Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 1020
Barcode 700352
CHAMBER ACTION
Senate House
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1 Comm: RE .
04/18/2006 05:13 PM .
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11 The Committee on Transportation (Bennett) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Paragraph (g) of subsection (6) of section
19 163.3177, Florida Statutes, is amended to read:
20 163.3177 Required and optional elements of
21 comprehensive plan; studies and surveys.--
22 (6) In addition to the requirements of subsections
23 (1)-(5) and (12), the comprehensive plan shall include the
24 following elements:
25 (g)1. For those units of local government identified
26 in s. 380.24, a coastal management element, appropriately
27 related to the particular requirements of paragraphs (d) and
28 (e) and meeting the requirements of s. 163.3178(2) and (3).
29 The coastal management element shall set forth the policies
30 that shall guide the local government's decisions and program
31 implementation with respect to the following objectives:
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1 a.1. Maintenance, restoration, and enhancement of the
2 overall quality of the coastal zone environment, including,
3 but not limited to, its amenities and aesthetic values.
4 b.2. Continued existence of viable populations of all
5 species of wildlife and marine life.
6 c.3. The orderly and balanced utilization and
7 preservation, consistent with sound conservation principles,
8 of all living and nonliving coastal zone resources.
9 d.4. Avoidance of irreversible and irretrievable loss
10 of coastal zone resources.
11 e.5. Ecological planning principles and assumptions to
12 be used in the determination of suitability and extent of
13 permitted development.
14 f.6. Proposed management and regulatory techniques.
15 g.7. Limitation of public expenditures that subsidize
16 development in high-hazard coastal areas.
17 h.8. Protection of human life against the effects of
18 natural disasters.
19 i.9. The orderly development, maintenance, and use of
20 ports identified in s. 403.021(9) to facilitate deepwater
21 commercial navigation and other related activities.
22 j.10. Preservation, including sensitive adaptive use
23 of historic and archaeological resources.
24 2. As part of this element, affected local governments
25 are encouraged to adopt a boating facility siting plan or
26 policy that includes applicable criteria and considers such
27 factors as natural resources, manatee protection needs, and
28 recreation and economic demands as generally outlined in the
29 Boat Facility Siting Guide dated August 2000 and prepared by
30 the Bureau of Protected Species Management of the Fish and
31 Wildlife Conservation Commission. The local government's
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 adoption of a boating facility siting plan or policy by
2 comprehensive plan amendment is exempt from the provisions of
3 s. 163.3187(1). Local governments that wish to adopt a boating
4 facility siting plan or policy may be eligible for assistance
5 with the development of a plan or policy through the Florida
6 Coastal Management Program.
7 Section 2. Paragraph (a) of subsection (12) of section
8 163.3180, Florida Statutes, is amended to read:
9 163.3180 Concurrency.--
10 (12) When authorized by a local comprehensive plan, a
11 multiuse development of regional impact may satisfy the
12 transportation concurrency requirements of the local
13 comprehensive plan, the local government's concurrency
14 management system, and s. 380.06 by payment of a
15 proportionate-share contribution for local and regionally
16 significant traffic impacts, if:
17 (a) The development of regional impact meets or
18 exceeds the guidelines and standards of s. 380.0651(3)(h)(i)
19 and rule 28-24.032(2), Florida Administrative Code, and
20 includes a residential component that contains at least 100
21 residential dwelling units or 15 percent of the applicable
22 residential guideline and standard, whichever is greater;
23
24 The proportionate-share contribution may be applied to any
25 transportation facility to satisfy the provisions of this
26 subsection and the local comprehensive plan, but, for the
27 purposes of this subsection, the amount of the
28 proportionate-share contribution shall be calculated based
29 upon the cumulative number of trips from the proposed
30 development expected to reach roadways during the peak hour
31 from the complete buildout of a stage or phase being approved,
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1 divided by the change in the peak hour maximum service volume
2 of roadways resulting from construction of an improvement
3 necessary to maintain the adopted level of service, multiplied
4 by the construction cost, at the time of developer payment, of
5 the improvement necessary to maintain the adopted level of
6 service. For purposes of this subsection, "construction cost"
7 includes all associated costs of the improvement.
8 Section 3. Subsection (3) of section 197.303, Florida
9 Statutes, is amended to read:
10 197.303 Ad valorem tax deferral for recreational and
11 commercial working waterfront properties.--
12 (3) The ordinance shall designate the percentage or
13 amount of the deferral and the type and location of working
14 waterfront property, including the type of public lodging
15 establishments, for which deferrals may be granted, which may
16 include any property meeting the provisions of s. 342.07(2),
17 which property may be further required to be located within a
18 particular geographic area or areas of the county or
19 municipality.
20 Section 4. Section 342.07, Florida Statutes, is
21 amended to read:
22 342.07 Recreational and commercial working
23 waterfronts; legislative findings; definitions.--
24 (1) The Legislature recognizes that there is an
25 important state interest in facilitating boating and other
26 recreational access to the state's navigable waters. This
27 access is vital to tourists and recreational users and the
28 marine industry in the state, to maintaining or enhancing the
29 $57 billion economic impact of tourism and the $14 billion
30 economic impact of boating in the state annually, and to
31 ensuring continued access to all residents and visitors to the
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1 navigable waters of the state. The Legislature recognizes that
2 there is an important state interest in maintaining viable
3 water-dependent support facilities, such as public lodging
4 establishments and boat hauling and repairing and commercial
5 fishing facilities, and in maintaining the availability of
6 public access to the navigable waters of the state. The
7 Legislature further recognizes that the waterways of the state
8 are important for engaging in commerce and the transportation
9 of goods and people upon such waterways and that such commerce
10 and transportation is not feasible unless there is access to
11 and from the navigable waters of the state through
12 recreational and commercial working waterfronts.
13 (2) As used in this section, the term "recreational
14 and commercial working waterfront" means a parcel or parcels
15 of real property that provide access for water-dependent
16 commercial and recreational activities, including public
17 lodging establishments as defined in chapter 509, or provide
18 access for the public to the navigable waters of the state.
19 Recreational and commercial working waterfronts require direct
20 access to or a location on, over, or adjacent to a navigable
21 body of water. The term includes water-dependent facilities
22 that are open to the public and offer public access by vessels
23 to the waters of the state or that are support facilities for
24 recreational, commercial, research, or governmental vessels.
25 These facilities include public lodging establishments, docks,
26 wharfs, lifts, wet and dry marinas, boat ramps, boat hauling
27 and repair facilities, commercial fishing facilities, boat
28 construction facilities, and other support structures over the
29 water. As used in this section, the term "vessel" has the same
30 meaning as in s. 327.02(37). Seaports are excluded from the
31 definition.
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1 Section 5. Section 373.4132, Florida Statutes, is
2 created to read:
3 373.4132 Dry storage facility permitting.--The
4 governing board or the department shall require a permit under
5 this part, including s. 373.4145, for the construction,
6 alteration, operation, maintenance, abandonment, or removal of
7 a dry storage facility for 10 or more vessels that is
8 functionally associated with a boat launching area. As part of
9 an applicant's demonstration that such a facility will not be
10 harmful to the water resources and will not be inconsistent
11 with the overall objectives of the district, the governing
12 board or department shall require the applicant to provide
13 reasonable assurance that the secondary impacts from the
14 facility will not cause adverse impacts to the functions of
15 wetlands and surface waters, including violations of state
16 water quality standards applicable to waters as defined in s.
17 403.031(13), and will meet the public interest test of s.
18 373.414(1)(a), including the potential adverse impacts to
19 manatees. Nothing in this section shall affect the authority
20 of the governing board or the department to regulate such
21 secondary impacts under this part for other regulated
22 activities.
