Senate Bill sb1020c1

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    Florida Senate - 2006                           CS for SB 1020

    By the Committee on Community Affairs; and Senator Bennett





    578-1791-06

  1                      A bill to be entitled

  2         An act relating to growth management; amending

  3         s. 380.06, F.S.; providing for the state land

  4         planning agency to determine the amount of

  5         development that remains to be built in certain

  6         circumstances; specifying certain requirements

  7         for a development order; revising the

  8         circumstances in which a local government may

  9         issue permits for development subsequent to the

10         buildout date; revising the definition of an

11         essentially built-out development; revising the

12         criteria under which a proposed change

13         constitutes a substantial deviation; clarifying

14         the criteria under which the extension of a

15         buildout date is presumed to create a

16         substantial deviation; requiring notice of any

17         change to certain set-aside areas be submitted

18         to the local government; requiring that notice

19         of certain changes be given to the state land

20         planning agency, regional planning agency, and

21         local government; requiring 45 days' notice to

22         specified entities and publication of a public

23         notice for certain proposed changes; requiring

24         that a memorandum of notice of certain changes

25         be filed with the clerk of court; revising the

26         requirement for further

27         development-of-regional-impact review of a

28         proposed change; requiring the state land

29         planning agency to initiate rulemaking to

30         revise the development-of-regional-impact

31         application of development approval form;

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 1         revising the statutory exemptions from

 2         development-of-regional-impact review for

 3         certain facilities; providing statutory

 4         exemptions for the development of certain

 5         facilities; providing that the impacts from an

 6         exempt use that will be part of a larger

 7         project be included in the

 8         development-of-regional-impact review of the

 9         larger project; amending s. 380.0651, F.S.;

10         revising the statewide guidelines and standards

11         for development-of-regional-impact review of

12         certain types of developments; amending s.

13         380.07, F.S.; authorizing the state land

14         planning agency to raise the issue of

15         consistency with a local comprehensive plan as

16         part of an appeal of a

17         development-of-regional-impact development

18         order to the Florida Land and Water

19         Adjudicatory Commission; requiring the state

20         land planning agency to raise its consistency

21         issues as an intervening party in a proceeding

22         under s. 163.3215, F.S., and dismiss the

23         agency's consistency issues from an appeal to

24         the Florida Land and Water Adjudicatory

25         Commission in certain circumstances; amending

26         s. 380.115, F.S.; providing that a change in a

27         development-of-regional-impact guideline and

28         standard does not abridge or modify any vested

29         right or duty under a development order;

30         providing a process for the rescission of a

31         development order by the local government in

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    Florida Senate - 2006                           CS for SB 1020
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 1         certain circumstances; providing an exemption

 2         for certain applications for development

 3         approval and notices of proposed changes;

 4         amending s. 342.07, F.S.; adding recreational

 5         activities as an important state interest;

 6         including public lodging establishments within

 7         the definition of the term "recreational and

 8         commercial working waterfront"; amending s.

 9         380.06, F.S.; prohibiting a local government

10         from requiring transportation facilities to be

11         in place within a shorter timeframe than

12         otherwise required; prohibiting a local

13         government from approving a rezoning except by

14         a majority vote; creating s. 380.0652, F.S.;

15         authorizing certain amendments to a

16         comprehensive plan for purposes of creating a

17         new town in a rural county; providing

18         requirements for such amendments; specifying

19         siting and design criteria; providing

20         additional policy requirements; prohibiting the

21         state land planning agency from finding an

22         amendment to the comprehensive plan not in

23         compliance on the basis of need or urban sprawl

24         if such requirements are met; prohibiting the

25         sale or exclusive control of the real property

26         or operations of any port in this state to an

27         entity controlled by a foreign government or a

28         foreign business entity without the express

29         consent of the Legislature; providing for

30         severability; providing an effective date.

31  

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    Florida Senate - 2006                           CS for SB 1020
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 1  Be It Enacted by the Legislature of the State of Florida:

 2  

 3         Section 1.  Paragraphs (a) and (i) of subsection (4),

 4  paragraphs (c), (d), (e), and (g) of subsection (15),

 5  paragraphs (a), (b), (c), (e), (f), and (g) of subsection

 6  (19), and subsection (24) of section 380.06, Florida Statutes,

 7  are amended, and subsection (28) is added to that section, to

 8  read:

 9         380.06  Developments of regional impact.--

10         (4)  BINDING LETTER.--

11         (a)  If any developer is in doubt whether his or her

12  proposed development must undergo

13  development-of-regional-impact review under the guidelines and

14  standards, whether his or her rights have vested pursuant to

15  subsection (20), or whether a proposed substantial change to a

16  development of regional impact concerning which rights had

17  previously vested pursuant to subsection (20) would divest

18  such rights, the developer may request a determination from

19  the state land planning agency. The developer or the

20  appropriate local government having jurisdiction may request

21  that the state land planning agency determine whether the

22  amount of development that remains to be built in an approved

23  development of regional impact meets the criteria of (15)(g)3.

24         (i)  In response to an inquiry from a developer or the

25  appropriate local government having jurisdiction, the state

26  land planning agency may issue an informal determination in

27  the form of a clearance letter as to whether a development is

28  required to undergo development-of-regional-impact review, or

29  whether the amount of development that remains to be built in

30  an approved development of regional impact meets the criteria

31  of (15)(g)3. A clearance letter may be based solely on the

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 1  information provided by the developer, and the state land

 2  planning agency is not required to conduct an investigation of

 3  that information. If any material information provided by the

 4  developer is incomplete or inaccurate, the clearance letter is

 5  not binding upon the state land planning agency. A clearance

 6  letter does not constitute final agency action.

 7         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

 8         (c)  The development order shall include findings of

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

10  and (14). The development order:

11         1.  Shall specify the monitoring procedures and the

12  local official responsible for assuring compliance by the

13  developer with the development order.

14         2.  Shall establish compliance dates for the

15  development order, including a deadline for commencing

16  physical development and for compliance with conditions of

17  approval or phasing requirements, and shall include a buildout

18  termination date that reasonably reflects the time anticipated

19  required to complete the development.

20         3.  Shall establish a date until which the local

21  government agrees that the approved development of regional

22  impact shall not be subject to downzoning, unit density

23  reduction, or intensity reduction, unless the local government

24  can demonstrate that substantial changes in the conditions

25  underlying the approval of the development order have occurred

26  or the development order was based on substantially inaccurate

27  information provided by the developer or that the change is

28  clearly established by local government to be essential to the

29  public health, safety, or welfare. The date established

30  pursuant to this subparagraph shall be no sooner than the

31  buildout date of the project.

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 1         4.  Shall specify the requirements for the biennial

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

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

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

 5  state land planning agency.  Such rules shall specify the

 6  scope of any additional local requirements that may be

 7  necessary for the report.

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

 9  which shall require submission for a substantial deviation

10  determination or a notice of proposed change under subsection

11  (19).

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

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

14  developer to contribute land for a public facility or

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

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

17  meet the following criteria:

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

19  present system of public facilities must be reasonably

20  attributable to the proposed development.

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

22  facilities required from the developer shall be comparable to

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

24  or the local government would reasonably expect to expend or

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

26  mitigate the impacts reasonably attributable to the proposed

27  development.

28         3.  Any funds or lands contributed must be expressly

29  designated and used to mitigate impacts reasonably

30  attributable to the proposed development.

