Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. CS for CS for SB 1020
                        Barcode 294664
                            CHAMBER ACTION
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       05/02/2006 02:47 PM         .                    
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11  Senator Bennett moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Subsection (11) of section 163.01, Florida
18  Statutes, is amended to read:
19         163.01  Florida Interlocal Cooperation Act of 1969.--
20         (11)  Prior to its effectiveness, an interlocal
21  agreement and subsequent amendments thereto shall be filed
22  with the clerk of the circuit court of each county where a
23  party to the agreement is located. However, if the parties to
24  the agreement are located in multiple counties and the
25  agreement under subsection (7) provides for a separate legal
26  entity or administrative entity to administer the agreement,
27  the interlocal agreement and any amendments thereto may be
28  filed with the clerk of the circuit court in the county where
29  the legal or administrative entity maintains its principal
30  place of business.
31         Section 2.  Paragraph (g) of subsection (6) and
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 paragraph (d) of subsection (11) of section 163.3177, Florida 2 Statutes, are amended to read: 3 163.3177 Required and optional elements of 4 comprehensive plan; studies and surveys.-- 5 (6) In addition to the requirements of subsections 6 (1)-(5) and (12), the comprehensive plan shall include the 7 following elements: 8 (g)1. For those units of local government identified 9 in s. 380.24, a coastal management element, appropriately 10 related to the particular requirements of paragraphs (d) and 11 (e) and meeting the requirements of s. 163.3178(2) and (3). 12 The coastal management element shall set forth the policies 13 that shall guide the local government's decisions and program 14 implementation with respect to the following objectives: 15 a.1. Maintenance, restoration, and enhancement of the 16 overall quality of the coastal zone environment, including, 17 but not limited to, its amenities and aesthetic values. 18 b.2. Continued existence of viable populations of all 19 species of wildlife and marine life. 20 c.3. The orderly and balanced utilization and 21 preservation, consistent with sound conservation principles, 22 of all living and nonliving coastal zone resources. 23 d.4. Avoidance of irreversible and irretrievable loss 24 of coastal zone resources. 25 e.5. Ecological planning principles and assumptions to 26 be used in the determination of suitability and extent of 27 permitted development. 28 f.6. Proposed management and regulatory techniques. 29 g.7. Limitation of public expenditures that subsidize 30 development in high-hazard coastal areas. 31 h.8. Protection of human life against the effects of 2 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 natural disasters. 2 i.9. The orderly development, maintenance, and use of 3 ports identified in s. 403.021(9) to facilitate deepwater 4 commercial navigation and other related activities. 5 j.10. Preservation, including sensitive adaptive use 6 of historic and archaeological resources. 7 2. As part of this element, a local government that 8 has a coastal management element in its comprehensive plan is 9 encouraged to adopt recreational surface water use policies 10 that include applicable criteria for and consider such factors 11 as natural resources, manatee protection needs, protection of 12 working waterfronts and public access to the water, and 13 recreation and economic demands. Criteria for manatee 14 protection in the recreational surface water use policies 15 should reflect applicable guidance outlined in the Boat 16 Facility Siting Guide prepared by the Fish and Wildlife 17 Conservation Commission. If the local government elects to 18 adopt recreational surface water use policies by comprehensive 19 plan amendment, such comprehensive plan amendment is exempt 20 from the provisions of s. 163.3187(1). Local governments that 21 wish to adopt recreational surface water use policies may be 22 eligible for assistance with the development of such policies 23 through the Florida Coastal Management Program. The Office of 24 Program Policy Analysis and Government Accountability shall 25 submit a report on the adoption of recreational surface water 26 use policies under this subparagraph to the President of the 27 Senate, the Speaker of the House of Representatives, and the 28 majority and minority leaders of the Senate and the House of 29 Representatives no later than December 1, 2010. 30 (11) 31 (d)1. The department, in cooperation with the 3 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 Department of Agriculture and Consumer Services, the 2 Department of Environmental Protection, water management 3 districts, and regional planning councils, shall provide 4 assistance to local governments in the implementation of this 5 paragraph and rule 9J-5.006(5)(l), Florida Administrative 6 Code. Implementation of those provisions shall include a 7 process by which the department may authorize local 8 governments to designate all or portions of lands classified 9 in the future land use element as predominantly agricultural, 10 rural, open, open-rural, or a substantively equivalent land 11 use, as a rural land stewardship area within which planning 12 and economic incentives are applied to encourage the 13 implementation of innovative and flexible planning and 14 development strategies and creative land use planning 15 techniques, including those contained herein and in rule 16 9J-5.006(5)(l), Florida Administrative Code. Assistance may 17 include, but is not limited to: 18 a. Assistance from the Department of Environmental 19 Protection and water management districts in creating the 20 geographic information systems land cover database and aerial 21 photogrammetry needed to prepare for a rural land stewardship 22 area; 23 b. Support for local government implementation of 24 rural land stewardship concepts by providing information and 25 assistance to local governments regarding land acquisition 26 programs that may be used by the local government or 27 landowners to leverage the protection of greater acreage and 28 maximize the effectiveness of rural land stewardship areas; 29 and 30 c. Expansion of the role of the Department of 31 Community Affairs as a resource agency to facilitate 4 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 establishment of rural land stewardship areas in smaller rural 2 counties that do not have the staff or planning budgets to 3 create a rural land stewardship area. 4 2. The department shall encourage participation by 5 local governments of different sizes and rural characteristics 6 in establishing and implementing rural land stewardship areas. 7 It is the intent of the Legislature that rural land 8 stewardship areas be used to further the following broad 9 principles of rural sustainability: restoration and 10 maintenance of the economic value of rural land; control of 11 urban sprawl; identification and protection of ecosystems, 12 habitats, and natural resources; promotion of rural economic 13 activity; maintenance of the viability of Florida's 14 agricultural economy; and protection of the character of rural 15 areas of Florida. Rural land stewardship areas may be 16 multicounty in order to encourage coordinated regional 17 stewardship planning. 18 3. A local government, in conjunction with a regional 19 planning council, a stakeholder organization of private land 20 owners, or another local government, shall notify the 21 department in writing of its intent to designate a rural land 22 stewardship area. The written notification shall describe the 23 basis for the designation, including the extent to which the 24 rural land stewardship area enhances rural land values, 25 controls urban sprawl, provides necessary open space for 26 agriculture and protection of the natural environment, 27 promotes rural economic activity, and maintains rural 28 character and the economic viability of agriculture. 29 4. A rural land stewardship area shall be not less 30 than 10,000 acres and shall be located outside of 31 municipalities and established urban growth boundaries, and 5 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 shall be designated by plan amendment. The plan amendment 2 designating a rural land stewardship area shall be subject to 3 review by the Department of Community Affairs pursuant to s. 4 163.3184 and shall provide for the following: 5 a. Criteria for the designation of receiving areas 6 within rural land stewardship areas in which innovative 7 planning and development strategies may be applied. Criteria 8 shall at a minimum provide for the following: adequacy of 9 suitable land to accommodate development so as to avoid 10 conflict with environmentally sensitive areas, resources, and 11 habitats; compatibility between and transition from higher 12 density uses to lower intensity rural uses; the establishment 13 of receiving area service boundaries which provide for a 14 separation between receiving areas and other land uses within 15 the rural land stewardship area through limitations on the 16 extension of services; and connection of receiving areas with 17 the rest of the rural land stewardship area using rural design 18 and rural road corridors. 19 b. Goals, objectives, and policies setting forth the 20 innovative planning and development strategies to be applied 21 within rural land stewardship areas pursuant to the provisions 22 of this section. 23 c. A process for the implementation of innovative 24 planning and development strategies within the rural land 25 stewardship area, including those described in this subsection 26 and rule 9J-5.006(5)(l), Florida Administrative Code, which 27 provide for a functional mix of land uses, including adequate 28 available workforce housing, including low, very-low and 29 moderate income housing for the development anticipated in the 30 receiving area and which are applied through the adoption by 31 the local government of zoning and land development 6 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 regulations applicable to the rural land stewardship area. 2 d. A process which encourages visioning pursuant to s. 3 163.3167(11) to ensure that innovative planning and 4 development strategies comply with the provisions of this 5 section. 6 e. The control of sprawl through the use of innovative 7 strategies and creative land use techniques consistent with 8 the provisions of this subsection and rule 9J-5.006(5)(l), 9 Florida Administrative Code. 10 5. A receiving area shall be designated by the 11 adoption of a land development regulation. Prior to the 12 designation of a receiving area, the local government shall 13 provide the Department of Community Affairs a period of 30 14 days in which to review a proposed receiving area for 15 consistency with the rural land stewardship area plan 16 amendment and to provide comments to the local government. At 17 the time of designation of a stewardship receiving area, a 18 listed species survey will be performed. If listed species 19 occur on the receiving area site, the developer shall 20 coordinate with each appropriate local, state, or federal 21 agency to determine if adequate provisions have been made to 22 protect those species in accordance with applicable 23 regulations. In determining the adequacy of provisions for the 24 protection of listed species and their habitats, the rural 25 land stewardship area shall be considered as a whole, and the 26 impacts to areas to be developed as receiving areas shall be 27 considered together with the environmental benefits of areas 28 protected as sending areas in fulfilling this criteria. 29 6. Upon the adoption of a plan amendment creating a 30 rural land stewardship area, the local government shall, by 31 ordinance, establish the methodology for the creation, 7 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 conveyance, and use of transferable rural land use credits, 2 otherwise referred to as stewardship credits, the application 3 of which shall not constitute a right to develop land, nor 4 increase density of land, except as provided by this section. 