Florida Senate - 2018                                    SB 1244
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00962-18                                           20181244__
    1                        A bill to be entitled                      
    2         An act relating to developments of regional impact;
    3         amending s. 380.06, F.S.; revising the statewide
    4         guidelines and standards for developments of regional
    5         impact; deleting criteria that the Administration
    6         Commission is required to consider in adopting its
    7         guidelines and standards; revising provisions relating
    8         to the application of guidelines and standards;
    9         revising provisions relating to variations and
   10         thresholds for such guidelines and standards; deleting
   11         provisions relating to the issuance of binding
   12         letters; specifying that previously issued letters
   13         remain valid unless previously expired; specifying the
   14         procedure for amending a binding letter of
   15         interpretation; specifying that previously issued
   16         clearance letters remain valid unless previously
   17         expired; deleting provisions relating to
   18         authorizations to develop, applications for approval
   19         of development, concurrent plan amendments,
   20         preapplication procedures, preliminary development
   21         agreements, conceptual agency review, application
   22         sufficiency, local notice, regional reports, and
   23         criteria for the approval of developments inside and
   24         outside areas of critical state concern; revising
   25         provisions relating to local government development
   26         orders; specifying that amendments to a development
   27         order for an approved development may not alter the
   28         dates before which a development would be subject to
   29         downzoning, unit density reduction, or intensity
   30         reduction, except under certain conditions; removing a
   31         requirement that certain conditions of a development
   32         order meet specified criteria; specifying that
   33         construction of certain mitigation-of-impact
   34         facilities is not subject to competitive bidding or
   35         competitive negotiation for selection of a contractor
   36         or design professional; removing requirements relating
   37         to local government approval of developments of
   38         regional impact that do not meet certain requirements;
   39         removing a requirement that the Department of Economic
   40         Opportunity and other agencies cooperate in preparing
   41         certain ordinances; authorizing developers to record
   42         notice of certain rescinded development orders;
   43         specifying that certain agreements regarding
   44         developments that are essentially built out remain
   45         valid unless previously expired; deleting requirements
   46         for a local government to issue a permit for a
   47         development subsequent to the buildout date contained
   48         in the development order; specifying that amendments
   49         to development orders do not diminish or otherwise
   50         alter certain credits for a development order exaction
   51         or fee against impact fees, mobility fees, or
   52         exactions; deleting a provision relating to the
   53         determination of certain credits for impact fees or
   54         extractions; deleting a provision exempting a
   55         nongovernmental developer from being required to
   56         competitively bid or negotiate construction or design
   57         of certain facilities except under certain
   58         circumstances; specifying that certain capital
   59         contribution front-ending agreements remain valid
   60         unless previously expired; deleting a provision
   61         relating to local monitoring; revising requirements
   62         for developers regarding reporting to local
   63         governments and specifying that such reports are not
   64         required unless required by a local government with
   65         jurisdiction over a development; revising the
   66         requirements and procedure for proposed changes to a
   67         previously approved development of regional impact and
   68         deleting rulemaking requirements relating to such
   69         procedure; revising provisions relating to the
   70         approval of such changes; specifying that certain
   71         extensions previously granted by statute are still
   72         valid and not subject to review or modification;
   73         deleting provisions relating to determinations as to
   74         whether a proposed change is a substantial deviation;
   75         deleting provisions relating to comprehensive
   76         development-of-regional-impact applications and master
   77         plan development orders; specifying that certain
   78         agreements that include two or more developments of
   79         regional impact which were the subject of a
   80         comprehensive development-of-regional-impact
   81         application remain valid unless previously expired;
   82         deleting provisions relating to downtown development
   83         authorities; deleting provisions relating to adoption
   84         of rules by the state land planning agency; deleting
   85         statutory exemptions from development-of-regional
   86         impact review; specifying that an approval of an
   87         authorized developer for an areawide development of
   88         regional impact remains valid unless previously
   89         expired; deleting provisions relating to areawide
   90         developments of regional impact; deleting an
   91         authorization for the state land planning agency to
   92         adopt rules relating to abandonment of developments of
   93         regional impact; requiring local governments to file a
   94         notice of abandonment under certain conditions;
   95         deleting an authorization for the state land planning
   96         agency to adopt a procedure for filing such notice;
   97         requiring a development-of-regional-impact development
   98         order to be abandoned by a local government under
   99         certain conditions; deleting a provision relating to
  100         abandonment of developments of regional impact in
  101         certain high-hazard coastal areas; authorizing local
  102         governments to approve abandonment of development
  103         orders for an approved development under certain
  104         conditions; deleting a provision relating to rights,
  105         responsibilities, and obligations under a development
  106         order; deleting partial exemptions from development-of
  107         regional-impact review; deleting exemptions for dense
  108         urban land areas; specifying that proposed
  109         developments that exceed the statewide guidelines and
  110         standards and that are not otherwise exempt be
  111         approved by local governments instead of through
  112         specified development-of-regional-impact proceedings;
  113         amending s. 380.061, F.S.; specifying that the Florida
  114         Quality Developments program only applies to
  115         previously approved developments in the program before
  116         the effective date of the act; specifying a process
  117         for local governments to adopt a local development
  118         order to replace and supersede the development order
  119         adopted by the state land planning agency for the
  120         Florida Quality Developments; deleting program intent,
  121         eligibility requirements, rulemaking authorizations,
  122         and application and approval requirements and
  123         processes; deleting an appeals process and the Quality
  124         Developments Review Board; amending s. 380.0651, F.S.;
  125         deleting provisions relating to the superseding of
  126         guidelines and standards adopted by the Administration
  127         Commission and the publishing of guidelines and
  128         standards by the Administration Commission; conforming
  129         a provision to changes made by the act; specifying
  130         exemptions and partial exemptions from development-of
  131         regional-impact review; deleting provisions relating
  132         to determining whether there is a unified plan of
  133         development; deleting provisions relating to the
  134         circumstances where developments should be aggregated;
  135         deleting a provision relating to prospective
  136         application of certain provisions; deleting a
  137         provision authorizing state land planning agencies to
  138         enter into agreements for the joint planning, sharing,
  139         or use of specified public infrastructure, facilities,
  140         or services by developers; deleting an authorization
  141         for the state land planning agency to adopt rules;
  142         amending s. 380.07, F.S.; deleting an authorization
  143         for the Florida Land and Water Adjudicatory Commission
  144         to adopt rules regarding the requirements for
  145         developments of regional impact; revising when a local
  146         government must transmit a development order to the
  147         state land planning agency, the regional planning
  148         agency, and the owner or developer of the property
  149         affected by such order; deleting a process for
  150         regional planning agencies to undertake appeals of
  151         development-of-regional-impact development orders;
  152         revising a process for appealing development orders
  153         for consistency with a local comprehensive plan to be
  154         available only for developments in areas of critical
  155         state concern; deleting a procedure regarding certain
  156         challenges to development orders relating to
  157         developments of regional impact; amending s. 380.115,
  158         F.S.; deleting a provision relating to changes in
  159         development-of-regional-impact guidelines and
  160         standards and the impact of such changes on vested
  161         rights, duties, and obligations pursuant to any
  162         development order or agreement; requiring local
  163         governments to monitor and enforce development orders
  164         and prohibiting local governments from issuing
  165         permits, approvals, or extensions of services if a
  166         developer does not act in substantial compliance with
  167         an order; deleting provisions relating to changes in
  168         development of regional impact guidelines and
  169         standards and their impact on the development approval
  170         process; amending s. 125.68, F.S.; conforming a cross
  171         reference; amending s. 163.3245, F.S.; conforming
  172         cross-references; conforming provisions to changes
  173         made by the act; revising the circumstances in which
  174         applicants who apply for master development approval
  175         for an entire planning area must remain subject to a
  176         master development order; specifying an exception;
  177         deleting a provision relating to the level of review
  178         for applications for master development approval;
  179         amending s. 163.3246, F.S.; deleting a provision under
  180         which certain developments of regional impact proposed
  181         within a certified area are exempt from development
  182         of-regional-impact review; conforming provisions to
  183         changes made by the act; conforming cross-references;
  184         amending s. 189.08, F.S.; conforming a cross
  185         reference; conforming a provision to changes made by
  186         the act; amending s. 190.005, F.S.; conforming cross
  187         references; amending ss. 190.012 and 252.363, F.S.;
  188         conforming cross-references; amending s. 369.303,
  189         F.S.; conforming a provision to changes made by the
  190         act; amending ss. 369.307, 373.236, and 373.414, F.S.;
  191         conforming cross-references; amending s. 378.601,
  192         F.S.; conforming a provision to changes made by the
  193         act; repealing s. 380.065, F.S., relating to a process
  194         to allow local governments to request certification to
  195         review developments of regional impact that are
  196         located within their jurisdictions in lieu of the
  197         regional review requirements; amending ss. 380.11 and
  198         403.524, F.S.; conforming cross-references; repealing
  199         specified rules regarding uniform review of
  200         developments of regional impact by the state land
  201         planning agency and regional planning agencies;
  202         repealing the rules adopted by the Administration
  203         Commission regarding whether two or more developments,
  204         represented by their owners or developers to be
  205         separate developments, shall be aggregated; providing
  206         a directive to the Division of Law Revision and
  207         Information; providing an effective date.
  208          
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. Section 380.06, Florida Statutes, is amended to
  212  read:
  213         380.06 Developments of regional impact.—
  214         (1) DEFINITION.—The term “development of regional impact,”
  215  as used in this section, means any development that which,
  216  because of its character, magnitude, or location, would have a
  217  substantial effect upon the health, safety, or welfare of
  218  citizens of more than one county.
  219         (2) STATEWIDE GUIDELINES AND STANDARDS.—
  220         (a) The statewide guidelines and standards and the
  221  exemptions specified in s. 380.0651 and the statewide guidelines
  222  and standards adopted by the Administration Commission and
  223  codified in chapter 28-24, Florida Administrative Code, must be
  224  state land planning agency shall recommend to the Administration
  225  Commission specific statewide guidelines and standards for
  226  adoption pursuant to this subsection. The Administration
  227  Commission shall by rule adopt statewide guidelines and
  228  standards to be used in determining whether particular
  229  developments are subject to the requirements of subsection (12)
  230  shall undergo development-of-regional-impact review. The
  231  statewide guidelines and standards previously adopted by the
  232  Administration Commission and approved by the Legislature shall
  233  remain in effect unless revised pursuant to this section or
  234  superseded or repealed by statute by other provisions of law.
  235         (b) In adopting its guidelines and standards, the
  236  Administration Commission shall consider and shall be guided by:
  237         1. The extent to which the development would create or
  238  alleviate environmental problems such as air or water pollution
  239  or noise.
  240         2. The amount of pedestrian or vehicular traffic likely to
  241  be generated.
  242         3. The number of persons likely to be residents, employees,
  243  or otherwise present.
  244         4. The size of the site to be occupied.
  245         5. The likelihood that additional or subsidiary development
  246  will be generated.
  247         6. The extent to which the development would create an
  248  additional demand for, or additional use of, energy, including
  249  the energy requirements of subsidiary developments.
  250         7. The unique qualities of particular areas of the state.
  251         (c) With regard to the changes in the guidelines and
  252  standards authorized pursuant to this act, in determining
  253  whether a proposed development must comply with the review
  254  requirements of this section, the state land planning agency
  255  shall apply the guidelines and standards which were in effect
  256  when the developer received authorization to commence
  257  development from the local government. If a developer has not
  258  received authorization to commence development from the local
  259  government prior to the effective date of new or amended
  260  guidelines and standards, the new or amended guidelines and
  261  standards shall apply.
  262         (d) The statewide guidelines and standards shall be applied
  263  as follows:
  264         (a)1. Fixed thresholds.—
  265         a. A development that is below 100 percent of all numerical
  266  thresholds in the statewide guidelines and standards is not
  267  subject to subsection (12) is not required to undergo
  268  development-of-regional-impact review.
  269         (b)b. A development that is at or above 100 120 percent of
  270  any numerical threshold in the statewide guidelines and
  271  standards is subject to subsection (12) shall be required to
  272  undergo development-of-regional-impact review.
  273         c. Projects certified under s. 403.973 which create at
  274  least 100 jobs and meet the criteria of the Department of
  275  Economic Opportunity as to their impact on an area’s economy,
  276  employment, and prevailing wage and skill levels that are at or
  277  below 100 percent of the numerical thresholds for industrial
  278  plants, industrial parks, distribution, warehousing or
  279  wholesaling facilities, office development or multiuse projects
  280  other than residential, as described in s. 380.0651(3)(c) and
  281  (f) are not required to undergo development-of-regional-impact
  282  review.
  283         2. Rebuttable presumption.—It shall be presumed that a
  284  development that is at 100 percent or between 100 and 120
  285  percent of a numerical threshold shall be required to undergo
  286  development-of-regional-impact review.
  287         (e) With respect to residential, hotel, motel, office, and
  288  retail developments, the applicable guidelines and standards
  289  shall be increased by 50 percent in urban central business
  290  districts and regional activity centers of jurisdictions whose
  291  local comprehensive plans are in compliance with part II of
  292  chapter 163. With respect to multiuse developments, the
  293  applicable individual use guidelines and standards for
  294  residential, hotel, motel, office, and retail developments and
  295  multiuse guidelines and standards shall be increased by 100
  296  percent in urban central business districts and regional
  297  activity centers of jurisdictions whose local comprehensive
  298  plans are in compliance with part II of chapter 163, if one land
  299  use of the multiuse development is residential and amounts to
  300  not less than 35 percent of the jurisdiction’s applicable
  301  residential threshold. With respect to resort or convention
  302  hotel developments, the applicable guidelines and standards
  303  shall be increased by 150 percent in urban central business
  304  districts and regional activity centers of jurisdictions whose
  305  local comprehensive plans are in compliance with part II of
  306  chapter 163 and where the increase is specifically for a
  307  proposed resort or convention hotel located in a county with a
  308  population greater than 500,000 and the local government
  309  specifically designates that the proposed resort or convention
  310  hotel development will serve an existing convention center of
  311  more than 250,000 gross square feet built before July 1, 1992.
  312  The applicable guidelines and standards shall be increased by
  313  150 percent for development in any area designated by the
  314  Governor as a rural area of opportunity pursuant to s. 288.0656
  315  during the effectiveness of the designation.
  316         (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
  317  STANDARDS.—The state land planning agency, a regional planning
  318  agency, or a local government may petition the Administration
  319  Commission to increase or decrease the numerical thresholds of
  320  any statewide guideline and standard. The state land planning
  321  agency or the regional planning agency may petition for an
  322  increase or decrease for a particular local government’s
  323  jurisdiction or a part of a particular jurisdiction. A local
  324  government may petition for an increase or decrease within its
  325  jurisdiction or a part of its jurisdiction. A number of requests
  326  may be combined in a single petition.
  327         (a) When a petition is filed, the state land planning
  328  agency shall have no more than 180 days to prepare and submit to
  329  the Administration Commission a report and recommendations on
  330  the proposed variation. The report shall evaluate, and the
  331  Administration Commission shall consider, the following
  332  criteria:
  333         1. Whether the local government has adopted and effectively
  334  implemented a comprehensive plan that reflects and implements
  335  the goals and objectives of an adopted state comprehensive plan.
  336         2. Any applicable policies in an adopted strategic regional
  337  policy plan.
  338         3. Whether the local government has adopted and effectively
  339  implemented both a comprehensive set of land development
  340  regulations, which regulations shall include a planned unit
  341  development ordinance, and a capital improvements plan that are
  342  consistent with the local government comprehensive plan.
  343         4. Whether the local government has adopted and effectively
  344  implemented the authority and the fiscal mechanisms for
  345  requiring developers to meet development order conditions.
  346         5. Whether the local government has adopted and effectively
  347  implemented and enforced satisfactory development review
  348  procedures.
  349         (b) The affected regional planning agency, adjoining local
  350  governments, and the local government shall be given a
  351  reasonable opportunity to submit recommendations to the
  352  Administration Commission regarding any such proposed
  353  variations.
