Florida Senate - 2016                      CS for CS for SB 1190
       
       
        
       By the Committees on Rules; and Community Affairs; and Senator
       Diaz de la Portilla
       
       595-04426-16                                          20161190c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         125.001, F.S.; authorizing local governments to hold
    4         joint public meetings to discuss matters of mutual
    5         interest upon certain conditions; prohibiting official
    6         votes from being taken at such meetings; specifying
    7         that such meetings may not take the place of certain
    8         required hearings; amending s. 125.045, F.S.;
    9         authorizing the governing body of a county to employ
   10         tax increment financing in certain areas; requiring
   11         the governing body of a county to administer a
   12         separate reserve account for tax increment areas for
   13         the deposit of tax increment revenues; requiring that
   14         tax increment revenues be used to fund only certain
   15         activities and projects that directly benefit the tax
   16         increment area; specifying determination requirements
   17         for a tax increment; prohibiting the Department of
   18         Transportation or the Florida Turnpike Enterprise from
   19         imposing certain fees on or requiring certain
   20         contributions from a commercial or retail development
   21         within a tax increment finance area; amending s.
   22         163.3184, F.S.; specifying that certain developments
   23         must follow the state coordinated review process;
   24         providing timeframes within which the Division of
   25         Administrative Hearings must transmit certain
   26         recommended orders to the Administration Commission;
   27         establishing deadlines for the state land planning
   28         agency to take action on recommended orders relating
   29         to certain plan amendments; providing a procedure for
   30         issuing a final order if the state land planning
   31         agency fails to take action; amending s. 163.3245,
   32         F.S.; revising the acreage thresholds for sector
   33         plans; amending s. 171.046, F.S.; revising the size of
   34         an enclave that a municipality may annex on an
   35         expedited basis; amending s. 380.0555, F.S.; revising
   36         the applicability of certain requirements and
   37         restrictions relating to areas of critical state
   38         concern to the Apalachicola Bay Area; providing that
   39         such areas may not be recommended for resignation for
   40         a certain time period; specifying that the state land
   41         planning agency, rather than the Administration
   42         Commission, shall approve modifications to certain
   43         local plans and regulations in the Apalachicola Bay
   44         Area; providing standards for such review; amending s.
   45         380.06, F.S.; authorizing certain changes to approved
   46         developments of regional impact; authorizing parties
   47         to amend certain development agreements without
   48         submittal, review, or approval of a notification of
   49         proposed change; revising the meaning of the term
   50         “essentially built out” as it relates to such
   51         amendments; providing criteria under which one
   52         approved land use may be submitted for another
   53         approved land use in certain land development
   54         agreements under certain circumstances; requiring the
   55         local government to consult with the Department of
   56         Transportation before approving such exchanges under
   57         certain circumstances; specifying that certain
   58         proposed changes to certain developments are a
   59         substantial deviation; specifying that such
   60         developments must undergo further development-of
   61         regional-impact review; providing that certain phase
   62         date extensions to amend a development order are not
   63         substantial deviations under certain circumstances;
   64         specifying conditions under which certain proposed
   65         developments are not required to undergo the state
   66         coordinated review process; amending s. 380.0651,
   67         F.S.; providing that lands acquired for development
   68         are not subject to aggregation under certain
   69         circumstances; amending s. 380.115, F.S.; providing
   70         the procedures to be used by a development that elects
   71         to rescind a development order; providing an effective
   72         date.
   73          
   74  Be It Enacted by the Legislature of the State of Florida:
   75  
   76         Section 1. Section 125.001, Florida Statutes, is amended to
   77  read:
   78         125.001 Board meetings; notice.—
   79         (1) Upon the giving of due public notice, regular and
   80  special meetings of the board may be held at any appropriate
   81  public place in the county.
   82         (2)The board may hold joint public meetings with the
   83  governing body or bodies of one or more adjacent municipalities
   84  or counties to consider multi-jurisdictional issues at any
   85  appropriate public place within the jurisdiction of any
   86  participating municipality or county upon the giving of due
   87  public notice within the jurisdiction of all participating
   88  municipalities or counties.
   89         (a)To participate in the joint public meeting, the
   90  governing body of a county or municipality must first pass a
   91  resolution authorizing such participation.
   92         (b)Official votes may not be taken at the joint public
   93  meeting.
   94         (c)The joint public meeting may not take the place of any
   95  public hearing required by law.