5 The total amount of transferable rural land use credits within 6 the rural land stewardship area must enable the realization of 7 the long-term vision and goals for the 25-year or greater 8 projected population of the rural land stewardship area, which 9 may take into consideration the anticipated effect of the 10 proposed receiving areas. Transferable rural land use credits 11 are subject to the following limitations: 12 a. Transferable rural land use credits may only exist 13 within a rural land stewardship area. 14 b. Transferable rural land use credits may only be 15 used on lands designated as receiving areas and then solely 16 for the purpose of implementing innovative planning and 17 development strategies and creative land use planning 18 techniques adopted by the local government pursuant to this 19 section. 20 c. Transferable rural land use credits assigned to a 21 parcel of land within a rural land stewardship area shall 22 cease to exist if the parcel of land is removed from the rural 23 land stewardship area by plan amendment. 24 d. Neither the creation of the rural land stewardship 25 area by plan amendment nor the assignment of transferable 26 rural land use credits by the local government shall operate 27 to displace the underlying density of land uses assigned to a 28 parcel of land within the rural land stewardship area; 29 however, if transferable rural land use credits are 30 transferred from a parcel for use within a designated 31 receiving area, the underlying density assigned to the parcel 8 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 of land shall cease to exist. 2 e. The underlying density on each parcel of land 3 located within a rural land stewardship area shall not be 4 increased or decreased by the local government, except as a 5 result of the conveyance or use of transferable rural land use 6 credits, as long as the parcel remains within the rural land 7 stewardship area. 8 f. Transferable rural land use credits shall cease to 9 exist on a parcel of land where the underlying density 10 assigned to the parcel of land is utilized. 11 g. An increase in the density of use on a parcel of 12 land located within a designated receiving area may occur only 13 through the assignment or use of transferable rural land use 14 credits and shall not require a plan amendment. 15 h. A change in the density of land use on parcels 16 located within receiving areas shall be specified in a 17 development order which reflects the total number of 18 transferable rural land use credits assigned to the parcel of 19 land and the infrastructure and support services necessary to 20 provide for a functional mix of land uses corresponding to the 21 plan of development. 22 i. Land within a rural land stewardship area may be 23 removed from the rural land stewardship area through a plan 24 amendment. 25 j. Transferable rural land use credits may be assigned 26 at different ratios of credits per acre according to the 27 natural resource or other beneficial use characteristics of 28 the land and according to the land use remaining following the 29 transfer of credits, with the highest number of credits per 30 acre assigned to the most environmentally valuable land or, in 31 locations where the retention of open space and agricultural 9 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 land is a priority, to such lands. 2 k. The use or conveyance of transferable rural land 3 use credits must be recorded in the public records of the 4 county in which the property is located as a covenant or 5 restrictive easement running with the land in favor of the 6 county and either the Department of Environmental Protection, 7 Department of Agriculture and Consumer Services, a water 8 management district, or a recognized statewide land trust. 9 7. Owners of land within rural land stewardship areas 10 should be provided incentives to enter into rural land 11 stewardship agreements, pursuant to existing law and rules 12 adopted thereto, with state agencies, water management 13 districts, and local governments to achieve mutually agreed 14 upon conservation objectives. Such incentives may include, but 15 not be limited to, the following: 16 a. Opportunity to accumulate transferable mitigation 17 credits. 18 b. Extended permit agreements. 19 c. Opportunities for recreational leases and 20 ecotourism. 21 d. Payment for specified land management services on 22 publicly owned land, or property under covenant or restricted 23 easement in favor of a public entity. 24 e. Option agreements for sale to public entities or 25 private land conservation entities, in either fee or easement, 26 upon achievement of conservation objectives. 27 8. The department shall report to the Legislature on 28 an annual basis on the results of implementation of rural land 29 stewardship areas authorized by the department, including 30 successes and failures in achieving the intent of the 31 Legislature as expressed in this paragraph. 10 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 Section 3. Paragraph (a) of subsection (12) of section 2 163.3180, Florida Statutes, is amended to read: 3 163.3180 Concurrency.-- 4 (12) When authorized by a local comprehensive plan, a 5 multiuse development of regional impact may satisfy the 6 transportation concurrency requirements of the local 7 comprehensive plan, the local government's concurrency 8 management system, and s. 380.06 by payment of a 9 proportionate-share contribution for local and regionally 10 significant traffic impacts, if: 11 (a) The development of regional impact meets or 12 exceeds the guidelines and standards of s. 380.0651(3)(h)(i) 13 and rule 28-24.032(2), Florida Administrative Code, and 14 includes a residential component that contains at least 100 15 residential dwelling units or 15 percent of the applicable 16 residential guideline and standard, whichever is greater; 17 18 The proportionate-share contribution may be applied to any 19 transportation facility to satisfy the provisions of this 20 subsection and the local comprehensive plan, but, for the 21 purposes of this subsection, the amount of the 22 proportionate-share contribution shall be calculated based 23 upon the cumulative number of trips from the proposed 24 development expected to reach roadways during the peak hour 25 from the complete buildout of a stage or phase being approved, 26 divided by the change in the peak hour maximum service volume 27 of roadways resulting from construction of an improvement 28 necessary to maintain the adopted level of service, multiplied 29 by the construction cost, at the time of developer payment, of 30 the improvement necessary to maintain the adopted level of 31 service. For purposes of this subsection, "construction cost" 11 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 includes all associated costs of the improvement. 2 Section 4. Subsection (3) of section 197.303, Florida 3 Statutes, is amended to read: 4 197.303 Ad valorem tax deferral for recreational and 5 commercial working waterfront properties.-- 6 (3) The ordinance shall designate the percentage or 7 amount of the deferral and the type and location of working 8 waterfront property, including the type of public lodging 9 establishments, for which deferrals may be granted, which may 10 include any property meeting the provisions of s. 342.07(2), 11 which property may be further required to be located within a 12 particular geographic area or areas of the county or 13 municipality. 14 Section 5. Section 336.68, Florida Statutes, is 15 created to read: 16 336.68 Special road and bridge district boundaries; 17 property owner rights and options.-- 18 (1) The owner of real property located within both the 19 boundaries of a community development district created under 20 chapter 190 and within the boundaries of a special road and 21 bridge district created by the alternative method of 22 establishing special road and bridge districts previously 23 authorized under ss. 336.61-336.67 shall have the option to 24 select the community development district to be the provider 25 of the road and drainage improvements to the property of the 26 owner. Having made the selection, the property owner shall 27 further have the right to withdraw the property from the 28 boundaries of the special road and bridge district under the 29 procedures set forth in this section. 30 (2) To be eligible for withdrawal, the subject 31 property shall not have received improvements or benefits from 12 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 the special road and bridge district; there shall be no 2 outstanding bonded indebtedness of the special road and bridge 3 district for which the property is subject to ad valorem tax 4 levies; and the withdrawal of the property shall not create an 5 enclave bounded on all sides by the other property within the 6 boundaries of the district when the property owner withdraws 7 the property from the boundaries of the district. 8 (3) The election by a property owner to withdraw 9 property from the boundaries of a district as described in 10 this section shall be accomplished by filing a certificate in 11 the official records of the county in which the property is 12 located. The certificate shall identify the name and mailing 13 address of the owner, the legal description of the property, 14 the name of the district from which the property is being 15 withdrawn, and the general location of the property within 16 district. The certificate shall further state that the 17 property has not received benefits from the district from 18 which the property is to be withdrawn; that there is no bonded 19 indebtedness owed by the district; and that the property being 20 withdrawn will not become an enclave within the district 21 boundaries. 22 (4) The property owner shall provide copies of the 23 recorded certificate to the governing body of the district 24 from which the property is being withdrawn within days 10 days 25 after the date that the certificate is recorded. If the 26 district does not record an objection to the withdrawal of the 27 property in the public records within 30 days after the 28 recording of the certificate identifying the criteria in this 29 section that has not been met, the withdrawal shall be final 30 and the property shall be permanently withdrawn from the 31 boundaries of the district. 13 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 Section 6. Section 342.07, Florida Statutes, is 2 amended to read: 3 342.07 Recreational and commercial working 4 waterfronts; legislative findings; definitions.-- 5 (1) The Legislature recognizes that there is an 6 important state interest in facilitating boating and other 7 recreational access to the state's navigable waters. This 8 access is vital to tourists and recreational users and the 9 marine industry in the state, to maintaining or enhancing the 10 $57 billion economic impact of tourism and the $14 billion 11 economic impact of boating in the state annually, and to 12 ensuring continued access to all residents and visitors to the 13 navigable waters of the state. The Legislature recognizes that 14 there is an important state interest in maintaining viable 15 water-dependent support facilities, such as public lodging 16 establishments and boat hauling and repairing and commercial 17 fishing facilities, and in maintaining the availability of 18 public access to the navigable waters of the state. The 19 Legislature further recognizes that the waterways of the state 20 are important for engaging in commerce and the transportation 21 of goods and people upon such waterways and that such commerce 22 and transportation is not feasible unless there is access to 23 and from the navigable waters of the state through 24 recreational and commercial working waterfronts. 25 (2) As used in this section, the term "recreational 26 and commercial working waterfront" means a parcel or parcels 27 of real property that provide access for water-dependent 28 commercial activities, including hotels and motels as defined 29 in s. 509.242(1), or provide access for the public to the 30 navigable waters of the state. Recreational and commercial 31 working waterfronts require direct access to or a location on, 14 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 over, or adjacent to a navigable body of water. The term 2 includes water-dependent facilities that are open to the 3 public and offer public access by vessels to the waters of the 4 state or that are support facilities for recreational, 5 commercial, research, or governmental vessels. These 6 facilities include public lodging establishments, docks, 7 wharfs, lifts, wet and dry marinas, boat ramps, boat hauling 8 and repair facilities, commercial fishing facilities, boat 9 construction facilities, and other support structures over the 10 water. As used in this section, the term "vessel" has the same 11 meaning as in s. 327.02(37). Seaports are excluded from the 12 definition. 13 Section 7. Section 373.4132, Florida Statutes, is 14 created to read: 15 373.4132 Dry storage facility permitting.