31  

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

 2  nongovernmental developer as a condition of a development

 3  order to mitigate the impacts reasonably attributable to the

 4  proposed development is not subject to competitive bidding or

 5  competitive negotiation for selection of a contractor or

 6  design professional for any part of the construction or design

 7  unless required by the local government that issues the

 8  development order.

 9         (e)1.  Effective July 1, 1986, A local government shall

10  not include, as a development order condition for a

11  development of regional impact, any requirement that a

12  developer contribute or pay for land acquisition or

13  construction or expansion of public facilities or portions

14  thereof unless the local government has enacted a local

15  ordinance which requires other development not subject to this

16  section to contribute its proportionate share of the funds,

17  land, or public facilities necessary to accommodate any

18  impacts having a rational nexus to the proposed development,

19  and the need to construct new facilities or add to the present

20  system of public facilities must be reasonably attributable to

21  the proposed development.

22         2.  A local government shall not approve a development

23  of regional impact that does not make adequate provision for

24  the public facilities needed to accommodate the impacts of the

25  proposed development unless the local government includes in

26  the development order a commitment by the local government to

27  provide these facilities consistently with the development

28  schedule approved in the development order; however, a local

29  government's failure to meet the requirements of subparagraph

30  1. and this subparagraph shall not preclude the issuance of a

31  development order where adequate provision is made by the

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 1  developer for the public facilities needed to accommodate the

 2  impacts of the proposed development.  Any funds or lands

 3  contributed by a developer must be expressly designated and

 4  used to accommodate impacts reasonably attributable to the

 5  proposed development.

 6         3.  The Department of Community Affairs and other state

 7  and regional agencies involved in the administration and

 8  implementation of this act shall cooperate and work with units

 9  of local government in preparing and adopting local impact fee

10  and other contribution ordinances.

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

12  development subsequent to the buildout termination date or

13  expiration date contained in the development order unless:

14         1.  The proposed development has been evaluated

15  cumulatively with existing development under the substantial

16  deviation provisions of subsection (19) subsequent to the

17  termination or expiration date;

18         2.  The proposed development is consistent with an

19  abandonment of development order that has been issued in

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

21         3.  The development of regional impact is essentially

22  built out, in that all the mitigation requirements in the

23  development order have been satisfied, all developers are in

24  compliance with all applicable terms and conditions of the

25  development order except the buildout date, and the amount of

26  proposed development that remains to be built is less than 20

27  percent of any applicable development-of-regional-impact

28  threshold; or

29         4.3.  The project has been determined to be an

30  essentially built-out development of regional impact through

31  an agreement executed by the developer, the state land

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    Florida Senate - 2006                           CS for SB 1020
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 1  planning agency, and the local government, in accordance with

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

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

 4  is determined to be essentially built out built-out,

 5  development may proceed pursuant to the s. 380.032 agreement

 6  after the termination or expiration date contained in the

 7  development order without further

 8  development-of-regional-impact review subject to the local

 9  government comprehensive plan and land development regulations

10  or subject to a modified development-of-regional-impact

11  analysis.  As used in this paragraph, an "essentially

12  built-out" development of regional impact means:

13         a.  The developers are development is in compliance

14  with all applicable terms and conditions of the development

15  order except the buildout built-out date; and

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

17  built is less than the substantial deviation threshold

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

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

20  unbuilt land uses as a percentage of the applicable

21  substantial deviation threshold is equal to or less than 100

22  percent; or

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

24  government have agreed in writing that the amount of

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

26  additional regional impact not previously reviewed.

27  

28  In addition to the requirements of subparagraphs 3. and 4.,

29  the single-family residential portions of a development may be

30  considered "essentially built out" if all of the

31  infrastructure and horizontal development have been completed,

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 1  at least 50 percent of the dwelling units have been completed,

 2  and more than 80 percent of the lots have been conveyed to

 3  third-party individual lot owners or to individual builders

 4  who own no more than 40 lots at the time of the determination.

 5         (19)  SUBSTANTIAL DEVIATIONS.--

 6         (a)  Any proposed change to a previously approved

 7  development which creates a reasonable likelihood of

 8  additional regional impact, or any type of regional impact

 9  created by the change not previously reviewed by the regional

10  planning agency, shall constitute a substantial deviation and

11  shall cause the proposed change development to be subject to

12  further development-of-regional-impact review. There are a

13  variety of reasons why a developer may wish to propose changes

14  to an approved development of regional impact, including

15  changed market conditions.  The procedures set forth in this

16  subsection are for that purpose.

17         (b)  Any proposed change to a previously approved

18  development of regional impact or development order condition

19  which, either individually or cumulatively with other changes,

20  exceeds any of the following criteria shall constitute a

21  substantial deviation and shall cause the development to be

22  subject to further development-of-regional-impact review

23  without the necessity for a finding of same by the local

24  government:

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

26  attraction or recreational facility by 10 5 percent or 330 300

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

28  spectators that may be accommodated at such a facility by 10 5

29  percent or 1,100 1,000 spectators, whichever is greater.

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

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

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

 2  increase adds at least three additional gates.

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

 4  percent or 60 beds, whichever is greater.

 5         3.4.  An increase in industrial development area by 10

 6  5 percent or 35 32 acres, whichever is greater.

 7         4.5.  An increase in the average annual acreage mined

 8  by 10 5 percent or 11 10 acres, whichever is greater, or an

 9  increase in the average daily water consumption by a mining

10  operation by 10 5 percent or 330,000 300,000 gallons,

11  whichever is greater. An increase in the size of the mine by

12  10 5 percent or 825 750 acres, whichever is less. An increase

13  in the size of a heavy mineral mine as defined in s.

14  378.403(7) will only constitute a substantial deviation if the

15  average annual acreage mined is more than 550 500 acres and

16  consumes more than 3.3 3 million gallons of water per day.

17         5.6.  An increase in land area for office development

18  by 10 5 percent or an increase of gross floor area of office

19  development by 10 5 percent or 66,000 60,000 gross square

20  feet, whichever is greater.

21         6.  An increase of development at a marina of 10

22  percent of wet storage or for 30 watercraft slips, whichever

23  is greater, or 20 percent of wet storage or 60 watercraft

24  slips in an area identified by a local government in a boat

25  facility siting plan as an appropriate site for additional

26  marina development, whichever is greater.

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

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

29  7 million pounds, whichever is greater.

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

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

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

 2  state marina siting plan as an appropriate site for additional

 3  waterport development or a 5-percent increase in watercraft

 4  storage capacity, whichever is greater.

 5         7.9.  An increase in the number of dwelling units by 10

 6  5 percent or 55 50 dwelling units, whichever is greater.

 7         8.  An increase in the number of dwelling units by 15

 8  percent or 100 units, whichever is greater, provided that 20

 9  percent of the increase in the number of dwelling units is

10  dedicated to the construction of workforce housing. For

11  purposes of this subparagraph, the term "workforce housing"

12  means housing that is affordable to a person who earns less

13  than 120 percent of the area median income.

14         9.10.  An increase in commercial development by 55,000

15  50,000 square feet of gross floor area or of parking spaces

16  provided for customers for 330 300 cars or a 10-percent

17  5-percent increase of either of these, whichever is greater.

18         10.11.  An increase in hotel or motel rooms facility

19  units by 10 5 percent or 83 rooms 75 units, whichever is

20  greater.