   96         Section 2. Subsection (6) is added to section 125.045,
   97  Florida Statutes, to read:
   98         125.045 County economic development powers.—
   99         (6)(a)The governing body of a county may designate
  100  specific tax increment areas, not to exceed 300 acres, to employ
  101  tax increment financing for the purposes of this section. The
  102  governing body of the county shall administer a separate reserve
  103  account to deposit tax increment revenues for each tax increment
  104  area created pursuant to this subsection.
  105         (b)Tax increment revenues, including the proceeds of any
  106  revenue bonds secured by, and repaid with, such tax increment
  107  revenues, shall be used to fund economic development activities,
  108  as referenced in this section, and the following infrastructure
  109  projects and expenditures, when such projects and expenditures
  110  directly benefit the tax increment area:
  111         1.Wetland mitigation credits.
  112         2.Public roadways, including fill, grading, road surface,
  113  curbs, gutters, and roadway drainage.
  114         3.Reworked public roadways, including fill, grading, road
  115  surface, curbs, gutters, and roadway drainage.
  116         4.Site lighting on public property, including roadway
  117  lighting and safety lighting.
  118         5.Pedestrian walkways that connect development within the
  119  tax increment area to public areas.
  120         6.Mass transit facilities.
  121         7.Off-site highway interchanges, on and off ramps, lane
  122  additions, lane widening, reconfigurations, and related highway
  123  improvements, such as lighting, striping, and traffic management
  124  equipment and systems.
  125         8.Off-site roadway and bridge improvements, including
  126  intersections, lane additions, lane widening, reconfigurations,
  127  and related improvements, such as lighting, striping, and
  128  traffic management equipment and systems.
  129         9.Off-site preparation costs, including grading,
  130  excavation, and related costs.
  131         10.Underground utility connection preparation costs,
  132  including sanitary sewer, water, power, gas, and communications
  133  utilities.
  134         11.Off-site stormwater management system and retention
  135  structures.
  136  
  137  Such funds may not be used for the construction of buildings
  138  used solely for commercial or retail purposes within the tax
  139  increment area.
  140         (c)The tax increment authorized under this section shall
  141  be determined annually and shall be the amount equal to a
  142  maximum of 95 percent of the difference between:
  143         1.The amount of ad valorem taxes levied each year by the
  144  county, exclusive of any amount from any debt service millage,
  145  on taxable real property contained within the geographic
  146  boundaries of the tax increment area; and
  147         2.The amount of ad valorem taxes which would have been
  148  produced by the rate upon which the tax is levied each year by
  149  or for the county, exclusive of any debt service millage, upon
  150  the total of the assessed value of the taxable real property in
  151  the tax increment area as shown upon the most recent assessment
  152  roll used in connection with the taxation of such property by
  153  the county before the establishment of the tax increment area.
  154         (d)The Department of Transportation or the Florida
  155  Turnpike Enterprise may not impose any fee on, or require any
  156  contribution from, a commercial or retail development within a
  157  tax increment finance area to fund, or assist in funding, any
  158  transportation infrastructure improvement.
  159         Section 3. Paragraph (c) of subsection (2), paragraph (e)
  160  of subsection (5), and paragraph (d) of subsection (7) of
  161  section 163.3184, Florida Statutes, are amended to read:
  162         163.3184 Process for adoption of comprehensive plan or plan
  163  amendment.—
  164         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
  165         (c) Plan amendments that are in an area of critical state
  166  concern designated pursuant to s. 380.05; propose a rural land
  167  stewardship area pursuant to s. 163.3248; propose a sector plan
  168  pursuant to s. 163.3245 or an amendment to an adopted sector
  169  plan; update a comprehensive plan based on an evaluation and
  170  appraisal pursuant to s. 163.3191; propose a development that is
  171  subject to the state coordinated review process qualifies as a
  172  development of regional impact pursuant to s. 380.06; or are new
  173  plans for newly incorporated municipalities adopted pursuant to
  174  s. 163.3167 must shall follow the state coordinated review
  175  process in subsection (4).
  176         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
  177  AMENDMENTS.—
  178         (e) If the administrative law judge recommends that the
  179  amendment be found in compliance, the judge shall submit the
  180  recommended order to the state land planning agency.
  181         1. If the state land planning agency determines that the
  182  plan amendment should be found not in compliance, the agency
  183  shall make every effort to refer the recommended order and its
  184  determination expeditiously to the Administration Commission for
  185  final agency action, but at a minimum within the time period
  186  provided by s. 120.569.