  354         (c) The Administration Commission shall have authority to
  355  increase or decrease a threshold in the statewide guidelines and
  356  standards up to 50 percent above or below the statewide
  357  presumptive threshold. The commission may from time to time
  358  reconsider changed thresholds and make additional variations as
  359  it deems necessary.
  360         (d) The Administration Commission shall adopt rules setting
  361  forth the procedures for submission and review of petitions
  362  filed pursuant to this subsection.
  363         (e) Variations to guidelines and standards adopted by the
  364  Administration Commission under this subsection shall be
  365  transmitted on or before March 1 to the President of the Senate
  366  and the Speaker of the House of Representatives for presentation
  367  at the next regular session of the Legislature. Unless approved
  368  as submitted by general law, the revisions shall not become
  369  effective.
  370         (3)(4) BINDING LETTER.—
  371         (a) Any binding letter previously issued to a developer by
  372  the state land planning agency as to If any developer is in
  373  doubt whether his or her proposed development must undergo
  374  development-of-regional-impact review under the guidelines and
  375  standards, whether his or her rights have vested pursuant to
  376  subsection (8) (20), or whether a proposed substantial change to
  377  a development of regional impact concerning which rights had
  378  previously vested pursuant to subsection (8) (20) would divest
  379  such rights, remains valid unless it expired on or before the
  380  effective date of this act the developer may request a
  381  determination from the state land planning agency. The developer
  382  or the appropriate local government having jurisdiction may
  383  request that the state land planning agency determine whether
  384  the amount of development that remains to be built in an
  385  approved development of regional impact meets the criteria of
  386  subparagraph (15)(g)3.
  387         (b) Upon a request by the developer, a binding letter of
  388  interpretation regarding which rights had previously vested in a
  389  development of regional impact may be amended by the local
  390  government of jurisdiction, based on standards and procedures in
  391  the adopted local comprehensive plan or the adopted local land
  392  development code, to reflect a change to the plan of development
  393  and modification of vested rights, provided that any such
  394  amendment to a binding letter of vested rights must be
  395  consistent with s. 163.3167(5). Review of a request for an
  396  amendment to a binding letter of vested rights may not include a
  397  review of the impacts created by previously vested portions of
  398  the development Unless a developer waives the requirements of
  399  this paragraph by agreeing to undergo development-of-regional
  400  impact review pursuant to this section, the state land planning
  401  agency or local government with jurisdiction over the land on
  402  which a development is proposed may require a developer to
  403  obtain a binding letter if the development is at a presumptive
  404  numerical threshold or up to 20 percent above a numerical
  405  threshold in the guidelines and standards.
  406         (c) Any local government may petition the state land
  407  planning agency to require a developer of a development located
  408  in an adjacent jurisdiction to obtain a binding letter of
  409  interpretation. The petition shall contain facts to support a
  410  finding that the development as proposed is a development of
  411  regional impact. This paragraph shall not be construed to grant
  412  standing to the petitioning local government to initiate an
  413  administrative or judicial proceeding pursuant to this chapter.
  414         (d) A request for a binding letter of interpretation shall
  415  be in writing and in such form and content as prescribed by the
  416  state land planning agency. Within 15 days of receiving an
  417  application for a binding letter of interpretation or a
  418  supplement to a pending application, the state land planning
  419  agency shall determine and notify the applicant whether the
  420  information in the application is sufficient to enable the
  421  agency to issue a binding letter or shall request any additional
  422  information needed. The applicant shall either provide the
  423  additional information requested or shall notify the state land
  424  planning agency in writing that the information will not be
  425  supplied and the reasons therefor. If the applicant does not
  426  respond to the request for additional information within 120
  427  days, the application for a binding letter of interpretation
  428  shall be deemed to be withdrawn. Within 35 days after
  429  acknowledging receipt of a sufficient application, or of
  430  receiving notification that the information will not be
  431  supplied, the state land planning agency shall issue a binding
  432  letter of interpretation with respect to the proposed
  433  development. A binding letter of interpretation issued by the
  434  state land planning agency shall bind all state, regional, and
  435  local agencies, as well as the developer.
  436         (e) In determining whether a proposed substantial change to
  437  a development of regional impact concerning which rights had
  438  previously vested pursuant to subsection (20) would divest such
  439  rights, the state land planning agency shall review the proposed
  440  change within the context of:
  441         1. Criteria specified in paragraph (19)(b);
  442         2. Its conformance with any adopted state comprehensive
  443  plan and any rules of the state land planning agency;
  444         3. All rights and obligations arising out of the vested
  445  status of such development;
  446         4. Permit conditions or requirements imposed by the
  447  Department of Environmental Protection or any water management
  448  district created by s. 373.069 or any of their successor
  449  agencies or by any appropriate federal regulatory agency; and
  450         5. Any regional impacts arising from the proposed change.
  451         (f) If a proposed substantial change to a development of
  452  regional impact concerning which rights had previously vested
  453  pursuant to subsection (20) would result in reduced regional
  454  impacts, the change shall not divest rights to complete the
  455  development pursuant to subsection (20). Furthermore, where all
  456  or a portion of the development of regional impact for which
  457  rights had previously vested pursuant to subsection (20) is
  458  demolished and reconstructed within the same approximate
  459  footprint of buildings and parking lots, so that any change in
  460  the size of the development does not exceed the criteria of
  461  paragraph (19)(b), such demolition and reconstruction shall not
  462  divest the rights which had vested.
  463         (c)(g) Every binding letter determining that a proposed
  464  development is not a development of regional impact, but not
  465  including binding letters of vested rights or of modification of
  466  vested rights, shall expire and become void unless the plan of
  467  development has been substantially commenced within:
  468         1. Three years from October 1, 1985, for binding letters
  469  issued prior to the effective date of this act; or
  470         2. Three years from the date of issuance of binding letters
  471  issued on or after October 1, 1985.
  472         (d)(h) The expiration date of a binding letter begins,
  473  established pursuant to paragraph (g), shall begin to run after
  474  final disposition of all administrative and judicial appeals of
  475  the binding letter and may be extended by mutual agreement of
  476  the state land planning agency, the local government of
  477  jurisdiction, and the developer.
  478         (e)(i)In response to an inquiry from a developer or the
  479  appropriate local government having jurisdiction, the state land
  480  planning agency may issue An informal determination by the state
  481  land planning agency, in the form of a clearance letter as to
  482  whether a development is required to undergo development-of
  483  regional-impact review or whether the amount of development that
  484  remains to be built in an approved development of regional
  485  impact, remains valid unless it expired on or before the
  486  effective date of this act meets the criteria of subparagraph
  487  (15)(g)3. A clearance letter may be based solely on the
  488  information provided by the developer, and the state land
  489  planning agency is not required to conduct an investigation of
  490  that information. If any material information provided by the
  491  developer is incomplete or inaccurate, the clearance letter is
  492  not binding upon the state land planning agency. A clearance
  493  letter does not constitute final agency action.
  494         (5) AUTHORIZATION TO DEVELOP.—
  495         (a)1. A developer who is required to undergo development
  496  of-regional-impact review may undertake a development of
  497  regional impact if the development has been approved under the
  498  requirements of this section.
  499         2. If the land on which the development is proposed is
  500  within an area of critical state concern, the development must
  501  also be approved under the requirements of s. 380.05.
  502         (b) State or regional agencies may inquire whether a
  503  proposed project is undergoing or will be required to undergo
  504  development-of-regional-impact review. If a project is
  505  undergoing or will be required to undergo development-of
  506  regional-impact review, any state or regional permit necessary
  507  for the construction or operation of the project that is valid
  508  for 5 years or less shall take effect, and the period of time
  509  for which the permit is valid shall begin to run, upon
  510  expiration of the time allowed for an administrative appeal of
  511  the development or upon final action following an administrative
  512  appeal or judicial review, whichever is later. However, if the
  513  application for development approval is not filed within 18
  514  months after the issuance of the permit, the time of validity of
  515  the permit shall be considered to be from the date of issuance
  516  of the permit. If a project is required to obtain a binding
  517  letter under subsection (4), any state or regional agency permit
  518  necessary for the construction or operation of the project that
  519  is valid for 5 years or less shall take effect, and the period
  520  of time for which the permit is valid shall begin to run, only
  521  after the developer obtains a binding letter stating that the
  522  project is not required to undergo development-of-regional
  523  impact review or after the developer obtains a development order
  524  pursuant to this section.
  525         (c) Prior to the issuance of a final development order, the
  526  developer may elect to be bound by the rules adopted pursuant to
  527  chapters 373 and 403 in effect when such development order is
  528  issued. The rules adopted pursuant to chapters 373 and 403 in
  529  effect at the time such development order is issued shall be
  530  applicable to all applications for permits pursuant to those
  531  chapters and which are necessary for and consistent with the
  532  development authorized in such development order, except that a
  533  later adopted rule shall be applicable to an application if:
  534         1. The later adopted rule is determined by the rule
  535  adopting agency to be essential to the public health, safety, or
  536  welfare;
  537         2. The later adopted rule is adopted pursuant to s.
  538  403.061(27);
  539         3. The later adopted rule is being adopted pursuant to a
  540  subsequently enacted statutorily mandated program;
  541         4. The later adopted rule is mandated in order for the
  542  state to maintain delegation of a federal program; or
  543         5. The later adopted rule is required by state or federal
  544  law.
  545         (d) The provision of day care service facilities in
  546  developments approved pursuant to this section is permissible
  547  but is not required.
  548  
  549  Further, in order for any developer to apply for permits
  550  pursuant to this provision, the application must be filed within
  551  5 years from the issuance of the final development order and the
  552  permit shall not be effective for more than 8 years from the
  553  issuance of the final development order. Nothing in this
  554  paragraph shall be construed to alter or change any permitting
  555  agency’s authority to approve permits or to determine applicable
  556  criteria for longer periods of time.
  557         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  558  PLAN AMENDMENTS.—
  559         (a) Prior to undertaking any development, a developer that
  560  is required to undergo development-of-regional-impact review
  561  shall file an application for development approval with the
  562  appropriate local government having jurisdiction. The
  563  application shall contain, in addition to such other matters as
  564  may be required, a statement that the developer proposes to
  565  undertake a development of regional impact as required under
  566  this section.
  567         (b) Any local government comprehensive plan amendments
  568  related to a proposed development of regional impact, including
  569  any changes proposed under subsection (19), may be initiated by
  570  a local planning agency or the developer and must be considered
  571  by the local governing body at the same time as the application
  572  for development approval using the procedures provided for local
  573  plan amendment in s. 163.3184 and applicable local ordinances,
  574  without regard to local limits on the frequency of consideration
  575  of amendments to the local comprehensive plan. This paragraph
  576  does not require favorable consideration of a plan amendment
  577  solely because it is related to a development of regional
  578  impact. The procedure for processing such comprehensive plan
  579  amendments is as follows:
  580         1. If a developer seeks a comprehensive plan amendment
  581  related to a development of regional impact, the developer must
  582  so notify in writing the regional planning agency, the
  583  applicable local government, and the state land planning agency
  584  no later than the date of preapplication conference or the
  585  submission of the proposed change under subsection (19).
  586         2. When filing the application for development approval or
  587  the proposed change, the developer must include a written
  588  request for comprehensive plan amendments that would be
  589  necessitated by the development-of-regional-impact approvals
  590  sought. That request must include data and analysis upon which
  591  the applicable local government can determine whether to
  592  transmit the comprehensive plan amendment pursuant to s.
  593  163.3184.
  594         3. The local government must advertise a public hearing on
  595  the transmittal within 30 days after filing the application for
  596  development approval or the proposed change and must make a
  597  determination on the transmittal within 60 days after the
  598  initial filing unless that time is extended by the developer.
  599         4. If the local government approves the transmittal,
  600  procedures set forth in s. 163.3184 must be followed.
  601         5. Notwithstanding subsection (11) or subsection (19), the
  602  local government may not hold a public hearing on the
  603  application for development approval or the proposed change or
  604  on the comprehensive plan amendments sooner than 30 days after
  605  reviewing agency comments are due to the local government
  606  pursuant to s. 163.3184.
  607         6. The local government must hear both the application for
  608  development approval or the proposed change and the
  609  comprehensive plan amendments at the same hearing. However, the
  610  local government must take action separately on the application
  611  for development approval or the proposed change and on the
  612  comprehensive plan amendments.
  613         7. Thereafter, the appeal process for the local government
  614  development order must follow the provisions of s. 380.07, and
  615  the compliance process for the comprehensive plan amendments
  616  must follow the provisions of s. 163.3184.
  617         (7) PREAPPLICATION PROCEDURES.—
  618         (a) Before filing an application for development approval,
  619  the developer shall contact the regional planning agency having
  620  jurisdiction over the proposed development to arrange a
  621  preapplication conference. Upon the request of the developer or
  622  the regional planning agency, other affected state and regional
  623  agencies shall participate in this conference and shall identify
  624  the types of permits issued by the agencies, the level of
  625  information required, and the permit issuance procedures as
  626  applied to the proposed development. The levels of service
  627  required in the transportation methodology shall be the same
  628  levels of service used to evaluate concurrency in accordance
  629  with s. 163.3180. The regional planning agency shall provide the
  630  developer information about the development-of-regional-impact
  631  process and the use of preapplication conferences to identify
  632  issues, coordinate appropriate state and local agency
  633  requirements, and otherwise promote a proper and efficient
  634  review of the proposed development. If an agreement is reached
  635  regarding assumptions and methodology to be used in the
  636  application for development approval, the reviewing agencies may
  637  not subsequently object to those assumptions and methodologies
  638  unless subsequent changes to the project or information obtained
  639  during the review make those assumptions and methodologies
  640  inappropriate. The reviewing agencies may make only
  641  recommendations or comments regarding a proposed development
  642  which are consistent with the statutes, rules, or adopted local
  643  government ordinances that are applicable to developments in the
  644  jurisdiction where the proposed development is located.
  645         (b) The regional planning agency shall establish by rule a
  646  procedure by which a developer may enter into binding written
  647  agreements with the regional planning agency to eliminate
  648  questions from the application for development approval when
  649  those questions are found to be unnecessary for development-of
  650  regional-impact review. It is the legislative intent of this
  651  subsection to encourage reduction of paperwork, to discourage
  652  unnecessary gathering of data, and to encourage the coordination
  653  of the development-of-regional-impact review process with
  654  federal, state, and local environmental reviews when such
  655  reviews are required by law.
  656         (c) If the application for development approval is not
  657  submitted within 1 year after the date of the preapplication
  658  conference, the regional planning agency, the local government
  659  having jurisdiction, or the applicant may request that another
  660  preapplication conference be held.
  661         (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
  662         (a) A developer may enter into a written preliminary
  663  development agreement with the state land planning agency to
  664  allow a developer to proceed with a limited amount of the total
  665  proposed development, subject to all other governmental
  666  approvals and solely at the developer’s own risk, prior to
  667  issuance of a final development order. All owners of the land in
  668  the total proposed development shall join the developer as
  669  parties to the agreement. Each agreement shall include and be
  670  subject to the following conditions:
  671         1. The developer shall comply with the preapplication
  672  conference requirements pursuant to subsection (7) within 45
  673  days after the execution of the agreement.
  674         2. The developer shall file an application for development
  675  approval for the total proposed development within 3 months
  676  after execution of the agreement, unless the state land planning
  677  agency agrees to a different time for good cause shown. Failure
  678  to timely file an application and to otherwise diligently
  679  proceed in good faith to obtain a final development order shall
  680  constitute a breach of the preliminary development agreement.
  681         3. The agreement shall include maps and legal descriptions
  682  of both the preliminary development area and the total proposed
  683  development area and shall specifically describe the preliminary
  684  development in terms of magnitude and location. The area
  685  approved for preliminary development must be included in the
  686  application for development approval and shall be subject to the
  687  terms and conditions of the final development order.
  688         4. The preliminary development shall be limited to lands
  689  that the state land planning agency agrees are suitable for
  690  development and shall only be allowed in areas where adequate
  691  public infrastructure exists to accommodate the preliminary
  692  development, when such development will utilize public
  693  infrastructure. The developer must also demonstrate that the
  694  preliminary development will not result in material adverse
  695  impacts to existing resources or existing or planned facilities.