23 Section 6. Paragraph (d) of subsection (2), paragraphs
24 (a) and (i) of subsection (4), and subsections (15), (19), and
25 (24) of section 380.06, Florida Statutes, are amended, and
26 subsection (28) is added to that section, to read:
27 380.06 Developments of regional impact.--
28 (2) STATEWIDE GUIDELINES AND STANDARDS.--
29 (d) The guidelines and standards shall be applied as
30 follows:
31 1. Fixed thresholds.--
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1 a. A development that is below 100 percent of all
2 numerical thresholds in the guidelines and standards shall not
3 be required to undergo development-of-regional-impact review.
4 b. A development that is at or above 120 percent of
5 any numerical threshold shall be required to undergo
6 development-of-regional-impact review.
7 c. Projects certified under s. 403.973 which create at
8 least 100 jobs and meet the criteria of the Office of Tourism,
9 Trade, and Economic Development as to their impact on an
10 area's economy, employment, and prevailing wage and skill
11 levels that are at or below 100 percent of the numerical
12 thresholds for industrial plants, industrial parks,
13 distribution, warehousing or wholesaling facilities, office
14 development or multiuse projects other than residential, as
15 described in s. 380.0651(3)(c), (d), and (h)(i), are not
16 required to undergo development-of-regional-impact review.
17 2. Rebuttable presumption.--It shall be presumed that
18 a development that is at 100 percent or between 100 and 120
19 percent of a numerical threshold shall be required to undergo
20 development-of-regional-impact review.
21 (4) BINDING LETTER.--
22 (a) If any developer is in doubt whether his or her
23 proposed development must undergo
24 development-of-regional-impact review under the guidelines and
25 standards, whether his or her rights have vested pursuant to
26 subsection (20), or whether a proposed substantial change to a
27 development of regional impact concerning which rights had
28 previously vested pursuant to subsection (20) would divest
29 such rights, the developer may request a determination from
30 the state land planning agency. The developer or the
31 appropriate local government having jurisdiction may request
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1 that the state land planning agency determine whether the
2 amount of development that remains to be built in an approved
3 development of regional impact meets the criteria of
4 subparagraph (15)(g)3.
5 (i) In response to an inquiry from a developer or the
6 appropriate local government having jurisdiction, the state
7 land planning agency may issue an informal determination in
8 the form of a clearance letter as to whether a development is
9 required to undergo development-of-regional-impact review or
10 whether the amount of development that remains to be built in
11 an approved development of regional impact meets the criteria
12 of subparagraph (15)(g)3. A clearance letter may be based
13 solely on the information provided by the developer, and the
14 state land planning agency is not required to conduct an
15 investigation of that information. If any material information
16 provided by the developer is incomplete or inaccurate, the
17 clearance letter is not binding upon the state land planning
18 agency. A clearance letter does not constitute final agency
19 action.
20 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
21 (a) The appropriate local government shall render a
22 decision on the application within 30 days after the hearing
23 unless an extension is requested by the developer.
24 (b) When possible, local governments shall issue
25 development orders concurrently with any other local permits
26 or development approvals that may be applicable to the
27 proposed development.
28 (c) The development order shall include findings of
29 fact and conclusions of law consistent with subsections (13)
30 and (14). The development order:
31 1. Shall specify the monitoring procedures and the
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1 local official responsible for assuring compliance by the
2 developer with the development order.
3 2. Shall establish compliance dates for the
4 development order, including a deadline for commencing
5 physical development and for compliance with conditions of
6 approval or phasing requirements, and shall include a buildout
7 termination date that reasonably reflects the time anticipated
8 required to complete the development.
9 3. Shall establish a date until which the local
10 government agrees that the approved development of regional
11 impact shall not be subject to downzoning, unit density
12 reduction, or intensity reduction, unless the local government
13 can demonstrate that substantial changes in the conditions
14 underlying the approval of the development order have occurred
15 or the development order was based on substantially inaccurate
16 information provided by the developer or that the change is
17 clearly established by local government to be essential to the
18 public health, safety, or welfare. The date established
19 pursuant to this subparagraph shall be no sooner than the
20 buildout date of the project.
21 4. Shall specify the requirements for the biennial
22 report designated under subsection (18), including the date of
23 submission, parties to whom the report is submitted, and
24 contents of the report, based upon the rules adopted by the
25 state land planning agency. Such rules shall specify the scope
26 of any additional local requirements that may be necessary for
27 the report.
28 5. May specify the types of changes to the development
29 which shall require submission for a substantial deviation
30 determination or a notice of proposed change under subsection
31 (19).
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1 6. Shall include a legal description of the property.
2 (d) Conditions of a development order that require a
3 developer to contribute land for a public facility or
4 construct, expand, or pay for land acquisition or construction
5 or expansion of a public facility, or portion thereof, shall
6 meet the following criteria:
7 1. The need to construct new facilities or add to the
8 present system of public facilities must be reasonably
9 attributable to the proposed development.
10 2. Any contribution of funds, land, or public
11 facilities required from the developer shall be comparable to
12 the amount of funds, land, or public facilities that the state
13 or the local government would reasonably expect to expend or
14 provide, based on projected costs of comparable projects, to
15 mitigate the impacts reasonably attributable to the proposed
16 development.
17 3. Any funds or lands contributed must be expressly
18 designated and used to mitigate impacts reasonably
19 attributable to the proposed development.
20 4. Construction or expansion of a public facility by a
21 nongovernmental developer as a condition of a development
22 order to mitigate the impacts reasonably attributable to the
23 proposed development is not subject to competitive bidding or
24 competitive negotiation for selection of a contractor or
25 design professional for any part of the construction or design
26 unless required by the local government that issues the
27 development order.
28 (e)1. Effective July 1, 1986, A local government shall
29 not include, as a development order condition for a
30 development of regional impact, any requirement that a
31 developer contribute or pay for land acquisition or
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1 construction or expansion of public facilities or portions
2 thereof unless the local government has enacted a local
3 ordinance which requires other development not subject to this
4 section to contribute its proportionate share of the funds,
5 land, or public facilities necessary to accommodate any
6 impacts having a rational nexus to the proposed development,
7 and the need to construct new facilities or add to the present
8 system of public facilities must be reasonably attributable to
9 the proposed development.
10 2. A local government shall not approve a development
11 of regional impact that does not make adequate provision for
12 the public facilities needed to accommodate the impacts of the
13 proposed development unless the local government includes in
14 the development order a commitment by the local government to
15 provide these facilities consistently with the development
16 schedule approved in the development order; however, a local
17 government's failure to meet the requirements of subparagraph
18 1. and this subparagraph shall not preclude the issuance of a
19 development order where adequate provision is made by the
20 developer for the public facilities needed to accommodate the
21 impacts of the proposed development. Any funds or lands
22 contributed by a developer must be expressly designated and
23 used to accommodate impacts reasonably attributable to the
24 proposed development.
25 3. The Department of Community Affairs and other state
26 and regional agencies involved in the administration and
27 implementation of this act shall cooperate and work with units
28 of local government in preparing and adopting local impact fee
29 and other contribution ordinances.
30 (f) Notice of the adoption of a development order or
31 the subsequent amendments to an adopted development order
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1 shall be recorded by the developer, in accordance with s.
2 28.222, with the clerk of the circuit court for each county in
3 which the development is located. The notice shall include a
4 legal description of the property covered by the order and
5 shall state which unit of local government adopted the
6 development order, the date of adoption, the date of adoption
7 of any amendments to the development order, the location where
8 the adopted order with any amendments may be examined, and
9 that the development order constitutes a land development
10 regulation applicable to the property. The recording of this
11 notice shall not constitute a lien, cloud, or encumbrance on
12 real property, or actual or constructive notice of any such
13 lien, cloud, or encumbrance. This paragraph applies only to
14 developments initially approved under this section after July
15 1, 1980.