  187         2. If the state land planning agency determines that the
  188  plan amendment should be found in compliance, the agency shall
  189  make every effort to enter its final order expeditiously, but at
  190  a minimum within the time period provided by s. 120.569.
  191         3.The recommended order submitted under this paragraph
  192  becomes a final order 90 days after issuance unless the state
  193  land planning agency acts as provided in subparagraph 1. or
  194  subparagraph 2., or all parties consent in writing to an
  195  extension of the 90-day period.
  196         (7) MEDIATION AND EXPEDITIOUS RESOLUTION.—
  197         (d) For a case following the procedures under this
  198  subsection, absent a showing of extraordinary circumstances or
  199  written consent of the parties, if the administrative law judge
  200  recommends that the amendment be found not in compliance, the
  201  Administration Commission shall issue a final order, in a case
  202  proceeding under subsection (5), within 45 days after the
  203  issuance of the recommended order, unless the parties agree in
  204  writing to a longer time. If the administrative law judge
  205  recommends that the amendment be found in compliance, the state
  206  land planning agency shall issue a final order within 45 days
  207  after the issuance of the recommended order. If the state land
  208  planning agency fails to timely issue a final order, the
  209  recommended order finding the amendment to be in compliance
  210  immediately becomes final.
  211         Section 4. Subsection (1) of section 163.3245, Florida
  212  Statutes, is amended to read:
  213         163.3245 Sector plans.—
  214         (1) In recognition of the benefits of long-range planning
  215  for specific areas, local governments or combinations of local
  216  governments may adopt into their comprehensive plans a sector
  217  plan in accordance with this section. This section is intended
  218  to promote and encourage long-term planning for conservation,
  219  development, and agriculture on a landscape scale; to further
  220  support innovative and flexible planning and development
  221  strategies, and the purposes of this part and part I of chapter
  222  380; to facilitate protection of regionally significant
  223  resources, including, but not limited to, regionally significant
  224  water courses and wildlife corridors; and to avoid duplication
  225  of effort in terms of the level of data and analysis required
  226  for a development of regional impact, while ensuring the
  227  adequate mitigation of impacts to applicable regional resources
  228  and facilities, including those within the jurisdiction of other
  229  local governments, as would otherwise be provided. Sector plans
  230  are intended for substantial geographic areas that include at
  231  least 5,000 15,000 acres of one or more local governmental
  232  jurisdictions and are to emphasize urban form and protection of
  233  regionally significant resources and public facilities. A sector
  234  plan may not be adopted in an area of critical state concern.
  235         Section 5. Subsection (2) of section 171.046, Florida
  236  Statutes, is amended to read:
  237         171.046 Annexation of enclaves.—
  238         (2) In order to expedite the annexation of enclaves of 110
  239  10 acres or less into the most appropriate incorporated
  240  jurisdiction, based upon existing or proposed service provision
  241  arrangements, a municipality may:
  242         (a) Annex an enclave by interlocal agreement with the
  243  county having jurisdiction of the enclave; or
  244         (b) Annex an enclave with fewer than 25 registered voters
  245  by municipal ordinance when the annexation is approved in a
  246  referendum by at least 60 percent of the registered voters who
  247  reside in the enclave.
  248         Section 6. Subsection (5), paragraph (b) of subsection (8),
  249  and subsection (9) of section 380.0555, Florida Statutes, are
  250  amended to read:
  251         380.0555 Apalachicola Bay Area; protection and designation
  252  as area of critical state concern.—
  253         (5) APPLICATION OF CHAPTER 380 PROVISIONS.—Section
  254  380.05(1)-(5) (6), (8), (9),-(12), (15), (17), and (21), shall
  255  not apply to the area designated by this act for so long as the
  256  designation remains in effect. Except as otherwise provided in
  257  this act, s. 380.045 shall not apply to the area designated by
  258  this act. All other provisions of this chapter shall apply,
  259  including ss. 380.07 and 380.11, except that the “local
  260  development regulations” in s. 380.05(13) shall include the
  261  regulations set forth in subsection (8) for purposes of s.
  262  380.05(13), and the plan or plans submitted pursuant to s.
  263  380.05(14) shall be submitted no later than February 1, 1986.
  264  All or part of the area designated by this act may be
  265  redesignated pursuant to s. 380.05 as if it had been initially
  266  designated pursuant to that section.
