Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1244
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Community Affairs (Lee) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 3038 - 3187
    4  and insert:
    5  
    6  
    7  Any owner or developer who intends to rely on this statutory
    8  exemption shall provide to the state land planning agency a copy
    9  of the local government application for a development permit.
   10  Within 45 days after receipt of the application, the state land
   11  planning agency shall render to the local government an advisory
   12  and nonbinding opinion, in writing, stating whether, in the
   13  state land planning agency’s opinion, the prescribed conditions
   14  exist for an exemption under this paragraph. The local
   15  government shall render the development order approving each
   16  such expansion to the state land planning agency. The owner,
   17  developer, or state land planning agency may appeal the local
   18  government development order pursuant to s. 380.07 within 45
   19  days after the order is rendered. The scope of review shall be
   20  limited to the determination of whether the conditions
   21  prescribed in this paragraph exist. If any sports facility
   22  expansion undergoes development-of-regional-impact review, all
   23  previous expansions that were exempt under this paragraph must
   24  be included in the development-of-regional-impact review.
   25         (h)Expansion to port harbors, spoil disposal sites,
   26  navigation channels, turning basins, harbor berths, and other
   27  related inwater harbor facilities of the ports specified in s.
   28  403.021(9)(b), port transportation facilities and projects
   29  listed in s. 311.07(3)(b), and intermodal transportation
   30  facilities identified pursuant to s. 311.09(3) when such
   31  expansions, projects, or facilities are consistent with port
   32  master plans and are in compliance with s. 163.3178.
   33         (i)Any proposed facility for the storage of any petroleum
   34  product or any expansion of an existing facility.
   35         (j)Any renovation or redevelopment within the same parcel
   36  as the existing development if such renovation or redevelopment
   37  does not change land use or increase density or intensity of
   38  use.
   39         (k)Waterport and marina development, including dry storage
   40  facilities.
   41         (l)Any proposed development within an urban service area
   42  boundary established under s. 163.3177(14), Florida
   43  Statutes(2010), that is not otherwise exempt pursuant to
   44  subsection (3),if the local government having jurisdiction over
   45  the area where the development is proposed has adopted the urban
   46  service area boundary and has entered into a binding agreement
   47  with jurisdictions that would be impacted and with the
   48  Department of Transportation regarding the mitigation of impacts
   49  on state and regional transportation facilities.
   50         (m)Any proposed development within a rural land
   51  stewardship area created under s. 163.3248.
   52         (n)The establishment, relocation, or expansion of any
   53  military installation as specified in s. 163.3175.
   54         (o)Any self-storage warehousing that does not allow retail
   55  or other services.
   56         (p)Any proposed nursing home or assisted living facility.
   57         (q)Any development identified in an airport master plan
   58  and adopted into the comprehensive plan pursuant to s.
   59  163.3177(6)(b)4.
   60         (r)Any development identified in a campus master plan and
   61  adopted pursuant to s. 1013.30.
   62         (s)Any development in a detailed specific area plan
   63  prepared and adopted pursuant to s. 163.3245.
   64         (t)Any proposed solid mineral mine and any proposed
   65  addition to, expansion of, or change to an existing solid
   66  mineral mine. A mine owner must, however, enter into a binding
   67  agreement with the Department of Transportation to mitigate
   68  impacts to strategic intermodal system facilities. Proposed
   69  changes to any previously approved solid mineral mine
   70  development-of-regional-impact development orders having vested
   71  rights are not subject to further review or approval as a
   72  development-of-regional-impact or notice-of-proposed-change
   73  review or approval pursuant to subsection (19), except for those
   74  applications pending as of July 1, 2011, which are governed by
   75  s. 380.115(2). Notwithstanding this requirement, pursuant to s.
   76  380.115(1), a previously approved solid mineral mine
   77  development-of-regional impact development order continues to
   78  have vested rights and continues to be effective unless
   79  rescinded by the developer. All local government regulations of
   80  proposed solid mineral mines are applicable to any new solid
   81  mineral mine or to any proposed addition to, expansion of, or
   82  change to an existing solid mineral mine.
   83         (u)Notwithstanding any provision in an agreement with or
   84  among a local government, regional agency, or the state land
   85  planning agency or in a local government’s comprehensive plan to
   86  the contrary, a project no longer subject to development-of
   87  regional-impact review under the revised thresholds specified in
   88  s. 380.06(2)(b) and this section.
   89         (v)Any development within a county that has a research and
   90  education authority created by special act and which is also
   91  within a research and development park that is operated or
   92  managed by a research and development authority pursuant to part
   93  V of chapter 159.
   94         (w)Any development in an energy economic zone designated
   95  pursuant to s. 377.809 upon approval by its local governing
   96  body.