--The 16 governing board or the department shall require a permit under 17 this part, including s. 373.4145, for the construction, 18 alteration, operation, maintenance, abandonment, or removal of 19 a dry storage facility for 10 or more vessels that is 20 functionally associated with a boat launching area. As part of 21 an applicant's demonstration that such a facility will not be 22 harmful to the water resources and will not be inconsistent 23 with the overall objectives of the district, the governing 24 board or department shall require the applicant to provide 25 reasonable assurance that the secondary impacts from the 26 facility will not cause adverse impacts to the functions of 27 wetlands and surface waters, including violations of state 28 water quality standards applicable to waters as defined in s. 29 403.031(13), and will meet the public interest test of s. 30 373.414(1)(a), including the potential adverse impacts to 31 manatees. Nothing in this section shall affect the authority 15 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 of the governing board or the department to regulate such 2 secondary impacts under this part for other regulated 3 activities. 4 Section 8. Paragraph (d) of subsection (2), paragraphs 5 (a) and (i) of subsection (4), and subsections (15), (19), 6 (24), and (26) of section 380.06, Florida Statutes, are 7 amended, and subsection (28) is added to that section, to 8 read: 9 380.06 Developments of regional impact.-- 10 (2) STATEWIDE GUIDELINES AND STANDARDS.-- 11 (d) The guidelines and standards shall be applied as 12 follows: 13 1. Fixed thresholds.-- 14 a. A development that is below 100 percent of all 15 numerical thresholds in the guidelines and standards shall not 16 be required to undergo development-of-regional-impact review. 17 b. A development that is at or above 120 percent of 18 any numerical threshold shall be required to undergo 19 development-of-regional-impact review. 20 c. Projects certified under s. 403.973 which create at 21 least 100 jobs and meet the criteria of the Office of Tourism, 22 Trade, and Economic Development as to their impact on an 23 area's economy, employment, and prevailing wage and skill 24 levels that are at or below 100 percent of the numerical 25 thresholds for industrial plants, industrial parks, 26 distribution, warehousing or wholesaling facilities, office 27 development or multiuse projects other than residential, as 28 described in s. 380.0651(3)(c), (d), and (h)(i), are not 29 required to undergo development-of-regional-impact review. 30 2. Rebuttable presumption.--It shall be presumed that 31 a development that is at 100 percent or between 100 and 120 16 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 percent of a numerical threshold shall be required to undergo 2 development-of-regional-impact review. 3 (4) BINDING LETTER.-- 4 (a) If any developer is in doubt whether his or her 5 proposed development must undergo 6 development-of-regional-impact review under the guidelines and 7 standards, whether his or her rights have vested pursuant to 8 subsection (20), or whether a proposed substantial change to a 9 development of regional impact concerning which rights had 10 previously vested pursuant to subsection (20) would divest 11 such rights, the developer may request a determination from 12 the state land planning agency. The developer or the 13 appropriate local government having jurisdiction may request 14 that the state land planning agency determine whether the 15 amount of development that remains to be built in an approved 16 development of regional impact meets the criteria of 17 subparagraph (15)(g)3. 18 (i) In response to an inquiry from a developer or the 19 appropriate local government having jurisdiction, the state 20 land planning agency may issue an informal determination in 21 the form of a clearance letter as to whether a development is 22 required to undergo development-of-regional-impact review or 23 whether the amount of development that remains to be built in 24 an approved development of regional impact meets the criteria 25 of subparagraph (15)(g)3. A clearance letter may be based 26 solely on the information provided by the developer, and the 27 state land planning agency is not required to conduct an 28 investigation of that information. If any material information 29 provided by the developer is incomplete or inaccurate, the 30 clearance letter is not binding upon the state land planning 31 agency. A clearance letter does not constitute final agency 17 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 action. 2 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.-- 3 (a) The appropriate local government shall render a 4 decision on the application within 30 days after the hearing 5 unless an extension is requested by the developer. 6 (b) When possible, local governments shall issue 7 development orders concurrently with any other local permits 8 or development approvals that may be applicable to the 9 proposed development. 10 (c) The development order shall include findings of 11 fact and conclusions of law consistent with subsections (13) 12 and (14). The development order: 13 1. Shall specify the monitoring procedures and the 14 local official responsible for assuring compliance by the 15 developer with the development order. 16 2. Shall establish compliance dates for the 17 development order, including a deadline for commencing 18 physical development and for compliance with conditions of 19 approval or phasing requirements, and shall include a buildout 20 termination date that reasonably reflects the time anticipated 21 required to complete the development. 22 3. Shall establish a date until which the local 23 government agrees that the approved development of regional 24 impact shall not be subject to downzoning, unit density 25 reduction, or intensity reduction, unless the local government 26 can demonstrate that substantial changes in the conditions 27 underlying the approval of the development order have occurred 28 or the development order was based on substantially inaccurate 29 information provided by the developer or that the change is 30 clearly established by local government to be essential to the 31 public health, safety, or welfare. The date established 18 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 pursuant to this subparagraph shall be no sooner than the 2 buildout date of the project. 3 4. Shall specify the requirements for the biennial 4 report designated under subsection (18), including the date of 5 submission, parties to whom the report is submitted, and 6 contents of the report, based upon the rules adopted by the 7 state land planning agency. Such rules shall specify the scope 8 of any additional local requirements that may be necessary for 9 the report. 10 5. May specify the types of changes to the development 11 which shall require submission for a substantial deviation 12 determination or a notice of proposed change under subsection 13 (19). 14 6. Shall include a legal description of the property. 15 (d) Conditions of a development order that require a 16 developer to contribute land for a public facility or 17 construct, expand, or pay for land acquisition or construction 18 or expansion of a public facility, or portion thereof, shall 19 meet the following criteria: 20 1. The need to construct new facilities or add to the 21 present system of public facilities must be reasonably 22 attributable to the proposed development. 23 2. Any contribution of funds, land, or public 24 facilities required from the developer shall be comparable to 25 the amount of funds, land, or public facilities that the state 26 or the local government would reasonably expect to expend or 27 provide, based on projected costs of comparable projects, to 28 mitigate the impacts reasonably attributable to the proposed 29 development. 30 3. Any funds or lands contributed must be expressly 31 designated and used to mitigate impacts reasonably 19 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 attributable to the proposed development. 2 4. Construction or expansion of a public facility by a 3 nongovernmental developer as a condition of a development 4 order to mitigate the impacts reasonably attributable to the 5 proposed development is not subject to competitive bidding or 6 competitive negotiation for selection of a contractor or 7 design professional for any part of the construction or design 8 unless required by the local government that issues the 9 development order. 10 (e)1. Effective July 1, 1986, A local government shall 11 not include, as a development order condition for a 12 development of regional impact, any requirement that a 13 developer contribute or pay for land acquisition or 14 construction or expansion of public facilities or portions 15 thereof unless the local government has enacted a local 16 ordinance which requires other development not subject to this 17 section to contribute its proportionate share of the funds, 18 land, or public facilities necessary to accommodate any 19 impacts having a rational nexus to the proposed development, 20 and the need to construct new facilities or add to the present 21 system of public facilities must be reasonably attributable to 22 the proposed development. 23 2. A local government shall not approve a development 24 of regional impact that does not make adequate provision for 25 the public facilities needed to accommodate the impacts of the 26 proposed development unless the local government includes in 27 the development order a commitment by the local government to 28 provide these facilities consistently with the development 29 schedule approved in the development order; however, a local 30 government's failure to meet the requirements of subparagraph 31 1. and this subparagraph shall not preclude the issuance of a 20 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 development order where adequate provision is made by the 2 developer for the public facilities needed to accommodate the 3 impacts of the proposed development. Any funds or lands 4 contributed by a developer must be expressly designated and 5 used to accommodate impacts reasonably attributable to the 6 proposed development. 7 3. The Department of Community Affairs and other state 8 and regional agencies involved in the administration and 9 implementation of this act shall cooperate and work with units 10 of local government in preparing and adopting local impact fee 11 and other contribution ordinances. 12 (f) Notice of the adoption of a development order or 13 the subsequent amendments to an adopted development order 14 shall be recorded by the developer, in accordance with s. 15 28.222, with the clerk of the circuit court for each county in 16 which the development is located. The notice shall include a 17 legal description of the property covered by the order and 18 shall state which unit of local government adopted the 19 development order, the date of adoption, the date of adoption 20 of any amendments to the development order, the location where 21 the adopted order with any amendments may be examined, and 22 that the development order constitutes a land development 23 regulation applicable to the property. The recording of this 24 notice shall not constitute a lien, cloud, or encumbrance on 25 real property, or actual or constructive notice of any such 26 lien, cloud, or encumbrance. This paragraph applies only to 27 developments initially approved under this section after July 28 1, 1980. 29 (g) A local government shall not issue permits for 30 development subsequent to the buildout termination date or 31 expiration date contained in the development order unless: 21 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 1. The proposed development has been evaluated 2 cumulatively with existing development under the substantial 3 deviation provisions of subsection (19) subsequent to the 4 termination or expiration date; 5 2. The proposed development is consistent with an 6 abandonment of development order that has been issued in 7 accordance with the provisions of subsection (26); or 8 3. The development of regional impact is essentially 9 built out, in that all the mitigation requirements in the 10 development order have been satisfied, all developers are in 11 compliance with all applicable terms and conditions of the 12 development order except the buildout date, and the amount of 13 proposed development that remains to be built is less than 20 14 percent of any applicable development-of-regional-impact 15 threshold; or 16 4.3. The project has been determined to be an 17 essentially built-out development of regional impact through 18 an agreement executed by the developer, the state land 19 planning agency, and the local government, in accordance with 20 s. 380.032, which will establish the terms and conditions 21 under which the development may be continued. If the project 22 is determined to be essentially built out built-out, 23 development may proceed pursuant to the s. 380.032 agreement 24 after the termination or expiration date contained in the 25 development order without further 26 development-of-regional-impact review subject to the local 27 government comprehensive plan and land development regulations 28 or subject to a modified development-of-regional-impact 29 analysis. As used in this paragraph, an "essentially 30 built-out" development of regional impact means: 31 a. The developers are development is in compliance 22 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 with all applicable terms and conditions of the development 2 order except the buildout built-out date; and 3 b.