  267         (8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT
  268  REGULATIONS.—
  269         (b) Conflicting regulations.—In the event of any
  270  inconsistency between subparagraph (a)1. and subparagraphs
  271  (a)2.-11., subparagraph (a)1. shall control. Further, in the
  272  event of any inconsistency between subsection (7) and paragraph
  273  (a) of this subsection and a development order issued pursuant
  274  to s. 380.06, which has become final prior to June 18, 1985, or
  275  between subsection (7) and paragraph (a) and an amendment to a
  276  final development order, which amendment has been requested
  277  prior to April 2, 1985, the development order or amendment
  278  thereto shall control. However, any modification to paragraph
  279  (a) enacted by a local government and approved by the state land
  280  planning agency Administration Commission pursuant to subsection
  281  (9) may provide whether it shall control over an inconsistent
  282  provision of a development order or amendment thereto. A
  283  development order or any amendment thereto referred to in this
  284  paragraph shall not be subject to approval by the state land
  285  planning agency Administration Commission pursuant to subsection
  286  (9).
  287         (9) MODIFICATION TO PLANS AND REGULATIONS.—Any land
  288  development regulation or element of a local comprehensive plan
  289  in the Apalachicola Bay Area may be enacted, amended, or
  290  rescinded by a local government, but the enactment, amendment,
  291  or rescission becomes effective only upon the approval thereof
  292  by the state land planning agency Administration Commission. The
  293  state land planning agency shall review the proposed change to
  294  determine if it complies with the principles for guiding
  295  development specified in subsection (7) and must approve or
  296  reject the requested change as provided in s. 380.05. Further,
  297  the state land planning agency, after consulting with the
  298  appropriate local government, may, from time to time, recommend
  299  the enactment, amendment, or rescission of a land development
  300  regulation or element of a comprehensive plan. Within 45 days
  301  following the receipt of such recommendation by the state land
  302  planning agency or enactment, amendment, or rescission by a
  303  local government the commission shall reject the recommendation,
  304  enactment, amendment, or rescission or accept it with or without
  305  modification and adopt, by rule, any changes. Any such local
  306  land development regulation or comprehensive plan or part of
  307  such regulation or plan may be adopted by the commission if it
  308  finds that it is in compliance with the principles for guiding
  309  development.
  310         Section 7. Subsection (14), paragraph (g) of subsection
  311  (15), paragraphs (b) and (e) of subsection (19), and subsection
  312  (30) of section 380.06, Florida Statutes, are amended to read:
  313         380.06 Developments of regional impact.—
  314         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
  315  the development is not located in an area of critical state
  316  concern, in considering whether the development is shall be
  317  approved, denied, or approved subject to conditions,
  318  restrictions, or limitations, the local government shall
  319  consider whether, and the extent to which:
  320         (a) The development is consistent with the local
  321  comprehensive plan and local land development regulations.;
  322         (b) The development is consistent with the report and
  323  recommendations of the regional planning agency submitted
  324  pursuant to subsection (12).; and
  325         (c) The development is consistent with the State
  326  Comprehensive Plan. In consistency determinations, the plan
  327  shall be construed and applied in accordance with s. 187.101(3).
  328  
  329  However, a local government may approve a change to a
  330  development authorized as a development of regional impact if
  331  the change has the effect of reducing the originally approved
  332  height, density, or intensity of the development, and if the
  333  revised development would have been consistent with the
  334  comprehensive plan in effect when the development was originally
  335  approved. If the revised development is approved, the developer
  336  may proceed as provided in s. 163.3167(5).