21         11.12.  An increase in a recreational vehicle park area

22  by 10 5 percent or 110 100 vehicle spaces, whichever is less.

23         12.13.  A decrease in the area set aside for open space

24  of 5 percent or 20 acres, whichever is less.

25         13.14.  A proposed increase to an approved multiuse

26  development of regional impact where the sum of the increases

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

28  deviation criteria is equal to or exceeds 110 100 percent. The

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

30  be treated as an increase for purposes of determining when 110

31  100 percent has been reached or exceeded.

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 1         14.15.  A 15-percent increase in the number of external

 2  vehicle trips generated by the development above that which

 3  was projected during the original

 4  development-of-regional-impact review.

 5         15.16.  Any change which would result in development of

 6  any area which was specifically set aside in the application

 7  for development approval or in the development order for

 8  preservation or special protection of endangered or threatened

 9  plants or animals designated as endangered, threatened, or

10  species of special concern and their habitat, primary dunes,

11  or archaeological and historical sites designated as

12  significant by the Division of Historical Resources of the

13  Department of State. The further refinement of such areas by

14  survey shall be considered under sub-subparagraph (e)2.j.

15  (e)5.b.

16  

17  The substantial deviation numerical standards in subparagraphs

18  3., 5., 9., 10., and 13. 4., 6., 10., 14., excluding

19  residential uses, and in subparagraph 14. 15., are increased

20  by 100 percent for a project certified under s. 403.973 which

21  creates jobs and meets criteria established by the Office of

22  Tourism, Trade, and Economic Development as to its impact on

23  an area's economy, employment, and prevailing wage and skill

24  levels. The substantial deviation numerical standards in

25  subparagraphs 3., 5., 7., 8., 9., 10., 13., and 14. 4., 6.,

26  9., 10., 11., and 14. are increased by 50 percent for a

27  project located wholly within an urban infill and

28  redevelopment area designated on the applicable adopted local

29  comprehensive plan future land use map and not located within

30  the coastal high hazard area.

31  

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

 2  development, or any phase thereof, by more than 7 or more

 3  years shall be presumed to create a substantial deviation

 4  subject to further development-of-regional-impact review. An

 5  extension of the date of buildout, or any phase thereof, of

 6  more than 5 years or more but less than 7 years shall be

 7  presumed not to create a substantial deviation. The extension

 8  of the date of buildout of an areawide development of regional

 9  impact by more than 5 years but less than 10 years is presumed

10  not to create a substantial deviation. These presumptions may

11  be rebutted by clear and convincing evidence at the public

12  hearing held by the local government. An extension of 5 years

13  or less than 5 years is not a substantial deviation. For the

14  purpose of calculating when a buildout or, phase, or

15  termination date has been exceeded, the time shall be tolled

16  during the pendency of administrative or judicial proceedings

17  relating to development permits. Any extension of the buildout

18  date of a project or a phase thereof shall automatically

19  extend the commencement date of the project, the termination

20  date of the development order, the expiration date of the

21  development of regional impact, and the phases thereof if

22  applicable by a like period of time.

23         (e)1.  Except for a development order rendered pursuant

24  to subsection (22) or subsection (25), a proposed change to a

25  development order that individually or cumulatively with any

26  previous change is less than any numerical criterion contained

27  in subparagraphs (b)1.-15. and does not exceed any other

28  criterion, or that involves an extension of the buildout date

29  of a development, or any phase thereof, of less than 5 years

30  is not subject to the public hearing requirements of

31  subparagraph (f)3., and is not subject to a determination

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 1  pursuant to subparagraph (f)5. Notice of the proposed change

 2  shall be made to the regional planning council and the state

 3  land planning agency. Such notice shall include a description

 4  of previous individual changes made to the development,

 5  including changes previously approved by the local government,

 6  and shall include appropriate amendments to the development

 7  order.

 8         2.  The following changes, individually or cumulatively

 9  with any previous changes, are not substantial deviations:

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

11  owner, or monitoring official.

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

13  buffers, environmental protection or mitigation areas, or

14  archaeological or historical resources.

15         c.  Changes to minimum lot sizes.

16         d.  Changes in the configuration of internal roads that

17  do not affect external access points.

18         e.  Changes to the building design or orientation that

19  stay approximately within the approved area designated for

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

21  historical buildings designated as significant by the Division

22  of Historical Resources of the Department of State.

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

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

25  added.

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

27  that there are no additional regional impacts.

28         h.  Changes required to conform to permits approved by

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

30  that these changes do not create additional regional impacts.

31  

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 1         i.  Any renovation or redevelopment of development

 2  within a previously approved development of regional impact

 3  which does not change land use or increase density or

 4  intensity of use.

 5         j.  Changes that modify boundaries described in

 6  subparagraph (b)15. due to science-based refinement of such

 7  areas by survey, by habitat evaluation, by other recognized

 8  assessment methodology, or by an environmental assessment.

 9         k.j.  Any other change which the state land planning

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

11  character to the changes enumerated in sub-subparagraphs a.-j.

12  a.-i. and which does not create the likelihood of any

13  additional regional impact.

14  

15  This subsection does not require a development order amendment

16  for any change listed in sub-subparagraphs a.-k., but shall,

17  prior to implementation of those changes, require 45 days'

18  notice with the appropriate documentation to the state land

19  planning agency, the regional planning agency, and the local

20  government, and publication of a public notice that meets the

21  local government's criteria for a notice of proposed change.

22  If the state land planning agency, the regional planning

23  agency, or the local government objects within 45 days after

24  publication of the public notice, the change shall require a

25  notice of proposed change and shall be presumed not to be a

26  substantial deviation. In addition, a memorandum of the

27  notification of the changed notice shall be filed with the

28  clerk of the circuit court along with a legal description of

29  the affected development of regional impact. If a subsequent

30  change requiring a notice of proposed change is made to the

31  development of regional impact, modifications to the

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 1  development of regional impact made in all prior notices must

 2  be reflected as amendments to the development order memorandum

 3  a.-j. unless such issue is addressed either in the existing

 4  development order or in the application for development

 5  approval, but, in the case of the application, only if, and in

 6  the manner in which, the application is incorporated in the

 7  development order.

 8         3.  Except for the change authorized by

 9  sub-subparagraph 2.f., any addition of land not previously

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

11  paragraph (c) shall be presumed to create a substantial

12  deviation.  This presumption may be rebutted by clear and

13  convincing evidence.

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

15  approved development shall include a description of individual

16  changes previously made to the development, including changes

17  previously approved by the local government.  The local

18  government shall consider the previous and current proposed

19  changes in deciding whether such changes cumulatively

20  constitute a substantial deviation requiring further

21  development-of-regional-impact review.

22         5.  The following changes to an approved development of

23  regional impact shall be presumed to create a substantial

24  deviation.  Such presumption may be rebutted by clear and

25  convincing evidence.

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

27  acreage to a land use not previously approved in the

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

29  presumed not to create a substantial deviation.

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

31  (b)16., any change which would result in the development of

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 1  any area which was specifically set aside in the application

 2  for development approval or in the development order for

 3  preservation, buffers, or special protection, including

 4  habitat for plant and animal species, archaeological and

 5  historical sites, dunes, and other special areas.

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

 7  the contrary, a proposed change consisting of simultaneous

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

 9  authorized multiuse development of regional impact which was

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

11  380.0651(3)(c), (d), (f), and (g) and residential use.

