered under

22  sub-subparagraph (e)5.b.

23  

24  The substantial deviation numerical standards in subparagraphs

25  4., 6., 10., 14., excluding residential uses, and 15., are

26  increased by 100 percent for a project certified under s.

27  403.973 which creates jobs and meets criteria established by

28  the Office of Tourism, Trade, and Economic Development as to

29  its impact on an area's economy, employment, and prevailing

30  wage and skill levels. The substantial deviation numerical

31  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are

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 1  increased by 50 percent for a project located wholly within an

 2  urban infill and redevelopment area designated on the

 3  applicable adopted local comprehensive plan future land use

 4  map and not located within the coastal high hazard area.

 5         (c)  An extension of the date of buildout of a

 6  development, or any phase thereof, by 7 or more years shall be

 7  presumed to create a substantial deviation subject to further

 8  development-of-regional-impact review.  An extension of the

 9  date of buildout of an areawide development of regional impact

10  by more than, or any phase thereof, of 5 years but or more but

11  less than 10 7 years is shall be presumed not to create a

12  substantial deviation. These presumptions may be rebutted by

13  clear and convincing evidence at the public hearing held by

14  the local government.  An extension of less than 7 5 years is

15  not a substantial deviation. For the purpose of calculating

16  when a buildout, phase, or termination date has been exceeded,

17  the time shall be tolled during the pendency of administrative

18  or judicial proceedings relating to development permits.  Any

19  extension of the buildout date of a project or a phase thereof

20  shall automatically extend the commencement date of the

21  project, the termination date of the development order, the

22  expiration date of the development of regional impact, and the

23  phases thereof by a like period of time.

24         (d)  A change in the plan of development of an approved

25  development of regional impact resulting from requirements

26  imposed by the Department of Environmental Protection or any

27  water management district created by s. 373.069 or any of

28  their successor agencies or by any appropriate federal

29  regulatory agency shall be submitted to the local government

30  under pursuant to this subsection. The change does shall be

31  presumed not to create a substantial deviation subject to

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 1  further development-of-regional-impact review. However, the

 2  agency-imposed change may be subject to review pursuant to the

 3  comprehensive plan in place at the time of change. The

 4  presumption may be rebutted by clear and convincing evidence

 5  at the public hearing held by the local government.

 6         (e)1.  Except for a development order rendered under

 7  pursuant to subsection (22) or subsection (25), a proposed

 8  change to a development order that individually or

 9  cumulatively with any previous change is less than any

10  numerical criterion contained in subparagraphs (b)1.-15. and

11  does not exceed any other criterion, or that involves an

12  extension of the buildout date of a development, or any phase

13  thereof, of less than 5 years is not subject to the public

14  hearing requirements of subparagraph (f)3., and is not subject

15  to a determination under pursuant to subparagraph (f)5. Notice

16  of the proposed change shall be made to the regional planning

17  council and the state land planning agency. The Such notice

18  shall include a description of previous individual changes

19  made to the development, including changes previously approved

20  by the local government, and shall include appropriate

21  amendments to the development order.

22         2.  The following changes, individually or cumulatively

23  with any previous changes, are not substantial deviations:

24         a.  Changes in the name of the project, developer,

25  owner, or monitoring official.

26         b.  Changes to a setback that do not affect noise

27  buffers, environmental protection or mitigation areas, or

28  archaeological or historical resources.

29         c.  Changes to minimum lot sizes.

30         d.  Changes in the configuration of internal roads that

31  do not affect external access points.

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 1         e.  Changes to the building design or orientation that

 2  stay approximately within the approved area designated for

 3  such building and parking lot, and which do not affect

 4  historical buildings designated as significant by the Division

 5  of Historical Resources of the Department of State.

 6         f.  Changes to increase the acreage in the development,

 7  provided that no development is proposed on the acreage to be

 8  added.

 9         g.  Changes to eliminate an approved land use, provided

10  that there are no additional regional impacts.

11         h.  Changes required to conform to permits approved by

12  any federal, state, or regional permitting agency, provided

13  that these changes do not create additional regional impacts.

14         i.  Any renovation or redevelopment of development

15  within a previously approved development of regional impact

16  which does not change land use or increase density or

17  intensity of use.

18         j.  Any other change which the state land planning

19  agency agrees in writing is similar in nature, impact, or

20  character to the changes enumerated in sub-subparagraphs a.-i.

21  and which does not create the likelihood of any additional

22  regional impact.

23  

24  This subsection does not require a development order amendment

25  for any change listed in sub-subparagraphs a.-j. unless the

26  such issue is addressed either in the existing development

27  order or in the application for development approval, but, in

28  the case of the application, only if, and in the manner in

29  which, the application is incorporated in the development

30  order.