  696         5. The preliminary development agreement may allow
  697  development which is:
  698         a. Less than 100 percent of any applicable threshold if the
  699  developer demonstrates that such development is consistent with
  700  subparagraph 4.; or
  701         b. Less than 120 percent of any applicable threshold if the
  702  developer demonstrates that such development is part of a
  703  proposed downtown development of regional impact specified in
  704  subsection (22) or part of any areawide development of regional
  705  impact specified in subsection (25) and that the development is
  706  consistent with subparagraph 4.
  707         6. The developer and owners of the land may not claim
  708  vested rights, or assert equitable estoppel, arising from the
  709  agreement or any expenditures or actions taken in reliance on
  710  the agreement to continue with the total proposed development
  711  beyond the preliminary development. The agreement shall not
  712  entitle the developer to a final development order approving the
  713  total proposed development or to particular conditions in a
  714  final development order.
  715         7. The agreement shall not prohibit the regional planning
  716  agency from reviewing or commenting on any regional issue that
  717  the regional agency determines should be included in the
  718  regional agency’s report on the application for development
  719  approval.
  720         8. The agreement shall include a disclosure by the
  721  developer and all the owners of the land in the total proposed
  722  development of all land or development within 5 miles of the
  723  total proposed development in which they have an interest and
  724  shall describe such interest.
  725         9. In the event of a breach of the agreement or failure to
  726  comply with any condition of the agreement, or if the agreement
  727  was based on materially inaccurate information, the state land
  728  planning agency may terminate the agreement or file suit to
  729  enforce the agreement as provided in this section and s. 380.11,
  730  including a suit to enjoin all development.
  731         10. A notice of the preliminary development agreement shall
  732  be recorded by the developer in accordance with s. 28.222 with
  733  the clerk of the circuit court for each county in which land
  734  covered by the terms of the agreement is located. The notice
  735  shall include a legal description of the land covered by the
  736  agreement and shall state the parties to the agreement, the date
  737  of adoption of the agreement and any subsequent amendments, the
  738  location where the agreement may be examined, and that the
  739  agreement constitutes a land development regulation applicable
  740  to portions of the land covered by the agreement. The provisions
  741  of the agreement shall inure to the benefit of and be binding
  742  upon successors and assigns of the parties in the agreement.
  743         11. Except for those agreements which authorize preliminary
  744  development for substantial deviations pursuant to subsection
  745  (19), a developer who no longer wishes to pursue a development
  746  of regional impact may propose to abandon any preliminary
  747  development agreement executed after January 1, 1985, including
  748  those pursuant to s. 380.032(3), provided at the time of
  749  abandonment:
  750         a. A final development order under this section has been
  751  rendered that approves all of the development actually
  752  constructed; or
  753         b. The amount of development is less than 100 percent of
  754  all numerical thresholds of the guidelines and standards, and
  755  the state land planning agency determines in writing that the
  756  development to date is in compliance with all applicable local
  757  regulations and the terms and conditions of the preliminary
  758  development agreement and otherwise adequately mitigates for the
  759  impacts of the development to date.
  760  
  761  In either event, when a developer proposes to abandon said
  762  agreement, the developer shall give written notice and state
  763  that he or she is no longer proposing a development of regional
  764  impact and provide adequate documentation that he or she has met
  765  the criteria for abandonment of the agreement to the state land
  766  planning agency. Within 30 days of receipt of adequate
  767  documentation of such notice, the state land planning agency
  768  shall make its determination as to whether or not the developer
  769  meets the criteria for abandonment. Once the state land planning
  770  agency determines that the developer meets the criteria for
  771  abandonment, the state land planning agency shall issue a notice
  772  of abandonment which shall be recorded by the developer in
  773  accordance with s. 28.222 with the clerk of the circuit court
  774  for each county in which land covered by the terms of the
  775  agreement is located.
  776         (b) The state land planning agency may enter into other
  777  types of agreements to effectuate the provisions of this act as
  778  provided in s. 380.032.
  779         (c) The provisions of this subsection shall also be
  780  available to a developer who chooses to seek development
  781  approval of a Florida Quality Development pursuant to s.
  782  380.061.
  783         (9) CONCEPTUAL AGENCY REVIEW.—
  784         (a)1. In order to facilitate the planning and preparation
  785  of permit applications for projects that undergo development-of
  786  regional-impact review, and in order to coordinate the
  787  information required to issue such permits, a developer may
  788  elect to request conceptual agency review under this subsection
  789  either concurrently with development-of-regional-impact review
  790  and comprehensive plan amendments, if applicable, or subsequent
  791  to a preapplication conference held pursuant to subsection (7).
  792         2. “Conceptual agency review” means general review of the
  793  proposed location, densities, intensity of use, character, and
  794  major design features of a proposed development required to
  795  undergo review under this section for the purpose of considering
  796  whether these aspects of the proposed development comply with
  797  the issuing agency’s statutes and rules.
  798         3. Conceptual agency review is a licensing action subject
  799  to chapter 120, and approval or denial constitutes final agency
  800  action, except that the 90-day time period specified in s.
  801  120.60(1) shall be tolled for the agency when the affected
  802  regional planning agency requests information from the developer
  803  pursuant to paragraph (10)(b). If proposed agency action on the
  804  conceptual approval is the subject of a proceeding under ss.
  805  120.569 and 120.57, final agency action shall be conclusive as
  806  to any issues actually raised and adjudicated in the proceeding,
  807  and such issues may not be raised in any subsequent proceeding
  808  under ss. 120.569 and 120.57 on the proposed development by any
  809  parties to the prior proceeding.
  810         4. A conceptual agency review approval shall be valid for
  811  up to 10 years, unless otherwise provided in a state or regional
  812  agency rule, and may be reviewed and reissued for additional
  813  periods of time under procedures established by the agency.
  814         (b) The Department of Environmental Protection, each water
  815  management district, and each other state or regional agency
  816  that requires construction or operation permits shall establish
  817  by rule a set of procedures necessary for conceptual agency
  818  review for the following permitting activities within their
  819  respective regulatory jurisdictions:
  820         1. The construction and operation of potential sources of
  821  water pollution, including industrial wastewater, domestic
  822  wastewater, and stormwater.
  823         2. Dredging and filling activities.
  824         3. The management and storage of surface waters.
  825         4. The construction and operation of works of the district,
  826  only if a conceptual agency review approval is requested under
  827  subparagraph 3.
  828  
  829  Any state or regional agency may establish rules for conceptual
  830  agency review for any other permitting activities within its
  831  respective regulatory jurisdiction.
  832         (c)1. Each agency participating in conceptual agency
  833  reviews shall determine and establish by rule its information
  834  and application requirements and furnish these requirements to
  835  the state land planning agency and to any developer seeking
  836  conceptual agency review under this subsection.
  837         2. Each agency shall cooperate with the state land planning
  838  agency to standardize, to the extent possible, review
  839  procedures, data requirements, and data collection methodologies
  840  among all participating agencies, consistent with the
  841  requirements of the statutes that establish the permitting
  842  programs for each agency.
  843         (d) At the conclusion of the conceptual agency review, the
  844  agency shall give notice of its proposed agency action as
  845  required by s. 120.60(3) and shall forward a copy of the notice
  846  to the appropriate regional planning council with a report
  847  setting out the agency’s conclusions on potential development
  848  impacts and stating whether the agency intends to grant
  849  conceptual approval, with or without conditions, or to deny
  850  conceptual approval. If the agency intends to deny conceptual
  851  approval, the report shall state the reasons therefor. The
  852  agency may require the developer to publish notice of proposed
  853  agency action in accordance with s. 403.815.
  854         (e) An agency’s decision to grant conceptual approval shall
  855  not relieve the developer of the requirement to obtain a permit
  856  and to meet the standards for issuance of a construction or
  857  operation permit or to meet the agency’s information
  858  requirements for such a permit. Nevertheless, there shall be a
  859  rebuttable presumption that the developer is entitled to receive
  860  a construction or operation permit for an activity for which the
  861  agency granted conceptual review approval, to the extent that
  862  the project for which the applicant seeks a permit is in
  863  accordance with the conceptual approval and with the agency’s
  864  standards and criteria for issuing a construction or operation
  865  permit. The agency may revoke or appropriately modify a valid
  866  conceptual approval if the agency shows:
  867         1. That an applicant or his or her agent has submitted
  868  materially false or inaccurate information in the application
  869  for conceptual approval;
  870         2. That the developer has violated a condition of the
  871  conceptual approval; or
  872         3. That the development will cause a violation of the
  873  agency’s applicable laws or rules.
  874         (f) Nothing contained in this subsection shall modify or
  875  abridge the law of vested rights or estoppel.
  876         (g) Nothing contained in this subsection shall be construed
  877  to preclude an agency from adopting rules for conceptual review
  878  for developments which are not developments of regional impact.
  879         (10) APPLICATION; SUFFICIENCY.—
  880         (a) When an application for development approval is filed
  881  with a local government, the developer shall also send copies of
  882  the application to the appropriate regional planning agency and
  883  the state land planning agency.
  884         (b) If a regional planning agency determines that the
  885  application for development approval is insufficient for the
  886  agency to discharge its responsibilities under subsection (12),
  887  it shall provide in writing to the appropriate local government
  888  and the applicant a statement of any additional information
  889  desired within 30 days of the receipt of the application by the
  890  regional planning agency. The applicant may supply the
  891  information requested by the regional planning agency and shall
  892  communicate its intention to do so in writing to the appropriate
  893  local government and the regional planning agency within 5
  894  working days of the receipt of the statement requesting such
  895  information, or the applicant shall notify the appropriate local
  896  government and the regional planning agency in writing that the
  897  requested information will not be supplied. Within 30 days after
  898  receipt of such additional information, the regional planning
  899  agency shall review it and may request only that information
  900  needed to clarify the additional information or to answer new
  901  questions raised by, or directly related to, the additional
  902  information. The regional planning agency may request additional
  903  information no more than twice, unless the developer waives this
  904  limitation. If an applicant does not provide the information
  905  requested by a regional planning agency within 120 days of its
  906  request, or within a time agreed upon by the applicant and the
  907  regional planning agency, the application shall be considered
  908  withdrawn.
  909         (c) The regional planning agency shall notify the local
  910  government that a public hearing date may be set when the
  911  regional planning agency determines that the application is
  912  sufficient or when it receives notification from the developer
  913  that the additional requested information will not be supplied,
  914  as provided for in paragraph (b).
  915         (11) LOCAL NOTICE.—Upon receipt of the sufficiency
  916  notification from the regional planning agency required by
  917  paragraph (10)(c), the appropriate local government shall give
  918  notice and hold a public hearing on the application in the same
  919  manner as for a rezoning as provided under the appropriate
  920  special or local law or ordinance, except that such hearing
  921  proceedings shall be recorded by tape or a certified court
  922  reporter and made available for transcription at the expense of
  923  any interested party. When a development of regional impact is
  924  proposed within the jurisdiction of more than one local
  925  government, the local governments, at the request of the
  926  developer, may hold a joint public hearing. The local government
  927  shall comply with the following additional requirements:
  928         (a) The notice of public hearing shall state that the
  929  proposed development is undergoing a development-of-regional
  930  impact review.
  931         (b) The notice shall be published at least 60 days in
  932  advance of the hearing and shall specify where the information
  933  and reports on the development-of-regional-impact application
  934  may be reviewed.
  935         (c) The notice shall be given to the state land planning
  936  agency, to the applicable regional planning agency, to any state
  937  or regional permitting agency participating in a conceptual
  938  agency review process under subsection (9), and to such other
  939  persons as may have been designated by the state land planning
  940  agency as entitled to receive such notices.
  941         (d) A public hearing date shall be set by the appropriate
  942  local government at the next scheduled meeting. The public
  943  hearing shall be held no later than 90 days after issuance of
  944  notice by the regional planning agency that a public hearing may
  945  be set, unless an extension is requested by the applicant.
  946         (12) REGIONAL REPORTS.—
  947         (a) Within 50 days after receipt of the notice of public
  948  hearing required in paragraph (11)(c), the regional planning
  949  agency, if one has been designated for the area including the
  950  local government, shall prepare and submit to the local
  951  government a report and recommendations on the regional impact
  952  of the proposed development. In preparing its report and
  953  recommendations, the regional planning agency shall identify
  954  regional issues based upon the following review criteria and
  955  make recommendations to the local government on these regional
  956  issues, specifically considering whether, and the extent to
  957  which:
  958         1. The development will have a favorable or unfavorable
  959  impact on state or regional resources or facilities identified
  960  in the applicable state or regional plans. As used in this
  961  subsection, the term “applicable state plan” means the state
  962  comprehensive plan. As used in this subsection, the term
  963  “applicable regional plan” means an adopted strategic regional
  964  policy plan.
  965         2. The development will significantly impact adjacent
  966  jurisdictions. At the request of the appropriate local
  967  government, regional planning agencies may also review and
  968  comment upon issues that affect only the requesting local
  969  government.
  970         3. As one of the issues considered in the review in
  971  subparagraphs 1. and 2., the development will favorably or
  972  adversely affect the ability of people to find adequate housing
  973  reasonably accessible to their places of employment if the
  974  regional planning agency has adopted an affordable housing
  975  policy as part of its strategic regional policy plan. The
  976  determination should take into account information on factors
  977  that are relevant to the availability of reasonably accessible
  978  adequate housing. Adequate housing means housing that is
  979  available for occupancy and that is not substandard.
  980         (b) The regional planning agency report must contain
  981  recommendations that are consistent with the standards required
  982  by the applicable state permitting agencies or the water
  983  management district.
  984         (c) At the request of the regional planning agency, other
  985  appropriate agencies shall review the proposed development and
  986  shall prepare reports and recommendations on issues that are
  987  clearly within the jurisdiction of those agencies. Such agency
  988  reports shall become part of the regional planning agency
  989  report; however, the regional planning agency may attach
  990  dissenting views. When water management district and Department
  991  of Environmental Protection permits have been issued pursuant to
  992  chapter 373 or chapter 403, the regional planning council may
  993  comment on the regional implications of the permits but may not
  994  offer conflicting recommendations.
  995         (d) The regional planning agency shall afford the developer
  996  or any substantially affected party reasonable opportunity to
  997  present evidence to the regional planning agency head relating
  998  to the proposed regional agency report and recommendations.
  999         (e) If the location of a proposed development involves land
 1000  within the boundaries of multiple regional planning councils,
 1001  the state land planning agency shall designate a lead regional
 1002  planning council. The lead regional planning council shall
 1003  prepare the regional report.
 1004         (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
 1005  development is in an area of critical state concern, the local
 1006  government shall approve it only if it complies with the land
 1007  development regulations therefor under s. 380.05 and the
 1008  provisions of this section. The provisions of this section shall
 1009  not apply to developments in areas of critical state concern
 1010  which had pending applications and had been noticed or agendaed
 1011  by local government after September 1, 1985, and before October
 1012  1, 1985, for development order approval. In all such cases, the
 1013  state land planning agency may consider and address applicable
 1014  regional issues contained in subsection (12) as part of its
 1015  area-of-critical-state-concern review pursuant to ss. 380.05,
 1016  380.07, and 380.11.
 1017         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
 1018  the development is not located in an area of critical state
 1019  concern, in considering whether the development is approved,
 1020  denied, or approved subject to conditions, restrictions, or
 1021  limitations, the local government shall consider whether, and
 1022  the extent to which:
 1023         (a) The development is consistent with the local
 1024  comprehensive plan and local land development regulations.
 1025         (b) The development is consistent with the report and
 1026  recommendations of the regional planning agency submitted
 1027  pursuant to subsection (12).
 1028         (c) The development is consistent with the State
 1029  Comprehensive Plan. In consistency determinations, the plan
 1030  shall be construed and applied in accordance with s. 187.101(3).
 1031  
 1032  However, a local government may approve a change to a
 1033  development authorized as a development of regional impact if
 1034  the change has the effect of reducing the originally approved
 1035  height, density, or intensity of the development and if the
 1036  revised development would have been consistent with the
 1037  comprehensive plan in effect when the development was originally
 1038  approved. If the revised development is approved, the developer
 1039  may proceed as provided in s. 163.3167(5).