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

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

14  previously approved development of regional impact which may

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

16  minimum, the standard form shall require the developer to

17  provide the precise language that the developer proposes to

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

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

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

21  land planning agency the request for approval of a proposed

22  change.

23         3.  No sooner than 30 days but no later than 45 days

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

25  state land planning agency, and the appropriate regional

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

27  notice and schedule a public hearing to consider the change

28  that the developer asserts does not create a substantial

29  deviation. This public hearing shall be held within 60 90 days

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

31  extended by the developer.

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 1         4.  The appropriate regional planning agency or the

 2  state land planning agency shall review the proposed change

 3  and, no later than 45 days after submittal by the developer of

 4  the proposed change, unless that time is extended by the

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

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

 7  government in writing whether it objects to the proposed

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

 9  and shall provide a copy to the developer.

10         5.  At the public hearing, the local government shall

11  determine whether the proposed change requires further

12  development-of-regional-impact review. The provisions of

13  paragraphs (a) and (e), the thresholds set forth in paragraph

14  (b), and the presumptions set forth in paragraphs (c) and (d)

15  and subparagraph (e)3. shall be applicable in determining

16  whether further development-of-regional-impact review is

17  required.

18         6.  If the local government determines that the

19  proposed change does not require further

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

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

22  hearing and determination pursuant to subparagraphs 3. and 5.

23  and is otherwise approved, the local government shall issue an

24  amendment to the development order incorporating the approved

25  change and conditions of approval relating to the change. The

26  decision of the local government to approve, with or without

27  conditions, or to deny the proposed change that the developer

28  asserts does not require further review shall be subject to

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

30  planning agency may not appeal the local government decision

31  if it did not comply with subparagraph 4.  The state land

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

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

 3  developments of regional impact approved after January 1,

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

 5  to a regionally significant archaeological, historical, or

 6  natural resource not previously identified in the original

 7  development-of-regional-impact review.

 8         (g)  If a proposed change requires further

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

10  section, the review shall be conducted subject to the

11  following additional conditions:

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

13  by the appropriate regional planning agency shall address only

14  those issues raised by the proposed change except as provided

15  in subparagraph 2.

16         2.  The regional planning agency shall consider, and

17  the local government shall determine whether to approve,

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

19  relates to the entire development.  If the local government

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

21  entire development, is unacceptable, the local government

22  shall deny the change.

23         3.  If the local government determines that the

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

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

26  development order issued by the local government shall address

27  only those issues raised by the proposed change and require

28  mitigation only for the individual and cumulative impacts of

29  the proposed change.

30         4.  Development within the previously approved

31  development of regional impact may continue, as approved,

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

 2  portions of the development which are not directly affected by

 3  the proposed change.

 4         (24)  STATUTORY EXEMPTIONS.--

 5         (a)  Any proposed hospital which has a designed

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

 7  provisions of this section.

 8         (b)  Any proposed electrical transmission line or

 9  electrical power plant is exempt from the provisions of this

10  section, except any steam or solar electrical generating

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

12  development of regional impact.

13         (c)  Any proposed addition to an existing sports

14  facility complex is exempt from the provisions of this section

15  if the addition meets the following characteristics:

16         1.  It would not operate concurrently with the

17  scheduled hours of operation of the existing facility.

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

19  percent of the capacity of the existing facility.

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

21  public body prior to July 1, 1983.

22  

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

24         (d)  Any proposed addition or cumulative additions

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

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

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

28  the capacity of the existing facility.

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

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

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

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 1  provisions of this section if future additions do not expand

 2  existing permanent seating or parking capacity more than 15

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

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

 5  existing sports facility having a permanent seating capacity

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

 7  this section, provided that such an increase does not increase

 8  permanent seating capacity by more than 5 percent per year and

 9  not to exceed a total of 10 percent in any 5-year period, and

10  provided that the sports facility notifies the appropriate

11  local government within which the facility is located of the

12  increase at least 6 months prior to the initial use of the

13  increased seating, in order to permit the appropriate local

14  government to develop a traffic management plan for the

15  traffic generated by the increase.  Any traffic management

16  plan shall be consistent with the local comprehensive plan,

17  the regional policy plan, and the state comprehensive plan.

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

19  additional improved parking facilities of an existing sports

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

21  following conditions exist:

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

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

24  seats;

25         b.  The sum of such expansions in permanent seating

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

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

28  for any such expansions; or

29         c.  The increase in additional improved parking

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

31  parking spaces serving the sports facility; and

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 1         2.  The local government having jurisdiction of the

 2  sports facility includes in the development order or

 3  development permit approving such expansion under this

 4  paragraph a finding of fact that the proposed expansion is

 5  consistent with the transportation, water, sewer and

 6  stormwater drainage provisions of the approved local

 7  comprehensive plan and local land development regulations

 8  relating to those provisions.

 9  

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

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

12  government application for a development permit.  Within 45

13  days of receipt of the application, the department shall

14  render to the local government an advisory and nonbinding

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

16  opinion, the prescribed conditions exist for an exemption

17  under this paragraph.  The local government shall render the

18  development order approving each such expansion to the

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

20  the local government development order pursuant to s. 380.07,

21  within 45 days after the order is rendered.  The scope of

22  review shall be limited to the determination of whether the

23  conditions prescribed in this paragraph exist.  If any sports

24  facility expansion undergoes development of regional impact

25  review, all previous expansions which were exempt under this

26  paragraph shall be included in the development of regional

27  impact review.

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

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

30  related inwater harbor facilities of ports listed in s.

31  403.021(9)(b), port transportation facilities and projects

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

 2  facilities identified pursuant to s. 311.09(3) are exempt from

 3  the provisions of this section when such expansions, projects,

 4  or facilities are consistent with comprehensive master plans

 5  that are in compliance with the provisions of s. 163.3178.

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

 7  petroleum product or any expansion of an existing facility is

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

 9  consistent with a local comprehensive plan that is in

10  compliance with s. 163.3177 or is consistent with a

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

12  163.3178.

13         (j)  Any renovation or redevelopment within the same

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

15  or intensity of use.

16         (k)1.  Any waterport or marina development is exempt

17  from the provisions of this section if the relevant county or

18  municipality has adopted a boating facility siting plan or

19  policy, which includes applicable criteria, considering such

20  factors as natural resources, manatee protection needs, and

21  recreation and economic demands as generally outlined in the

22  Bureau of Protected Species Management Boat Facility Siting

23  Guide, dated August 2000, into the coastal management or land

24  use element of its comprehensive plan. The adoption of boating

25  facility siting plans or policies into the comprehensive plan

26  is exempt from the provisions of s. 163.3187(1). Any waterport

27  or marina development within the municipalities or counties

28  with boating facility siting plans or policies that meet the

29  above criteria, adopted prior to April 1, 2002, are exempt

30  from the provisions of this section, when their boating

31  

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 1  facility siting plan or policy is adopted as part of the

 2  relevant local government's comprehensive plan.

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

 4  The Department of Community Affairs, in conjunction with the

 5  Department of Environmental Protection and the Florida Fish

 6  and Wildlife Conservation Commission, shall provide technical

 7  assistance and guidelines, including model plans, policies and

 8  criteria to local governments for the development of their

 9  siting plans.