(I) The amount of development that remains to be 4 built is less than the substantial deviation threshold 5 specified in paragraph (19)(b) for each individual land use 6 category, or, for a multiuse development, the sum total of all 7 unbuilt land uses as a percentage of the applicable 8 substantial deviation threshold is equal to or less than 100 9 percent; or 10 (II) The state land planning agency and the local 11 government have agreed in writing that the amount of 12 development to be built does not create the likelihood of any 13 additional regional impact not previously reviewed. 14 15 The single-family residential portions of a development may be 16 considered "essentially built out" if all of the workforce 17 housing obligations and all of the infrastructure and 18 horizontal development have been completed, at least 50 19 percent of the dwelling units have been completed, and more 20 than 80 percent of the lots have been conveyed to third-party 21 individual lot owners or to individual builders who own no 22 more than 40 lots at the time of the determination. The mobile 23 home park portions of a development may be considered 24 "essentially built out" if all the infrastructure and 25 horizontal development has been completed, and at least 50 26 percent of the lots are leased to individual mobile home 27 owners. 28 (h) If the property is annexed by another local 29 jurisdiction, the annexing jurisdiction shall adopt a new 30 development order that incorporates all previous rights and 31 obligations specified in the prior development order. 23 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 (19) SUBSTANTIAL DEVIATIONS.-- 2 (a) Any proposed change to a previously approved 3 development which creates a reasonable likelihood of 4 additional regional impact, or any type of regional impact 5 created by the change not previously reviewed by the regional 6 planning agency, shall constitute a substantial deviation and 7 shall cause the proposed change development to be subject to 8 further development-of-regional-impact review. There are a 9 variety of reasons why a developer may wish to propose changes 10 to an approved development of regional impact, including 11 changed market conditions. The procedures set forth in this 12 subsection are for that purpose. 13 (b) Any proposed change to a previously approved 14 development of regional impact or development order condition 15 which, either individually or cumulatively with other changes, 16 exceeds any of the following criteria shall constitute a 17 substantial deviation and shall cause the development to be 18 subject to further development-of-regional-impact review 19 without the necessity for a finding of same by the local 20 government: 21 1. An increase in the number of parking spaces at an 22 attraction or recreational facility by 10 5 percent or 330 300 23 spaces, whichever is greater, or an increase in the number of 24 spectators that may be accommodated at such a facility by 10 5 25 percent or 1,100 1,000 spectators, whichever is greater. 26 2. A new runway, a new terminal facility, a 25-percent 27 lengthening of an existing runway, or a 25-percent increase in 28 the number of gates of an existing terminal, but only if the 29 increase adds at least three additional gates. 30 3. An increase in the number of hospital beds by 5 31 percent or 60 beds, whichever is greater. 24 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 3.4. An increase in industrial development area by 10 2 5 percent or 35 32 acres, whichever is greater. 3 4.5. An increase in the average annual acreage mined 4 by 10 5 percent or 11 10 acres, whichever is greater, or an 5 increase in the average daily water consumption by a mining 6 operation by 10 5 percent or 330,000 300,000 gallons, 7 whichever is greater. A net An increase in the size of the 8 mine by 10 5 percent or 825 750 acres, whichever is less. For 9 purposes of calculating any net increases in size, only 10 additions and deletions of lands that have not been mined 11 shall be considered. An increase in the size of a heavy 12 mineral mine as defined in s. 378.403(7) will only constitute 13 a substantial deviation if the average annual acreage mined is 14 more than 550 500 acres and consumes more than 3.3 3 million 15 gallons of water per day. 16 5.6. An increase in land area for office development 17 by 10 5 percent or an increase of gross floor area of office 18 development by 10 5 percent or 66,000 60,000 gross square 19 feet, whichever is greater. 20 7. An increase in the storage capacity for chemical or 21 petroleum storage facilities by 5 percent, 20,000 barrels, or 22 7 million pounds, whichever is greater. 23 8. An increase of development at a waterport of wet 24 storage for 20 watercraft, dry storage for 30 watercraft, or 25 wet/dry storage for 60 watercraft in an area identified in the 26 state marina siting plan as an appropriate site for additional 27 waterport development or a 5-percent increase in watercraft 28 storage capacity, whichever is greater. 29 6.9. An increase in the number of dwelling units by 10 30 5 percent or 55 50 dwelling units, whichever is greater. 31 7. An increase in the number of dwelling units by 50 25 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 percent or 200 units, whichever is greater, provided that 15 2 percent of the proposed additional dwelling units are 3 dedicated to affordable workforce housing, subject to a 4 recorded land use restriction that shall be for a period of 5 not less than 20 years and that includes resale provisions to 6 ensure long-term affordability for income-eligible homeowners 7 and renters and provisions for the workforce housing to be 8 commenced prior to the completion of 50 percent of the market 9 rate dwelling. For purposes of this subparagraph, the term 10 "affordable workforce housing" means housing that is 11 affordable to a person who earns less than 120 percent of the 12 area median income, or less than 140 percent of the area 13 median income if located in a county in which the median 14 purchase price for a single-family existing home exceeds the 15 statewide median purchase price of a single-family existing 16 home. For purposes of this subparagraph, the term "statewide 17 median purchase price of a single-family existing home" means 18 the statewide purchase price as determined in the Florida 19 Sales Report, Single-Family Existing Homes, released each 20 January by the Florida Association of Realtors and the 21 University of Florida Real Estate Research Center. 22 8.10. An increase in commercial development by 55,000 23 50,000 square feet of gross floor area or of parking spaces 24 provided for customers for 330 300 cars or a 10-percent 25 5-percent increase of either of these, whichever is greater. 26 9.11. An increase in hotel or motel rooms facility 27 units by 10 5 percent or 83 rooms 75 units, whichever is 28 greater. 29 10.12. An increase in a recreational vehicle park area 30 by 10 5 percent or 110 100 vehicle spaces, whichever is less. 31 11.13. A decrease in the area set aside for open space 26 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 of 5 percent or 20 acres, whichever is less. 2 12.14. A proposed increase to an approved multiuse 3 development of regional impact where the sum of the increases 4 of each land use as a percentage of the applicable substantial 5 deviation criteria is equal to or exceeds 110 100 percent. The 6 percentage of any decrease in the amount of open space shall 7 be treated as an increase for purposes of determining when 110 8 100 percent has been reached or exceeded. 9 13.15. A 15-percent increase in the number of external 10 vehicle trips generated by the development above that which 11 was projected during the original 12 development-of-regional-impact review. 13 14.16. Any change which would result in development of 14 any area which was specifically set aside in the application 15 for development approval or in the development order for 16 preservation or special protection of endangered or threatened 17 plants or animals designated as endangered, threatened, or 18 species of special concern and their habitat, any species 19 protected by 16 U.S.C. s. 668a-668d, primary dunes, or 20 archaeological and historical sites designated as significant 21 by the Division of Historical Resources of the Department of 22 State. The further refinement of the boundaries and 23 configuration of such areas by survey shall be considered 24 under sub-subparagraph (e)2.j. (e)5.b. 25 26 The substantial deviation numerical standards in subparagraphs 27 3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding 28 residential uses, and in subparagraph 13. 15., are increased 29 by 100 percent for a project certified under s. 403.973 which 30 creates jobs and meets criteria established by the Office of 31 Tourism, Trade, and Economic Development as to its impact on 27 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 an area's economy, employment, and prevailing wage and skill 2 levels. The substantial deviation numerical standards in 3 subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. 4., 6., 9., 4 10., 11., and 14. are increased by 50 percent for a project 5 located wholly within an urban infill and redevelopment area 6 designated on the applicable adopted local comprehensive plan 7 future land use map and not located within the coastal high 8 hazard area. 9 (c) An extension of the date of buildout of a 10 development, or any phase thereof, by more than 7 or more 11 years shall be presumed to create a substantial deviation 12 subject to further development-of-regional-impact review. An 13 extension of the date of buildout, or any phase thereof, of 14 more than 5 years or more but not more less than 7 years shall 15 be presumed not to create a substantial deviation. The 16 extension of the date of buildout of an areawide development 17 of regional impact by more than 5 years but less than 10 years 18 is presumed not to create a substantial deviation. These 19 presumptions may be rebutted by clear and convincing evidence 20 at the public hearing held by the local government. An 21 extension of 5 years or less than 5 years is not a substantial 22 deviation. For the purpose of calculating when a buildout or, 23 phase, or termination date has been exceeded, the time shall 24 be tolled during the pendency of administrative or judicial 25 proceedings relating to development permits. Any extension of 26 the buildout date of a project or a phase thereof shall 27 automatically extend the commencement date of the project, the 28 termination date of the development order, the expiration date 29 of the development of regional impact, and the phases thereof, 30 if applicable, by a like period of time. 31 (d) A change in the plan of development of an approved 28 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 development of regional impact resulting from requirements 2 imposed by the Department of Environmental Protection or any 3 water management district created by s. 373.069 or any of 4 their successor agencies or by any appropriate federal 5 regulatory agency shall be submitted to the local government 6 pursuant to this subsection. The change shall be presumed not 7 to create a substantial deviation subject to further 8 development-of-regional-impact review. The presumption may be 9 rebutted by clear and convincing evidence at the public 10 hearing held by the local government. 11 (e)1. Except for a development order rendered pursuant 12 to subsection (22) or subsection (25), a proposed change to a 13 development order that individually or cumulatively with any 14 previous change is less than any numerical criterion contained 15 in subparagraphs (b)1.-13. (b)1.