 1040         (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
 1041         (a) Notwithstanding any provision of any adopted local
 1042  comprehensive plan or adopted local government land development
 1043  regulation to the contrary, an amendment to a development order
 1044  for an approved development of regional impact adopted pursuant
 1045  to subsection (7) may not alter the appropriate local government
 1046  shall render a decision on the application within 30 days after
 1047  the hearing unless an extension is requested by the developer.
 1048         (b) When possible, local governments shall issue
 1049  development orders concurrently with any other local permits or
 1050  development approvals that may be applicable to the proposed
 1051  development.
 1052         (c) The development order shall include findings of fact
 1053  and conclusions of law consistent with subsections (13) and
 1054  (14). The development order:
 1055         1. Shall specify the monitoring procedures and the local
 1056  official responsible for assuring compliance by the developer
 1057  with the development order.
 1058         2. Shall establish compliance dates for the development
 1059  order, including a deadline for commencing physical development
 1060  and for compliance with conditions of approval or phasing
 1061  requirements, and shall include a buildout date that reasonably
 1062  reflects the time anticipated to complete the development.
 1063         3. Shall establish a date until which the local government
 1064  agrees that the approved development of regional impact will
 1065  shall not be subject to downzoning, unit density reduction, or
 1066  intensity reduction, unless the local government can demonstrate
 1067  that substantial changes in the conditions underlying the
 1068  approval of the development order have occurred or the
 1069  development order was based on substantially inaccurate
 1070  information provided by the developer or that the change is
 1071  clearly established by local government to be essential to the
 1072  public health, safety, or welfare. The date established pursuant
 1073  to this paragraph may not be subparagraph shall be no sooner
 1074  than the buildout date of the project.
 1075         4. Shall specify the requirements for the biennial report
 1076  designated under subsection (18), including the date of
 1077  submission, parties to whom the report is submitted, and
 1078  contents of the report, based upon the rules adopted by the
 1079  state land planning agency. Such rules shall specify the scope
 1080  of any additional local requirements that may be necessary for
 1081  the report.
 1082         5. May specify the types of changes to the development
 1083  which shall require submission for a substantial deviation
 1084  determination or a notice of proposed change under subsection
 1085  (19).
 1086         6. Shall include a legal description of the property.
 1087         (d) Conditions of a development order that require a
 1088  developer to contribute land for a public facility or construct,
 1089  expand, or pay for land acquisition or construction or expansion
 1090  of a public facility, or portion thereof, shall meet the
 1091  following criteria:
 1092         1. The need to construct new facilities or add to the
 1093  present system of public facilities must be reasonably
 1094  attributable to the proposed development.
 1095         2. Any contribution of funds, land, or public facilities
 1096  required from the developer shall be comparable to the amount of
 1097  funds, land, or public facilities that the state or the local
 1098  government would reasonably expect to expend or provide, based
 1099  on projected costs of comparable projects, to mitigate the
 1100  impacts reasonably attributable to the proposed development.
 1101         3. Any funds or lands contributed must be expressly
 1102  designated and used to mitigate impacts reasonably attributable
 1103  to the proposed development.
 1104         4. Construction or expansion of a public facility by a
 1105  nongovernmental developer as a condition of a development order
 1106  to mitigate the impacts reasonably attributable to the proposed
 1107  development is not subject to competitive bidding or competitive
 1108  negotiation for selection of a contractor or design professional
 1109  for any part of the construction or design.
 1110         (b)(e)1. A local government may shall not include, as a
 1111  development order condition for a development of regional
 1112  impact, any requirement that a developer contribute or pay for
 1113  land acquisition or construction or expansion of public
 1114  facilities or portions thereof unless the local government has
 1115  enacted a local ordinance which requires other development not
 1116  subject to this section to contribute its proportionate share of
 1117  the funds, land, or public facilities necessary to accommodate
 1118  any impacts having a rational nexus to the proposed development,
 1119  and the need to construct new facilities or add to the present
 1120  system of public facilities must be reasonably attributable to
 1121  the proposed development.
 1122         2. Selection of a contractor or design professional for any
 1123  aspect of construction or design related to the construction or
 1124  expansion of a public facility by a nongovernmental developer
 1125  which is undertaken as a condition of a development order to
 1126  mitigate the impacts reasonably attributable to the proposed
 1127  development is not subject to competitive bidding or competitive
 1128  negotiation A local government shall not approve a development
 1129  of regional impact that does not make adequate provision for the
 1130  public facilities needed to accommodate the impacts of the
 1131  proposed development unless the local government includes in the
 1132  development order a commitment by the local government to
 1133  provide these facilities consistently with the development
 1134  schedule approved in the development order; however, a local
 1135  government’s failure to meet the requirements of subparagraph 1.
 1136  and this subparagraph shall not preclude the issuance of a
 1137  development order where adequate provision is made by the
 1138  developer for the public facilities needed to accommodate the
 1139  impacts of the proposed development. Any funds or lands
 1140  contributed by a developer must be expressly designated and used
 1141  to accommodate impacts reasonably attributable to the proposed
 1142  development.
 1143         3. The Department of Economic Opportunity and other state
 1144  and regional agencies involved in the administration and
 1145  implementation of this act shall cooperate and work with units
 1146  of local government in preparing and adopting local impact fee
 1147  and other contribution ordinances.
 1148         (c)(f) Notice of the adoption of an amendment a development
 1149  order or the subsequent amendments to an adopted development
 1150  order shall be recorded by the developer, in accordance with s.
 1151  28.222, with the clerk of the circuit court for each county in
 1152  which the development is located. The notice shall include a
 1153  legal description of the property covered by the order and shall
 1154  state which unit of local government adopted the development
 1155  order, the date of adoption, the date of adoption of any
 1156  amendments to the development order, the location where the
 1157  adopted order with any amendments may be examined, and that the
 1158  development order constitutes a land development regulation
 1159  applicable to the property. The recording of this notice does
 1160  shall not constitute a lien, cloud, or encumbrance on real
 1161  property, or actual or constructive notice of any such lien,
 1162  cloud, or encumbrance. This paragraph applies only to
 1163  developments initially approved under this section after July 1,
 1164  1980. If the local government of jurisdiction rescinds a
 1165  development order for an approved development of regional impact
 1166  pursuant to s. 380.115, the developer may record notice of the
 1167  rescission.
 1168         (d)(g)Any agreement entered into by the state land
 1169  planning agency, the developer, and the A local government with
 1170  respect to an approved development of regional impact previously
 1171  classified as essentially built out, or any other official
 1172  determination that an approved development of regional impact is
 1173  essentially built out, remains valid unless it expired on or
 1174  before the effective date of this act. may not issue a permit
 1175  for a development subsequent to the buildout date contained in
 1176  the development order unless:
 1177         1. The proposed development has been evaluated cumulatively
 1178  with existing development under the substantial deviation
 1179  provisions of subsection (19) after the termination or
 1180  expiration date;
 1181         2. The proposed development is consistent with an
 1182  abandonment of development order that has been issued in
 1183  accordance with subsection (26);
 1184         3. The development of regional impact is essentially built
 1185  out, in that all the mitigation requirements in the development
 1186  order have been satisfied, all developers are in compliance with
 1187  all applicable terms and conditions of the development order
 1188  except the buildout date, and the amount of proposed development
 1189  that remains to be built is less than 40 percent of any
 1190  applicable development-of-regional-impact threshold; or
 1191         4. The project has been determined to be an essentially
 1192  built-out development of regional impact through an agreement
 1193  executed by the developer, the state land planning agency, and
 1194  the local government, in accordance with s. 380.032, which will
 1195  establish the terms and conditions under which the development
 1196  may be continued. If the project is determined to be essentially
 1197  built out, development may proceed pursuant to the s. 380.032
 1198  agreement after the termination or expiration date contained in
 1199  the development order without further development-of-regional
 1200  impact review subject to the local government comprehensive plan
 1201  and land development regulations. The parties may amend the
 1202  agreement without submission, review, or approval of a
 1203  notification of proposed change pursuant to subsection (19). For
 1204  the purposes of this paragraph, a development of regional impact
 1205  is considered essentially built out, if:
 1206         a. The developers are in compliance with all applicable
 1207  terms and conditions of the development order except the
 1208  buildout date or reporting requirements; and
 1209         b.(I) The amount of development that remains to be built is
 1210  less than the substantial deviation threshold specified in
 1211  paragraph (19)(b) for each individual land use category, or, for
 1212  a multiuse development, the sum total of all unbuilt land uses
 1213  as a percentage of the applicable substantial deviation
 1214  threshold is equal to or less than 100 percent; or
 1215         (II) The state land planning agency and the local
 1216  government have agreed in writing that the amount of development
 1217  to be built does not create the likelihood of any additional
 1218  regional impact not previously reviewed.
 1219  
 1220  The single-family residential portions of a development may be
 1221  considered essentially built out if all of the workforce housing
 1222  obligations and all of the infrastructure and horizontal
 1223  development have been completed, at least 50 percent of the
 1224  dwelling units have been completed, and more than 80 percent of
 1225  the lots have been conveyed to third-party individual lot owners
 1226  or to individual builders who own no more than 40 lots at the
 1227  time of the determination. The mobile home park portions of a
 1228  development may be considered essentially built out if all the
 1229  infrastructure and horizontal development has been completed,
 1230  and at least 50 percent of the lots are leased to individual
 1231  mobile home owners. In order to accommodate changing market
 1232  demands and achieve maximum land use efficiency in an
 1233  essentially built out project, when a developer is building out
 1234  a project, a local government, without the concurrence of the
 1235  state land planning agency, may adopt a resolution authorizing
 1236  the developer to exchange one approved land use for another
 1237  approved land use as specified in the agreement. Before the
 1238  issuance of a building permit pursuant to an exchange, the
 1239  developer must demonstrate to the local government that the
 1240  exchange ratio will not result in a net increase in impacts to
 1241  public facilities and will meet all applicable requirements of
 1242  the comprehensive plan and land development code. For
 1243  developments previously determined to impact strategic
 1244  intermodal facilities as defined in s. 339.63, the local
 1245  government shall consult with the Department of Transportation
 1246  before approving the exchange.
 1247         (h) If the property is annexed by another local
 1248  jurisdiction, the annexing jurisdiction shall adopt a new
 1249  development order that incorporates all previous rights and
 1250  obligations specified in the prior development order.
 1251         (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
 1252         (a) Notwithstanding any provision of an adopted local
 1253  comprehensive plan or adopted local government land development
 1254  regulations to the contrary, the adoption of an amendment to a
 1255  development order for an approved development of regional impact
 1256  pursuant to subsection (7) does not diminish or otherwise alter
 1257  any credits for a development order exaction or fee as against
 1258  impact fees, mobility fees, or exactions when such credits are
 1259  based upon the developer’s contribution of land or a public
 1260  facility or the construction, expansion, or payment for land
 1261  acquisition or construction or expansion of a public facility,
 1262  or a portion thereof If the development order requires the
 1263  developer to contribute land or a public facility or construct,
 1264  expand, or pay for land acquisition or construction or expansion
 1265  of a public facility, or portion thereof, and the developer is
 1266  also subject by local ordinance to impact fees or exactions to
 1267  meet the same needs, the local government shall establish and
 1268  implement a procedure that credits a development order exaction
 1269  or fee toward an impact fee or exaction imposed by local
 1270  ordinance for the same need; however, if the Florida Land and
 1271  Water Adjudicatory Commission imposes any additional
 1272  requirement, the local government shall not be required to grant
 1273  a credit toward the local exaction or impact fee unless the
 1274  local government determines that such required contribution,
 1275  payment, or construction meets the same need that the local
 1276  exaction or impact fee would address. The nongovernmental
 1277  developer need not be required, by virtue of this credit, to
 1278  competitively bid or negotiate any part of the construction or
 1279  design of the facility, unless otherwise requested by the local
 1280  government.
 1281         (b) If the local government imposes or increases an impact
 1282  fee, mobility fee, or exaction by local ordinance after a
 1283  development order has been issued, the developer may petition
 1284  the local government, and the local government shall modify the
 1285  affected provisions of the development order to give the
 1286  developer credit for any contribution of land for a public
 1287  facility, or construction, expansion, or contribution of funds
 1288  for land acquisition or construction or expansion of a public
 1289  facility, or a portion thereof, required by the development
 1290  order toward an impact fee or exaction for the same need.
 1291         (c) Any The local government and the developer may enter
 1292  into capital contribution front-ending agreement entered into by
 1293  a local government and a developer which is still in effect as
 1294  of the effective date of this act agreements as part of a
 1295  development-of-regional-impact development order to reimburse
 1296  the developer, or the developer’s successor, for voluntary
 1297  contributions paid in excess of his or her fair share remains
 1298  valid.
 1299         (d) This subsection does not apply to internal, onsite
 1300  facilities required by local regulations or to any offsite
 1301  facilities to the extent that such facilities are necessary to
 1302  provide safe and adequate services to the development.
 1303         (17) LOCAL MONITORING.—The local government issuing the
 1304  development order is primarily responsible for monitoring the
 1305  development and enforcing the provisions of the development
 1306  order. Local governments shall not issue any permits or
 1307  approvals or provide any extensions of services if the developer
 1308  fails to act in substantial compliance with the development
 1309  order.
 1310         (6)(18)BIENNIAL REPORTS.—Notwithstanding any condition in
 1311  a development order for an approved development of regional
 1312  impact, the developer is not required to shall submit an annual
 1313  or a biennial report on the development of regional impact to
 1314  the local government, the regional planning agency, the state
 1315  land planning agency, and all affected permit agencies in
 1316  alternate years on the date specified in the development order,
 1317  unless required to do so by the local government that has
 1318  jurisdiction over the development. The penalty for failure to
 1319  file such a required report is as prescribed by the local
 1320  government development order by its terms requires more frequent
 1321  monitoring. If the report is not received, the state land
 1322  planning agency shall notify the local government. If the local
 1323  government does not receive the report or receives notification
 1324  that the state land planning agency has not received the report,
 1325  the local government shall request in writing that the developer
 1326  submit the report within 30 days. The failure to submit the
 1327  report after 30 days shall result in the temporary suspension of
 1328  the development order by the local government. If no additional
 1329  development pursuant to the development order has occurred since
 1330  the submission of the previous report, then a letter from the
 1331  developer stating that no development has occurred shall satisfy
 1332  the requirement for a report. Development orders that require
 1333  annual reports may be amended to require biennial reports at the
 1334  option of the local government.
 1335         (7)(19)CHANGES SUBSTANTIAL DEVIATIONS.—
 1336         (a) Notwithstanding any provision to the contrary in any
 1337  development order, agreement, local comprehensive plan, or local
 1338  land development regulation, any proposed change to a previously
 1339  approved development of regional impact shall be reviewed by the
 1340  local government based on the standards and procedures in its
 1341  adopted local comprehensive plan and adopted local land
 1342  development regulations, including, but not limited to,
 1343  procedures for notice to the applicant and the public regarding
 1344  the issuance of development orders. At least one public hearing
 1345  must be held on the application for change, and any change must
 1346  be approved by the local governing body before it becomes
 1347  effective. The review must abide by any prior agreements or
 1348  other actions vesting the laws and policies governing the
 1349  development. Development within the previously approved
 1350  development of regional impact may continue, as approved, during
 1351  the review in portions of the development which are not directly
 1352  affected by the proposed change which creates a reasonable
 1353  likelihood of additional regional impact, or any type of
 1354  regional impact created by the change not previously reviewed by
 1355  the regional planning agency, shall constitute a substantial
 1356  deviation and shall cause the proposed change to be subject to
 1357  further development-of-regional-impact review. There are a
 1358  variety of reasons why a developer may wish to propose changes
 1359  to an approved development of regional impact, including changed
 1360  market conditions. The procedures set forth in this subsection
 1361  are for that purpose.