  337         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
  338         (g) A local government may shall not issue a permit permits
  339  for a development subsequent to the buildout date contained in
  340  the development order unless:
  341         1. The proposed development has been evaluated cumulatively
  342  with existing development under the substantial deviation
  343  provisions of subsection (19) after subsequent to the
  344  termination or expiration date;
  345         2. The proposed development is consistent with an
  346  abandonment of development order that has been issued in
  347  accordance with the provisions of subsection (26);
  348         3. The development of regional impact is essentially built
  349  out, in that all the mitigation requirements in the development
  350  order have been satisfied, all developers are in compliance with
  351  all applicable terms and conditions of the development order
  352  except the buildout date, and the amount of proposed development
  353  that remains to be built is less than 40 percent of any
  354  applicable development-of-regional-impact threshold; or
  355         4. The project has been determined to be an essentially
  356  built out built-out development of regional impact through an
  357  agreement executed by the developer, the state land planning
  358  agency, and the local government, in accordance with s. 380.032,
  359  which will establish the terms and conditions under which the
  360  development may be continued. If the project is determined to be
  361  essentially built out, development may proceed pursuant to the
  362  s. 380.032 agreement after the termination or expiration date
  363  contained in the development order without further development
  364  of-regional-impact review subject to the local government
  365  comprehensive plan and land development regulations or subject
  366  to a modified development-of-regional-impact analysis. The
  367  parties may amend the agreement without submission, review, or
  368  approval of a notification of proposed change pursuant to
  369  subsection (19). For the purposes of As used in this paragraph,
  370  a an “essentially built-out” development of regional impact is
  371  essentially built out, if means:
  372         a. The developers are in compliance with all applicable
  373  terms and conditions of the development order except the
  374  buildout date or reporting requirements; and
  375         b.(I) The amount of development that remains to be built is
  376  less than the substantial deviation threshold specified in
  377  paragraph (19)(b) for each individual land use category, or, for
  378  a multiuse development, the sum total of all unbuilt land uses
  379  as a percentage of the applicable substantial deviation
  380  threshold is equal to or less than 100 percent; or
  381         (II) The state land planning agency and the local
  382  government have agreed in writing that the amount of development
  383  to be built does not create the likelihood of any additional
  384  regional impact not previously reviewed.
  385  
  386  The single-family residential portions of a development may be
  387  considered “essentially built out” if all of the workforce
  388  housing obligations and all of the infrastructure and horizontal
  389  development have been completed, at least 50 percent of the
  390  dwelling units have been completed, and more than 80 percent of
  391  the lots have been conveyed to third-party individual lot owners
  392  or to individual builders who own no more than 40 lots at the
  393  time of the determination. The mobile home park portions of a
  394  development may be considered “essentially built out” if all the
  395  infrastructure and horizontal development has been completed,
  396  and at least 50 percent of the lots are leased to individual
  397  mobile home owners. In order to accommodate changing market
  398  demands and achieve maximum land use efficiency in an
  399  essentially built out project, when a developer is building out
  400  a project, a local government, without the concurrence of the
  401  state land planning agency, may adopt a resolution authorizing
  402  the developer to exchange one approved land use for another
  403  approved land use specified in the agreement. Before issuance of
  404  a building permit pursuant to an exchange, the developer must
  405  demonstrate to the local government that the exchange ratio will
  406  not result in a net increase in impacts to public facilities and
  407  will meet all applicable requirements of the comprehensive plan
  408  and land development code. For developments previously
  409  determined to impact strategic intermodal facilities as defined
  410  in s. 339.63, the local government shall consult with the
  411  Department of Transportation before approving the exchange.
  412         (19) SUBSTANTIAL DEVIATIONS.—
  413         (b) Any proposed change to a previously approved
  414  development of regional impact or development order condition
  415  which, either individually or cumulatively with other changes,
  416  exceeds any of the following criteria in subparagraphs 1.-11.
  417  constitutes shall constitute a substantial deviation and shall
  418  cause the development to be subject to further development-of
  419  regional-impact review through the notice of proposed change
  420  process under this subsection. without the necessity for a
  421  finding of same by the local government:
  422         1. An increase in the number of parking spaces at an
  423  attraction or recreational facility by 15 percent or 500 spaces,
  424  whichever is greater, or an increase in the number of spectators
  425  that may be accommodated at such a facility by 15 percent or
  426  1,500 spectators, whichever is greater.
  427         2. A new runway, a new terminal facility, a 25 percent
  428  lengthening of an existing runway, or a 25 percent increase in
  429  the number of gates of an existing terminal, but only if the
  430  increase adds at least three additional gates.
  431         3. An increase in land area for office development by 15
  432  percent or an increase of gross floor area of office development
  433  by 15 percent or 100,000 gross square feet, whichever is
  434  greater.
  435         4. An increase in the number of dwelling units by 10
  436  percent or 55 dwelling units, whichever is greater.