31  

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 1         3.  Except for the change authorized by

 2  sub-subparagraph 2.f., any addition of  10 percent or 100

 3  acres, whichever is less, of contiguous land not previously

 4  reviewed or any change not specified in paragraph (b) or

 5  paragraph (c) shall be presumed not to create a substantial

 6  deviation unless additional density or intensity of

 7  development is requested.  This presumption may be rebutted by

 8  clear and convincing evidence. This additional acreage shall,

 9  if applicable, be subject to the comprehensive plan in place

10  at the time the land is added.

11         4.  Any submittal of a proposed change to a previously

12  approved development shall include a description of individual

13  changes previously made to the development, including changes

14  previously approved by the local government.  The local

15  government shall consider the previous and current proposed

16  changes in deciding whether the such changes cumulatively

17  constitute a substantial deviation requiring further

18  development-of-regional-impact review.

19         5.  The following changes to an approved development of

20  regional impact shall be presumed to create a substantial

21  deviation.  The Such presumption may be rebutted by clear and

22  convincing evidence.

23         a.  A change proposed for 15 percent or more of the

24  acreage to a land use not previously approved in the

25  development order.  Changes of less than 15 percent shall be

26  presumed not to create a substantial deviation.

27         b.  Except for the types of uses listed in subparagraph

28  (b)16., any change that which would result in the development

29  of any area that which was specifically set aside in the

30  application for development approval or in the development

31  order for preservation, buffers, or special protection,

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 1  including habitat for plant and animal species, archaeological

 2  and historical sites, dunes, and other special areas.

 3         c.  Notwithstanding any provision of paragraph (b) to

 4  the contrary, a proposed change consisting of simultaneous

 5  increases and decreases of at least two of the uses within an

 6  authorized multiuse development of regional impact which was

 7  originally approved with three or more uses specified in s.

 8  380.0651(3)(c), (d), (f), and (g) and residential use.

 9         (f)1.  The state land planning agency shall establish

10  by rule standard forms for submittal of proposed changes to a

11  previously approved development of regional impact which may

12  require further development-of-regional-impact review.  At a

13  minimum, the standard form shall require the developer to

14  provide the precise language that the developer proposes to

15  delete or add as an amendment to the development order.

16         2.  The developer shall submit, simultaneously, to the

17  local government, the regional planning agency, and the state

18  land planning agency the request for approval of a proposed

19  change.

20         3.  No sooner than 30 days but No later than 30 45 days

21  after submittal by the developer to the local government, the

22  state land planning agency, and the appropriate regional

23  planning agency, the local government shall give 15 days'

24  notice and schedule a public hearing to consider the change

25  that the developer asserts does not create a substantial

26  deviation. This public hearing shall be held within 75 90 days

27  after submittal of the proposed changes, unless that time is

28  extended by the developer.

29         4.  The appropriate regional planning agency or the

30  state land planning agency shall review the proposed change

31  and, no later than 30 45 days after submittal by the developer

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 1  of the proposed change, unless that time is extended by the

 2  developer, and prior to the public hearing at which the

 3  proposed change is to be considered, shall advise the local

 4  government in writing whether it objects to the proposed

 5  change, shall specify the reasons for its objection, if any,

 6  and shall provide a copy to the developer.

 7         5.  Ten days prior to At the public hearing, the local

 8  government staff shall notify the developer of their

 9  preliminary recommendation determine whether the proposed

10  change requires further development-of-regional-impact review.

11  The provisions of paragraphs (a) and (e), the thresholds set

12  forth in paragraph (b), and the presumptions set forth in

13  paragraphs (c) and (d) and subparagraph (e)3. shall be

14  applicable in determining whether further

15  development-of-regional-impact review is required.

16         6.  If the local government determines at the public

17  hearing that the proposed change does not require further

18  development-of-regional-impact review and is otherwise

19  approved, or if the proposed change is not subject to a

20  hearing and determination under pursuant to subparagraphs 3.

21  and 5. and is otherwise approved, the local government shall

22  issue an amendment to the development order incorporating the

23  approved change and conditions of approval relating to the

24  change. The approval does not divest any of the original

25  development of regional impact. The decision of the local

26  government to approve, with or without conditions, or to deny

27  the proposed change that the developer asserts does not

28  require further review shall be subject to the appeal

29  provisions of s. 380.07. However, the state land planning

30  agency may not appeal the local government decision if it did

31  not comply with subparagraph 4.  The state land planning

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 1  agency may not appeal a change to a development order made

 2  under pursuant to subparagraph (e)1. or subparagraph (e)2. for

 3  developments of regional impact approved after January 1,

 4  1980, unless the change would result in a significant impact

 5  to a regionally significant archaeological, historical, or

 6  natural resource not previously identified in the original

 7  development-of-regional-impact review.