 1362         (b) The local government shall either adopt an amendment to
 1363  the development order that approves the application, with or
 1364  without conditions, or deny the application for the proposed
 1365  change. Any new conditions in the amendment to the development
 1366  order issued by the local government may address only those
 1367  impacts directly created by the proposed change, and must be
 1368  consistent with s. 163.3180(5), the adopted comprehensive plan,
 1369  and adopted land development regulations. Changes to a phase
 1370  date, buildout date, expiration date, or termination date may
 1371  also extend any required mitigation associated with a phased
 1372  construction project so that mitigation takes place in the same
 1373  timeframe relative to the impacts as approved Any proposed
 1374  change to a previously approved development of regional impact
 1375  or development order condition which, either individually or
 1376  cumulatively with other changes, exceeds any of the criteria in
 1377  subparagraphs 1.-11. constitutes a substantial deviation and
 1378  shall cause the development to be subject to further
 1379  development-of-regional-impact review through the notice of
 1380  proposed change process under this section.
 1381         1. An increase in the number of parking spaces at an
 1382  attraction or recreational facility by 15 percent or 500 spaces,
 1383  whichever is greater, or an increase in the number of spectators
 1384  that may be accommodated at such a facility by 15 percent or
 1385  1,500 spectators, whichever is greater.
 1386         2. A new runway, a new terminal facility, a 25 percent
 1387  lengthening of an existing runway, or a 25 percent increase in
 1388  the number of gates of an existing terminal, but only if the
 1389  increase adds at least three additional gates.
 1390         3. An increase in land area for office development by 15
 1391  percent or an increase of gross floor area of office development
 1392  by 15 percent or 100,000 gross square feet, whichever is
 1393  greater.
 1394         4. An increase in the number of dwelling units by 10
 1395  percent or 55 dwelling units, whichever is greater.
 1396         5. An increase in the number of dwelling units by 50
 1397  percent or 200 units, whichever is greater, provided that 15
 1398  percent of the proposed additional dwelling units are dedicated
 1399  to affordable workforce housing, subject to a recorded land use
 1400  restriction that shall be for a period of not less than 20 years
 1401  and that includes resale provisions to ensure long-term
 1402  affordability for income-eligible homeowners and renters and
 1403  provisions for the workforce housing to be commenced before the
 1404  completion of 50 percent of the market rate dwelling. For
 1405  purposes of this subparagraph, the term “affordable workforce
 1406  housing” means housing that is affordable to a person who earns
 1407  less than 120 percent of the area median income, or less than
 1408  140 percent of the area median income if located in a county in
 1409  which the median purchase price for a single-family existing
 1410  home exceeds the statewide median purchase price of a single
 1411  family existing home. For purposes of this subparagraph, the
 1412  term “statewide median purchase price of a single-family
 1413  existing home” means the statewide purchase price as determined
 1414  in the Florida Sales Report, Single-Family Existing Homes,
 1415  released each January by the Florida Association of Realtors and
 1416  the University of Florida Real Estate Research Center.
 1417         6. An increase in commercial development by 60,000 square
 1418  feet of gross floor area or of parking spaces provided for
 1419  customers for 425 cars or a 10 percent increase, whichever is
 1420  greater.
 1421         7. An increase in a recreational vehicle park area by 10
 1422  percent or 110 vehicle spaces, whichever is less.
 1423         8. A decrease in the area set aside for open space of 5
 1424  percent or 20 acres, whichever is less.
 1425         9. A proposed increase to an approved multiuse development
 1426  of regional impact where the sum of the increases of each land
 1427  use as a percentage of the applicable substantial deviation
 1428  criteria is equal to or exceeds 110 percent. The percentage of
 1429  any decrease in the amount of open space shall be treated as an
 1430  increase for purposes of determining when 110 percent has been
 1431  reached or exceeded.
 1432         10. A 15 percent increase in the number of external vehicle
 1433  trips generated by the development above that which was
 1434  projected during the original development-of-regional-impact
 1435  review.
 1436         11. Any change that would result in development of any area
 1437  which was specifically set aside in the application for
 1438  development approval or in the development order for
 1439  preservation or special protection of endangered or threatened
 1440  plants or animals designated as endangered, threatened, or
 1441  species of special concern and their habitat, any species
 1442  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1443  archaeological and historical sites designated as significant by
 1444  the Division of Historical Resources of the Department of State.
 1445  The refinement of the boundaries and configuration of such areas
 1446  shall be considered under sub-subparagraph (e)2.j.
 1447  
 1448  The substantial deviation numerical standards in subparagraphs
 1449  3., 6., and 9., excluding residential uses, and in subparagraph
 1450  10., are increased by 100 percent for a project certified under
 1451  s. 403.973 which creates jobs and meets criteria established by
 1452  the Department of Economic Opportunity as to its impact on an
 1453  area’s economy, employment, and prevailing wage and skill
 1454  levels. The substantial deviation numerical standards in
 1455  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
 1456  percent for a project located wholly within an urban infill and
 1457  redevelopment area designated on the applicable adopted local
 1458  comprehensive plan future land use map and not located within
 1459  the coastal high hazard area.
 1460         (c) This section is not intended to alter or otherwise
 1461  limit the extension, previously granted by statute, of a
 1462  commencement, buildout, phase, termination, or expiration date
 1463  in any development order for an approved development of regional
 1464  impact and any corresponding modification of a related permit or
 1465  agreement. Any such extension is not subject to review or
 1466  modification in any future amendment to a development order
 1467  pursuant to the adopted local comprehensive plan and adopted
 1468  local land development regulations An extension of the date of
 1469  buildout of a development, or any phase thereof, by more than 7
 1470  years is presumed to create a substantial deviation subject to
 1471  further development-of-regional-impact review.
 1472         1. An extension of the date of buildout, or any phase
 1473  thereof, of more than 5 years but not more than 7 years is
 1474  presumed not to create a substantial deviation. The extension of
 1475  the date of buildout of an areawide development of regional
 1476  impact by more than 5 years but less than 10 years is presumed
 1477  not to create a substantial deviation. These presumptions may be
 1478  rebutted by clear and convincing evidence at the public hearing
 1479  held by the local government. An extension of 5 years or less is
 1480  not a substantial deviation.
 1481         2. In recognition of the 2011 real estate market
 1482  conditions, at the option of the developer, all commencement,
 1483  phase, buildout, and expiration dates for projects that are
 1484  currently valid developments of regional impact are extended for
 1485  4 years regardless of any previous extension. Associated
 1486  mitigation requirements are extended for the same period unless,
 1487  before December 1, 2011, a governmental entity notifies a
 1488  developer that has commenced any construction within the phase
 1489  for which the mitigation is required that the local government
 1490  has entered into a contract for construction of a facility with
 1491  funds to be provided from the development’s mitigation funds for
 1492  that phase as specified in the development order or written
 1493  agreement with the developer. The 4-year extension is not a
 1494  substantial deviation, is not subject to further development-of
 1495  regional-impact review, and may not be considered when
 1496  determining whether a subsequent extension is a substantial
 1497  deviation under this subsection. The developer must notify the
 1498  local government in writing by December 31, 2011, in order to
 1499  receive the 4-year extension.
 1500  
 1501  For the purpose of calculating when a buildout or phase date has
 1502  been exceeded, the time shall be tolled during the pendency of
 1503  administrative or judicial proceedings relating to development
 1504  permits. Any extension of the buildout date of a project or a
 1505  phase thereof shall automatically extend the commencement date
 1506  of the project, the termination date of the development order,
 1507  the expiration date of the development of regional impact, and
 1508  the phases thereof if applicable by a like period of time.
 1509         (d) A change in the plan of development of an approved
 1510  development of regional impact resulting from requirements
 1511  imposed by the Department of Environmental Protection or any
 1512  water management district created by s. 373.069 or any of their
 1513  successor agencies or by any appropriate federal regulatory
 1514  agency shall be submitted to the local government pursuant to
 1515  this subsection. The change shall be presumed not to create a
 1516  substantial deviation subject to further development-of
 1517  regional-impact review. The presumption may be rebutted by clear
 1518  and convincing evidence at the public hearing held by the local
 1519  government.
 1520         (e)1. Except for a development order rendered pursuant to
 1521  subsection (22) or subsection (25), a proposed change to a
 1522  development order which individually or cumulatively with any
 1523  previous change is less than any numerical criterion contained
 1524  in subparagraphs (b)1.-10. and does not exceed any other
 1525  criterion, or which involves an extension of the buildout date
 1526  of a development, or any phase thereof, of less than 5 years is
 1527  not subject to the public hearing requirements of subparagraph
 1528  (f)3., and is not subject to a determination pursuant to
 1529  subparagraph (f)5. Notice of the proposed change shall be made
 1530  to the regional planning council and the state land planning
 1531  agency. Such notice must include a description of previous
 1532  individual changes made to the development, including changes
 1533  previously approved by the local government, and must include
 1534  appropriate amendments to the development order.
 1535         2. The following changes, individually or cumulatively with
 1536  any previous changes, are not substantial deviations:
 1537         a. Changes in the name of the project, developer, owner, or
 1538  monitoring official.
 1539         b. Changes to a setback which do not affect noise buffers,
 1540  environmental protection or mitigation areas, or archaeological
 1541  or historical resources.
 1542         c. Changes to minimum lot sizes.
 1543         d. Changes in the configuration of internal roads which do
 1544  not affect external access points.
 1545         e. Changes to the building design or orientation which stay
 1546  approximately within the approved area designated for such
 1547  building and parking lot, and which do not affect historical
 1548  buildings designated as significant by the Division of
 1549  Historical Resources of the Department of State.
 1550         f. Changes to increase the acreage in the development, if
 1551  no development is proposed on the acreage to be added.
 1552         g. Changes to eliminate an approved land use, if there are
 1553  no additional regional impacts.
 1554         h. Changes required to conform to permits approved by any
 1555  federal, state, or regional permitting agency, if these changes
 1556  do not create additional regional impacts.
 1557         i. Any renovation or redevelopment of development within a
 1558  previously approved development of regional impact which does
 1559  not change land use or increase density or intensity of use.
 1560         j. Changes that modify boundaries and configuration of
 1561  areas described in subparagraph (b)11. due to science-based
 1562  refinement of such areas by survey, by habitat evaluation, by
 1563  other recognized assessment methodology, or by an environmental
 1564  assessment. In order for changes to qualify under this sub
 1565  subparagraph, the survey, habitat evaluation, or assessment must
 1566  occur before the time that a conservation easement protecting
 1567  such lands is recorded and must not result in any net decrease
 1568  in the total acreage of the lands specifically set aside for
 1569  permanent preservation in the final development order.
 1570         k. Changes that do not increase the number of external peak
 1571  hour trips and do not reduce open space and conserved areas
 1572  within the project except as otherwise permitted by sub
 1573  subparagraph j.
 1574         l. A phase date extension, if the state land planning
 1575  agency, in consultation with the regional planning council and
 1576  subject to the written concurrence of the Department of
 1577  Transportation, agrees that the traffic impact is not
 1578  significant and adverse under applicable state agency rules.
 1579         m. Any other change that the state land planning agency, in
 1580  consultation with the regional planning council, agrees in
 1581  writing is similar in nature, impact, or character to the
 1582  changes enumerated in sub-subparagraphs a.-l. and that does not
 1583  create the likelihood of any additional regional impact.
 1584  
 1585  This subsection does not require the filing of a notice of
 1586  proposed change but requires an application to the local
 1587  government to amend the development order in accordance with the
 1588  local government’s procedures for amendment of a development
 1589  order. In accordance with the local government’s procedures,
 1590  including requirements for notice to the applicant and the
 1591  public, the local government shall either deny the application
 1592  for amendment or adopt an amendment to the development order
 1593  which approves the application with or without conditions.
 1594  Following adoption, the local government shall render to the
 1595  state land planning agency the amendment to the development
 1596  order. The state land planning agency may appeal, pursuant to s.
 1597  380.07(3), the amendment to the development order if the
 1598  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1599  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
 1600  and if the agency believes that the change creates a reasonable
 1601  likelihood of new or additional regional impacts.
 1602         3. Except for the change authorized by sub-subparagraph
 1603  2.f., any addition of land not previously reviewed or any change
 1604  not specified in paragraph (b) or paragraph (c) shall be
 1605  presumed to create a substantial deviation. This presumption may
 1606  be rebutted by clear and convincing evidence.
 1607         4. Any submittal of a proposed change to a previously
 1608  approved development must include a description of individual
 1609  changes previously made to the development, including changes
 1610  previously approved by the local government. The local
 1611  government shall consider the previous and current proposed
 1612  changes in deciding whether such changes cumulatively constitute
 1613  a substantial deviation requiring further development-of
 1614  regional-impact review.
 1615         5. The following changes to an approved development of
 1616  regional impact shall be presumed to create a substantial
 1617  deviation. Such presumption may be rebutted by clear and
 1618  convincing evidence:
 1619         a. A change proposed for 15 percent or more of the acreage
 1620  to a land use not previously approved in the development order.
 1621  Changes of less than 15 percent shall be presumed not to create
 1622  a substantial deviation.
 1623         b. Notwithstanding any provision of paragraph (b) to the
 1624  contrary, a proposed change consisting of simultaneous increases
 1625  and decreases of at least two of the uses within an authorized
 1626  multiuse development of regional impact which was originally
 1627  approved with three or more uses specified in s. 380.0651(3)(c)
 1628  and (d) and residential use.
 1629         6. If a local government agrees to a proposed change, a
 1630  change in the transportation proportionate share calculation and
 1631  mitigation plan in an adopted development order as a result of
 1632  recalculation of the proportionate share contribution meeting
 1633  the requirements of s. 163.3180(5)(h) in effect as of the date
 1634  of such change shall be presumed not to create a substantial
 1635  deviation. For purposes of this subsection, the proposed change
 1636  in the proportionate share calculation or mitigation plan may
 1637  not be considered an additional regional transportation impact.
 1638         (f)1. The state land planning agency shall establish by
 1639  rule standard forms for submittal of proposed changes to a
 1640  previously approved development of regional impact which may
 1641  require further development-of-regional-impact review. At a
 1642  minimum, the standard form shall require the developer to
 1643  provide the precise language that the developer proposes to
 1644  delete or add as an amendment to the development order.
 1645         2. The developer shall submit, simultaneously, to the local
 1646  government, the regional planning agency, and the state land
 1647  planning agency the request for approval of a proposed change.
 1648         3. No sooner than 30 days but no later than 45 days after
 1649  submittal by the developer to the local government, the state
 1650  land planning agency, and the appropriate regional planning
 1651  agency, the local government shall give 15 days’ notice and
 1652  schedule a public hearing to consider the change that the
 1653  developer asserts does not create a substantial deviation. This
 1654  public hearing shall be held within 60 days after submittal of
 1655  the proposed changes, unless that time is extended by the
 1656  developer.
 1657         4. The appropriate regional planning agency or the state
 1658  land planning agency shall review the proposed change and, no
 1659  later than 45 days after submittal by the developer of the
 1660  proposed change, unless that time is extended by the developer,
 1661  and prior to the public hearing at which the proposed change is
 1662  to be considered, shall advise the local government in writing
 1663  whether it objects to the proposed change, shall specify the
 1664  reasons for its objection, if any, and shall provide a copy to
 1665  the developer.
 1666         5. At the public hearing, the local government shall
 1667  determine whether the proposed change requires further
 1668  development-of-regional-impact review. The provisions of
 1669  paragraphs (a) and (e), the thresholds set forth in paragraph
 1670  (b), and the presumptions set forth in paragraphs (c) and (d)
 1671  and subparagraph (e)3. shall be applicable in determining
 1672  whether further development-of-regional-impact review is
 1673  required. The local government may also deny the proposed change
 1674  based on matters relating to local issues, such as if the land
 1675  on which the change is sought is plat restricted in a way that
 1676  would be incompatible with the proposed change, and the local
 1677  government does not wish to change the plat restriction as part
 1678  of the proposed change.