16 (g) A local government shall not issue permits for
17 development subsequent to the buildout termination date or
18 expiration date contained in the development order unless:
19 1. The proposed development has been evaluated
20 cumulatively with existing development under the substantial
21 deviation provisions of subsection (19) subsequent to the
22 termination or expiration date;
23 2. The proposed development is consistent with an
24 abandonment of development order that has been issued in
25 accordance with the provisions of subsection (26); or
26 3. The development of regional impact is essentially
27 built out, in that all the mitigation requirements in the
28 development order have been satisfied, all developers are in
29 compliance with all applicable terms and conditions of the
30 development order except the buildout date, and the amount of
31 proposed development that remains to be built is less than 20
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1 percent of any applicable development-of-regional-impact
2 threshold; or
3 4.3. The project has been determined to be an
4 essentially built-out development of regional impact through
5 an agreement executed by the developer, the state land
6 planning agency, and the local government, in accordance with
7 s. 380.032, which will establish the terms and conditions
8 under which the development may be continued. If the project
9 is determined to be essentially built out built-out,
10 development may proceed pursuant to the s. 380.032 agreement
11 after the termination or expiration date contained in the
12 development order without further
13 development-of-regional-impact review subject to the local
14 government comprehensive plan and land development regulations
15 or subject to a modified development-of-regional-impact
16 analysis. As used in this paragraph, an "essentially
17 built-out" development of regional impact means:
18 a. The developers are development is in compliance
19 with all applicable terms and conditions of the development
20 order except the buildout built-out date; and
21 b.(I) The amount of development that remains to be
22 built is less than the substantial deviation threshold
23 specified in paragraph (19)(b) for each individual land use
24 category, or, for a multiuse development, the sum total of all
25 unbuilt land uses as a percentage of the applicable
26 substantial deviation threshold is equal to or less than 100
27 percent; or
28 (II) The state land planning agency and the local
29 government have agreed in writing that the amount of
30 development to be built does not create the likelihood of any
31 additional regional impact not previously reviewed.
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1
2 The single-family residential portions of a development may be
3 considered "essentially built out" if all of the workforce
4 housing obligations and all of the infrastructure and
5 horizontal development have been completed, at least 50
6 percent of the dwelling units have been completed, and more
7 than 80 percent of the lots have been conveyed to third-party
8 individual lot owners or to individual builders who own no
9 more than 40 lots at the time of the determination. The mobile
10 home park portions of a development may be considered
11 "essentially built out" if all the infrastructure and
12 horizontal development has been completed, and at least 50
13 percent of the lots are leased to individual mobile home
14 owners.
15 (h) If the property is annexed by another local
16 jurisdiction, the annexing jurisdiction shall adopt a new
17 development order that incorporates all previous rights and
18 obligations specified in the prior development order.
19 (19) SUBSTANTIAL DEVIATIONS.--
20 (a) Any proposed change to a previously approved
21 development which creates a reasonable likelihood of
22 additional regional impact, or any type of regional impact
23 created by the change not previously reviewed by the regional
24 planning agency, shall constitute a substantial deviation and
25 shall cause the proposed change development to be subject to
26 further development-of-regional-impact review. There are a
27 variety of reasons why a developer may wish to propose changes
28 to an approved development of regional impact, including
29 changed market conditions. The procedures set forth in this
30 subsection are for that purpose.
31 (b) Any proposed change to a previously approved
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1 development of regional impact or development order condition
2 which, either individually or cumulatively with other changes,
3 exceeds any of the following criteria shall constitute a
4 substantial deviation and shall cause the development to be
5 subject to further development-of-regional-impact review
6 without the necessity for a finding of same by the local
7 government:
8 1. An increase in the number of parking spaces at an
9 attraction or recreational facility by 10 5 percent or 330 300
10 spaces, whichever is greater, or an increase in the number of
11 spectators that may be accommodated at such a facility by 10 5
12 percent or 1,100 1,000 spectators, whichever is greater.
13 2. A new runway, a new terminal facility, a 25-percent
14 lengthening of an existing runway, or a 25-percent increase in
15 the number of gates of an existing terminal, but only if the
16 increase adds at least three additional gates.
17 3. An increase in the number of hospital beds by 5
18 percent or 60 beds, whichever is greater.
19 3.4. An increase in industrial development area by 10
20 5 percent or 35 32 acres, whichever is greater.
21 4.5. An increase in the average annual acreage mined
22 by 10 5 percent or 11 10 acres, whichever is greater, or an
23 increase in the average daily water consumption by a mining
24 operation by 10 5 percent or 330,000 300,000 gallons,
25 whichever is greater. A net An increase in the size of the
26 mine by 10 5 percent or 825 750 acres, whichever is less. For
27 purposes of calculating any net increases in size, only
28 additions and deletions of lands that have not been mined
29 shall be considered. An increase in the size of a heavy
30 mineral mine as defined in s. 378.403(7) will only constitute
31 a substantial deviation if the average annual acreage mined is
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1 more than 550 500 acres and consumes more than 3.3 3 million
2 gallons of water per day.
3 5.6. An increase in land area for office development
4 by 10 5 percent or an increase of gross floor area of office
5 development by 10 5 percent or 66,000 60,000 gross square
6 feet, whichever is greater.
7 7. An increase in the storage capacity for chemical or
8 petroleum storage facilities by 5 percent, 20,000 barrels, or
9 7 million pounds, whichever is greater.
10 8. An increase of development at a waterport of wet
11 storage for 20 watercraft, dry storage for 30 watercraft, or
12 wet/dry storage for 60 watercraft in an area identified in the
13 state marina siting plan as an appropriate site for additional
14 waterport development or a 5-percent increase in watercraft
15 storage capacity, whichever is greater.
16 6.9. An increase in the number of dwelling units by 10
17 5 percent or 55 50 dwelling units, whichever is greater.
18 7. An increase in the number of dwelling units by 50
19 percent or 200 units, whichever is greater, provided that 15
20 percent of the proposed additional dwelling units are
21 dedicated to affordable workforce housing, subject to a
22 recorded land use restriction, which includes resale
23 provisions and provision for the workforce housing to be
24 commenced prior to the completion of 50 percent of the market
25 rate dwelling. For purposes of this subparagraph, the term
26 "affordable workforce housing" means housing that is
27 affordable to a person who earns less than 120 percent of the
28 area median income, or less than 140 percent of the area
29 median income if located in a county in which the median
30 purchase price for a single-family existing home exceeds the
31 statewide median purchase price of a single-family existing
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1 home. For purposes of this subparagraph, the term "statewide
2 median purchase price of a single-family existing home" means
3 the statewide purchase price as determined in the Florida
4 Sales Report, Single-Family Existing Homes, released each
5 January by the Florida Association of Realtors and the
6 University of Florida Real Estate Research Center.
7 8.10. An increase in commercial development by 55,000
8 50,000 square feet of gross floor area or of parking spaces
9 provided for customers for 330 300 cars or a 10-percent
10 5-percent increase of either of these, whichever is greater.
11 9.11. An increase in hotel or motel rooms facility
12 units by 10 5 percent or 83 rooms 75 units, whichever is
13 greater.
14 10.12. An increase in a recreational vehicle park area
15 by 10 5 percent or 110 100 vehicle spaces, whichever is less.
16 11.13. A decrease in the area set aside for open space
17 of 5 percent or 20 acres, whichever is less.
18 12.14. A proposed increase to an approved multiuse
19 development of regional impact where the sum of the increases
20 of each land use as a percentage of the applicable substantial
21 deviation criteria is equal to or exceeds 110 100 percent. The
22 percentage of any decrease in the amount of open space shall
23 be treated as an increase for purposes of determining when 110
24 100 percent has been reached or exceeded.
25 13.15. A 15-percent increase in the number of external
26 vehicle trips generated by the development above that which
27 was projected during the original
28 development-of-regional-impact review.
29 14.16. Any change which would result in development of
30 any area which was specifically set aside in the application
31 for development approval or in the development order for
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1 preservation or special protection of endangered or threatened
2 plants or animals designated as endangered, threatened, or
3 species of special concern and their habitat, any species
4 protected by 16 U.S.C. s. 668a-668d, primary dunes, or
5 archaeological and historical sites designated as significant
6 by the Division of Historical Resources of the Department of
7 State. The further refinement of the boundaries and
8 configuration of such areas by survey shall be considered
9 under sub-subparagraph (e)2.j. (e)5.b.