10         (l)  Any proposed development within an urban service

11  boundary established under s. 163.3177(14) is exempt from the

12  provisions of this section if the local government having

13  jurisdiction over the area where the development is proposed

14  has adopted the urban service boundary, and has entered into a

15  binding agreement with adjacent jurisdictions that would be

16  impacted and with the Department of Transportation regarding

17  the mitigation of impacts on state and regional transportation

18  facilities, and has adopted a proportionate share methodology

19  pursuant to s. 163.3180(16).

20         (m)  Any proposed development within a rural land

21  stewardship area created under s. 163.3177(11)(d) is exempt

22  from the provisions of this section if the local government

23  that has adopted the rural land stewardship area has entered

24  into a binding agreement with jurisdictions that would be

25  impacted and the Department of Transportation regarding the

26  mitigation of impacts on state and regional transportation

27  facilities, and has adopted a proportionate share methodology

28  pursuant to s. 163.3180(16).

29         (n)  Any proposed development or redevelopment within

30  an area designated as an urban infill and redevelopment area

31  under s. 163.2517 is exempt from the provisions of this

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 1  section if the local government has entered into a binding

 2  agreement with jurisdictions that would be impacted and the

 3  Department of Transportation regarding the mitigation of

 4  impacts on state and regional transportation facilities, and

 5  has adopted a proportionate share methodology pursuant to s.

 6  163.3180(16).

 7         (o)  The establishment, relocation, or expansion of any

 8  military installation as defined in s. 163.3175, is exempt

 9  from this section.

10         (p)  Any self-storage warehousing that does not allow

11  retail or other services is exempt from this section.

12         (q)  Any proposed nursing home or assisted living

13  facility is exempt from this section.

14         (r)  Any development identified in an airport master

15  plan and adopted into the comprehensive plan pursuant to s.

16  163.3177(6)(k) is exempt from this section.

17         (s)  Any development identified in a campus master plan

18  and adopted pursuant to s. 1013.30 is exempt from this

19  section.

20         (t)  Any development in a specific area plan which is

21  prepared pursuant to s. 163.3245 and adopted into the

22  comprehensive plan is exempt from this section.

23  

24  If a use is exempt from review as a development of regional

25  impact under paragraphs (a)-(t) but will be part of a larger

26  project that is subject to review as a development of regional

27  impact, the impact of the exempt use must be included in the

28  review of the larger project.

29         (28)  PARTIAL STATUTORY EXEMPTIONS.--

30         (a)  If the binding agreement referenced under

31  paragraph (24)(l) for urban service boundaries is not entered

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 1  into within 12 months after establishment of the urban service

 2  boundary, the development-of-regional-impact review for

 3  projects within the urban service boundary must address

 4  transportation impacts only.

 5         (b)  If the binding agreement referenced under

 6  paragraph (24)(n) for designated urban infill and

 7  redevelopment areas is not entered into within 12 months after

 8  the designation of the area or July 1, 2007, whichever occurs

 9  later, the development-of-regional-impact review for projects

10  within the urban infill and redevelopment area must address

11  transportation impacts only.

12         (c)  A local government that does not wish to enter

13  into a binding agreement or that is unable to agree on the

14  terms of the agreement referenced under paragraph (24)(l) or

15  paragraph (24)(n) shall provide written notification to the

16  state land planning agency of the failure to enter into a

17  binding agreement within the 12-month period referenced in

18  paragraphs (a) and (b). Following the notification of the

19  state land planning agency, the development-of-regional-impact

20  review for projects within the urban service boundary under

21  paragraph (24)(l) or for an urban infill and redevelopment

22  area under paragraph (24)(n) must address transportation

23  impacts only.

24         Section 2.  Paragraphs (d), (e), and (k) of subsection

25  (3) and paragraph (c) of subsection (4) of section 380.0651,

26  Florida Statutes, are amended to read:

27         380.0651  Statewide guidelines and standards.--

28         (3)  The following statewide guidelines and standards

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

30  determine whether the following developments shall be required

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

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 1         (d)  Office development.--Any proposed office building

 2  or park operated under common ownership, development plan, or

 3  management that:

 4         1.  Encompasses 300,000 or more square feet of gross

 5  floor area; or

 6         2.  Encompasses more than 600,000 square feet of gross

 7  floor area in a county with a population greater than 500,000

 8  and only in a geographic area specifically designated as

 9  highly suitable for increased threshold intensity in the

10  approved local comprehensive plan and in the strategic

11  regional policy plan.

12         (e)  Marinas and port facilities.--The proposed

13  construction of any waterport or marina is required to undergo

14  development-of-regional-impact review if it is, except one

15  designed for:

16         1.a.  The wet storage or mooring of more fewer than 150

17  watercraft used exclusively for sport, pleasure, or commercial

18  fishing;, or

19         b.  The dry storage of fewer than 200 watercraft used

20  exclusively for sport, pleasure, or commercial fishing, or

21         b.c.  The wet or dry storage or mooring of more fewer

22  than 150 watercraft on or adjacent to an inland freshwater

23  lake except Lake Okeechobee or any lake that which has been

24  designated an Outstanding Florida Water., or

25         d.  The wet or dry storage or mooring of fewer than 50

26  watercraft of 40 feet in length or less of any type or

27  purpose.

28  

29  The numeric thresholds contained in this subparagraph shall be

30  doubled for proposed marina developers who enter into a

31  binding commitment with the local government to set aside at

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 1  least 15 percent of the wet storage or moorings for public use

 2  or rental.

 3         2.  The subthreshold exceptions to this paragraph's

 4  requirements for development-of-regional-impact review do

 5  shall not apply to any waterport or marina facility located

 6  within or which serves physical development located within a

 7  coastal barrier resource unit on an unbridged barrier island

 8  designated pursuant to 16 U.S.C. s. 3501.

 9  

10  In addition to the foregoing, for projects for which no

11  environmental resource permit or sovereign submerged land

12  lease is required, the Department of Environmental Protection

13  must determine in writing that a proposed marina in excess of

14  75 10 slips or storage spaces or a combination of the two is

15  located so that it will not adversely impact Outstanding

16  Florida Waters or Class II waters and will not contribute boat

17  traffic in a manner that will have an adverse impact on an

18  area known to be, or likely to be, frequented by manatees. If

19  the Department of Environmental Protection fails to issue its

20  determination within 45 days after of receipt of a formal

21  written request, it has waived its authority to make such

22  determination. The Department of Environmental Protection

23  determination shall constitute final agency action pursuant to

24  chapter 120.

25         2.  The dry storage of fewer than 300 watercraft used

26  exclusively for sport, pleasure, or commercial fishing at a

27  marina constructed and in operation prior to July 1, 1985.

28         3.  Any proposed marina development with both wet and

29  dry mooring or storage used exclusively for sport, pleasure,

30  or commercial fishing, where the sum of percentages of the

31  applicable wet and dry mooring or storage thresholds equals

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 1  100 percent. This threshold is in addition to, and does not

 2  preclude, a development from being required to undergo

 3  development-of-regional-impact review under sub-subparagraphs

 4  1.a. and b. and subparagraph 2.

 5         (k)  Residential development.--The applicable

 6  guidelines for residential development and the residential

 7  component for multiuse development shall be increased by 20

 8  percent where the developer demonstrates that at least 15

 9  percent of the residential dwelling units will be dedicated to

10  workforce housing. For purposes of this subparagraph, the term

11  "workforce housing" means housing that is affordable to a

12  person who earns less than 120 percent of the area median

13  income.