 1679         6. If the local government determines that the proposed
 1680  change does not require further development-of-regional-impact
 1681  review and is otherwise approved, or if the proposed change is
 1682  not subject to a hearing and determination pursuant to
 1683  subparagraphs 3. and 5. and is otherwise approved, the local
 1684  government shall issue an amendment to the development order
 1685  incorporating the approved change and conditions of approval
 1686  relating to the change. The requirement that a change be
 1687  otherwise approved shall not be construed to require additional
 1688  local review or approval if the change is allowed by applicable
 1689  local ordinances without further local review or approval. The
 1690  decision of the local government to approve, with or without
 1691  conditions, or to deny the proposed change that the developer
 1692  asserts does not require further review shall be subject to the
 1693  appeal provisions of s. 380.07. However, the state land planning
 1694  agency may not appeal the local government decision if it did
 1695  not comply with subparagraph 4. The state land planning agency
 1696  may not appeal a change to a development order made pursuant to
 1697  subparagraph (e)1. or subparagraph (e)2. for developments of
 1698  regional impact approved after January 1, 1980, unless the
 1699  change would result in a significant impact to a regionally
 1700  significant archaeological, historical, or natural resource not
 1701  previously identified in the original development-of-regional
 1702  impact review.
 1703         (g) If a proposed change requires further development-of
 1704  regional-impact review pursuant to this section, the review
 1705  shall be conducted subject to the following additional
 1706  conditions:
 1707         1. The development-of-regional-impact review conducted by
 1708  the appropriate regional planning agency shall address only
 1709  those issues raised by the proposed change except as provided in
 1710  subparagraph 2.
 1711         2. The regional planning agency shall consider, and the
 1712  local government shall determine whether to approve, approve
 1713  with conditions, or deny the proposed change as it relates to
 1714  the entire development. If the local government determines that
 1715  the proposed change, as it relates to the entire development, is
 1716  unacceptable, the local government shall deny the change.
 1717         3. If the local government determines that the proposed
 1718  change should be approved, any new conditions in the amendment
 1719  to the development order issued by the local government shall
 1720  address only those issues raised by the proposed change and
 1721  require mitigation only for the individual and cumulative
 1722  impacts of the proposed change.
 1723         4. Development within the previously approved development
 1724  of regional impact may continue, as approved, during the
 1725  development-of-regional-impact review in those portions of the
 1726  development which are not directly affected by the proposed
 1727  change.
 1728         (h) When further development-of-regional-impact review is
 1729  required because a substantial deviation has been determined or
 1730  admitted by the developer, the amendment to the development
 1731  order issued by the local government shall be consistent with
 1732  the requirements of subsection (15) and shall be subject to the
 1733  hearing and appeal provisions of s. 380.07. The state land
 1734  planning agency or the appropriate regional planning agency need
 1735  not participate at the local hearing in order to appeal a local
 1736  government development order issued pursuant to this paragraph.
 1737         (i) An increase in the number of residential dwelling units
 1738  shall not constitute a substantial deviation and shall not be
 1739  subject to development-of-regional-impact review for additional
 1740  impacts, provided that all the residential dwelling units are
 1741  dedicated to affordable workforce housing and the total number
 1742  of new residential units does not exceed 200 percent of the
 1743  substantial deviation threshold. The affordable workforce
 1744  housing shall be subject to a recorded land use restriction that
 1745  shall be for a period of not less than 20 years and that
 1746  includes resale provisions to ensure long-term affordability for
 1747  income-eligible homeowners and renters. For purposes of this
 1748  paragraph, the term “affordable workforce housing” means housing
 1749  that is affordable to a person who earns less than 120 percent
 1750  of the area median income, or less than 140 percent of the area
 1751  median income if located in a county in which the median
 1752  purchase price for a single-family existing home exceeds the
 1753  statewide median purchase price of a single-family existing
 1754  home. For purposes of this paragraph, the term “statewide median
 1755  purchase price of a single-family existing home” means the
 1756  statewide purchase price as determined in the Florida Sales
 1757  Report, Single-Family Existing Homes, released each January by
 1758  the Florida Association of Realtors and the University of
 1759  Florida Real Estate Research Center.
 1760         (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
 1761  or modify the rights of any person to complete any development
 1762  that was authorized by registration of a subdivision pursuant to
 1763  former chapter 498, by recordation pursuant to local subdivision
 1764  plat law, or by a building permit or other authorization to
 1765  commence development on which there has been reliance and a
 1766  change of position and which registration or recordation was
 1767  accomplished, or which permit or authorization was issued, prior
 1768  to July 1, 1973. If a developer has, by his or her actions in
 1769  reliance on prior regulations, obtained vested or other legal
 1770  rights that in law would have prevented a local government from
 1771  changing those regulations in a way adverse to the developer’s
 1772  interests, nothing in this chapter authorizes any governmental
 1773  agency to abridge those rights.
 1774         (a) For the purpose of determining the vesting of rights
 1775  under this subsection, approval pursuant to local subdivision
 1776  plat law, ordinances, or regulations of a subdivision plat by
 1777  formal vote of a county or municipal governmental body having
 1778  jurisdiction after August 1, 1967, and prior to July 1, 1973, is
 1779  sufficient to vest all property rights for the purposes of this
 1780  subsection; and no action in reliance on, or change of position
 1781  concerning, such local governmental approval is required for
 1782  vesting to take place. Anyone claiming vested rights under this
 1783  paragraph must notify the department in writing by January 1,
 1784  1986. Such notification shall include information adequate to
 1785  document the rights established by this subsection. When such
 1786  notification requirements are met, in order for the vested
 1787  rights authorized pursuant to this paragraph to remain valid
 1788  after June 30, 1990, development of the vested plan must be
 1789  commenced prior to that date upon the property that the state
 1790  land planning agency has determined to have acquired vested
 1791  rights following the notification or in a binding letter of
 1792  interpretation. When the notification requirements have not been
 1793  met, the vested rights authorized by this paragraph shall expire
 1794  June 30, 1986, unless development commenced prior to that date.
 1795         (b) For the purpose of this act, the conveyance of, or the
 1796  agreement to convey, property to the county, state, or local
 1797  government as a prerequisite to zoning change approval shall be
 1798  construed as an act of reliance to vest rights as determined
 1799  under this subsection, provided such zoning change is actually
 1800  granted by such government.
 1801         (9)(21)VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
 1802  DEVELOPMENT ORDER.—
 1803         (a)Any agreement previously entered into by a developer, a
 1804  regional planning agency, and a local government regarding If a
 1805  development project that includes two or more developments of
 1806  regional impact and was the subject of, a developer may file a
 1807  comprehensive development-of-regional-impact application remains
 1808  valid unless it expired on or before the effective date of this
 1809  act.
 1810         (b) If a proposed development is planned for development
 1811  over an extended period of time, the developer may file an
 1812  application for master development approval of the project and
 1813  agree to present subsequent increments of the development for
 1814  preconstruction review. This agreement shall be entered into by
 1815  the developer, the regional planning agency, and the appropriate
 1816  local government having jurisdiction. The provisions of
 1817  subsection (9) do not apply to this subsection, except that a
 1818  developer may elect to utilize the review process established in
 1819  subsection (9) for review of the increments of a master plan.
 1820         1. Prior to adoption of the master plan development order,
 1821  the developer, the landowner, the appropriate regional planning
 1822  agency, and the local government having jurisdiction shall
 1823  review the draft of the development order to ensure that
 1824  anticipated regional impacts have been adequately addressed and
 1825  that information requirements for subsequent incremental
 1826  application review are clearly defined. The development order
 1827  for a master application shall specify the information which
 1828  must be submitted with an incremental application and shall
 1829  identify those issues which can result in the denial of an
 1830  incremental application.
 1831         2. The review of subsequent incremental applications shall
 1832  be limited to that information specifically required and those
 1833  issues specifically raised by the master development order,
 1834  unless substantial changes in the conditions underlying the
 1835  approval of the master plan development order are demonstrated
 1836  or the master development order is shown to have been based on
 1837  substantially inaccurate information.
 1838         (c) The state land planning agency, by rule, shall
 1839  establish uniform procedures to implement this subsection.
 1840         (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
 1841         (a) A downtown development authority may submit a
 1842  development-of-regional-impact application for development
 1843  approval pursuant to this section. The area described in the
 1844  application may consist of any or all of the land over which a
 1845  downtown development authority has the power described in s.
 1846  380.031(5). For the purposes of this subsection, a downtown
 1847  development authority shall be considered the developer whether
 1848  or not the development will be undertaken by the downtown
 1849  development authority.
 1850         (b) In addition to information required by the development
 1851  of-regional-impact application, the application for development
 1852  approval submitted by a downtown development authority shall
 1853  specify the total amount of development planned for each land
 1854  use category. In addition to the requirements of subsection
 1855  (15), the development order shall specify the amount of
 1856  development approved within each land use category. Development
 1857  undertaken in conformance with a development order issued under
 1858  this section does not require further review.
 1859         (c) If a development is proposed within the area of a
 1860  downtown development plan approved pursuant to this section
 1861  which would result in development in excess of the amount
 1862  specified in the development order for that type of activity,
 1863  changes shall be subject to the provisions of subsection (19),
 1864  except that the percentages and numerical criteria shall be
 1865  double those listed in paragraph (19)(b).
 1866         (d) The provisions of subsection (9) do not apply to this
 1867  subsection.
 1868         (23)ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
 1869         (a) The state land planning agency shall adopt rules to
 1870  ensure uniform review of developments of regional impact by the
 1871  state land planning agency and regional planning agencies under
 1872  this section. These rules shall be adopted pursuant to chapter
 1873  120 and shall include all forms, application content, and review
 1874  guidelines necessary to implement development-of-regional-impact
 1875  reviews. The state land planning agency, in consultation with
 1876  the regional planning agencies, may also designate types of
 1877  development or areas suitable for development in which reduced
 1878  information requirements for development-of-regional-impact
 1879  review shall apply.
 1880         (b) Regional planning agencies shall be subject to rules
 1881  adopted by the state land planning agency. At the request of a
 1882  regional planning council, the state land planning agency may
 1883  adopt by rule different standards for a specific comprehensive
 1884  planning district upon a finding that the statewide standard is
 1885  inadequate to protect or promote the regional interest at issue.
 1886  If such a regional standard is adopted by the state land
 1887  planning agency, the regional standard shall be applied to all
 1888  pertinent development-of-regional-impact reviews conducted in
 1889  that region until rescinded.
 1890         (c) Within 6 months of the effective date of this section,
 1891  the state land planning agency shall adopt rules which:
 1892         1. Establish uniform statewide standards for development
 1893  of-regional-impact review.
 1894         2. Establish a short application for development approval
 1895  form which eliminates issues and questions for any project in a
 1896  jurisdiction with an adopted local comprehensive plan that is in
 1897  compliance.
 1898         (d) Regional planning agencies that perform development-of
 1899  regional-impact and Florida Quality Development review are
 1900  authorized to assess and collect fees to fund the costs, direct
 1901  and indirect, of conducting the review process. The state land
 1902  planning agency shall adopt rules to provide uniform criteria
 1903  for the assessment and collection of such fees. The rules
 1904  providing uniform criteria shall not be subject to rule
 1905  challenge under s. 120.56(2) or to drawout proceedings under s.
 1906  120.54(3)(c)2., but, once adopted, shall be subject to an
 1907  invalidity challenge under s. 120.56(3) by substantially
 1908  affected persons. Until the state land planning agency adopts a
 1909  rule implementing this paragraph, rules of the regional planning
 1910  councils currently in effect regarding fees shall remain in
 1911  effect. Fees may vary in relation to the type and size of a
 1912  proposed project, but shall not exceed $75,000, unless the state
 1913  land planning agency, after reviewing any disputed expenses
 1914  charged by the regional planning agency, determines that said
 1915  expenses were reasonable and necessary for an adequate regional
 1916  review of the impacts of a project.
 1917         (24) STATUTORY EXEMPTIONS.—
 1918         (a) Any proposed hospital is exempt from this section.
 1919         (b) Any proposed electrical transmission line or electrical
 1920  power plant is exempt from this section.
 1921         (c) Any proposed addition to an existing sports facility
 1922  complex is exempt from this section if the addition meets the
 1923  following characteristics:
 1924         1. It would not operate concurrently with the scheduled
 1925  hours of operation of the existing facility.
 1926         2. Its seating capacity would be no more than 75 percent of
 1927  the capacity of the existing facility.
 1928         3. The sports facility complex property is owned by a
 1929  public body before July 1, 1983.
 1930  
 1931  This exemption does not apply to any pari-mutuel facility.
 1932         (d) Any proposed addition or cumulative additions
 1933  subsequent to July 1, 1988, to an existing sports facility
 1934  complex owned by a state university is exempt if the increased
 1935  seating capacity of the complex is no more than 30 percent of
 1936  the capacity of the existing facility.
 1937         (e) Any addition of permanent seats or parking spaces for
 1938  an existing sports facility located on property owned by a
 1939  public body before July 1, 1973, is exempt from this section if
 1940  future additions do not expand existing permanent seating or
 1941  parking capacity more than 15 percent annually in excess of the
 1942  prior year’s capacity.
 1943         (f) Any increase in the seating capacity of an existing
 1944  sports facility having a permanent seating capacity of at least
 1945  50,000 spectators is exempt from this section, provided that
 1946  such an increase does not increase permanent seating capacity by
 1947  more than 5 percent per year and not to exceed a total of 10
 1948  percent in any 5-year period, and provided that the sports
 1949  facility notifies the appropriate local government within which
 1950  the facility is located of the increase at least 6 months before
 1951  the initial use of the increased seating, in order to permit the
 1952  appropriate local government to develop a traffic management
 1953  plan for the traffic generated by the increase. Any traffic
 1954  management plan shall be consistent with the local comprehensive
 1955  plan, the regional policy plan, and the state comprehensive
 1956  plan.
 1957         (g) Any expansion in the permanent seating capacity or
 1958  additional improved parking facilities of an existing sports
 1959  facility is exempt from this section, if the following
 1960  conditions exist:
 1961         1.a. The sports facility had a permanent seating capacity
 1962  on January 1, 1991, of at least 41,000 spectator seats;
 1963         b. The sum of such expansions in permanent seating capacity
 1964  does not exceed a total of 10 percent in any 5-year period and
 1965  does not exceed a cumulative total of 20 percent for any such
 1966  expansions; or
 1967         c. The increase in additional improved parking facilities
 1968  is a one-time addition and does not exceed 3,500 parking spaces
 1969  serving the sports facility; and
 1970         2. The local government having jurisdiction of the sports
 1971  facility includes in the development order or development permit
 1972  approving such expansion under this paragraph a finding of fact
 1973  that the proposed expansion is consistent with the
 1974  transportation, water, sewer and stormwater drainage provisions
 1975  of the approved local comprehensive plan and local land
 1976  development regulations relating to those provisions.
 1977  
 1978  Any owner or developer who intends to rely on this statutory
 1979  exemption shall provide to the department a copy of the local
 1980  government application for a development permit. Within 45 days
 1981  after receipt of the application, the department shall render to
 1982  the local government an advisory and nonbinding opinion, in
 1983  writing, stating whether, in the department’s opinion, the
 1984  prescribed conditions exist for an exemption under this
 1985  paragraph. The local government shall render the development
 1986  order approving each such expansion to the department. The
 1987  owner, developer, or department may appeal the local government
 1988  development order pursuant to s. 380.07, within 45 days after
 1989  the order is rendered. The scope of review shall be limited to
 1990  the determination of whether the conditions prescribed in this
 1991  paragraph exist. If any sports facility expansion undergoes
 1992  development-of-regional-impact review, all previous expansions
 1993  which were exempt under this paragraph shall be included in the
 1994  development-of-regional-impact review.
 1995         (h) Expansion to port harbors, spoil disposal sites,
 1996  navigation channels, turning basins, harbor berths, and other
 1997  related inwater harbor facilities of ports listed in s.
 1998  403.021(9)(b), port transportation facilities and projects
 1999  listed in s. 311.07(3)(b), and intermodal transportation
 2000  facilities identified pursuant to s. 311.09(3) are exempt from
 2001  this section when such expansions, projects, or facilities are
 2002  consistent with comprehensive master plans that are in
 2003  compliance with s. 163.3178.
 2004         (i) Any proposed facility for the storage of any petroleum
 2005  product or any expansion of an existing facility is exempt from
 2006  this section.
 2007         (j) Any renovation or redevelopment within the same land
 2008  parcel which does not change land use or increase density or
 2009  intensity of use.