10
11 The substantial deviation numerical standards in subparagraphs
12 3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding
13 residential uses, and in subparagraph 13. 15., are increased
14 by 100 percent for a project certified under s. 403.973 which
15 creates jobs and meets criteria established by the Office of
16 Tourism, Trade, and Economic Development as to its impact on
17 an area's economy, employment, and prevailing wage and skill
18 levels. The substantial deviation numerical standards in
19 subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. 4., 6., 9.,
20 10., 11., and 14. are increased by 50 percent for a project
21 located wholly within an urban infill and redevelopment area
22 designated on the applicable adopted local comprehensive plan
23 future land use map and not located within the coastal high
24 hazard area.
25 (c) An extension of the date of buildout of a
26 development, or any phase thereof, by more than 7 or more
27 years shall be presumed to create a substantial deviation
28 subject to further development-of-regional-impact review. An
29 extension of the date of buildout, or any phase thereof, of
30 more than 5 years or more but not more less than 7 years shall
31 be presumed not to create a substantial deviation. The
18
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1 extension of the date of buildout of an areawide development
2 of regional impact by more than 5 years but less than 10 years
3 is presumed not to create a substantial deviation. These
4 presumptions may be rebutted by clear and convincing evidence
5 at the public hearing held by the local government. An
6 extension of 5 years or less than 5 years is not a substantial
7 deviation. For the purpose of calculating when a buildout or,
8 phase, or termination date has been exceeded, the time shall
9 be tolled during the pendency of administrative or judicial
10 proceedings relating to development permits. Any extension of
11 the buildout date of a project or a phase thereof shall
12 automatically extend the commencement date of the project, the
13 termination date of the development order, the expiration date
14 of the development of regional impact, and the phases thereof
15 if applicable by a like period of time.
16 (d) A change in the plan of development of an approved
17 development of regional impact resulting from requirements
18 imposed by the Department of Environmental Protection or any
19 water management district created by s. 373.069 or any of
20 their successor agencies or by any appropriate federal
21 regulatory agency shall be submitted to the local government
22 pursuant to this subsection. The change shall be presumed not
23 to create a substantial deviation subject to further
24 development-of-regional-impact review. The presumption may be
25 rebutted by clear and convincing evidence at the public
26 hearing held by the local government.
27 (e)1. Except for a development order rendered pursuant
28 to subsection (22) or subsection (25), a proposed change to a
29 development order that individually or cumulatively with any
30 previous change is less than any numerical criterion contained
31 in subparagraphs (b)1.-13. (b)1.-15. and does not exceed any
19
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1 other criterion, or that involves an extension of the buildout
2 date of a development, or any phase thereof, of less than 5
3 years is not subject to the public hearing requirements of
4 subparagraph (f)3., and is not subject to a determination
5 pursuant to subparagraph (f)5. Notice of the proposed change
6 shall be made to the regional planning council and the state
7 land planning agency. Such notice shall include a description
8 of previous individual changes made to the development,
9 including changes previously approved by the local government,
10 and shall include appropriate amendments to the development
11 order.
12 2. The following changes, individually or cumulatively
13 with any previous changes, are not substantial deviations:
14 a. Changes in the name of the project, developer,
15 owner, or monitoring official.
16 b. Changes to a setback that do not affect noise
17 buffers, environmental protection or mitigation areas, or
18 archaeological or historical resources.
19 c. Changes to minimum lot sizes.
20 d. Changes in the configuration of internal roads that
21 do not affect external access points.
22 e. Changes to the building design or orientation that
23 stay approximately within the approved area designated for
24 such building and parking lot, and which do not affect
25 historical buildings designated as significant by the Division
26 of Historical Resources of the Department of State.
27 f. Changes to increase the acreage in the development,
28 provided that no development is proposed on the acreage to be
29 added.
30 g. Changes to eliminate an approved land use, provided
31 that there are no additional regional impacts.
20
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1 h. Changes required to conform to permits approved by
2 any federal, state, or regional permitting agency, provided
3 that these changes do not create additional regional impacts.
4 i. Any renovation or redevelopment of development
5 within a previously approved development of regional impact
6 which does not change land use or increase density or
7 intensity of use.
8 j. Changes that modify boundaries and configuration of
9 areas described in subparagraph (b)14. due to science-based
10 refinement of such areas by survey, by habitat evaluation, by
11 other recognized assessment methodology, or by an
12 environmental assessment. In order for changes to qualify
13 under this sub-subparagraph, the survey, habitat evaluation,
14 or assessment must occur prior to the time a conservation
15 easement protecting such lands is recorded and must not result
16 in any net decrease in the total acreage of the lands
17 specifically set aside for permanent preservation in the final
18 development order.
19 k.j. Any other change which the state land planning
20 agency, in consultation with the regional planning council,
21 agrees in writing is similar in nature, impact, or character
22 to the changes enumerated in sub-subparagraphs a.-j. a.-i. and
23 which does not create the likelihood of any additional
24 regional impact.
25
26 This subsection does not require the filing of a notice of
27 proposed change but shall require an application to the local
28 government to amend the development order in accordance with
29 the local government's procedures for amendment of a
30 development order. In accordance with the local government's
31 procedures, including requirements for notice to the applicant
21
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1 and the public, the local government shall either deny the
2 application for amendment or adopt an amendment to the
3 development order which approves the application with or
4 without conditions. Following adoption, the local government
5 shall render to the state land planning agency the amendment
6 to the development order. The state land planning agency may
7 appeal, pursuant to s. 380.07(3), the amendment to the
8 development order if the amendment involves sub-subparagraph
9 g., sub-subparagraph h., sub-subparagraph j., or
10 sub-subparagraph k. and it believes the change creates a
11 reasonable likelihood of new or additional regional impacts a
12 development order amendment for any change listed in
13 sub-subparagraphs a.-j. unless such issue is addressed either
14 in the existing development order or in the application for
15 development approval, but, in the case of the application,
16 only if, and in the manner in which, the application is
17 incorporated in the development order.
18 3. Except for the change authorized by
19 sub-subparagraph 2.f., any addition of land not previously
20 reviewed or any change not specified in paragraph (b) or
21 paragraph (c) shall be presumed to create a substantial
22 deviation. This presumption may be rebutted by clear and
23 convincing evidence.
24 4. Any submittal of a proposed change to a previously
25 approved development shall include a description of individual
26 changes previously made to the development, including changes
27 previously approved by the local government. The local
28 government shall consider the previous and current proposed
29 changes in deciding whether such changes cumulatively
30 constitute a substantial deviation requiring further
31 development-of-regional-impact review.
22
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1 5. The following changes to an approved development of
2 regional impact shall be presumed to create a substantial
3 deviation. Such presumption may be rebutted by clear and
4 convincing evidence.
5 a. A change proposed for 15 percent or more of the
6 acreage to a land use not previously approved in the
7 development order. Changes of less than 15 percent shall be
8 presumed not to create a substantial deviation.
9 b. Except for the types of uses listed in subparagraph
10 (b)16., any change which would result in the development of
11 any area which was specifically set aside in the application
12 for development approval or in the development order for
13 preservation, buffers, or special protection, including
14 habitat for plant and animal species, archaeological and
15 historical sites, dunes, and other special areas.
16 b.c. Notwithstanding any provision of paragraph (b) to
17 the contrary, a proposed change consisting of simultaneous
18 increases and decreases of at least two of the uses within an
19 authorized multiuse development of regional impact which was
20 originally approved with three or more uses specified in s.
21 380.0651(3)(c), (d), (e)(f), and (f)(g) and residential use.
22 (f)1. The state land planning agency shall establish
23 by rule standard forms for submittal of proposed changes to a
24 previously approved development of regional impact which may
25 require further development-of-regional-impact review. At a
26 minimum, the standard form shall require the developer to
27 provide the precise language that the developer proposes to
28 delete or add as an amendment to the development order.