   97  
   98  If a use is exempt from review pursuant to paragraphs (a)-(u),
   99  but will be part of a larger project that is subject to review
  100  pursuant to s. 380.06(12), the impact of the exempt use must be
  101  included in the review of the larger project, unless such exempt
  102  use involves a development that includes a landowner, tenant, or
  103  user that has entered into a funding agreement with the state
  104  land planning agency under the Innovation Incentive Program and
  105  the agreement contemplates a state award of at least $50
  106  million.
  107         (3)EXEMPTIONS FOR DENSE URBAN LAND AREAS.
  108         (a)The following are exempt from the requirements of s.
  109  380.06:
  110         1.Any proposed development in a municipality that has an
  111  average of at least 1,000 people per square mile of land area
  112  and a minimum total population of at least 5,000;
  113         2.Any proposed development within a county, including the
  114  municipalities located therein, having an average of at least
  115  1,000 people per square mile of land area and the development is
  116  located within an urban service area as defined in s. 163.3164
  117  which has been adopted into the comprehensive plan as defined in
  118  s. 163.3164;
  119         3.Any proposed development within a county, including the
  120  municipalities located therein, having a population of at least
  121  900,000 and an average of at least 1,000 people per square mile
  122  of land area, but which does not have an urban service area
  123  designated in the comprehensive plan; and
  124         4.Any proposed development within a county, including the
  125  municipalities located therein, having a population of at least
  126  1 million and the development is located within an urban service
  127  area as defined in s. 163.3164 which has been adopted into the
  128  comprehensive plan.
  129  
  130  The Office of Economic and Demographic Research within the
  131  Legislature shall annually calculate the population and density
  132  criteria needed to determine which jurisdictions meet the
  133  density criteria in subparagraphs 1.-4. by using the most recent
  134  land area data from the decennial census conducted by the Bureau
  135  of the Census of the United States Department of Commerce and
  136  the latest available population estimates determined pursuant to
  137  s. 186.901. If any local government has had an annexation,
  138  contraction, or new incorporation, the Office of Economic and
  139  Demographic Research shall determine the population density
  140  using the new jurisdictional boundaries as recorded in
  141  accordance with s. 171.091. The Office of Economic and
  142  Demographic Research shall annually submit to the state land
  143  planning agency by July 1 a list of jurisdictions that meet the
  144  total population and density criteria. The state land planning
  145  agency shall publish the list of jurisdictions on its website
  146  within 7 days after the list is received. The designation of
  147  jurisdictions that meet the criteria of subparagraphs 1.-4. is
  148  effective upon publication on the state land planning agency’s
  149  website. If a municipality that has previously met the criteria
  150  no longer meets the criteria, the state land planning agency
  151  must maintain the municipality on the list and indicate the year
  152  the jurisdiction last met the criteria. However, any proposed
  153  development of regional impact not within the established
  154  boundaries of a municipality at the time the municipality last
  155  met the criteria must meet the requirements of this section
  156  until the municipality as a whole meets the criteria. Any county
  157  that meets the criteria must remain on the list. Any
  158  jurisdiction that was placed on the dense urban land area list
  159  before June 2, 2011, must remain on the list.
  160         (b)If a municipality that does not qualify as a dense
  161  urban land area pursuant to paragraph (a) designates any of the
  162  following areas in its comprehensive plan, any proposed
  163  development within the designated area is exempt from s. 380.06
  164  unless otherwise required by part II of chapter 163:
  165         1.Urban infill as defined in s. 163.3164;
  166         2.Community redevelopment areas as defined in s. 163.340;
  167         3.Downtown revitalization areas as defined in s. 163.3164;
  168         4.Urban infill and redevelopment under s. 163.2517; or
  169         5.Urban service areas as defined in s. 163.3164 or areas
  170  within a designated urban service area boundary pursuant to s.
  171  163.3177(14), Florida Statutes (2010).
  172         (c)If a county that does not qualify as a dense urban land
  173  area designates any of the following areas in its comprehensive
  174  plan, any proposed development within the designated area is
  175  exempt from the development-of-regional-impact process:
  176         1.Urban infill as defined in s. 163.3164;
  177         2.Urban infill and redevelopment pursuant to s. 163.2517;
  178  or
  179         3.Urban service areas as defined in s. 163.3164.
  180         (d)If any portion of a development is located in an area
  181  that is not exempt from review under s. 380.06, the development
  182  must undergo review pursuant to that section.