 8         (g)  If a proposed change requires further

 9  development-of-regional-impact review under pursuant to this

10  section, the review shall be conducted subject to the

11  following additional conditions:

12         1.  The development-of-regional-impact review conducted

13  by the appropriate regional planning agency shall address only

14  those issues raised by the proposed change except as provided

15  in subparagraph 2.

16         2.  The regional planning agency shall consider, and

17  the local government shall determine whether to approve,

18  approve with conditions, or deny the proposed change as it

19  relates to the entire development.  If the local government

20  determines that the proposed change, as it relates to the

21  entire development, is unacceptable, the local government

22  shall deny the change.

23         3.  If the local government determines that the

24  proposed change, as it relates to the entire development,

25  should be approved, any new conditions in the amendment to the

26  development order issued by the local government shall address

27  only those issues raised by the proposed change.

28         4.  Development within the previously approved

29  development of regional impact may continue, as approved,

30  during the development-of-regional-impact review in those

31  

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 1  portions of the development which are not affected by the

 2  proposed change.

 3         (h)  When further development-of-regional-impact review

 4  is required because a substantial deviation has been

 5  determined or admitted by the developer, the amendment to the

 6  development order issued by the local government shall be

 7  consistent with the requirements of subsection (15) and shall

 8  be subject to the hearing and appeal provisions of s. 380.07.

 9  The state land planning agency or the appropriate regional

10  planning agency need not participate at the local hearing in

11  order to appeal a local government development order issued

12  under pursuant to this paragraph.

13         (23)  ADOPTION OF RULES BY STATE LAND PLANNING

14  AGENCY.--

15         (a)  The state land planning agency shall adopt rules

16  to ensure uniform review of developments of regional impact by

17  the state land planning agency and regional planning agencies

18  under this section.  These rules shall be adopted under

19  pursuant to chapter 120 and shall include all forms,

20  application content, and review guidelines necessary to

21  implement development-of-regional-impact reviews.  The state

22  land planning agency, in consultation with the regional

23  planning agencies, may also designate types of development or

24  areas suitable for development in which reduced information

25  requirements for development-of-regional-impact review shall

26  apply. Prior to January 1, 2005, the state land planning

27  agency shall commence rulemaking to streamline and reduce

28  duplication by revising the questions contained in the

29  application for development approval. Questions should avoid

30  duplicative information demands and be posed at a planning

31  level of detail.

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 1         (b)  Regional planning agencies shall be subject to

 2  rules adopted by the state land planning agency.  At the

 3  request of a regional planning council, the state land

 4  planning agency may adopt by rule different standards for a

 5  specific comprehensive planning district upon a finding that

 6  the statewide standard is inadequate to protect or promote the

 7  regional interest at issue. If such a regional standard is

 8  adopted by the state land planning agency, the regional

 9  standard shall be applied to all pertinent

10  development-of-regional-impact reviews conducted in that

11  region until rescinded.

12         (c)  Within 6 months of the effective date of this

13  section, the state land planning agency shall adopt rules

14  which:

15         1.  Establish uniform statewide standards for

16  development-of-regional-impact review.

17         2.  Establish a short application for development

18  approval form which eliminates issues and questions for any

19  project in a jurisdiction with an adopted local comprehensive

20  plan that is in compliance.

21         (d)  Regional planning agencies that perform

22  development-of-regional-impact and Florida Quality Development

23  review are authorized to assess and collect fees to fund the

24  costs, direct and indirect, of conducting the review process.

25  The state land planning agency shall adopt rules to provide

26  uniform criteria for the assessment and collection of such

27  fees.  The rules providing uniform criteria shall not be

28  subject to rule challenge under s. 120.56(2) or to drawout

29  proceedings under s. 120.54(3)(c)2., but, once adopted, shall

30  be subject to an invalidity challenge under s. 120.56(3) by

31  substantially affected persons. Until the state land planning

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 1  agency adopts a rule implementing this paragraph, rules of the

 2  regional planning councils currently in effect regarding fees

 3  shall remain in effect. Fees may vary in relation to the type

 4  and size of a proposed project, but shall not exceed $75,000,

 5  unless the state land planning agency, after reviewing any

 6  disputed expenses charged by the regional planning agency,

 7  determines that said expenses were reasonable and necessary

 8  for an adequate regional review of the impacts of a project.