29 2. The developer shall submit, simultaneously, to the
30 local government, the regional planning agency, and the state
31 land planning agency the request for approval of a proposed
23
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1 change.
2 3. No sooner than 30 days but no later than 45 days
3 after submittal by the developer to the local government, the
4 state land planning agency, and the appropriate regional
5 planning agency, the local government shall give 15 days'
6 notice and schedule a public hearing to consider the change
7 that the developer asserts does not create a substantial
8 deviation. This public hearing shall be held within 60 90 days
9 after submittal of the proposed changes, unless that time is
10 extended by the developer.
11 4. The appropriate regional planning agency or the
12 state land planning agency shall review the proposed change
13 and, no later than 45 days after submittal by the developer of
14 the proposed change, unless that time is extended by the
15 developer, and prior to the public hearing at which the
16 proposed change is to be considered, shall advise the local
17 government in writing whether it objects to the proposed
18 change, shall specify the reasons for its objection, if any,
19 and shall provide a copy to the developer.
20 5. At the public hearing, the local government shall
21 determine whether the proposed change requires further
22 development-of-regional-impact review. The provisions of
23 paragraphs (a) and (e), the thresholds set forth in paragraph
24 (b), and the presumptions set forth in paragraphs (c) and (d)
25 and subparagraph (e)3. shall be applicable in determining
26 whether further development-of-regional-impact review is
27 required.
28 6. If the local government determines that the
29 proposed change does not require further
30 development-of-regional-impact review and is otherwise
31 approved, or if the proposed change is not subject to a
24
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1 hearing and determination pursuant to subparagraphs 3. and 5.
2 and is otherwise approved, the local government shall issue an
3 amendment to the development order incorporating the approved
4 change and conditions of approval relating to the change. The
5 requirement that a change be otherwise approved shall not be
6 construed to require additional local review or approval if
7 the change is allowed by applicable local ordinances without
8 further local review or approval. The decision of the local
9 government to approve, with or without conditions, or to deny
10 the proposed change that the developer asserts does not
11 require further review shall be subject to the appeal
12 provisions of s. 380.07. However, the state land planning
13 agency may not appeal the local government decision if it did
14 not comply with subparagraph 4. The state land planning agency
15 may not appeal a change to a development order made pursuant
16 to subparagraph (e)1. or subparagraph (e)2. for developments
17 of regional impact approved after January 1, 1980, unless the
18 change would result in a significant impact to a regionally
19 significant archaeological, historical, or natural resource
20 not previously identified in the original
21 development-of-regional-impact review.
22 (g) If a proposed change requires further
23 development-of-regional-impact review pursuant to this
24 section, the review shall be conducted subject to the
25 following additional conditions:
26 1. The development-of-regional-impact review conducted
27 by the appropriate regional planning agency shall address only
28 those issues raised by the proposed change except as provided
29 in subparagraph 2.
30 2. The regional planning agency shall consider, and
31 the local government shall determine whether to approve,
25
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1 approve with conditions, or deny the proposed change as it
2 relates to the entire development. If the local government
3 determines that the proposed change, as it relates to the
4 entire development, is unacceptable, the local government
5 shall deny the change.
6 3. If the local government determines that the
7 proposed change, as it relates to the entire development,
8 should be approved, any new conditions in the amendment to the
9 development order issued by the local government shall address
10 only those issues raised by the proposed change and require
11 mitigation only for the individual and cumulative impacts of
12 the proposed change.
13 4. Development within the previously approved
14 development of regional impact may continue, as approved,
15 during the development-of-regional-impact review in those
16 portions of the development which are not directly affected by
17 the proposed change.
18 (h) When further development-of-regional-impact review
19 is required because a substantial deviation has been
20 determined or admitted by the developer, the amendment to the
21 development order issued by the local government shall be
22 consistent with the requirements of subsection (15) and shall
23 be subject to the hearing and appeal provisions of s. 380.07.
24 The state land planning agency or the appropriate regional
25 planning agency need not participate at the local hearing in
26 order to appeal a local government development order issued
27 pursuant to this paragraph.
28 (i) An increase in the number of residential dwelling
29 units shall not constitute a substantial deviation and shall
30 not be subject to development-of-regional-impact review for
31 additional impacts provided that all the residential dwelling
26
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1 units are dedicated to affordable workforce housing, subject
2 to a recorded land use restriction, which includes resale
3 provisions. For purposes of this paragraph, the term
4 "affordable workforce housing" means housing that is
5 affordable to a person who earns less than 120 percent of the
6 area median income, or less than 140 percent of the area
7 median income if located in a county in which the median
8 purchase price for a single-family existing home exceeds the
9 statewide median purchase price of a single-family existing
10 home. For purposes of this paragraph, the term "statewide
11 median purchase price of a single-family existing home" means
12 the statewide purchase price as determined in the Florida
13 Sales Report, Single-Family Existing Homes, released each
14 January by the Florida Association of Realtors and the
15 University of Florida Real Estate Research Center.
16 (24) STATUTORY EXEMPTIONS.--
17 (a) Any proposed hospital which has a designed
18 capacity of not more than 100 beds is exempt from the
19 provisions of this section.
20 (b) Any proposed electrical transmission line or
21 electrical power plant is exempt from the provisions of this
22 section , except any steam or solar electrical generating
23 facility of less than 50 megawatts in capacity attached to a
24 development of regional impact.
25 (c) Any proposed addition to an existing sports
26 facility complex is exempt from the provisions of this section
27 if the addition meets the following characteristics:
28 1. It would not operate concurrently with the
29 scheduled hours of operation of the existing facility.
30 2. Its seating capacity would be no more than 75
31 percent of the capacity of the existing facility.
27
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1 3. The sports facility complex property is owned by a
2 public body prior to July 1, 1983.
3
4 This exemption does not apply to any pari-mutuel facility.
5 (d) Any proposed addition or cumulative additions
6 subsequent to July 1, 1988, to an existing sports facility
7 complex owned by a state university is exempt if the increased
8 seating capacity of the complex is no more than 30 percent of
9 the capacity of the existing facility.
10 (e) Any addition of permanent seats or parking spaces
11 for an existing sports facility located on property owned by a
12 public body prior to July 1, 1973, is exempt from the
13 provisions of this section if future additions do not expand
14 existing permanent seating or parking capacity more than 15
15 percent annually in excess of the prior year's capacity.
16 (f) Any increase in the seating capacity of an
17 existing sports facility having a permanent seating capacity
18 of at least 50,000 spectators is exempt from the provisions of
19 this section, provided that such an increase does not increase
20 permanent seating capacity by more than 5 percent per year and
21 not to exceed a total of 10 percent in any 5-year period, and
22 provided that the sports facility notifies the appropriate
23 local government within which the facility is located of the
24 increase at least 6 months prior to the initial use of the
25 increased seating, in order to permit the appropriate local
26 government to develop a traffic management plan for the
27 traffic generated by the increase. Any traffic management plan
28 shall be consistent with the local comprehensive plan, the
29 regional policy plan, and the state comprehensive plan.
30 (g) Any expansion in the permanent seating capacity or
31 additional improved parking facilities of an existing sports
28
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1 facility is exempt from the provisions of this section, if the
2 following conditions exist:
3 1.a. The sports facility had a permanent seating
4 capacity on January 1, 1991, of at least 41,000 spectator
5 seats;
6 b. The sum of such expansions in permanent seating
7 capacity does not exceed a total of 10 percent in any 5-year
8 period and does not exceed a cumulative total of 20 percent
9 for any such expansions; or
10 c. The increase in additional improved parking
11 facilities is a one-time addition and does not exceed 3,500
12 parking spaces serving the sports facility; and
13 2. The local government having jurisdiction of the
14 sports facility includes in the development order or
15 development permit approving such expansion under this
16 paragraph a finding of fact that the proposed expansion is
17 consistent with the transportation, water, sewer and
18 stormwater drainage provisions of the approved local
19 comprehensive plan and local land development regulations
20 relating to those provisions.