-15. and does not exceed any 16 other criterion, or that involves an extension of the buildout 17 date of a development, or any phase thereof, of less than 5 18 years is not subject to the public hearing requirements of 19 subparagraph (f)3., and is not subject to a determination 20 pursuant to subparagraph (f)5. Notice of the proposed change 21 shall be made to the regional planning council and the state 22 land planning agency. Such notice shall include a description 23 of previous individual changes made to the development, 24 including changes previously approved by the local government, 25 and shall include appropriate amendments to the development 26 order. 27 2. The following changes, individually or cumulatively 28 with any previous changes, are not substantial deviations: 29 a. Changes in the name of the project, developer, 30 owner, or monitoring official. 31 b. Changes to a setback that do not affect noise 29 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 buffers, environmental protection or mitigation areas, or 2 archaeological or historical resources. 3 c. Changes to minimum lot sizes. 4 d. Changes in the configuration of internal roads that 5 do not affect external access points. 6 e. Changes to the building design or orientation that 7 stay approximately within the approved area designated for 8 such building and parking lot, and which do not affect 9 historical buildings designated as significant by the Division 10 of Historical Resources of the Department of State. 11 f. Changes to increase the acreage in the development, 12 provided that no development is proposed on the acreage to be 13 added. 14 g. Changes to eliminate an approved land use, provided 15 that there are no additional regional impacts. 16 h. Changes required to conform to permits approved by 17 any federal, state, or regional permitting agency, provided 18 that these changes do not create additional regional impacts. 19 i. Any renovation or redevelopment of development 20 within a previously approved development of regional impact 21 which does not change land use or increase density or 22 intensity of use. 23 j. Changes that modify boundaries and configuration of 24 areas described in subparagraph (b)14. due to science-based 25 refinement of such areas by survey, by habitat evaluation, by 26 other recognized assessment methodology, or by an 27 environmental assessment. In order for changes to qualify 28 under this sub-subparagraph, the survey, habitat evaluation, 29 or assessment must occur prior to the time a conservation 30 easement protecting such lands is recorded and must not result 31 in any net decrease in the total acreage of the lands 30 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 specifically set aside for permanent preservation in the final 2 development order. 3 k.j. Any other change which the state land planning 4 agency, in consultation with the regional planning council, 5 agrees in writing is similar in nature, impact, or character 6 to the changes enumerated in sub-subparagraphs a.-j. a.-i. and 7 which does not create the likelihood of any additional 8 regional impact. 9 10 This subsection does not require the filing of a notice of 11 proposed change but shall require an application to the local 12 government to amend the development order in accordance with 13 the local government's procedures for amendment of a 14 development order. In accordance with the local government's 15 procedures, including requirements for notice to the applicant 16 and the public, the local government shall either deny the 17 application for amendment or adopt an amendment to the 18 development order which approves the application with or 19 without conditions. Following adoption, the local government 20 shall render to the state land planning agency the amendment 21 to the development order. The state land planning agency may 22 appeal, pursuant to s. 380.07(3), the amendment to the 23 development order if the amendment involves sub-subparagraph 24 g., sub-subparagraph h., sub-subparagraph j., or 25 sub-subparagraph k. and it believes the change creates a 26 reasonable likelihood of new or additional regional impacts a 27 development order amendment for any change listed in 28 sub-subparagraphs a.-j. unless such issue is addressed either 29 in the existing development order or in the application for 30 development approval, but, in the case of the application, 31 only if, and in the manner in which, the application is 31 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 incorporated in the development order. 2 3. Except for the change authorized by 3 sub-subparagraph 2.f., any addition of land not previously 4 reviewed or any change not specified in paragraph (b) or 5 paragraph (c) shall be presumed to create a substantial 6 deviation. This presumption may be rebutted by clear and 7 convincing evidence. 8 4. Any submittal of a proposed change to a previously 9 approved development shall include a description of individual 10 changes previously made to the development, including changes 11 previously approved by the local government. The local 12 government shall consider the previous and current proposed 13 changes in deciding whether such changes cumulatively 14 constitute a substantial deviation requiring further 15 development-of-regional-impact review. 16 5. The following changes to an approved development of 17 regional impact shall be presumed to create a substantial 18 deviation. Such presumption may be rebutted by clear and 19 convincing evidence. 20 a. A change proposed for 15 percent or more of the 21 acreage to a land use not previously approved in the 22 development order. Changes of less than 15 percent shall be 23 presumed not to create a substantial deviation. 24 b. Except for the types of uses listed in subparagraph 25 (b)16., any change which would result in the development of 26 any area which was specifically set aside in the application 27 for development approval or in the development order for 28 preservation, buffers, or special protection, including 29 habitat for plant and animal species, archaeological and 30 historical sites, dunes, and other special areas. 31 b.c. Notwithstanding any provision of paragraph (b) to 32 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 the contrary, a proposed change consisting of simultaneous 2 increases and decreases of at least two of the uses within an 3 authorized multiuse development of regional impact which was 4 originally approved with three or more uses specified in s. 5 380.0651(3)(c), (d), (e)(f), and (f)(g) and residential use. 6 (f)1. The state land planning agency shall establish 7 by rule standard forms for submittal of proposed changes to a 8 previously approved development of regional impact which may 9 require further development-of-regional-impact review. At a 10 minimum, the standard form shall require the developer to 11 provide the precise language that the developer proposes to 12 delete or add as an amendment to the development order. 13 2. The developer shall submit, simultaneously, to the 14 local government, the regional planning agency, and the state 15 land planning agency the request for approval of a proposed 16 change. 17 3. No sooner than 30 days but no later than 45 days 18 after submittal by the developer to the local government, the 19 state land planning agency, and the appropriate regional 20 planning agency, the local government shall give 15 days' 21 notice and schedule a public hearing to consider the change 22 that the developer asserts does not create a substantial 23 deviation. This public hearing shall be held within 60 90 days 24 after submittal of the proposed changes, unless that time is 25 extended by the developer. 26 4. The appropriate regional planning agency or the 27 state land planning agency shall review the proposed change 28 and, no later than 45 days after submittal by the developer of 29 the proposed change, unless that time is extended by the 30 developer, and prior to the public hearing at which the 31 proposed change is to be considered, shall advise the local 33 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 government in writing whether it objects to the proposed 2 change, shall specify the reasons for its objection, if any, 3 and shall provide a copy to the developer. 4 5. At the public hearing, the local government shall 5 determine whether the proposed change requires further 6 development-of-regional-impact review. The provisions of 7 paragraphs (a) and (e), the thresholds set forth in paragraph 8 (b), and the presumptions set forth in paragraphs (c) and (d) 9 and subparagraph (e)3. shall be applicable in determining 10 whether further development-of-regional-impact review is 11 required. 12 6. If the local government determines that the 13 proposed change does not require further 14 development-of-regional-impact review and is otherwise 15 approved, or if the proposed change is not subject to a 16 hearing and determination pursuant to subparagraphs 3. and 5. 17 and is otherwise approved, the local government shall issue an 18 amendment to the development order incorporating the approved 19 change and conditions of approval relating to the change. The 20 requirement that a change be otherwise approved shall not be 21 construed to require additional local review or approval if 22 the change is allowed by applicable local ordinances without 23 further local review or approval. The decision of the local 24 government to approve, with or without conditions, or to deny 25 the proposed change that the developer asserts does not 26 require further review shall be subject to the appeal 27 provisions of s. 380.07. However, the state land planning 28 agency may not appeal the local government decision if it did 29 not comply with subparagraph 4. The state land planning agency 30 may not appeal a change to a development order made pursuant 31 to subparagraph (e)1. or subparagraph (e)2. for developments 34 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 of regional impact approved after January 1, 1980, unless the 2 change would result in a significant impact to a regionally 3 significant archaeological, historical, or natural resource 4 not previously identified in the original 5 development-of-regional-impact review. 6 (g) If a proposed change requires further 7 development-of-regional-impact review pursuant to this 8 section, the review shall be conducted subject to the 9 following additional conditions: 10 1. The development-of-regional-impact review conducted 11 by the appropriate regional planning agency shall address only 12 those issues raised by the proposed change except as provided 13 in subparagraph 2. 14 2. The regional planning agency shall consider, and 15 the local government shall determine whether to approve, 16 approve with conditions, or deny the proposed change as it 17 relates to the entire development. If the local government 18 determines that the proposed change, as it relates to the 19 entire development, is unacceptable, the local government 20 shall deny the change. 21 3. If the local government determines that the 22 proposed change, as it relates to the entire development, 23 should be approved, any new conditions in the amendment to the 24 development order issued by the local government shall address 25 only those issues raised by the proposed change and require 26 mitigation only for the individual and cumulative impacts of 27 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 portions of the development which are not directly affected by 35 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 the proposed change. 2 (h) When further development-of-regional-impact review 3 is required because a substantial deviation has been 4 determined or admitted by the developer, the amendment to the 5 development order issued by the local government shall be 6 consistent with the requirements of subsection (15) and shall 7 be subject to the hearing and appeal provisions of s. 380.07. 8 The state land planning agency or the appropriate regional 9 planning agency need not participate at the local hearing in 10 order to appeal a local government development order issued 11 pursuant to this paragraph. 