  437         5. An increase in the number of dwelling units by 50
  438  percent or 200 units, whichever is greater, provided that 15
  439  percent of the proposed additional dwelling units are dedicated
  440  to affordable workforce housing, subject to a recorded land use
  441  restriction that shall be for a period of not less than 20 years
  442  and that includes resale provisions to ensure long-term
  443  affordability for income-eligible homeowners and renters and
  444  provisions for the workforce housing to be commenced before
  445  prior to the completion of 50 percent of the market rate
  446  dwelling. For purposes of this subparagraph, the term
  447  “affordable workforce housing” means housing that is affordable
  448  to a person who earns less than 120 percent of the area median
  449  income, or less than 140 percent of the area median income if
  450  located in a county in which the median purchase price for a
  451  single-family existing home exceeds the statewide median
  452  purchase price of a single-family existing home. For purposes of
  453  this subparagraph, the term “statewide median purchase price of
  454  a single-family existing home” means the statewide purchase
  455  price as determined in the Florida Sales Report, Single-Family
  456  Existing Homes, released each January by the Florida Association
  457  of Realtors and the University of Florida Real Estate Research
  458  Center.
  459         6. An increase in commercial development by 60,000 square
  460  feet of gross floor area or of parking spaces provided for
  461  customers for 425 cars or a 10 percent increase, whichever is
  462  greater.
  463         7. An increase in a recreational vehicle park area by 10
  464  percent or 110 vehicle spaces, whichever is less.
  465         8. A decrease in the area set aside for open space of 5
  466  percent or 20 acres, whichever is less.
  467         9. A proposed increase to an approved multiuse development
  468  of regional impact where the sum of the increases of each land
  469  use as a percentage of the applicable substantial deviation
  470  criteria is equal to or exceeds 110 percent. The percentage of
  471  any decrease in the amount of open space shall be treated as an
  472  increase for purposes of determining when 110 percent has been
  473  reached or exceeded.
  474         10. A 15 percent increase in the number of external vehicle
  475  trips generated by the development above that which was
  476  projected during the original development-of-regional-impact
  477  review.
  478         11. Any change that would result in development of any area
  479  which was specifically set aside in the application for
  480  development approval or in the development order for
  481  preservation or special protection of endangered or threatened
  482  plants or animals designated as endangered, threatened, or
  483  species of special concern and their habitat, any species
  484  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
  485  archaeological and historical sites designated as significant by
  486  the Division of Historical Resources of the Department of State.
  487  The refinement of the boundaries and configuration of such areas
  488  shall be considered under sub-subparagraph (e)2.j.
  489  
  490  The substantial deviation numerical standards in subparagraphs
  491  3., 6., and 9., excluding residential uses, and in subparagraph
  492  10., are increased by 100 percent for a project certified under
  493  s. 403.973 which creates jobs and meets criteria established by
  494  the Department of Economic Opportunity as to its impact on an
  495  area’s economy, employment, and prevailing wage and skill
  496  levels. The substantial deviation numerical standards in
  497  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
  498  percent for a project located wholly within an urban infill and
  499  redevelopment area designated on the applicable adopted local
  500  comprehensive plan future land use map and not located within
  501  the coastal high hazard area.
  502         (e)1. Except for a development order rendered pursuant to
  503  subsection (22) or subsection (25), a proposed change to a
  504  development order which individually or cumulatively with any
  505  previous change is less than any numerical criterion contained
  506  in subparagraphs (b)1.-10. and does not exceed any other
  507  criterion, or which involves an extension of the buildout date
  508  of a development, or any phase thereof, of less than 5 years is
  509  not subject to the public hearing requirements of subparagraph
  510  (f)3., and is not subject to a determination pursuant to
  511  subparagraph (f)5. Notice of the proposed change shall be made
  512  to the regional planning council and the state land planning
  513  agency. Such notice must include a description of previous
  514  individual changes made to the development, including changes
  515  previously approved by the local government, and must include
  516  appropriate amendments to the development order.
  517         2. The following changes, individually or cumulatively with
  518  any previous changes, are not substantial deviations:
  519         a. Changes in the name of the project, developer, owner, or
  520  monitoring official.
  521         b. Changes to a setback which do not affect noise buffers,
  522  environmental protection or mitigation areas, or archaeological
  523  or historical resources.
  524         c. Changes to minimum lot sizes.
  525         d. Changes in the configuration of internal roads which do
  526  not affect external access points.
  527         e. Changes to the building design or orientation which stay
  528  approximately within the approved area designated for such
  529  building and parking lot, and which do not affect historical
  530  buildings designated as significant by the Division of
  531  Historical Resources of the Department of State.
  532         f. Changes to increase the acreage in the development, if
  533  no development is proposed on the acreage to be added.