14         (l)(k)  Schools.--

15         1.  The proposed construction of any public, private,

16  or proprietary postsecondary educational campus which provides

17  for a design population of more than 5,000 full-time

18  equivalent students, or the proposed physical expansion of any

19  public, private, or proprietary postsecondary educational

20  campus having such a design population that would increase the

21  population by at least 20 percent of the design population.

22         2.  As used in this paragraph, "full-time equivalent

23  student" means enrollment for 15 or more quarter hours during

24  a single academic semester. In career centers or other

25  institutions which do not employ semester hours or quarter

26  hours in accounting for student participation, enrollment for

27  18 contact hours shall be considered equivalent to one quarter

28  hour, and enrollment for 27 contact hours shall be considered

29  equivalent to one semester hour.

30  

31  

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 1         3.  This paragraph does not apply to institutions which

 2  are the subject of a campus master plan adopted by the

 3  university board of trustees pursuant to s. 1013.30.

 4         (4)  Two or more developments, represented by their

 5  owners or developers to be separate developments, shall be

 6  aggregated and treated as a single development under this

 7  chapter when they are determined to be part of a unified plan

 8  of development and are physically proximate to one other.

 9         (c)  Aggregation is not applicable when the following

10  circumstances and provisions of this chapter are applicable:

11         1.  Developments which are otherwise subject to

12  aggregation with a development of regional impact which has

13  received approval through the issuance of a final development

14  order shall not be aggregated with the approved development of

15  regional impact.  However, nothing contained in this

16  subparagraph shall preclude the state land planning agency

17  from evaluating an allegedly separate development as a

18  substantial deviation pursuant to s. 380.06(19) or as an

19  independent development of regional impact.

20         2.  Two or more developments, each of which is

21  independently a development of regional impact that has or

22  will obtain a development order pursuant to s. 380.06.

23         3.  Completion of any development that has been vested

24  pursuant to s. 380.05 or s. 380.06, including vested rights

25  arising out of agreements entered into with the state land

26  planning agency for purposes of resolving vested rights

27  issues. Development-of-regional-impact review of additions to

28  vested developments of regional impact shall not include

29  review of the impacts resulting from the vested portions of

30  the development.

31  

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 1         4.  The developments sought to be aggregated were

 2  authorized to commence development prior to September 1, 1988,

 3  and could not have been required to be aggregated under the

 4  law existing prior to that date.

 5         Section 3.  Section 380.07, Florida Statutes, is

 6  amended to read:

 7         380.07  Florida Land and Water Adjudicatory

 8  Commission.--

 9         (1)  There is hereby created the Florida Land and Water

10  Adjudicatory Commission, which shall consist of the

11  Administration Commission. The commission may adopt rules

12  necessary to ensure compliance with the area of critical state

13  concern program and the requirements for developments of

14  regional impact as set forth in this chapter.

15         (2)  Whenever any local government issues any

16  development order in any area of critical state concern, or in

17  regard to any development of regional impact, copies of such

18  orders as prescribed by rule by the state land planning agency

19  shall be transmitted to the state land planning agency, the

20  regional planning agency, and the owner or developer of the

21  property affected by such order. The state land planning

22  agency shall adopt rules describing development order

23  rendition and effectiveness in designated areas of critical

24  state concern. Within 45 days after the order is rendered, the

25  owner, the developer, or the state land planning agency may

26  appeal the order to the Florida Land and Water Adjudicatory

27  Commission by filing a petition alleging that the development

28  order is not consistent with the provisions of this part

29  notice of appeal with the commission. The appropriate regional

30  planning agency by vote at a regularly scheduled meeting may

31  recommend that the state land planning agency undertake an

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 1  appeal of a development-of-regional-impact development order.

 2  Upon the request of an appropriate regional planning council,

 3  affected local government, or any citizen, the state land

 4  planning agency shall consider whether to appeal the order and

 5  shall respond to the request within the 45-day appeal period.

 6  Any appeal taken by a regional planning agency between March

 7  1, 1993, and the effective date of this section may only be

 8  continued if the state land planning agency has also filed an

 9  appeal.  Any appeal initiated by a regional planning agency on

10  or before March 1, 1993, shall continue until completion of

11  the appeal process and any subsequent appellate review, as if

12  the regional planning agency were authorized to initiate the

13  appeal.

14         (3)  Notwithstanding any other provision of law, an

15  appeal of a development order by the state land planning

16  agency under this section may include consistency of the

17  development order with the local comprehensive plan. However,

18  if a development order relating to a development of regional

19  impact has been challenged in a proceeding under s. 163.3215

20  and a party to the proceeding serves notice to the state land

21  planning agency of the pending proceeding under s. 163.3215,

22  the state land planning agency shall:

23         (a)  Raise its consistency issues by intervening as a

24  full party in the pending proceeding under s. 163.3215 within

25  30 days after service of the notice; and

26         (b)  Dismiss the consistency issues from the

27  development order appeal.

28         (4)  The appellant shall furnish a copy of the petition

29  to the opposing party, as the case may be, and to the local

30  government that issued the order. The filing of the petition

31  

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 1  stays the effectiveness of the order until after the

 2  completion of the appeal process.

 3         (5)(3)  The 45-day appeal period for a development of

 4  regional impact within the jurisdiction of more than one local

 5  government shall not commence until after all the local

 6  governments having jurisdiction over the proposed development

 7  of regional impact have rendered their development orders.

 8  The appellant shall furnish a copy of the notice of appeal to

 9  the opposing party, as the case may be, and to the local

10  government which issued the order.  The filing of the notice

11  of appeal shall stay the effectiveness of the order until

12  after the completion of the appeal process.

13         (6)(4)  Prior to issuing an order, the Florida Land and

14  Water Adjudicatory Commission shall hold a hearing pursuant to

15  the provisions of chapter 120.  The commission shall encourage

16  the submission of appeals on the record made below in cases in

17  which the development order was issued after a full and

18  complete hearing before the local government or an agency

19  thereof.

20         (7)(5)  The Florida Land and Water Adjudicatory

21  Commission shall issue a decision granting or denying

22  permission to develop pursuant to the standards of this

23  chapter and may attach conditions and restrictions to its

24  decisions.

25         (6)  If an appeal is filed with respect to any issues

26  within the scope of a permitting program authorized by chapter

27  161, chapter 373, or chapter 403 and for which a permit or

28  conceptual review approval has been obtained prior to the

29  issuance of a development order, any such issue shall be

30  specifically identified in the notice of appeal which is filed

31  pursuant to this section, together with other issues which

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 1  constitute grounds for the appeal. The appeal may proceed with

 2  respect to issues within the scope of permitting programs for

 3  which a permit or conceptual review approval has been obtained

 4  prior to the issuance of a development order only after the

 5  commission determines by majority vote at a regularly

 6  scheduled commission meeting that statewide or regional

 7  interests may be adversely affected by the development.  In

 8  making this determination, there shall be a rebuttable

 9  presumption that statewide and regional interests relating to

10  issues within the scope of the permitting programs for which a

11  permit or conceptual approval has been obtained are not

12  adversely affected.