 2010         (k) Waterport and marina development, including dry storage
 2011  facilities, are exempt from this section.
 2012         (l) Any proposed development within an urban service
 2013  boundary established under s. 163.3177(14), Florida Statutes
 2014  (2010), which is not otherwise exempt pursuant to subsection
 2015  (29), is exempt from this section if the local government having
 2016  jurisdiction over the area where the development is proposed has
 2017  adopted the urban service boundary and has entered into a
 2018  binding agreement with jurisdictions that would be impacted and
 2019  with the Department of Transportation regarding the mitigation
 2020  of impacts on state and regional transportation facilities.
 2021         (m) Any proposed development within a rural land
 2022  stewardship area created under s. 163.3248.
 2023         (n) The establishment, relocation, or expansion of any
 2024  military installation as defined in s. 163.3175, is exempt from
 2025  this section.
 2026         (o) Any self-storage warehousing that does not allow retail
 2027  or other services is exempt from this section.
 2028         (p) Any proposed nursing home or assisted living facility
 2029  is exempt from this section.
 2030         (q) Any development identified in an airport master plan
 2031  and adopted into the comprehensive plan pursuant to s.
 2032  163.3177(6)(b)4. is exempt from this section.
 2033         (r) Any development identified in a campus master plan and
 2034  adopted pursuant to s. 1013.30 is exempt from this section.
 2035         (s) Any development in a detailed specific area plan which
 2036  is prepared and adopted pursuant to s. 163.3245 is exempt from
 2037  this section.
 2038         (t) Any proposed solid mineral mine and any proposed
 2039  addition to, expansion of, or change to an existing solid
 2040  mineral mine is exempt from this section. A mine owner will
 2041  enter into a binding agreement with the Department of
 2042  Transportation to mitigate impacts to strategic intermodal
 2043  system facilities pursuant to the transportation thresholds in
 2044  subsection (19) or rule 9J-2.045(6), Florida Administrative
 2045  Code. Proposed changes to any previously approved solid mineral
 2046  mine development-of-regional-impact development orders having
 2047  vested rights are is not subject to further review or approval
 2048  as a development-of-regional-impact or notice-of-proposed-change
 2049  review or approval pursuant to subsection (19), except for those
 2050  applications pending as of July 1, 2011, which shall be governed
 2051  by s. 380.115(2). Notwithstanding the foregoing, however,
 2052  pursuant to s. 380.115(1), previously approved solid mineral
 2053  mine development-of-regional-impact development orders shall
 2054  continue to enjoy vested rights and continue to be effective
 2055  unless rescinded by the developer. All local government
 2056  regulations of proposed solid mineral mines shall be applicable
 2057  to any new solid mineral mine or to any proposed addition to,
 2058  expansion of, or change to an existing solid mineral mine.
 2059         (u) Notwithstanding any provisions in an agreement with or
 2060  among a local government, regional agency, or the state land
 2061  planning agency or in a local government’s comprehensive plan to
 2062  the contrary, a project no longer subject to development-of
 2063  regional-impact review under revised thresholds is not required
 2064  to undergo such review.
 2065         (v) Any development within a county with a research and
 2066  education authority created by special act and that is also
 2067  within a research and development park that is operated or
 2068  managed by a research and development authority pursuant to part
 2069  V of chapter 159 is exempt from this section.
 2070         (w) Any development in an energy economic zone designated
 2071  pursuant to s. 377.809 is exempt from this section upon approval
 2072  by its local governing body.
 2073         (x) Any proposed development that is located in a local
 2074  government jurisdiction that does not qualify for an exemption
 2075  based on the population and density criteria in paragraph
 2076  (29)(a), that is approved as a comprehensive plan amendment
 2077  adopted pursuant to s. 163.3184(4), and that is the subject of
 2078  an agreement pursuant to s. 288.106(5) is exempt from this
 2079  section. This exemption shall only be effective upon a written
 2080  agreement executed by the applicant, the local government, and
 2081  the state land planning agency. The state land planning agency
 2082  shall only be a party to the agreement upon a determination that
 2083  the development is the subject of an agreement pursuant to s.
 2084  288.106(5) and that the local government has the capacity to
 2085  adequately assess the impacts of the proposed development. The
 2086  local government shall only be a party to the agreement upon
 2087  approval by the governing body of the local government and upon
 2088  providing at least 21 days’ notice to adjacent local governments
 2089  that includes, at a minimum, information regarding the location,
 2090  density and intensity of use, and timing of the proposed
 2091  development. This exemption does not apply to areas within the
 2092  boundary of any area of critical state concern designated
 2093  pursuant to s. 380.05, within the boundary of the Wekiva Study
 2094  Area as described in s. 369.316, or within 2 miles of the
 2095  boundary of the Everglades Protection Area as defined in s.
 2096  373.4592(2).
 2097  
 2098  If a use is exempt from review as a development of regional
 2099  impact under paragraphs (a)-(u), but will be part of a larger
 2100  project that is subject to review as a development of regional
 2101  impact, the impact of the exempt use must be included in the
 2102  review of the larger project, unless such exempt use involves a
 2103  development of regional impact that includes a landowner,
 2104  tenant, or user that has entered into a funding agreement with
 2105  the Department of Economic Opportunity under the Innovation
 2106  Incentive Program and the agreement contemplates a state award
 2107  of at least $50 million.
 2108         (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
 2109         (a)Any approval of an authorized developer for may submit
 2110  an areawide development of regional impact remains valid unless
 2111  it expired on or before the effective date of this act. to be
 2112  reviewed pursuant to the procedures and standards set forth in
 2113  this section. The areawide development-of-regional-impact review
 2114  shall include an areawide development plan in addition to any
 2115  other information required under this section. After review and
 2116  approval of an areawide development of regional impact under
 2117  this section, all development within the defined planning area
 2118  shall conform to the approved areawide development plan and
 2119  development order. Individual developments that conform to the
 2120  approved areawide development plan shall not be required to
 2121  undergo further development-of-regional-impact review, unless
 2122  otherwise provided in the development order. As used in this
 2123  subsection, the term:
 2124         1. “Areawide development plan” means a plan of development
 2125  that, at a minimum:
 2126         a. Encompasses a defined planning area approved pursuant to
 2127  this subsection that will include at least two or more
 2128  developments;
 2129         b. Maps and defines the land uses proposed, including the
 2130  amount of development by use and development phasing;
 2131         c. Integrates a capital improvements program for
 2132  transportation and other public facilities to ensure development
 2133  staging contingent on availability of facilities and services;
 2134         d. Incorporates land development regulation, covenants, and
 2135  other restrictions adequate to protect resources and facilities
 2136  of regional and state significance; and
 2137         e. Specifies responsibilities and identifies the mechanisms
 2138  for carrying out all commitments in the areawide development
 2139  plan and for compliance with all conditions of any areawide
 2140  development order.
 2141         2. “Developer” means any person or association of persons,
 2142  including a governmental agency as defined in s. 380.031(6),
 2143  that petitions for authorization to file an application for
 2144  development approval for an areawide development plan.
 2145         (b) A developer may petition for authorization to submit a
 2146  proposed areawide development of regional impact for a defined
 2147  planning area in accordance with the following requirements:
 2148         1. A petition shall be submitted to the local government,
 2149  the regional planning agency, and the state land planning
 2150  agency.
 2151         2. A public hearing or joint public hearing shall be held
 2152  if required by paragraph (e), with appropriate notice, before
 2153  the affected local government.
 2154         3. The state land planning agency shall apply the following
 2155  criteria for evaluating a petition:
 2156         a. Whether the developer is financially capable of
 2157  processing the application for development approval through
 2158  final approval pursuant to this section.
 2159         b. Whether the defined planning area and anticipated
 2160  development therein appear to be of a character, magnitude, and
 2161  location that a proposed areawide development plan would be in
 2162  the public interest. Any public interest determination under
 2163  this criterion is preliminary and not binding on the state land
 2164  planning agency, regional planning agency, or local government.
 2165         4. The state land planning agency shall develop and make
 2166  available standard forms for petitions and applications for
 2167  development approval for use under this subsection.
 2168         (c) Any person may submit a petition to a local government
 2169  having jurisdiction over an area to be developed, requesting
 2170  that government to approve that person as a developer, whether
 2171  or not any or all development will be undertaken by that person,
 2172  and to approve the area as appropriate for an areawide
 2173  development of regional impact.
 2174         (d) A general purpose local government with jurisdiction
 2175  over an area to be considered in an areawide development of
 2176  regional impact shall not have to petition itself for
 2177  authorization to prepare and consider an application for
 2178  development approval for an areawide development plan. However,
 2179  such a local government shall initiate the preparation of an
 2180  application only:
 2181         1. After scheduling and conducting a public hearing as
 2182  specified in paragraph (e); and
 2183         2. After conducting such hearing, finding that the planning
 2184  area meets the standards and criteria pursuant to subparagraph
 2185  (b)3. for determining that an areawide development plan will be
 2186  in the public interest.
 2187         (e) The local government shall schedule a public hearing
 2188  within 60 days after receipt of the petition. The public hearing
 2189  shall be advertised at least 30 days prior to the hearing. In
 2190  addition to the public hearing notice by the local government,
 2191  the petitioner, except when the petitioner is a local
 2192  government, shall provide actual notice to each person owning
 2193  land within the proposed areawide development plan at least 30
 2194  days prior to the hearing. If the petitioner is a local
 2195  government, or local governments pursuant to an interlocal
 2196  agreement, notice of the public hearing shall be provided by the
 2197  publication of an advertisement in a newspaper of general
 2198  circulation that meets the requirements of this paragraph. The
 2199  advertisement must be no less than one-quarter page in a
 2200  standard size or tabloid size newspaper, and the headline in the
 2201  advertisement must be in type no smaller than 18 point. The
 2202  advertisement shall not be published in that portion of the
 2203  newspaper where legal notices and classified advertisements
 2204  appear. The advertisement must be published in a newspaper of
 2205  general paid circulation in the county and of general interest
 2206  and readership in the community, not one of limited subject
 2207  matter, pursuant to chapter 50. Whenever possible, the
 2208  advertisement must appear in a newspaper that is published at
 2209  least 5 days a week, unless the only newspaper in the community
 2210  is published less than 5 days a week. The advertisement must be
 2211  in substantially the form used to advertise amendments to
 2212  comprehensive plans pursuant to s. 163.3184. The local
 2213  government shall specifically notify in writing the regional
 2214  planning agency and the state land planning agency at least 30
 2215  days prior to the public hearing. At the public hearing, all
 2216  interested parties may testify and submit evidence regarding the
 2217  petitioner’s qualifications, the need for and benefits of an
 2218  areawide development of regional impact, and such other issues
 2219  relevant to a full consideration of the petition. If more than
 2220  one local government has jurisdiction over the defined planning
 2221  area in an areawide development plan, the local governments
 2222  shall hold a joint public hearing. Such hearing shall address,
 2223  at a minimum, the need to resolve conflicting ordinances or
 2224  comprehensive plans, if any. The local government holding the
 2225  joint hearing shall comply with the following additional
 2226  requirements:
 2227         1. The notice of the hearing shall be published at least 60
 2228  days in advance of the hearing and shall specify where the
 2229  petition may be reviewed.
 2230         2. The notice shall be given to the state land planning
 2231  agency, to the applicable regional planning agency, and to such
 2232  other persons as may have been designated by the state land
 2233  planning agency as entitled to receive such notices.
 2234         3. A public hearing date shall be set by the appropriate
 2235  local government at the next scheduled meeting.
 2236         (f) Following the public hearing, the local government
 2237  shall issue a written order, appealable under s. 380.07, which
 2238  approves, approves with conditions, or denies the petition. It
 2239  shall approve the petitioner as the developer if it finds that
 2240  the petitioner and defined planning area meet the standards and
 2241  criteria, consistent with applicable law, pursuant to
 2242  subparagraph (b)3.
 2243         (g) The local government shall submit any order which
 2244  approves the petition, or approves the petition with conditions,
 2245  to the petitioner, to all owners of property within the defined
 2246  planning area, to the regional planning agency, and to the state
 2247  land planning agency within 30 days after the order becomes
 2248  effective.
 2249         (h) The petitioner, an owner of property within the defined
 2250  planning area, the appropriate regional planning agency by vote
 2251  at a regularly scheduled meeting, or the state land planning
 2252  agency may appeal the decision of the local government to the
 2253  Florida Land and Water Adjudicatory Commission by filing a
 2254  notice of appeal with the commission. The procedures established
 2255  in s. 380.07 shall be followed for such an appeal.
 2256         (i) After the time for appeal of the decision has run, an
 2257  approved developer may submit an application for development
 2258  approval for a proposed areawide development of regional impact
 2259  for land within the defined planning area, pursuant to
 2260  subsection (6). Development undertaken in conformance with an
 2261  areawide development order issued under this section shall not
 2262  require further development-of-regional-impact review.
 2263         (j) In reviewing an application for a proposed areawide
 2264  development of regional impact, the regional planning agency
 2265  shall evaluate, and the local government shall consider, the
 2266  following criteria, in addition to any other criteria set forth
 2267  in this section:
 2268         1. Whether the developer has demonstrated its legal,
 2269  financial, and administrative ability to perform any commitments
 2270  it has made in the application for a proposed areawide
 2271  development of regional impact.
 2272         2. Whether the developer has demonstrated that all property
 2273  owners within the defined planning area consent or do not object
 2274  to the proposed areawide development of regional impact.
 2275         3. Whether the area and the anticipated development are
 2276  consistent with the applicable local, regional, and state
 2277  comprehensive plans, except as provided for in paragraph (k).
 2278         (k) In addition to the requirements of subsection (14), a
 2279  development order approving, or approving with conditions, a
 2280  proposed areawide development of regional impact shall specify
 2281  the approved land uses and the amount of development approved
 2282  within each land use category in the defined planning area. The
 2283  development order shall incorporate by reference the approved
 2284  areawide development plan. The local government shall not
 2285  approve an areawide development plan that is inconsistent with
 2286  the local comprehensive plan, except that a local government may
 2287  amend its comprehensive plan pursuant to paragraph (6)(b).
 2288         (l) Any owner of property within the defined planning area
 2289  may withdraw his or her consent to the areawide development plan
 2290  at any time prior to local government approval, with or without
 2291  conditions, of the petition; and the plan, the areawide
 2292  development order, and the exemption from development-of
 2293  regional-impact review of individual projects under this section
 2294  shall not thereafter apply to the owner’s property. After the
 2295  areawide development order is issued, a landowner may withdraw
 2296  his or her consent only with the approval of the local
 2297  government.
 2298         (m) If the developer of an areawide development of regional
 2299  impact is a general purpose local government with jurisdiction
 2300  over the land area included within the areawide development
 2301  proposal and if no interest in the land within the land area is
 2302  owned, leased, or otherwise controlled by a person, corporate or
 2303  natural, for the purpose of mining or beneficiation of minerals,
 2304  then:
 2305         1. Demonstration of property owner consent or lack of
 2306  objection to an areawide development plan shall not be required;
 2307  and
 2308         2. The option to withdraw consent does not apply, and all
 2309  property and development within the areawide development
 2310  planning area shall be subject to the areawide plan and to the
 2311  development order conditions.
 2312         (n) After a development order approving an areawide
 2313  development plan is received, changes shall be subject to the
 2314  provisions of subsection (19), except that the percentages and
 2315  numerical criteria shall be double those listed in paragraph
 2316  (19)(b).