21
22 Any owner or developer who intends to rely on this statutory
23 exemption shall provide to the department a copy of the local
24 government application for a development permit. Within 45
25 days of receipt of the application, the department shall
26 render to the local government an advisory and nonbinding
27 opinion, in writing, stating whether, in the department's
28 opinion, the prescribed conditions exist for an exemption
29 under this paragraph. The local government shall render the
30 development order approving each such expansion to the
31 department. The owner, developer, or department may appeal the
29
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1 local government development order pursuant to s. 380.07,
2 within 45 days after the order is rendered. The scope of
3 review shall be limited to the determination of whether the
4 conditions prescribed in this paragraph exist. If any sports
5 facility expansion undergoes development of regional impact
6 review, all previous expansions which were exempt under this
7 paragraph shall be included in the development of regional
8 impact review.
9 (h) Expansion to port harbors, spoil disposal sites,
10 navigation channels, turning basins, harbor berths, and other
11 related inwater harbor facilities of ports listed in s.
12 403.021(9)(b), port transportation facilities and projects
13 listed in s. 311.07(3)(b), and intermodal transportation
14 facilities identified pursuant to s. 311.09(3) are exempt from
15 the provisions of this section when such expansions, projects,
16 or facilities are consistent with comprehensive master plans
17 that are in compliance with the provisions of s. 163.3178.
18 (i) Any proposed facility for the storage of any
19 petroleum product or any expansion of an existing facility is
20 exempt from the provisions of this section, if the facility is
21 consistent with a local comprehensive plan that is in
22 compliance with s. 163.3177 or is consistent with a
23 comprehensive port master plan that is in compliance with s.
24 163.3178.
25 (j) Any renovation or redevelopment within the same
26 land parcel which does not change land use or increase density
27 or intensity of use.
28 (k)1. Waterport and marina development, including dry
29 storage facilities, are exempt from the provisions of this
30 section Any waterport or marina development is exempt from the
31 provisions of this section if the relevant county or
30
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1 municipality has adopted a boating facility siting plan or
2 policy which includes applicable criteria, considering such
3 factors as natural resources, manatee protection needs and
4 recreation and economic demands as generally outlined in the
5 Bureau of Protected Species Management Boat Facility Siting
6 Guide, dated August 2000, into the coastal management or land
7 use element of its comprehensive plan. The adoption of boating
8 facility siting plans or policies into the comprehensive plan
9 is exempt from the provisions of s. 163.3187(1). Any waterport
10 or marina development within the municipalities or counties
11 with boating facility siting plans or policies that meet the
12 above criteria, adopted prior to April 1, 2002, are exempt
13 from the provisions of this section, when their boating
14 facility siting plan or policy is adopted as part of the
15 relevant local government's comprehensive plan.
16 2. Within 6 months of the effective date of this law,
17 The Department of Community Affairs, in conjunction with the
18 Department of Environmental Protection and the Florida Fish
19 and Wildlife Conservation Commission, shall provide technical
20 assistance and guidelines, including model plans, policies and
21 criteria to local governments for the development of their
22 siting plans.
23 (l) Any proposed development within an urban service
24 boundary established under s. 163.3177(14) is exempt from the
25 provisions of this section if the local government having
26 jurisdiction over the area where the development is proposed
27 has adopted the urban service boundary, and has entered into a
28 binding agreement with adjacent jurisdictions that would be
29 impacted and with the Department of Transportation regarding
30 the mitigation of impacts on state and regional transportation
31 facilities, and has adopted a proportionate share methodology
31
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1 pursuant to s. 163.3180(16).
2 (m) Any proposed development within a rural land
3 stewardship area created under s. 163.3177(11)(d) is exempt
4 from the provisions of this section if the local government
5 that has adopted the rural land stewardship area has entered
6 into a binding agreement with jurisdictions that would be
7 impacted and the Department of Transportation regarding the
8 mitigation of impacts on state and regional transportation
9 facilities, and has adopted a proportionate share methodology
10 pursuant to s. 163.3180(16).
11 (n) Any proposed development or redevelopment within
12 an area designated as an urban infill and redevelopment area
13 under s. 163.2517 is exempt from the provisions of this
14 section if the local government has entered into a binding
15 agreement with jurisdictions that would be impacted and the
16 Department of Transportation regarding the mitigation of
17 impacts on state and regional transportation facilities, and
18 has adopted a proportionate share methodology pursuant to s.
19 163.3180(16).
20 (o) The establishment, relocation, or expansion of any
21 military installation as defined in s. 163.3175, is exempt
22 from this section.
23 (p) Any self-storage warehousing that does not allow
24 retail or other services is exempt from this section.
25 (q) Any proposed nursing home or assisted living
26 facility is exempt from this section.
27 (r) Any development identified in an airport master
28 plan and adopted into the comprehensive plan pursuant to s.
29 163.3177(6)(k) is exempt from this section.
30 (s) Any development identified in a campus master plan
31 and adopted pursuant to s. 1013.30 is exempt from this
32
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1 section.
2 (t) Any development in a specific area plan which is
3 prepared pursuant to s. 163.3245 and adopted into the
4 comprehensive plan is exempt from this section.
5
6 If a use is exempt from review as a development of regional
7 impact under paragraphs (a)-(t) but will be part of a larger
8 project that is subject to review as a development of regional
9 impact, the impact of the exempt use must be included in the
10 review of the larger project.
11 (28) PARTIAL STATUTORY EXEMPTIONS.--
12 (a) If the binding agreement referenced under
13 paragraph (24)(l) for urban service boundaries is not entered
14 into within 12 months after establishment of the urban service
15 boundary, the development-of-regional-impact review for
16 projects within the urban service boundary must address
17 transportation impacts only.
18 (b) If the binding agreement referenced under
19 paragraph (24)(m) for rural land stewardship areas is not
20 entered into within 12 months after the designation of a rural
21 land stewardship area, the development-of-regional-impact
22 review for projects within the rural land stewardship area
23 must address transportation impacts only.
24 (c) If the binding agreement referenced under
25 paragraph (24)(n) for designated urban infill and
26 redevelopment areas is not entered into within 12 months after
27 the designation of the area or July 1, 2007, whichever occurs
28 later, the development-of-regional-impact review for projects
29 within the urban infill and redevelopment area must address
30 transportation impacts only.
31 (d) A local government that does not wish to enter
33
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1 into a binding agreement or that is unable to agree on the
2 terms of the agreement referenced under paragraph (24)(l),
3 paragraph (24)(m), or paragraph (24)(n) shall provide written
4 notification to the state land planning agency of the decision
5 to not enter into a binding agreement or the failure to enter
6 into a binding agreement within the 12-month period referenced
7 in paragraphs (a), (b) and (c). Following the notification of
8 the state land planning agency, development-of-regional-impact
9 review for projects within an urban service boundary under
10 paragraph (24)(l), a rural land stewardship area under
11 paragraph (24)(m), or an urban infill and redevelopment area
12 under paragraph (24)(n), must address transportation impacts
13 only.
14 (e) The vesting provision of s. 163.3167(8) relating
15 to an authorized development of regional impact shall not
16 apply to those projects partially exempt from the
17 development-of-regional-impact review process under paragraphs
18 (a)-(d).
19 Section 7. Paragraphs (d) and (e) of subsection (3) of
20 section 380.0651, Florida Statutes, are amended, paragraphs
21 (f) through (i) are redesignated as paragraphs (e) through
22 (h), respectively, paragraph (j) is redesignated as paragraph
23 (i) and amended, and a new paragraph (j) is added to that
24 subsection, to read:
25 380.0651 Statewide guidelines and standards.--
26 (3) The following statewide guidelines and standards
27 shall be applied in the manner described in s. 380.06(2) to
28 determine whether the following developments shall be required
29 to undergo development-of-regional-impact review:
30 (d) Office development.--Any proposed office building
31 or park operated under common ownership, development plan, or
34
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1 management that:
2 1. Encompasses 300,000 or more square feet of gross
3 floor area; or
4 2. Encompasses more than 600,000 square feet of gross
5 floor area in a county with a population greater than 500,000
6 and only in a geographic area specifically designated as
7 highly suitable for increased threshold intensity in the
8 approved local comprehensive plan and in the strategic
9 regional policy plan.