13         Section 4.  Section 380.115, Florida Statutes, is

14  amended to read:

15         380.115  Vested rights and duties; effect of size

16  reduction, changes in guidelines and standards chs. 2002-20

17  and 2002-296.--

18         (1)  A change in a development-of-regional-impact

19  guideline and standard does not abridge Nothing contained in

20  this act abridges or modify modifies any vested or other right

21  or any duty or obligation pursuant to any development order or

22  agreement that is applicable to a development of regional

23  impact on the effective date of this act. A development that

24  has received a development-of-regional-impact development

25  order pursuant to s. 380.06, but is no longer required to

26  undergo development-of-regional-impact review by operation of

27  a change in the guidelines and standards or has reduced its

28  size below the thresholds in s. 380.0651 of this act, shall be

29  governed by the following procedures:

30         (a)  The development shall continue to be governed by

31  the development-of-regional-impact development order and may

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 1  be completed in reliance upon and pursuant to the development

 2  order unless the developer or landowner has followed the

 3  procedures for rescission in paragraph (b). The

 4  development-of-regional-impact development order may be

 5  enforced by the local government as provided by ss. 380.06(17)

 6  and 380.11.

 7         (b)  If requested by the developer or landowner, the

 8  development-of-regional-impact development order shall may be

 9  rescinded by the local government having jurisdiction upon a

10  showing that all required mitigation related to the amount of

11  development that existed on the date of rescission has been

12  completed abandoned pursuant to the process in s. 380.06(26).

13         (2)  A development with an application for development

14  approval pending, and determined sufficient pursuant to s.

15  380.06 s. 380.06(10), on the effective date of a change to the

16  guidelines and standards this act, or a notification of

17  proposed change pending on the effective date of a change to

18  the guidelines and standards this act, may elect to continue

19  such review pursuant to s. 380.06. At the conclusion of the

20  pending review, including any appeals pursuant to s. 380.07,

21  the resulting development order shall be governed by the

22  provisions of subsection (1).

23         (3)  A landowner that has filed an application for a

24  development-of-regional-impact review prior to the adoption of

25  an optional sector plan pursuant to s. 163.3245 may elect to

26  have the application reviewed pursuant to s. 380.06,

27  comprehensive plan provisions in force prior to adoption of

28  the sector plan, and any requested comprehensive plan

29  amendments that accompany the application.

30         Section 5.  Section 342.07, Florida Statutes, is

31  amended to read:

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 1         342.07  Recreational and commercial working

 2  waterfronts; legislative findings; definitions.--

 3         (1)  The Legislature recognizes that there is an

 4  important state interest in facilitating boating and other

 5  recreational access to the state's navigable waters. This

 6  access is vital to tourists and recreational users and the

 7  marine industry in the state, to maintaining or enhancing the

 8  $57 billion economic impact of tourism and the $14 billion

 9  economic impact of boating in the state annually, and to

10  ensuring continued access to all residents and visitors to the

11  navigable waters of the state. The Legislature recognizes that

12  there is an important state interest in maintaining viable

13  water-dependent support facilities, such as public lodging

14  establishments and boat hauling and repairing and commercial

15  fishing facilities, and in maintaining the availability of

16  public access to the navigable waters of the state. The

17  Legislature further recognizes that the waterways of the state

18  are important for engaging in commerce and the transportation

19  of goods and people upon such waterways and that such commerce

20  and transportation is not feasible unless there is access to

21  and from the navigable waters of the state through

22  recreational and commercial working waterfronts.

23         (2)  As used in this section, the term "recreational

24  and commercial working waterfront" means a parcel or parcels

25  of real property that provide access for water-dependent

26  commercial and recreational activities, including public

27  lodging establishments as defined in chapter 509, or provide

28  access for the public to the navigable waters of the state.

29  Recreational and commercial working waterfronts require direct

30  access to or a location on, over, or adjacent to a navigable

31  body of water. The term includes water-dependent facilities

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 1  that are open to the public and offer public access by vessels

 2  to the waters of the state or that are support facilities for

 3  recreational, commercial, research, or governmental vessels.

 4  These facilities include docks, wharfs, lifts, wet and dry

 5  marinas, boat ramps, boat hauling and repair facilities,

 6  commercial fishing facilities, boat construction facilities,

 7  and other support structures over the water. As used in this

 8  section, the term "vessel" has the same meaning as in s.

 9  327.02(37). Seaports are excluded from the definition.

10         Section 6.  Paragraph (c) of subsection (2) of section

11  163.3180, Florida Statutes, is amended to read:

12         163.3180  Concurrency.--

13         (2)

14         (c)  Consistent with the public welfare, and except as

15  otherwise provided in this section, transportation facilities

16  needed to serve new development shall be in place or under

17  actual construction within 3 years after the local government

18  approves a building permit or its functional equivalent that

19  results in traffic generation. A local government may not

20  require these transportation facilities to be in place or

21  under actual construction within a shorter timeframe than the

22  3-year period.

23         Section 7.  Notwithstanding any other provision of law,

24  charter, or ordinance, a local government may not approve an

25  application to rezone real property except by a majority vote

26  of the governing body of the local government.

27         Section 8.  Section 380.0652, Florida Statutes, is

28  created to read:

29         380.0652  Comprehensive plan amendments creating new

30  towns in rural counties.--

31  

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 1         (1)  This section is intended primarily for a

 2  development of regional impact which requires an amendment to

 3  the comprehensive plan in order to establish a new town in an

 4  eligible county; however, this section may also be used by an

 5  applicant proposing a development that is exempt from review

 6  as a development of regional impact under s. 380.06(24).

 7         (2)  A local government may adopt an amendment to its

 8  comprehensive plan under this section if the county is

 9  designated as a rural area of critical economic concern or has

10  a population of fewer than 500,000 persons and has a rural

11  future land use map that designates a density of one unit per

12  5 acres or fewer, which comprises 50 percent or more of all

13  land area of the jurisdiction, excluding lands designated as

14  conservation within the jurisdiction. Eligibility shall be

15  determined as of the date any plan amendment is adopted

16  pursuant to this section. The applicant for such a plan

17  amendment may include a landowner or the local government.

18         (3)  An amendment to the comprehensive plan may be

19  adopted if the amendment increases density and the intensity

20  of land use based on economic need and such plan amendment may

21  not be limited by population projections. The local government

22  may consider factors such as job creation, capital investment,

23  economic diversification, targeted industries, economic

24  clustering, provision of adequate labor supply, regional

25  growth demands, spillover effects, and similar considerations

26  as the primary policy basis for adopting such a plan

27  amendment, if the amendment complies with the following siting

28  and design criteria:

29         (a)  Includes a minimum of 25,000 acres;

30         (b)  Is located within an existing urban service area,

31  an area served by existing or planned urban infrastructure, or

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 1  a self-contained and planned rural town as shown on the future

 2  land use map; and

 3         (c)  Is consistent with the following requirements,

 4  which must be implemented by supporting policies of the

 5  comprehensive plan:

 6         1.  Contains an integrated mix of land uses, including

 7  residential, employment, retail, and service uses; contains

 8  community facilities and conservation uses to ensure

 9  self-sufficiency and minimize external impacts; or contains an

10  integrated mix of uses that are appropriate for any portions

11  proposed as a self-contained retirement community;

12         2.  Establishes minimum gross densities necessary to

13  support the objectives of this section;

14         3.  Is designed to promote multimodal alternatives,

15  including walking, bicycling, motorized personal vehicles, and

16  public transit;