 9         (24)  STATUTORY EXEMPTIONS.--

10         (a)  Any proposed hospital that which has a designed

11  capacity of not more than 100 beds is exempt from the

12  provisions of this section.

13         (b)  Any proposed electrical transmission line or

14  electrical power plant is exempt from the provisions of this

15  section, except any steam or solar electrical generating

16  facility of less than 50 megawatts in capacity attached to a

17  development of regional impact.

18         (c)  Any proposed addition to an existing sports

19  facility complex is exempt from the provisions of this section

20  if the addition meets the following characteristics:

21         1.  It would not operate concurrently with the

22  scheduled hours of operation of the existing facility.

23         2.  Its seating capacity would be no more than 75

24  percent of the capacity of the existing facility.

25         3.  The sports facility complex property is owned by a

26  public body prior to July 1, 1983.

27  

28  This exemption does not apply to any pari-mutuel facility.

29         (d)  Any proposed addition or cumulative additions

30  subsequent to July 1, 1988, to an existing sports facility

31  complex owned by a state university is exempt if the increased

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 1  seating capacity of the complex is no more than 30 percent of

 2  the capacity of the existing facility.

 3         (e)  Any addition of permanent seats or parking spaces

 4  for an existing sports facility located on property owned by a

 5  public body prior to July 1, 1973, is exempt from the

 6  provisions of this section if future additions do not expand

 7  existing permanent seating or parking capacity more than 15

 8  percent annually in excess of the prior year's capacity.

 9         (f)  Any increase in the seating capacity of an

10  existing sports facility having a permanent seating capacity

11  of at least 50,000 spectators is exempt from the provisions of

12  this section, provided that the such an increase does not

13  increase permanent seating capacity by more than 5 percent per

14  year and not to exceed a total of 10 percent in any 5-year

15  period, and provided that the sports facility notifies the

16  appropriate local government within which the facility is

17  located of the increase at least 6 months prior to the initial

18  use of the increased seating, in order to permit the

19  appropriate local government to develop a traffic management

20  plan for the traffic generated by the increase.  Any traffic

21  management plan shall be consistent with the local

22  comprehensive plan, the regional policy plan, and the state

23  comprehensive plan.

24         (g)  Any expansion in the permanent seating capacity or

25  additional improved parking facilities of an existing sports

26  facility is exempt from the provisions of this section, if the

27  following conditions exist:

28         1.a.  The sports facility had a permanent seating

29  capacity on January 1, 1991, of at least 41,000 spectator

30  seats;

31  

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 1         b.  The sum of the such expansions in permanent seating

 2  capacity does not exceed a total of 10 percent in any 5-year

 3  period and does not exceed a cumulative total of 20 percent

 4  for any such expansions; or

 5         c.  The increase in additional improved parking

 6  facilities is a one-time addition and does not exceed 3,500

 7  parking spaces serving the sports facility; and

 8         2.  The local government having jurisdiction of the

 9  sports facility includes in the development order or

10  development permit approving the such expansion under this

11  paragraph a finding of fact that the proposed expansion is

12  consistent with the transportation, water, sewer and

13  stormwater drainage provisions of the approved local

14  comprehensive plan and local land development regulations

15  relating to those provisions.

16  

17  Any owner or developer who intends to rely on this statutory

18  exemption shall provide to the department a copy of the local

19  government application for a development permit.  Within 45

20  days after of receipt of the application, the department shall

21  render to the local government an advisory and nonbinding

22  opinion, in writing, stating whether, in the department's

23  opinion, the prescribed conditions exist for an exemption

24  under this paragraph.  The local government shall render the

25  development order approving each such expansion to the

26  department.  The owner, developer, or department may appeal

27  the local government development order under pursuant to s.

28  380.07, within 45 days after the order is rendered.  The scope

29  of review shall be limited to the determination of whether the

30  conditions prescribed in this paragraph exist.  If any sports

31  facility expansion undergoes development of regional impact

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 1  review, all previous expansions which were exempt under this

 2  paragraph shall be included in the development of regional

 3  impact review.

 4         (h)  Expansion to port harbors, spoil disposal sites,

 5  navigation channels, turning basins, harbor berths, and other

 6  related inwater harbor facilities of ports listed in s.

 7  403.021(9)(b), port transportation facilities and projects

 8  listed in s. 311.07(3)(b), and intermodal transportation

 9  facilities identified under pursuant to s. 311.09(3) are

10  exempt from the provisions of this section when the such

11  expansions, projects, or facilities are consistent with

12  comprehensive master plans that are in compliance with the

13  provisions of s. 163.3178.