12 (i) An increase in the number of residential dwelling 13 units shall not constitute a substantial deviation and shall 14 not be subject to development-of-regional-impact review for 15 additional impacts provided that all the residential dwelling 16 units are dedicated to affordable workforce housing and the 17 total number of new residential units does not exceed 200 18 percent of the substantial deviation threshold. The affordable 19 workforce housing shall be subject to a recorded land use 20 restriction that shall be for a period of not less than 20 21 years and that includes resale provisions to ensure long-term 22 affordability for income-eligible homeowners and renters. For 23 purposes of this paragraph, the term "affordable workforce 24 housing" means housing that is affordable to a person who 25 earns less than 120 percent of the area median income, or less 26 than 140 percent of the area median income if located in a 27 county in which the median purchase price for a single-family 28 existing home exceeds the statewide median purchase price of a 29 single-family existing home. For purposes of this paragraph, 30 the term "statewide median purchase price of a single-family 31 existing home" means the statewide purchase price as 36 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 determined in the Florida Sales Report, Single-Family Existing 2 Homes, released each January by the Florida Association of 3 Realtors and the University of Florida Real Estate Research 4 Center. 5 (24) STATUTORY EXEMPTIONS.-- 6 (a) Any proposed hospital which has a designed 7 capacity of not more than 100 beds is exempt from the 8 provisions of this section. 9 (b) Any proposed electrical transmission line or 10 electrical power plant is exempt from the provisions of this 11 section, except any steam or solar electrical generating 12 facility of less than 50 megawatts in capacity attached to a 13 development of regional impact. 14 (c) Any proposed addition to an existing sports 15 facility complex is exempt from the provisions of this section 16 if the addition meets the following characteristics: 17 1. It would not operate concurrently with the 18 scheduled hours of operation of the existing facility. 19 2. Its seating capacity would be no more than 75 20 percent of the capacity of the existing facility. 21 3. The sports facility complex property is owned by a 22 public body prior to July 1, 1983. 23 24 This exemption does not apply to any pari-mutuel facility. 25 (d) Any proposed addition or cumulative additions 26 subsequent to July 1, 1988, to an existing sports facility 27 complex owned by a state university is exempt if the increased 28 seating capacity of the complex is no more than 30 percent of 29 the capacity of the existing facility. 30 (e) Any addition of permanent seats or parking spaces 31 for an existing sports facility located on property owned by a 37 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 public body prior to July 1, 1973, is exempt from the 2 provisions of this section if future additions do not expand 3 existing permanent seating or parking capacity more than 15 4 percent annually in excess of the prior year's capacity. 5 (f) Any increase in the seating capacity of an 6 existing sports facility having a permanent seating capacity 7 of at least 50,000 spectators is exempt from the provisions of 8 this section, provided that such an increase does not increase 9 permanent seating capacity by more than 5 percent per year and 10 not to exceed a total of 10 percent in any 5-year period, and 11 provided that the sports facility notifies the appropriate 12 local government within which the facility is located of the 13 increase at least 6 months prior to the initial use of the 14 increased seating, in order to permit the appropriate local 15 government to develop a traffic management plan for the 16 traffic generated by the increase. Any traffic management plan 17 shall be consistent with the local comprehensive plan, the 18 regional policy plan, and the state comprehensive plan. 19 (g) Any expansion in the permanent seating capacity or 20 additional improved parking facilities of an existing sports 21 facility is exempt from the provisions of this section, if the 22 following conditions exist: 23 1.a. The sports facility had a permanent seating 24 capacity on January 1, 1991, of at least 41,000 spectator 25 seats; 26 b. The sum of such expansions in permanent seating 27 capacity does not exceed a total of 10 percent in any 5-year 28 period and does not exceed a cumulative total of 20 percent 29 for any such expansions; or 30 c. The increase in additional improved parking 31 facilities is a one-time addition and does not exceed 3,500 38 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 parking spaces serving the sports facility; and 2 2. The local government having jurisdiction of the 3 sports facility includes in the development order or 4 development permit approving such expansion under this 5 paragraph a finding of fact that the proposed expansion is 6 consistent with the transportation, water, sewer and 7 stormwater drainage provisions of the approved local 8 comprehensive plan and local land development regulations 9 relating to those provisions. 10 11 Any owner or developer who intends to rely on this statutory 12 exemption shall provide to the department a copy of the local 13 government application for a development permit. Within 45 14 days of receipt of the application, the department shall 15 render to the local government an advisory and nonbinding 16 opinion, in writing, stating whether, in the department's 17 opinion, the prescribed conditions exist for an exemption 18 under this paragraph. The local government shall render the 19 development order approving each such expansion to the 20 department. The owner, developer, or department may appeal the 21 local government development order pursuant to s. 380.07, 22 within 45 days after the order is rendered. The scope of 23 review shall be limited to the determination of whether the 24 conditions prescribed in this paragraph exist. If any sports 25 facility expansion undergoes development of regional impact 26 review, all previous expansions which were exempt under this 27 paragraph shall be included in the development of regional 28 impact review. 29 (h) Expansion to port harbors, spoil disposal sites, 30 navigation channels, turning basins, harbor berths, and other 31 related inwater harbor facilities of ports listed in s. 39 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 403.021(9)(b), port transportation facilities and projects 2 listed in s. 311.07(3)(b), and intermodal transportation 3 facilities identified pursuant to s. 311.09(3) are exempt from 4 the provisions of this section when such expansions, projects, 5 or facilities are consistent with comprehensive master plans 6 that are in compliance with the provisions of s. 163.3178. 7 (i) Any proposed facility for the storage of any 8 petroleum product or any expansion of an existing facility is 9 exempt from the provisions of this section, if the facility is 10 consistent with a local comprehensive plan that is in 11 compliance with s. 163.3177 or is consistent with a 12 comprehensive port master plan that is in compliance with s. 13 163.3178. 14 (j) Any renovation or redevelopment within the same 15 land parcel which does not change land use or increase density 16 or intensity of use. 17 (k)1. Waterport and marina development, including dry 18 storage facilities, are exempt from the provisions of this 19 section Any waterport or marina development is exempt from the 20 provisions of this section if the relevant county or 21 municipality has adopted a boating facility siting plan or 22 policy which includes applicable criteria, considering such 23 factors as natural resources, manatee protection needs and 24 recreation and economic demands as generally outlined in the 25 Bureau of Protected Species Management Boat Facility Siting 26 Guide, dated August 2000, into the coastal management or land 27 use element of its comprehensive plan. The adoption of boating 28 facility siting plans or policies into the comprehensive plan 29 is exempt from the provisions of s. 163.3187(1). Any waterport 30 or marina development within the municipalities or counties 31 with boating facility siting plans or policies that meet the 40 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 above criteria, adopted prior to April 1, 2002, are exempt 2 from the provisions of this section, when their boating 3 facility siting plan or policy is adopted as part of the 4 relevant local government's comprehensive plan. 5 2. Within 6 months of the effective date of this law, 6 The Department of Community Affairs, in conjunction with the 7 Department of Environmental Protection and the Florida Fish 8 and Wildlife Conservation Commission, shall provide technical 9 assistance and guidelines, including model plans, policies and 10 criteria to local governments for the development of their 11 siting plans. 12 (l) Any proposed development within an urban service 13 boundary established under s. 163.3177(14) is exempt from the 14 provisions of this section if the local government having 15 jurisdiction over the area where the development is proposed 16 has adopted the urban service boundary, and has entered into a 17 binding agreement with adjacent jurisdictions that would be 18 impacted and with the Department of Transportation regarding 19 the mitigation of impacts on state and regional transportation 20 facilities, and has adopted a proportionate share methodology 21 pursuant to s. 163.3180(16). 22 (m) Any proposed development within a rural land 23 stewardship area created under s. 163.3177(11)(d) is exempt 24 from the provisions of this section if the local government 25 that has adopted the rural land stewardship area has entered 26 into a binding agreement with jurisdictions that would be 27 impacted and the Department of Transportation regarding the 28 mitigation of impacts on state and regional transportation 29 facilities, and has adopted a proportionate share methodology 30 pursuant to s. 163.3180(16). 31 (n) Any proposed development or redevelopment within 41 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 an area designated as an urban infill and redevelopment area 2 under s. 163.2517 is exempt from the provisions of this 3 section if the local government has entered into a binding 4 agreement with jurisdictions that would be impacted and the 5 Department of Transportation regarding the mitigation of 6 impacts on state and regional transportation facilities, and 7 has adopted a proportionate share methodology pursuant to s. 8 163.3180(16). 9 (o) The establishment, relocation, or expansion of any 10 military installation as defined in s. 163.3175, is exempt 11 from this section. 12 (p) Any self-storage warehousing that does not allow 13 retail or other services is exempt from this section. 14 (q) Any proposed nursing home or assisted living 15 facility is exempt from this section. 16 (r) Any development identified in an airport master 17 plan and adopted into the comprehensive plan pursuant to s. 18 163.3177(6)(k) is exempt from this section. 19 (s) Any development identified in a campus master plan 20 and adopted pursuant to s. 1013.30 is exempt from this 21 section. 22 (t) Any development in a specific area plan which is 23 prepared pursuant to s. 163.3245 and adopted into the 24 comprehensive plan is exempt from this section. 25 26 If a use is exempt from review as a development of regional 27 impact under paragraphs (a)-(t) but will be part of a larger 28 project that is subject to review as a development of regional 29 impact, the impact of the exempt use must be included in the 30 review of the larger project. 31 (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.-- 42 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 (a) There is hereby established a process to abandon a 2 development of regional impact and its associated development 3 orders. A development of regional impact and its associated 4 development orders may be proposed to be abandoned by the 5 owner or developer. The local government in which the 6 development of regional impact is located also may propose to 7 abandon the development of regional impact, provided that the 8 local government gives individual written notice to each 9 development-of-regional-impact owner and developer of record, 10 and provided that no such owner or developer objects in 11 writing to the local government prior to or at the public 12 hearing pertaining to abandonment of the development of 13 regional impact. The state land planning agency is authorized 14 to promulgate rules that shall include, but not be limited to, 15 criteria for determining whether to grant, grant with 16 conditions, or deny a proposal to abandon, and provisions to 17 ensure that the developer satisfies all applicable conditions 18 of the development order and adequately mitigates for the 19 impacts of the development. If there is no existing 20 development within the development of regional impact at the 21 time of abandonment and no development within the development 22 of regional impact is proposed by the owner or developer after 23 such abandonment, an abandonment order shall not require the 24 owner or developer to contribute any land, funds, or public 25 facilities as a condition of such abandonment order. The rules 26 shall also provide a procedure for filing notice of the 27 abandonment pursuant to s. 28.222 with the clerk of the 28 circuit court for each county in which the development of 29 regional impact is located. Any decision by a local government 30 concerning the abandonment of a development of regional impact 31 shall be subject to an appeal pursuant to s. 380.07. The 43 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 issues in any such appeal shall be confined to whether the 2 provisions of this subsection or any rules promulgated 3 thereunder have been satisfied. 