17         4.  Designates as conservation lands, or otherwise

18  protects, regionally significant wetlands, high-quality

19  habitats as determined based on the Integrated Wildlife

20  Habitat Ranking System, and significant wildlife corridors,

21  and allows opportunities for passive recreational uses;

22         5.  Includes buffers to protect adjacent agricultural

23  and natural resources and provides incentive-based policies to

24  promote retention of highly productive agricultural areas on

25  site as a viable component of the economic base and for the

26  enhancement of agriculture and agribusiness as an economic

27  sector within the local government;

28         6.  Achieves a positive net fiscal impact on the

29  jurisdiction as determined through the use of a professionally

30  acceptable fiscal-impact model or methodology;

31  

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 1         7.  Is financially feasible and supported by policies

 2  ensuring that infrastructure is provided on a phased-in basis

 3  to address identified needs through the long-range planning

 4  period of the adopted comprehensive plan. A development

 5  agreement or development-of-regional-impact development order

 6  shall be referenced in the capital improvements schedule in

 7  order to address financial feasibility and provide appropriate

 8  strategies for the long-term provision of required

 9  infrastructure;

10         8.  Includes a conceptual site plan generally depicting

11  the organization of land uses, habitat conservation areas,

12  major open space and buffer areas, waterbodies, roadways, and

13  other features consistent with the policies adopted in the

14  comprehensive plan pursuant to this subsection. A

15  development-of-regional-impact development order adopted

16  within the proposed amendment site must be consistent with the

17  conceptual site plan and may be adopted concurrent with, or

18  subsequent to, the adoption of the plan amendment; and

19         9.  Is not located within a coastal high hazard area or

20  within the Coastal Barrier Resources System.

21         (4)  The state land planning agency may not find a plan

22  amendment not in compliance as related to need or urban

23  sprawl, as addressed in s. 163.3177(6)(a) and rule 9J-5.006,

24  Florida Administrative Code, if the requirements of this

25  section are met. This section does not limit the ability of

26  the state land planning agency to find such a comprehensive

27  plan amendment not in compliance based on other statutory

28  criteria that are unrelated to need or urban sprawl.

29         Section 9.  In order to maintain the security of the

30  ports of this state and to ensure the continuous flow of goods

31  critical to the economic health and prosperity of this state,

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 1  the ports of Jacksonville, Tampa, Port Everglades, Miami, Port

 2  Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe,

 3  Panama City, St. Petersburg, Pensacola, Fernandina, and Key

 4  West may not transfer ownership or exclusive management

 5  control of real property or port operations to an entity

 6  controlled by a foreign government or foreign business entity

 7  without the express consent of the Legislature.

 8         Section 10.  If any provision of this act or its

 9  application to any person or circumstance is held invalid, the

10  invalidity does not affect other provisions or applications of

11  the act which can be given effect without the invalid

12  provision or application, and to this end the provisions of

13  this act are severable.

14         Section 11.  This act shall take effect July 1, 2006.

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1020

 3                                 

 4  The committee substitute (CS) revises the definition of
    "essentially built out," as it relates to single family
 5  residential portions of a development, to require that all
    infrastructure and horizontal development be completed, at
 6  least 50 percent of the dwelling units be completed, and more
    than 80 percent of the lots must be conveyed to third party
 7  individual lot owners or builders in order to satisfy the
    definition. The substantial deviation percentages are doubled
 8  and the thresholds are increased by 10 percent for most uses.
    The substantial deviation threshold for an increase in hotel
 9  or motel rooms may be increased by 100 percent for a project
    that creates jobs and meets certain criteria. Also, the
10  thresholds for workforce housing and external vehicle trips
    are increased by 50 percent for a project located wholly
11  within urban infill and redevelopment area designated on the
    future land use map.
12  
    It establishes a process that requires a 45-day notice to
13  certain governmental entities, public notice, and the filing
    of a memorandum with the clerk of court for specified changes
14  that currently require a notice of proposed change under
    existing law. It also increases the number of allowable
15  residential units that would trigger
    development-of-regional-impact (DRI) review and adjust
16  substantial deviation thresholds upward for developments that
    set aside a specified percentage of units dedicated to
17  workforce housing. The CS provides for a 12-month window for
    local governments to negotiate a binding agreement to address
18  traffic impacts so that the local government can enjoy an
    exemption from DRI review within urban service boundaries and
19  designated urban infill and redevelopment areas. A proposed
    DRI will be reviewed only for traffic impacts if there is an
20  agreement when the 12-month period expires or earlier at the
    option of the local government.
21  
    This CS revises the process for an appeal to a development
22  order within a DRI. Specifically, it allows the state land
    planning agency to raise consistency with the local
23  comprehensive plan as part of an appeal to the development
    order to the Florida Land and Water Adjudicatory Commission.
24  If the state land planning agency is served with notice that
    the consistency of the development order is being challenged
25  under s. 163.3215, F.S., the agency must intervene and raise
    its consistency issues in that proceeding. Also, the state
26  land planning agency must dismiss its consistency issues from
    its appeal to the Florida Land and Water Adjudicatory
27  Commission.

28  Under this CS, the definition of "recreation and commerical
    working waterfront" is revised to include public lodging
29  establishments for the purpose of eligibility for ad valorem
    tax deferral. The CS also prohibits a local government from
30  requiring that transportation facilities be in place or under
    actual construction with a shorter timeframe than a 3-year
31  period. Local governments may not approve an application to
    rezone real property except by a majority vote of the
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 1  governing body of the local government.

 2  In addition, the CS authorizes an amendment to a local
    comprehensive plan which would allow the creation of a new
 3  town in a rural county if the county is designated as a rural
    area of critical economic concern or has fewer than 500,000
 4  persons and the future land use map provides for 1 unit per 5
    acres or fewer in at least 50 percent of the jurisdiction's
 5  land area, excluding conservation lands. If the proposed
    development meets certain siting and design criteria, the
 6  state land planning agency may not find the plan amendment not
    in compliance based on need or urban sprawl.
 7  
    This CS prohibits the sale or exclusive control of real
 8  property or the operations of any port in this state to an
    entity controlled by a foreign government or a foreign
 9  business entity without the express consent of the
    Legislature. It also provides for severability.
10  
    The CS deletes language that extended the period of buildout
11  for a DRI from 5 years to 7 years. It deletes language that
    eliminated the bright-line test for substantial deviations and
12  creates a presumption. It deletes language relating to
    transportation mitigation required by the development order
13  and proportionate-share payments. Also, it deletes language
    that allowed changes to internal locations or changes to the
14  internal location of public facilities, either individually or
    cumulatively, without consideration of a substantial
15  deviation. It restores existing language that requires the
    Department of Community Affairs (DCA), the Department of
16  Enviromental Protection, and the Fish and Wildlife
    Conservation Commission to provide technical assistance to
17  local governments for the development of a marina siting plan.

18  Finally, the CS restores existing language that requires DRI
    review for certain types and sizes of facilities, including
19  attractions and recreations facilities, ports, and
    post-secondary schools. It retains the language that exempts
20  dry storage facilities from DRI review. It deletes language
    from prohibiting DCA from considering impacts of independent
21  DRIs cumulatively when evaluating a DRI that may not be
    aggregated with an approved DRI. Also, it deletes language
22  that provided s. 163.3215, F.S., is the sole mechanism for
    challenging the consistency of a DRI development order with
23  the local government's comprehensive plan. |

24  

25  

26  

27  

28  

29  

30  

31  

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