14         (i)  Any proposed facility for the storage of any

15  petroleum product or any expansion of an existing facility is

16  exempt from the provisions of this section, if the facility is

17  consistent with a local comprehensive plan that is in

18  compliance with s. 163.3177 or is consistent with a

19  comprehensive port master plan that is in compliance with s.

20  163.3178.

21         (j)  Any renovation or redevelopment within the same

22  land parcel which does not change land use or increase density

23  or intensity of use.

24         (k)  A marina or waterport that is not subject to a

25  development order under s. 380.06(15), that is expanded or

26  constructed after July 1, 2004, and that has fewer than 300

27  new vehicular parking spaces is exempt from this section

28  unless the marina or waterport is located in one of the

29  counties enumerated in s. 370.12 where a manatee protection

30  plan has not been adopted by the board of county

31  commissioners.

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 1         1.  Any waterport that is not subject to a development

 2  or marina development is exempt from the provisions of this

 3  section if the relevant county or municipality has adopted a

 4  boating facility siting plan or policy which includes

 5  applicable criteria, considering such factors as natural

 6  resources, manatee protection needs and recreation and

 7  economic demands as generally outlined in the Bureau of

 8  Protected Species Management Boat Facility Siting Guide, dated

 9  August 2000, into the coastal management or land use element

10  of its comprehensive plan. The adoption of boating facility

11  siting plans or policies into the comprehensive plan is exempt

12  from the provisions of s. 163.3187(1). Any waterport or marina

13  development within the municipalities or counties with boating

14  facility siting plans or policies that meet the above

15  criteria, adopted prior to April 1, 2002, are exempt from the

16  provisions of this section, when their boating facility siting

17  plan or policy is adopted as part of the relevant local

18  government's comprehensive plan.

19         2.  Within 6 months of the effective date of this law,

20  the Department of Community Affairs, in conjunction with the

21  Department of Environmental Protection and the Florida Fish

22  and Wildlife Conservation Commission, shall provide technical

23  assistance and guidelines, including model plans, policies and

24  criteria to local governments for the development of their

25  siting plans.

26         Section 2.  Paragraph (j) of subsection (3) of section

27  380.0651, Florida Statutes, is amended to read:

28         380.0651  Statewide guidelines and standards.--

29         (3)  The following statewide guidelines and standards

30  shall be applied in the manner described in s. 380.06(2) to

31  

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 1  determine whether the following developments shall be required

 2  to undergo development-of-regional-impact review:

 3         (j)  Residential development.--No rule may be adopted

 4  concerning residential developments which treats a residential

 5  development in one county as being located in a less populated

 6  adjacent county unless more than 25 percent of the development

 7  is located within 2 or less miles of the less populated

 8  adjacent county. Effective January 1, 2005, the minimum

 9  threshold for a development-of-regional-impact review is 625

10  residential dwelling units. However, the minimum 625

11  residential-dwelling-unit review criterion is not subject to

12  the 150-percent multiplier permitted in rural areas of

13  economic concern under s. 380.06(2)(e). A local government

14  having a development-of-regional-impact threshold below 625

15  residential dwelling units shall receive financial assistance

16  for third-party planning and technical assistance in the form

17  of application fees not to exceed $75,000 for residential

18  development projects that fall between its current threshold

19  and 625 residential dwelling units.

20         Section 3.  This act shall take effect July 1, 2004.

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1174

 3                                 

 4  The committee substitute (CS) deletes language that limited
    the information to be included in an application for
 5  development approval to only those "regionally" significant
    mutijurisdictional issues." It provides that regional planning
 6  agencies have primary responsibility for the coordination,
    management, and oversight of the
 7  development-of-regional-impact review process. The CS limits
    the review process to those issues that are adopted by rule in
 8  the applicable regional plan.

 9  The CS requires the funds, lands, or facilities necessary to
    serve new development to be provided over a reasonable period
10  of time considering the development's impact and the type of
    mitigation being provided. It deletes language that prohibited
11  the Department of Community Affairs from recommending a
    requirement or contribution, or other exaction, except as
12  authorized by law.

13  In addition, this CS provides that an airport authority or
    other governing body must apply the noise-exposure map most
14  recently approved by the Federal Aviation Administration when
    applying such a map to certain developments, development
15  orders, land development regulations, or laws. It revises
    thresholds for certain airport expansions and proposed changes
16  to a previously approved development of regional impact when
    determining whether such change constitutes a substantial
17  deviation that requires further review. Finally, it provides
    that the minimum threshold for a
18  development-of-regional-impact review is 625 residential
    dwelling units. This 625 residential-dwelling-unit review
19  criterion is not subject to the 150-percent multiplier
    permitted in rural areas of economic concern.
20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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