  534         g. Changes to eliminate an approved land use, if there are
  535  no additional regional impacts.
  536         h. Changes required to conform to permits approved by any
  537  federal, state, or regional permitting agency, if these changes
  538  do not create additional regional impacts.
  539         i. Any renovation or redevelopment of development within a
  540  previously approved development of regional impact which does
  541  not change land use or increase density or intensity of use.
  542         j. Changes that modify boundaries and configuration of
  543  areas described in subparagraph (b)11. due to science-based
  544  refinement of such areas by survey, by habitat evaluation, by
  545  other recognized assessment methodology, or by an environmental
  546  assessment. In order for changes to qualify under this sub
  547  subparagraph, the survey, habitat evaluation, or assessment must
  548  occur before the time that a conservation easement protecting
  549  such lands is recorded and must not result in any net decrease
  550  in the total acreage of the lands specifically set aside for
  551  permanent preservation in the final development order.
  552         k. Changes that do not increase the number of external peak
  553  hour trips and do not reduce open space and conserved areas
  554  within the project except as otherwise permitted by sub
  555  subparagraph j.
  556         l. A phase date extension, if the state land planning
  557  agency, in consultation with the regional planning council and
  558  subject to the written concurrence of the Department of
  559  Transportation, agrees that the traffic impact is not
  560  significant and adverse under applicable state agency rules.
  561         m.l. Any other change that the state land planning agency,
  562  in consultation with the regional planning council, agrees in
  563  writing is similar in nature, impact, or character to the
  564  changes enumerated in sub-subparagraphs a.-l. a.-k. and that
  565  does not create the likelihood of any additional regional
  566  impact.
  567  
  568  This subsection does not require the filing of a notice of
  569  proposed change but requires an application to the local
  570  government to amend the development order in accordance with the
  571  local government’s procedures for amendment of a development
  572  order. In accordance with the local government’s procedures,
  573  including requirements for notice to the applicant and the
  574  public, the local government shall either deny the application
  575  for amendment or adopt an amendment to the development order
  576  which approves the application with or without conditions.
  577  Following adoption, the local government shall render to the
  578  state land planning agency the amendment to the development
  579  order. The state land planning agency may appeal, pursuant to s.
  580  380.07(3), the amendment to the development order if the
  581  amendment involves sub-subparagraph g., sub-subparagraph h.,
  582  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
  583  l. and if the agency believes that the change creates a
  584  reasonable likelihood of new or additional regional impacts.
  585         3. Except for the change authorized by sub-subparagraph
  586  2.f., any addition of land not previously reviewed or any change
  587  not specified in paragraph (b) or paragraph (c) shall be
  588  presumed to create a substantial deviation. This presumption may
  589  be rebutted by clear and convincing evidence.
  590         4. Any submittal of a proposed change to a previously
  591  approved development must include a description of individual
  592  changes previously made to the development, including changes
  593  previously approved by the local government. The local
  594  government shall consider the previous and current proposed
  595  changes in deciding whether such changes cumulatively constitute
  596  a substantial deviation requiring further development-of
  597  regional-impact review.
  598         5. The following changes to an approved development of
  599  regional impact shall be presumed to create a substantial
  600  deviation. Such presumption may be rebutted by clear and
  601  convincing evidence:.
  602         a. A change proposed for 15 percent or more of the acreage
  603  to a land use not previously approved in the development order.
  604  Changes of less than 15 percent shall be presumed not to create
  605  a substantial deviation.
  606         b. Notwithstanding any provision of paragraph (b) to the
  607  contrary, a proposed change consisting of simultaneous increases
  608  and decreases of at least two of the uses within an authorized
  609  multiuse development of regional impact which was originally
  610  approved with three or more uses specified in s. 380.0651(3)(c)
  611  and (d) and residential use.
  612         6. If a local government agrees to a proposed change, a
  613  change in the transportation proportionate share calculation and
  614  mitigation plan in an adopted development order as a result of
  615  recalculation of the proportionate share contribution meeting
  616  the requirements of s. 163.3180(5)(h) in effect as of the date
  617  of such change shall be presumed not to create a substantial
  618  deviation. For purposes of this subsection, the proposed change
  619  in the proportionate share calculation or mitigation plan may
  620  not be considered an additional regional transportation impact.
  621         (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
  622  otherwise subject to the review requirements of this section
  623  shall be approved by a local government pursuant to s.