4 (b) Upon receipt of written confirmation from the 5 state land planning agency that any required mitigation 6 applicable to completed development has occurred, an 7 industrial development of regional impact located within the 8 coastal high-hazard area of a rural county of economic concern 9 which was approved prior to the adoption of the local 10 government's comprehensive plan required under s. 163.3167 and 11 which plan's future land use map and zoning designates the 12 land use for the development of regional impact as commercial 13 may be unilaterally abandoned without the need to proceed 14 through the process described in paragraph (a) if the 15 developer or owner provides a notice of abandonment to the 16 local government and records such notice with the applicable 17 clerk of court. Abandonment shall be deemed to have occurred 18 upon the recording of the notice. All development following 19 abandonment shall be fully consistent with the current 20 comprehensive plan and applicable zoning. 21 (28) PARTIAL STATUTORY EXEMPTIONS.-- 22 (a) If the binding agreement referenced under 23 paragraph (24)(l) for urban service boundaries is not entered 24 into within 12 months after establishment of the urban service 25 boundary, the development-of-regional-impact review for 26 projects within the urban service boundary must address 27 transportation impacts only. 28 (b) If the binding agreement referenced under 29 paragraph (24)(m) for rural land stewardship areas is not 30 entered into within 12 months after the designation of a rural 31 land stewardship area, the development-of-regional-impact 44 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 review for projects within the rural land stewardship area 2 must address transportation impacts only. 3 (c) If the binding agreement referenced under 4 paragraph (24)(n) for designated urban infill and 5 redevelopment areas is not entered into within 12 months after 6 the designation of the area or July 1, 2007, whichever occurs 7 later, the development-of-regional-impact review for projects 8 within the urban infill and redevelopment area must address 9 transportation impacts only. 10 (d) A local government that does not wish to enter 11 into a binding agreement or that is unable to agree on the 12 terms of the agreement referenced under paragraph (24)(l), 13 paragraph (24)(m), or paragraph (24)(n) shall provide written 14 notification to the state land planning agency of the decision 15 to not enter into a binding agreement or the failure to enter 16 into a binding agreement within the 12-month period referenced 17 in paragraphs (a), (b) and (c). Following the notification of 18 the state land planning agency, development-of-regional-impact 19 review for projects within an urban service boundary under 20 paragraph (24)(l), a rural land stewardship area under 21 paragraph (24)(m), or an urban infill and redevelopment area 22 under paragraph (24)(n), must address transportation impacts 23 only. 24 (e) The vesting provision of s. 163.3167(8) relating 25 to an authorized development of regional impact shall not 26 apply to those projects partially exempt from the 27 development-of-regional-impact review process under paragraphs 28 (a)-(d). 29 Section 9. Paragraphs (d) and (e) of subsection (3) of 30 section 380.0651, Florida Statutes, are amended, paragraphs 31 (f) through (i) are redesignated as paragraphs (e) through 45 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 (h), respectively, paragraph (j) is redesignated as paragraph 2 (i) and amended, and a new paragraph (j) is added to that 3 subsection, to read: 4 380.0651 Statewide guidelines and standards.-- 5 (3) The following statewide guidelines and standards 6 shall be applied in the manner described in s. 380.06(2) to 7 determine whether the following developments shall be required 8 to undergo development-of-regional-impact review: 9 (d) Office development.--Any proposed office building 10 or park operated under common ownership, development plan, or 11 management that: 12 1. Encompasses 300,000 or more square feet of gross 13 floor area; or 14 2. Encompasses more than 600,000 square feet of gross 15 floor area in a county with a population greater than 500,000 16 and only in a geographic area specifically designated as 17 highly suitable for increased threshold intensity in the 18 approved local comprehensive plan and in the strategic 19 regional policy plan. 20 (e) Port facilities.--The proposed construction of any 21 waterport or marina is required to undergo 22 development-of-regional-impact review, except one designed 23 for: 24 1.a. The wet storage or mooring of fewer than 150 25 watercraft used exclusively for sport, pleasure, or commercial 26 fishing, or 27 b. The dry storage of fewer than 200 watercraft used 28 exclusively for sport, pleasure, or commercial fishing, or 29 c. The wet or dry storage or mooring of fewer than 150 30 watercraft on or adjacent to an inland freshwater lake except 31 Lake Okeechobee or any lake which has been designated an 46 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 Outstanding Florida Water, or 2 d. The wet or dry storage or mooring of fewer than 50 3 watercraft of 40 feet in length or less of any type or 4 purpose. The exceptions to this paragraph's requirements for 5 development-of-regional-impact review shall not apply to any 6 waterport or marina facility located within or which serves 7 physical development located within a coastal barrier resource 8 unit on an unbridged barrier island designated pursuant to 16 9 U.S.C. s. 3501. 10 11 In addition to the foregoing, for projects for which no 12 environmental resource permit or sovereign submerged land 13 lease is required, the Department of Environmental Protection 14 must determine in writing that a proposed marina in excess of 15 10 slips or storage spaces or a combination of the two is 16 located so that it will not adversely impact Outstanding 17 Florida Waters or Class II waters and will not contribute boat 18 traffic in a manner that will have an adverse impact on an 19 area known to be, or likely to be, frequented by manatees. If 20 the Department of Environmental Protection fails to issue its 21 determination within 45 days of receipt of a formal written 22 request, it has waived its authority to make such 23 determination. The Department of Environmental Protection 24 determination shall constitute final agency action pursuant to 25 chapter 120. 26 2. The dry storage of fewer than 300 watercraft used 27 exclusively for sport, pleasure, or commercial fishing at a 28 marina constructed and in operation prior to July 1, 1985. 29 3. Any proposed marina development with both wet and 30 dry mooring or storage used exclusively for sport, pleasure, 31 or commercial fishing, where the sum of percentages of the 47 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 applicable wet and dry mooring or storage thresholds equals 2 100 percent. This threshold is in addition to, and does not 3 preclude, a development from being required to undergo 4 development-of-regional-impact review under sub-subparagraphs 5 1.a. and b. and subparagraph 2. 6 (i)(j) Residential development.--No rule may be 7 adopted concerning residential developments which treats a 8 residential development in one county as being located in a 9 less populated adjacent county unless more than 25 percent of 10 the development is located within 2 or less miles of the less 11 populated adjacent county. The residential thresholds of 12 adjacent counties with less population and a lower threshold 13 shall not be controlling on any development wholly located 14 within areas designated as rural areas of critical economic 15 concern. 16 (j) Workforce housing.--The applicable guidelines for 17 residential development and the residential component for 18 multiuse development shall be increased by 50 percent where 19 the developer demonstrates that at least 15 percent of the 20 total residential dwelling units authorized within the 21 development of regional impact will be dedicated to affordable 22 workforce housing, subject to a recorded land use restriction 23 that shall be for a period of not less than 20 years and that 24 includes resale provisions to ensure long-term affordability 25 for income-eligible homeowners and renters and provisions for 26 the workforce housing to be commenced prior to the completion 27 of 50 percent of the market rate dwelling. For purposes of 28 this paragraph, the term "affordable workforce housing" means 29 housing that is affordable to a person who earns less than 120 30 percent of the area median income, or less than 140 percent of 31 the area median income if located in a county in which the 48 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 median purchase price for a single-family existing home 2 exceeds the statewide median purchase price of a single-family 3 existing home. For the purposes of this paragraph, the term 4 "statewide median purchase price of a single-family existing 5 home" means the statewide purchase price as determined in the 6 Florida Sales Report, Single-Family Existing Homes, released 7 each January by the Florida Association of Realtors and the 8 University of Florida Real Estate Research Center. 9 Section 10. Section 380.07, Florida Statutes, is 10 amended to read: 11 380.07 Florida Land and Water Adjudicatory 12 Commission.-- 13 (1) There is hereby created the Florida Land and Water 14 Adjudicatory Commission, which shall consist of the 15 Administration Commission. The commission may adopt rules 16 necessary to ensure compliance with the area of critical state 17 concern program and the requirements for developments of 18 regional impact as set forth in this chapter. 19 (2) Whenever any local government issues any 20 development order in any area of critical state concern, or in 21 regard to any development of regional impact, copies of such 22 orders as prescribed by rule by the state land planning agency 23 shall be transmitted to the state land planning agency, the 24 regional planning agency, and the owner or developer of the 25 property affected by such order. The state land planning 26 agency shall adopt rules describing development order 27 rendition and effectiveness in designated areas of critical 28 state concern. Within 45 days after the order is rendered, the 29 owner, the developer, or the state land planning agency may 30 appeal the order to the Florida Land and Water Adjudicatory 31 Commission by filing a petition alleging that the development 49 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 order is not consistent with the provisions of this part 2 notice of appeal with the commission. The appropriate regional 3 planning agency by vote at a regularly scheduled meeting may 4 recommend that the state land planning agency undertake an 5 appeal of a development-of-regional-impact development order. 6 Upon the request of an appropriate regional planning council, 7 affected local government, or any citizen, the state land 8 planning agency shall consider whether to appeal the order and 9 shall respond to the request within the 45-day appeal period. 10 Any appeal taken by a regional planning agency between March 11 1, 1993, and the effective date of this section may only be 12 continued if the state land planning agency has also filed an 13 appeal. Any appeal initiated by a regional planning agency on 14 or before March 1, 1993, shall continue until completion of 15 the appeal process and any subsequent appellate review, as if 16 the regional planning agency were authorized to initiate the 17 appeal. 18 (3) Notwithstanding any other provision of law, an 19 appeal of a development order by the state land planning 20 agency under this section may include consistency of the 21 development order with the local comprehensive plan. However, 22 if a development order relating to a development of regional 23 impact has been challenged in a proceeding under s. 163.3215 24 and a party to the proceeding serves notice to the state land 25 planning agency of the pending proceeding under s. 163.3215, 26 the state land planning agency shall: 27 (a) Raise its consistency issues by intervening as a 28 full party in the pending proceeding under s. 163.3215 within 29 30 days after service of the notice; and 30 (b) Dismiss the consistency issues from the 31 development order appeal. 