10 (e) Port facilities.--The proposed construction of any
11 waterport or marina is required to undergo
12 development-of-regional-impact review, except one designed
13 for:
14 1.a. The wet storage or mooring of fewer than 150
15 watercraft used exclusively for sport, pleasure, or commercial
16 fishing, or
17 b. The dry storage of fewer than 200 watercraft used
18 exclusively for sport, pleasure, or commercial fishing, or
19 c. The wet or dry storage or mooring of fewer than 150
20 watercraft on or adjacent to an inland freshwater lake except
21 Lake Okeechobee or any lake which has been designated an
22 Outstanding Florida Water, or
23 d. The wet or dry storage or mooring of fewer than 50
24 watercraft of 40 feet in length or less of any type or
25 purpose. The exceptions to this paragraph's requirements for
26 development-of-regional-impact review shall not apply to any
27 waterport or marina facility located within or which serves
28 physical development located within a coastal barrier resource
29 unit on an unbridged barrier island designated pursuant to 16
30 U.S.C. s. 3501.
31
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1 In addition to the foregoing, for projects for which no
2 environmental resource permit or sovereign submerged land
3 lease is required, the Department of Environmental Protection
4 must determine in writing that a proposed marina in excess of
5 10 slips or storage spaces or a combination of the two is
6 located so that it will not adversely impact Outstanding
7 Florida Waters or Class II waters and will not contribute boat
8 traffic in a manner that will have an adverse impact on an
9 area known to be, or likely to be, frequented by manatees. If
10 the Department of Environmental Protection fails to issue its
11 determination within 45 days of receipt of a formal written
12 request, it has waived its authority to make such
13 determination. The Department of Environmental Protection
14 determination shall constitute final agency action pursuant to
15 chapter 120.
16 2. The dry storage of fewer than 300 watercraft used
17 exclusively for sport, pleasure, or commercial fishing at a
18 marina constructed and in operation prior to July 1, 1985.
19 3. Any proposed marina development with both wet and
20 dry mooring or storage used exclusively for sport, pleasure,
21 or commercial fishing, where the sum of percentages of the
22 applicable wet and dry mooring or storage thresholds equals
23 100 percent. This threshold is in addition to, and does not
24 preclude, a development from being required to undergo
25 development-of-regional-impact review under sub-subparagraphs
26 1.a. and b. and subparagraph 2.
27 (i)(j) Residential development.--No rule may be
28 adopted concerning residential developments which treats a
29 residential development in one county as being located in a
30 less populated adjacent county unless more than 25 percent of
31 the development is located within 2 or less miles of the less
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1 populated adjacent county. The residential thresholds of
2 adjacent counties with less population and a lower threshold
3 shall not be controlling on any development wholly located
4 within a municipality in a rural county of economic concern.
5 (j) Workforce housing.--The applicable guidelines for
6 residential development and the residential component for
7 multiuse development shall be increased by 50 percent where
8 the developer demonstrates that at least 15 percent of the
9 total residential dwelling units authorized within the
10 development of regional impact will be dedicated to affordable
11 workforce housing, subject to a recorded land use restriction,
12 which includes resale provisions and provisions for the
13 workforce housing to be commenced prior to the completion of
14 50 percent of the market rate dwelling. For purposes of this
15 paragraph, the term "affordable workforce housing" means
16 housing that is affordable to a person who earns less than 120
17 percent of the area median income, or less than 140 percent of
18 the area median income if located in a county in which the
19 median purchase price for a single-family existing home
20 exceeds the statewide median purchase price of a single-family
21 existing home. For the purposes of this paragraph, the term
22 "statewide median purchase price of a single-family existing
23 home" means the statewide purchase price as determined in the
24 Florida Sales Report, Single-Family Existing Homes, released
25 each January by the Florida Association of Realtors and the
26 University of Florida Real Estate Research Center.
27 Section 8. Section 380.07, Florida Statutes, is
28 amended to read:
29 380.07 Florida Land and Water Adjudicatory
30 Commission.--
31 (1) There is hereby created the Florida Land and Water
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1 Adjudicatory Commission, which shall consist of the
2 Administration Commission. The commission may adopt rules
3 necessary to ensure compliance with the area of critical state
4 concern program and the requirements for developments of
5 regional impact as set forth in this chapter.
6 (2) Whenever any local government issues any
7 development order in any area of critical state concern, or in
8 regard to any development of regional impact, copies of such
9 orders as prescribed by rule by the state land planning agency
10 shall be transmitted to the state land planning agency, the
11 regional planning agency, and the owner or developer of the
12 property affected by such order. The state land planning
13 agency shall adopt rules describing development order
14 rendition and effectiveness in designated areas of critical
15 state concern. Within 45 days after the order is rendered, the
16 owner, the developer, or the state land planning agency may
17 appeal the order to the Florida Land and Water Adjudicatory
18 Commission by filing a petition alleging that the development
19 order is not consistent with the provisions of this part
20 notice of appeal with the commission. The appropriate regional
21 planning agency by vote at a regularly scheduled meeting may
22 recommend that the state land planning agency undertake an
23 appeal of a development-of-regional-impact development order.
24 Upon the request of an appropriate regional planning council,
25 affected local government, or any citizen, the state land
26 planning agency shall consider whether to appeal the order and
27 shall respond to the request within the 45-day appeal period.
28 Any appeal taken by a regional planning agency between March
29 1, 1993, and the effective date of this section may only be
30 continued if the state land planning agency has also filed an
31 appeal. Any appeal initiated by a regional planning agency on
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1 or before March 1, 1993, shall continue until completion of
2 the appeal process and any subsequent appellate review, as if
3 the regional planning agency were authorized to initiate the
4 appeal.
5 (3) Notwithstanding any other provision of law, an
6 appeal of a development order by the state land planning
7 agency under this section may include consistency of the
8 development order with the local comprehensive plan. However,
9 if a development order relating to a development of regional
10 impact has been challenged in a proceeding under s. 163.3215
11 and a party to the proceeding serves notice to the state land
12 planning agency of the pending proceeding under s. 163.3215,
13 the state land planning agency shall:
14 (a) Raise its consistency issues by intervening as a
15 full party in the pending proceeding under s. 163.3215 within
16 30 days after service of the notice; and
17 (b) Dismiss the consistency issues from the
18 development order appeal.
19 (4) The appellant shall furnish a copy of the petition
20 to the opposing party, as the case may be, and to the local
21 government that issued the order. The filing of the petition
22 stays the effectiveness of the order until after the
23 completion of the appeal process.
24 (5)(3) The 45-day appeal period for a development of
25 regional impact within the jurisdiction of more than one local
26 government shall not commence until after all the local
27 governments having jurisdiction over the proposed development
28 of regional impact have rendered their development orders. The
29 appellant shall furnish a copy of the notice of appeal to the
30 opposing party, as the case may be, and to the local
31 government which issued the order. The filing of the notice of
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1 appeal shall stay the effectiveness of the order until after
2 the completion of the appeal process.
3 (6)(4) Prior to issuing an order, the Florida Land and
4 Water Adjudicatory Commission shall hold a hearing pursuant to
5 the provisions of chapter 120. The commission shall encourage
6 the submission of appeals on the record made below in cases in
7 which the development order was issued after a full and
8 complete hearing before the local government or an agency
9 thereof.
10 (7)(5) The Florida Land and Water Adjudicatory
11 Commission shall issue a decision granting or denying
12 permission to develop pursuant to the standards of this
13 chapter and may attach conditions and restrictions to its
14 decisions.