  624  163.3184(4) in lieu of proceeding in accordance with this
  625  section. However, if the proposed development is consistent with
  626  the comprehensive plan as provided in s. 163.3194(3)(b), the
  627  development is not required to undergo review pursuant to s.
  628  163.3184(4) or this section. This subsection does not apply to
  629  amendments to a development order governing an existing
  630  development of regional impact.
  631         Section 8. Paragraph (c) of subsection (4) of section
  632  380.0651, Florida Statutes, is amended to read:
  633         380.0651 Statewide guidelines and standards.—
  634         (4) Two or more developments, represented by their owners
  635  or developers to be separate developments, shall be aggregated
  636  and treated as a single development under this chapter when they
  637  are determined to be part of a unified plan of development and
  638  are physically proximate to one other.
  639         (c) Aggregation is not applicable when the following
  640  circumstances and provisions of this chapter apply are
  641  applicable:
  642         1. Developments that which are otherwise subject to
  643  aggregation with a development of regional impact which has
  644  received approval through the issuance of a final development
  645  order may shall not be aggregated with the approved development
  646  of regional impact. However, nothing contained in this
  647  subparagraph does not shall preclude the state land planning
  648  agency from evaluating an allegedly separate development as a
  649  substantial deviation pursuant to s. 380.06(19) or as an
  650  independent development of regional impact.
  651         2. Two or more developments, each of which is independently
  652  a development of regional impact that has or will obtain a
  653  development order pursuant to s. 380.06.
  654         3. Completion of any development that has been vested
  655  pursuant to s. 380.05 or s. 380.06, including vested rights
  656  arising out of agreements entered into with the state land
  657  planning agency for purposes of resolving vested rights issues.
  658  Development-of-regional-impact review of additions to vested
  659  developments of regional impact shall not include review of the
  660  impacts resulting from the vested portions of the development.
  661         4. The developments sought to be aggregated were authorized
  662  to commence development before prior to September 1, 1988, and
  663  could not have been required to be aggregated under the law
  664  existing before prior to that date.
  665         5. Any development that qualifies for an exemption under s.
  666  380.06(29).
  667         6. Newly acquired lands intended for development in
  668  coordination with developed and existing development of regional
  669  impact are not subject to aggregation if such newly acquired
  670  lands comprise an area equal to, or less than, 10 percent of the
  671  total acreage subject to an existing development-of-regional
  672  impact development order.
  673         Section 9. Subsection (1) of section 380.115, Florida
  674  Statutes, is amended to read:
  675         380.115 Vested rights and duties; effect of size reduction,
  676  changes in guidelines and standards.—
  677         (1) A change in a development-of-regional-impact guideline
  678  and standard does not abridge or modify any vested or other
  679  right or any duty or obligation pursuant to any development
  680  order or agreement that is applicable to a development of
  681  regional impact. A development that has received a development
  682  of-regional-impact development order pursuant to s. 380.06, but
  683  is no longer required to undergo development-of-regional-impact
  684  review by operation of a change in the guidelines and standards,
  685  a development that or has reduced its size below the thresholds
  686  specified in s. 380.0651, or a development that is exempt
  687  pursuant to s. 380.06(24) or (29), or a development that elects
  688  to rescind the development order are shall be governed by the
  689  following procedures:
  690         (a) The development shall continue to be governed by the
  691  development-of-regional-impact development order and may be
  692  completed in reliance upon and pursuant to the development order
  693  unless the developer or landowner has followed the procedures
  694  for rescission in paragraph (b). Any proposed changes to those
  695  developments which continue to be governed by a development
  696  order must shall be approved pursuant to s. 380.06(19) as it
  697  existed before a change in the development-of-regional-impact
  698  guidelines and standards, except that all percentage criteria
  699  are shall be doubled and all other criteria are shall be
  700  increased by 10 percent. The development-of-regional-impact
  701  development order may be enforced by the local government as
  702  provided in by ss. 380.06(17) and 380.11.
  703         (b) If requested by the developer or landowner, the
  704  development-of-regional-impact development order shall be
  705  rescinded by the local government having jurisdiction upon a
  706  showing that all required mitigation related to the amount of
  707  development that existed on the date of rescission has been
  708  completed or will be completed under an existing permit or
  709  equivalent authorization issued by a governmental agency as
  710  defined in s. 380.031(6), if provided such permit or
  711  authorization is subject to enforcement through administrative
  712  or judicial remedies.
  713         Section 10. This act shall take effect July 1, 2016.