50 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 (4) The appellant shall furnish a copy of the petition 2 to the opposing party, as the case may be, and to the local 3 government that issued the order. The filing of the petition 4 stays the effectiveness of the order until after the 5 completion of the appeal process. 6 (5)(3) The 45-day appeal period for a development of 7 regional impact within the jurisdiction of more than one local 8 government shall not commence until after all the local 9 governments having jurisdiction over the proposed development 10 of regional impact have rendered their development orders. The 11 appellant shall furnish a copy of the notice of appeal to the 12 opposing party, as the case may be, and to the local 13 government which issued the order. The filing of the notice of 14 appeal shall stay the effectiveness of the order until after 15 the completion of the appeal process. 16 (6)(4) Prior to issuing an order, the Florida Land and 17 Water Adjudicatory Commission shall hold a hearing pursuant to 18 the provisions of chapter 120. The commission shall encourage 19 the submission of appeals on the record made below in cases in 20 which the development order was issued after a full and 21 complete hearing before the local government or an agency 22 thereof. 23 (7)(5) The Florida Land and Water Adjudicatory 24 Commission shall issue a decision granting or denying 25 permission to develop pursuant to the standards of this 26 chapter and may attach conditions and restrictions to its 27 decisions. 28 (8)(6) If an appeal is filed with respect to any 29 issues within the scope of a permitting program authorized by 30 chapter 161, chapter 373, or chapter 403 and for which a 31 permit or conceptual review approval has been obtained prior 51 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 to the issuance of a development order, any such issue shall 2 be specifically identified in the notice of appeal which is 3 filed pursuant to this section, together with other issues 4 which constitute grounds for the appeal. The appeal may 5 proceed with respect to issues within the scope of permitting 6 programs for which a permit or conceptual review approval has 7 been obtained prior to the issuance of a development order 8 only after the commission determines by majority vote at a 9 regularly scheduled commission meeting that statewide or 10 regional interests may be adversely affected by the 11 development. In making this determination, there shall be a 12 rebuttable presumption that statewide and regional interests 13 relating to issues within the scope of the permitting programs 14 for which a permit or conceptual approval has been obtained 15 are not adversely affected. 16 Section 11. Section 380.115, Florida Statutes, is 17 amended to read: 18 380.115 Vested rights and duties; effect of size 19 reduction, changes in guidelines and standards chs. 2002-20 20 and 2002-296.-- 21 (1) A change in a development-of-regional-impact 22 guideline and standard does not abridge Nothing contained in 23 this act abridges or modify modifies any vested or other right 24 or any duty or obligation pursuant to any development order or 25 agreement that is applicable to a development of regional 26 impact on the effective date of this act. A development that 27 has received a development-of-regional-impact development 28 order pursuant to s. 380.06, but is no longer required to 29 undergo development-of-regional-impact review by operation of 30 a change in the guidelines and standards or has reduced its 31 size below the thresholds in s. 380.0651 of this act, shall be 52 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 governed by the following procedures: 2 (a) The development shall continue to be governed by 3 the development-of-regional-impact development order and may 4 be completed in reliance upon and pursuant to the development 5 order unless the developer or landowner has followed the 6 procedures for rescission in paragraph (b). Any proposed 7 changes to those developments which continue to be governed by 8 a development order shall be approved pursuant to s. 9 380.06(19) as it existed prior to a change in the 10 development-of-regional-impact guidelines and standards, 11 except that all percentage criteria shall be doubled and all 12 other criteria shall be increased by 10 percent. The 13 development-of-regional-impact development order may be 14 enforced by the local government as provided by ss. 380.06(17) 15 and 380.11. 16 (b) If requested by the developer or landowner, the 17 development-of-regional-impact development order shall may be 18 rescinded by the local government having jurisdiction upon a 19 showing that all required mitigation related to the amount of 20 development that existed on the date of rescission has been 21 completed abandoned pursuant to the process in s. 380.06(26). 22 (2) A development with an application for development 23 approval pending, and determined sufficient pursuant to s. 24 380.06 s. 380.06(10), on the effective date of a change to the 25 guidelines and standards this act, or a notification of 26 proposed change pending on the effective date of a change to 27 the guidelines and standards this act, may elect to continue 28 such review pursuant to s. 380.06. At the conclusion of the 29 pending review, including any appeals pursuant to s. 380.07, 30 the resulting development order shall be governed by the 31 provisions of subsection (1). 53 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 (3) A landowner that has filed an application for a 2 development-of-regional-impact review prior to the adoption of 3 an optional sector plan pursuant to s. 163.3245 may elect to 4 have the application reviewed pursuant to s. 380.06, 5 comprehensive plan provisions in force prior to adoption of 6 the sector plan, and any requested comprehensive plan 7 amendments that accompany the application. 8 Section 12. Paragraph (i) of subsection (2) of section 9 403.813, Florida Statutes, is amended to read: 10 403.813 Permits issued at district centers; 11 exceptions.-- 12 (2) A permit is not required under this chapter, 13 chapter 373, chapter 61-691, Laws of Florida, or chapter 25214 14 or chapter 25270, 1949, Laws of Florida, for activities 15 associated with the following types of projects; however, 16 except as otherwise provided in this subsection, nothing in 17 this subsection relieves an applicant from any requirement to 18 obtain permission to use or occupy lands owned by the Board of 19 Trustees of the Internal Improvement Trust Fund or any water 20 management district in its governmental or proprietary 21 capacity or from complying with applicable local pollution 22 control programs authorized under this chapter or other 23 requirements of county and municipal governments: 24 (i) The construction of private docks of 1,000 square 25 feet or less of over-water surface area and seawalls in 26 artificially created waterways where such construction will 27 not violate existing water quality standards, impede 28 navigation, or affect flood control. This exemption does not 29 apply to the construction of vertical seawalls in estuaries or 30 lagoons unless the proposed construction is within an existing 31 manmade canal where the shoreline is currently occupied in 54 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 whole or part by vertical seawalls. 2 Section 13. This act shall take effect July 1, 2006. 3 4 5 ================ T I T L E A M E N D M E N T =============== 6 And the title is amended as follows: 7 Delete everything before the enacting clause 8 9 and insert: 10 A bill to be entitled 11 An act relating to growth management; amending 12 s. 163.01, F.S.; revising provisions for filing 13 certain interlocal agreements and amendments; 14 amending s. 163.3177, F.S.; encouraging local 15 governments to adopt recreational surface water 16 use policies; providing criteria and exemptions 17 for such policies; authorizing assistance for 18 the development of such policies; directing the 19 Office of Program Policy Analysis and 20 Government Accountability to submit a report to 21 the Legislature; revising a provision relating 22 to the amount of transferrable land use 23 credits; amending s. 163.3180, F.S.; conforming 24 a cross-reference; amending s. 197.303, F.S.; 25 revising the criteria for ad valorem tax 26 deferral waterfront properties; creating s. 27 336.68, F.S.; authorizing certain real property 28 owners to select a community development 29 district to provide road and drainage 30 improvements; authorizing certain real property 31 owners to withdraw from a community development 55 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 district; providing eligibility requirements; 2 requiring that a certificate be filed for such 3 withdrawal; providing requirements and 4 procedures therefor; amending s. 342.07, F.S.; 5 including hotels and motels within the 6 definition of the term "recreational and 7 commercial working waterfront"; creating s. 8 373.4132, F.S.; directing water management 9 district governing boards and the Department of 10 Environmental Protection to require permits for 11 certain activities relating to certain dry 12 storage facilities; providing criteria for 13 application of such permits; preserving 14 regulatory authority for the department and 15 governing boards; amending s. 380.06, F.S.; 16 providing for the state land planning agency to 17 determine the amount of development that 18 remains to be built in certain circumstances; 19 specifying certain requirements for a 20 development order; revising the circumstances 21 in which a local government may issue permits 22 for development subsequent to the buildout 23 date; revising the definition of an essentially 24 built-out development; revising the criteria 25 under which a proposed change constitutes a 26 substantial deviation; providing criteria for 27 calculating certain deviations; clarifying the 28 criteria under which the extension of a 29 buildout date is presumed to create a 30 substantial deviation; requiring that notice of 31 any change to certain set-aside areas be 56 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 submitted to the local government; requiring 2 that notice of certain changes be given to the 3 state land planning agency, regional planning 4 agency, and local government; revising the 5 statutory exemptions from 6 development-of-regional-impact review for 7 certain facilities; removing waterport and 8 marina developments from 9 development-of-regional-impact review; 10 providing statutory exemptions and partial 11 statutory exemptions for the development of 12 certain facilities; providing that the impacts 13 from an exempt use that will be part of a 14 larger project be included in the 15 development-of-regional-impact review of the 16 larger project; providing that vesting 17 provisions relating to authorized developments 18 of regional impact are not applicable to 19 certain projects; revising provisions for the 20 abandonment of developments of regional impact; 21 providing an exemption from such provisions for 22 certain developments of regional impact; 23 providing requirements for developments 24 following abandonment; amending s. 380.0651, 25 F.S.; revising the statewide guidelines and 26 standards for development-of-regional-impact 27 review of office developments; deleting such 28 guidelines and standards for port facilities; 29 revising such guidelines and standards for 30 residential developments; providing such 31 guidelines and standards for workforce housing; 57 7:19 PM 04/28/06 s1020c2d-21-k0a
Florida Senate - 2006 SENATOR AMENDMENT Bill No. CS for CS for SB 1020 Barcode 294664 1 amending s. 380.07, F.S.; revising the 2 appellate procedures for development orders 3 within a development of regional impact to the 4 Florida Land and Water Adjudicatory Commission; 5 amending s. 380.115, F.S.; providing that a 6 change in a development-of-regional-impact 7 guideline and standard does not abridge or 8 modify any vested right or duty under a 9 development order; providing a process for the 10 rescission of a development order by the local 11 government in certain circumstances; providing 12 an exemption for certain applications for 13 development approval and notices of proposed 14 changes; amending s. 403.813, F.S.; revising 15 permitting exceptions for the construction of 16 private docks in certain waterways; providing 17 an effective date. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 58 7:19 PM 04/28/06 s1020c2d-21-k0a