15 (8)(6) If an appeal is filed with respect to any
16 issues within the scope of a permitting program authorized by
17 chapter 161, chapter 373, or chapter 403 and for which a
18 permit or conceptual review approval has been obtained prior
19 to the issuance of a development order, any such issue shall
20 be specifically identified in the notice of appeal which is
21 filed pursuant to this section, together with other issues
22 which constitute grounds for the appeal. The appeal may
23 proceed with respect to issues within the scope of permitting
24 programs for which a permit or conceptual review approval has
25 been obtained prior to the issuance of a development order
26 only after the commission determines by majority vote at a
27 regularly scheduled commission meeting that statewide or
28 regional interests may be adversely affected by the
29 development. In making this determination, there shall be a
30 rebuttable presumption that statewide and regional interests
31 relating to issues within the scope of the permitting programs
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1 for which a permit or conceptual approval has been obtained
2 are not adversely affected.
3 Section 9. Section 380.115, Florida Statutes, is
4 amended to read:
5 380.115 Vested rights and duties; effect of size
6 reduction, changes in guidelines and standards chs. 2002-20
7 and 2002-296.--
8 (1) A change in a development-of-regional-impact
9 guideline and standard does not abridge Nothing contained in
10 this act abridges or modify modifies any vested or other right
11 or any duty or obligation pursuant to any development order or
12 agreement that is applicable to a development of regional
13 impact on the effective date of this act. A development that
14 has received a development-of-regional-impact development
15 order pursuant to s. 380.06, but is no longer required to
16 undergo development-of-regional-impact review by operation of
17 a change in the guidelines and standards or has reduced its
18 size below the thresholds in s. 380.0651 of this act, shall be
19 governed by the following procedures:
20 (a) The development shall continue to be governed by
21 the development-of-regional-impact development order and may
22 be completed in reliance upon and pursuant to the development
23 order unless the developer or landowner has followed the
24 procedures for rescission in paragraph (b). Any proposed
25 changes to those developments which continue to be governed by
26 a development order shall be approved pursuant to s.
27 380.06(19) as it existed prior to a change in the
28 development-of-regional-impact guidelines and standards except
29 that all percentage criteria shall be doubled and all other
30 criteria shall be increased by 10 percent. The
31 development-of-regional-impact development order may be
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1 enforced by the local government as provided by ss. 380.06(17)
2 and 380.11.
3 (b) If requested by the developer or landowner, the
4 development-of-regional-impact development order shall may be
5 rescinded by the local government having jurisdiction upon a
6 showing that all required mitigation related to the amount of
7 development that existed on the date of rescission has been
8 completed abandoned pursuant to the process in s. 380.06(26).
9 (2) A development with an application for development
10 approval pending, and determined sufficient pursuant to s.
11 380.06 s. 380.06(10), on the effective date of a change to the
12 guidelines and standards this act, or a notification of
13 proposed change pending on the effective date of a change to
14 the guidelines and standards this act, may elect to continue
15 such review pursuant to s. 380.06. At the conclusion of the
16 pending review, including any appeals pursuant to s. 380.07,
17 the resulting development order shall be governed by the
18 provisions of subsection (1).
19 (3) A landowner that has filed an application for a
20 development-of-regional-impact review prior to the adoption of
21 an optional sector plan pursuant to s. 163.3245 may elect to
22 have the application reviewed pursuant to s. 380.06,
23 comprehensive plan provisions in force prior to adoption of
24 the sector plan, and any requested comprehensive plan
25 amendments that accompany the application.
26 Section 10. Paragraph (i) of subsection (2) of section
27 403.813, Florida Statutes, is amended to read:
28 403.813 Permits issued at district centers;
29 exceptions.--
30 (2) A permit is not required under this chapter,
31 chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
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1 or chapter 25270, 1949, Laws of Florida, for activities
2 associated with the following types of projects; however,
3 except as otherwise provided in this subsection, nothing in
4 this subsection relieves an applicant from any requirement to
5 obtain permission to use or occupy lands owned by the Board of
6 Trustees of the Internal Improvement Trust Fund or any water
7 management district in its governmental or proprietary
8 capacity or from complying with applicable local pollution
9 control programs authorized under this chapter or other
10 requirements of county and municipal governments:
11 (i) The construction of private docks of 1,000 square
12 feet or less of over-water surface area and seawalls in
13 artificially created waterways where such construction will
14 not violate existing water quality standards, impede
15 navigation, or affect flood control. This exemption does not
16 apply to the construction of vertical seawalls in estuaries or
17 lagoons unless the proposed construction is within an existing
18 manmade canal where the shoreline is currently occupied in
19 whole or part by vertical seawalls.
20 Section 11. This act shall take effect July 1, 2006.
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22
23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 Delete everything before the enacting clause
26
27 and insert:
28 A bill to be entitled
29 An act relating to growth management; amending
30 s. 163.3177, F.S.; encouraging local
31 governments to adopt boating facility siting
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1 plans or policies; providing criteria and
2 exemptions for such plans and policies;
3 authorizing assistance for the development of
4 such plans and policies; amending s. 163.3180,
5 F.S.; conforming a cross-reference; amending s.
6 197.303, F.S.; revising the criteria for ad
7 valorem tax deferral for working waterfront
8 properties; including public lodging
9 establishments in the description of working
10 waterfront properties; amending s. 342.07,
11 F.S.; adding recreational activities as an
12 important state interest; including public
13 lodging establishments within the definition of
14 the term "recreational and commercial working
15 waterfront"; creating s. 373.4132, F.S.;
16 directing water management district governing
17 boards and the Department of Environmental
18 Protection to require permits for certain
19 activities relating to certain dry storage
20 facilities; providing criteria for application
21 of such permits; preserving regulatory
22 authority for the department and governing
23 boards; amending s. 380.06, F.S.; providing for
24 the state land planning agency to determine the
25 amount of development that remains to be built
26 in certain circumstances; specifying certain
27 requirements for a development order; revising
28 the circumstances in which a local government
29 may issue permits for development subsequent to
30 the buildout date; revising the definition of
31 an essentially built-out development; revising
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1 the criteria under which a proposed change
2 constitutes a substantial deviation; providing
3 criteria for calculating certain deviations;
4 clarifying the criteria under which the
5 extension of a buildout date is presumed to
6 create a substantial deviation; requiring that
7 notice of any change to certain set-aside areas
8 be submitted to the local government; requiring
9 that notice of certain changes be given to the
10 state land planning agency, regional planning
11 agency, and local government; revising the
12 statutory exemptions from
13 development-of-regional-impact review for
14 certain facilities; removing waterport and
15 marina developments from
16 development-of-regional-impact review;
17 providing statutory exemptions and partial
18 statutory exemptions for the development of
19 certain facilities; providing that the impacts
20 from an exempt use that will be part of a
21 larger project be included in the
22 development-of-regional-impact review of the
23 larger project; providing that vesting
24 provisions relating to authorized developments
25 of regional impact are not applicable to
26 certain projects; amending s. 380.0651, F.S.;
27 revising the statewide guidelines and standards
28 for development-of-regional-impact review of
29 office developments; deleting such guidelines
30 and standards for port facilities; revising
31 such guidelines and standards for residential
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1 developments; providing such guidelines and
2 standards for workforce housing; amending s.
3 380.07, F.S.; revising the appellate procedures
4 for development orders within a development of
5 regional impact to the Florida Land and Water
6 Adjudicatory Commission; amending s. 380.115,
7 F.S.; providing that a change in a
8 development-of-regional-impact guideline and
9 standard does not abridge or modify any vested
10 right or duty under a development order;
11 providing a process for the rescission of a
12 development order by the local government in
13 certain circumstances; providing an exemption
14 for certain applications for development
15 approval and notices of proposed changes;
16 amending s. 403.813, F.S.; revising permitting
17 exceptions for the construction of private
18 docks in certain waterways; providing an
19 effective date.
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