 2317         (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 2318         (a) There is hereby established a process to abandon a
 2319  development of regional impact and its associated development
 2320  orders. A development of regional impact and its associated
 2321  development orders may be proposed to be abandoned by the owner
 2322  or developer. The local government in whose jurisdiction in
 2323  which the development of regional impact is located also may
 2324  propose to abandon the development of regional impact, provided
 2325  that the local government gives individual written notice to
 2326  each development-of-regional-impact owner and developer of
 2327  record, and provided that no such owner or developer objects in
 2328  writing to the local government before prior to or at the public
 2329  hearing pertaining to abandonment of the development of regional
 2330  impact. The state land planning agency is authorized to
 2331  promulgate rules that shall include, but not be limited to,
 2332  criteria for determining whether to grant, grant with
 2333  conditions, or deny a proposal to abandon, and provisions to
 2334  ensure that the developer satisfies all applicable conditions of
 2335  the development order and adequately mitigates for the impacts
 2336  of the development. If there is no existing development within
 2337  the development of regional impact at the time of abandonment
 2338  and no development within the development of regional impact is
 2339  proposed by the owner or developer after such abandonment, an
 2340  abandonment order may shall not require the owner or developer
 2341  to contribute any land, funds, or public facilities as a
 2342  condition of such abandonment order. The local government must
 2343  file rules shall also provide a procedure for filing notice of
 2344  the abandonment pursuant to s. 28.222 with the clerk of the
 2345  circuit court for each county in which the development of
 2346  regional impact is located. Abandonment will be deemed to have
 2347  occurred upon the recording of the notice. Any decision by a
 2348  local government concerning the abandonment of a development of
 2349  regional impact is shall be subject to an appeal pursuant to s.
 2350  380.07. The issues in any such appeal must shall be confined to
 2351  whether the provisions of this subsection or any rules
 2352  promulgated thereunder have been satisfied.
 2353         (b) If requested by the owner, developer, or local
 2354  government, the development-of-regional-impact development order
 2355  must be abandoned by the local government having jurisdiction
 2356  upon a showing that all required mitigation related to the
 2357  amount of development which existed on the date of abandonment
 2358  has been completed or will be completed under an existing permit
 2359  or equivalent authorization issued by a governmental agency as
 2360  defined in s. 380.031(6), provided such permit or authorization
 2361  is subject to enforcement through administrative or judicial
 2362  remedies Upon receipt of written confirmation from the state
 2363  land planning agency that any required mitigation applicable to
 2364  completed development has occurred, an industrial development of
 2365  regional impact located within the coastal high-hazard area of a
 2366  rural area of opportunity which was approved before the adoption
 2367  of the local government’s comprehensive plan required under s.
 2368  163.3167 and which plan’s future land use map and zoning
 2369  designates the land use for the development of regional impact
 2370  as commercial may be unilaterally abandoned without the need to
 2371  proceed through the process described in paragraph (a) if the
 2372  developer or owner provides a notice of abandonment to the local
 2373  government and records such notice with the applicable clerk of
 2374  court. Abandonment shall be deemed to have occurred upon the
 2375  recording of the notice. All development following abandonment
 2376  must shall be fully consistent with the current comprehensive
 2377  plan and applicable zoning.
 2378         (c)A development order for abandonment of an approved
 2379  development of regional impact may be amended by a local
 2380  government pursuant to subsection (7), provided that the
 2381  amendment does not reduce any mitigation previously required as
 2382  a condition of abandonment, unless the developer demonstrates
 2383  that changes to the development no longer will result in impacts
 2384  that necessitated the mitigation.
 2385         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
 2386  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
 2387  or her rights, responsibilities, and obligations under a
 2388  development order and the development order does not clearly
 2389  define his or her rights, responsibilities, and obligations, the
 2390  developer or owner may request participation in resolving the
 2391  dispute through the dispute resolution process outlined in s.
 2392  186.509. The Department of Economic Opportunity shall be
 2393  notified by certified mail of any meeting held under the process
 2394  provided for by this subsection at least 5 days before the
 2395  meeting.
 2396         (28) PARTIAL STATUTORY EXEMPTIONS.—
 2397         (a) If the binding agreement referenced under paragraph
 2398  (24)(l) for urban service boundaries is not entered into within
 2399  12 months after establishment of the urban service boundary, the
 2400  development-of-regional-impact review for projects within the
 2401  urban service boundary must address transportation impacts only.
 2402         (b) If the binding agreement referenced under paragraph
 2403  (24)(m) for rural land stewardship areas is not entered into
 2404  within 12 months after the designation of a rural land
 2405  stewardship area, the development-of-regional-impact review for
 2406  projects within the rural land stewardship area must address
 2407  transportation impacts only.
 2408         (c) If the binding agreement for designated urban infill
 2409  and redevelopment areas is not entered into within 12 months
 2410  after the designation of the area or July 1, 2007, whichever
 2411  occurs later, the development-of-regional-impact review for
 2412  projects within the urban infill and redevelopment area must
 2413  address transportation impacts only.
 2414         (d) A local government that does not wish to enter into a
 2415  binding agreement or that is unable to agree on the terms of the
 2416  agreement referenced under paragraph (24)(l) or paragraph
 2417  (24)(m) shall provide written notification to the state land
 2418  planning agency of the decision to not enter into a binding
 2419  agreement or the failure to enter into a binding agreement
 2420  within the 12-month period referenced in paragraphs (a), (b) and
 2421  (c). Following the notification of the state land planning
 2422  agency, development-of-regional-impact review for projects
 2423  within an urban service boundary under paragraph (24)(l), or a
 2424  rural land stewardship area under paragraph (24)(m), must
 2425  address transportation impacts only.
 2426         (e) The vesting provision of s. 163.3167(5) relating to an
 2427  authorized development of regional impact does not apply to
 2428  those projects partially exempt from the development-of
 2429  regional-impact review process under paragraphs (a)-(d).
 2430         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 2431         (a) The following are exempt from this section:
 2432         1. Any proposed development in a municipality that has an
 2433  average of at least 1,000 people per square mile of land area
 2434  and a minimum total population of at least 5,000;
 2435         2. Any proposed development within a county, including the
 2436  municipalities located in the county, that has an average of at
 2437  least 1,000 people per square mile of land area and is located
 2438  within an urban service area as defined in s. 163.3164 which has
 2439  been adopted into the comprehensive plan;
 2440         3. Any proposed development within a county, including the
 2441  municipalities located therein, which has a population of at
 2442  least 900,000, that has an average of at least 1,000 people per
 2443  square mile of land area, but which does not have an urban
 2444  service area designated in the comprehensive plan; or
 2445         4. Any proposed development within a county, including the
 2446  municipalities located therein, which has a population of at
 2447  least 1 million and is located within an urban service area as
 2448  defined in s. 163.3164 which has been adopted into the
 2449  comprehensive plan.
 2450  
 2451  The Office of Economic and Demographic Research within the
 2452  Legislature shall annually calculate the population and density
 2453  criteria needed to determine which jurisdictions meet the
 2454  density criteria in subparagraphs 1.-4. by using the most recent
 2455  land area data from the decennial census conducted by the Bureau
 2456  of the Census of the United States Department of Commerce and
 2457  the latest available population estimates determined pursuant to
 2458  s. 186.901. If any local government has had an annexation,
 2459  contraction, or new incorporation, the Office of Economic and
 2460  Demographic Research shall determine the population density
 2461  using the new jurisdictional boundaries as recorded in
 2462  accordance with s. 171.091. The Office of Economic and
 2463  Demographic Research shall annually submit to the state land
 2464  planning agency by July 1 a list of jurisdictions that meet the
 2465  total population and density criteria. The state land planning
 2466  agency shall publish the list of jurisdictions on its Internet
 2467  website within 7 days after the list is received. The
 2468  designation of jurisdictions that meet the criteria of
 2469  subparagraphs 1.-4. is effective upon publication on the state
 2470  land planning agency’s Internet website. If a municipality that
 2471  has previously met the criteria no longer meets the criteria,
 2472  the state land planning agency shall maintain the municipality
 2473  on the list and indicate the year the jurisdiction last met the
 2474  criteria. However, any proposed development of regional impact
 2475  not within the established boundaries of a municipality at the
 2476  time the municipality last met the criteria must meet the
 2477  requirements of this section until such time as the municipality
 2478  as a whole meets the criteria. Any county that meets the
 2479  criteria shall remain on the list in accordance with the
 2480  provisions of this paragraph. Any jurisdiction that was placed
 2481  on the dense urban land area list before June 2, 2011, shall
 2482  remain on the list in accordance with the provisions of this
 2483  paragraph.
 2484         (b) If a municipality that does not qualify as a dense
 2485  urban land area pursuant to paragraph (a) designates any of the
 2486  following areas in its comprehensive plan, any proposed
 2487  development within the designated area is exempt from the
 2488  development-of-regional-impact process:
 2489         1. Urban infill as defined in s. 163.3164;
 2490         2. Community redevelopment areas as defined in s. 163.340;
 2491         3. Downtown revitalization areas as defined in s. 163.3164;
 2492         4. Urban infill and redevelopment under s. 163.2517; or
 2493         5. Urban service areas as defined in s. 163.3164 or areas
 2494  within a designated urban service boundary under s.
 2495  163.3177(14), Florida Statutes (2010).
 2496         (c) If a county that does not qualify as a dense urban land
 2497  area designates any of the following areas in its comprehensive
 2498  plan, any proposed development within the designated area is
 2499  exempt from the development-of-regional-impact process:
 2500         1. Urban infill as defined in s. 163.3164;
 2501         2. Urban infill and redevelopment under s. 163.2517; or
 2502         3. Urban service areas as defined in s. 163.3164.
 2503         (d) A development that is located partially outside an area
 2504  that is exempt from the development-of-regional-impact program
 2505  must undergo development-of-regional-impact review pursuant to
 2506  this section. However, if the total acreage that is included
 2507  within the area exempt from development-of-regional-impact
 2508  review exceeds 85 percent of the total acreage and square
 2509  footage of the approved development of regional impact, the
 2510  development-of-regional-impact development order may be
 2511  rescinded in both local governments pursuant to s. 380.115(1),
 2512  unless the portion of the development outside the exempt area
 2513  meets the threshold criteria of a development-of-regional
 2514  impact.
 2515         (e) In an area that is exempt under paragraphs (a)-(c), any
 2516  previously approved development-of-regional-impact development
 2517  orders shall continue to be effective, but the developer has the
 2518  option to be governed by s. 380.115(1). A pending application
 2519  for development approval shall be governed by s. 380.115(2).
 2520         (f) Local governments must submit by mail a development
 2521  order to the state land planning agency for projects that would
 2522  be larger than 120 percent of any applicable development-of
 2523  regional-impact threshold and would require development-of
 2524  regional-impact review but for the exemption from the program
 2525  under paragraphs (a)-(c). For such development orders, the state
 2526  land planning agency may appeal the development order pursuant
 2527  to s. 380.07 for inconsistency with the comprehensive plan
 2528  adopted under chapter 163.
 2529         (g) If a local government that qualifies as a dense urban
 2530  land area under this subsection is subsequently found to be
 2531  ineligible for designation as a dense urban land area, any
 2532  development located within that area which has a complete,
 2533  pending application for authorization to commence development
 2534  may maintain the exemption if the developer is continuing the
 2535  application process in good faith or the development is
 2536  approved.
 2537         (h) This subsection does not limit or modify the rights of
 2538  any person to complete any development that has been authorized
 2539  as a development of regional impact pursuant to this chapter.
 2540         (i) This subsection does not apply to areas:
 2541         1. Within the boundary of any area of critical state
 2542  concern designated pursuant to s. 380.05;
 2543         2. Within the boundary of the Wekiva Study Area as
 2544  described in s. 369.316; or
 2545         3. Within 2 miles of the boundary of the Everglades
 2546  Protection Area as described in s. 373.4592(2).
 2547         (12)(30) PROPOSED DEVELOPMENTS.—A proposed development that
 2548  exceeds the statewide guidelines and standards specified in s.
 2549  380.0651 and is not otherwise exempt pursuant to s. 380.0651
 2550  must otherwise subject to the review requirements of this
 2551  section shall be approved by a local government pursuant to s.
 2552  163.3184(4) in lieu of proceeding in accordance with this
 2553  section. However, if the proposed development is consistent with
 2554  the comprehensive plan as provided in s. 163.3194(3)(b), the
 2555  development is not required to undergo review pursuant to s.
 2556  163.3184(4) or this section. This subsection does not apply to
 2557  amendments to a development order governing an existing
 2558  development of regional impact.
 2559         Section 2. Section 380.061, Florida Statutes, is amended to
 2560  read:
 2561         380.061 The Florida Quality Developments program.—
 2562         (1) This section only applies to developments approved as
 2563  Florida Quality Developments before the effective date of this
 2564  act There is hereby created the Florida Quality Developments
 2565  program. The intent of this program is to encourage development
 2566  which has been thoughtfully planned to take into consideration
 2567  protection of Florida’s natural amenities, the cost to local
 2568  government of providing services to a growing community, and the
 2569  high quality of life Floridians desire. It is further intended
 2570  that the developer be provided, through a cooperative and
 2571  coordinated effort, an expeditious and timely review by all
 2572  agencies with jurisdiction over the project of his or her
 2573  proposed development.
 2574         (2) Following written notification to the state land
 2575  planning agency and the appropriate regional planning agency, a
 2576  local government with an approved Florida Quality Development
 2577  within its jurisdiction must set a public hearing pursuant to
 2578  its local procedures and shall adopt a local development order
 2579  to replace and supersede the development order adopted by the
 2580  state land planning agency for the Florida Quality Development.
 2581  Thereafter, the Florida Quality Development shall follow the
 2582  procedures and requirements for developments of regional impact
 2583  as specified in this chapter Developments that may be designated
 2584  as Florida Quality Developments are those developments which are
 2585  above 80 percent of any numerical thresholds in the guidelines
 2586  and standards for development-of-regional-impact review pursuant
 2587  to s. 380.06.
 2588         (3)(a) To be eligible for designation under this program,
 2589  the developer shall comply with each of the following
 2590  requirements if applicable to the site of a qualified
 2591  development:
 2592         1. Donate or enter into a binding commitment to donate the
 2593  fee or a lesser interest sufficient to protect, in perpetuity,
 2594  the natural attributes of the types of land listed below. In
 2595  lieu of this requirement, the developer may enter into a binding
 2596  commitment that runs with the land to set aside such areas on
 2597  the property, in perpetuity, as open space to be retained in a
 2598  natural condition or as otherwise permitted under this
 2599  subparagraph. Under the requirements of this subparagraph, the
 2600  developer may reserve the right to use such areas for passive
 2601  recreation that is consistent with the purposes for which the
 2602  land was preserved.
 2603         a. Those wetlands and water bodies throughout the state
 2604  which would be delineated if the provisions of s. 373.4145(1)(b)
 2605  were applied. The developer may use such areas for the purpose
 2606  of site access, provided other routes of access are unavailable
 2607  or impracticable; may use such areas for the purpose of
 2608  stormwater or domestic sewage management and other necessary
 2609  utilities if such uses are permitted pursuant to chapter 403; or
 2610  may redesign or alter wetlands and water bodies within the
 2611  jurisdiction of the Department of Environmental Protection which
 2612  have been artificially created if the redesign or alteration is
 2613  done so as to produce a more naturally functioning system.
 2614         b. Active beach or primary and, where appropriate,
 2615  secondary dunes, to maintain the integrity of the dune system
 2616  and adequate public accessways to the beach. However, the
 2617  developer may retain the right to construct and maintain
 2618  elevated walkways over the dunes to provide access to the beach.
 2619         c. Known archaeological sites determined to be of
 2620  significance by the Division of Historical Resources of the
 2621  Department of State.
 2622         d. Areas known to be important to animal species designated
 2623  as endangered or threatened by the United States Fish and
 2624  Wildlife Service or by the Fish and Wildlife Conservation
 2625  Commission, for reproduction, feeding, or nesting; for traveling
 2626  between such areas used for reproduction, feeding, or nesting;
 2627  or for escape from predation.
 2628         e. Areas known to contain plant species designated as
 2629  endangered by the Department of Agriculture and Consumer
 2630  Services.
 2631         2. Produce, or dispose of, no substances designated as
 2632  hazardous or toxic substances by the United States Environmental
 2633  Protection Agency, the Department of Environmental Protection,
 2634  or the Department of Agriculture and Consumer Services. This
 2635  subparagraph does not apply to the production of these
 2636  substances in nonsignificant amounts as would occur through
 2637  household use or incidental use by businesses.
 2638         3. Participate in a downtown reuse or redevelopment program
 2639  to improve and rehabilitate a declining downtown area.
 2640         4. Incorporate no dredge and fill activities in, and no
 2641  stormwater discharge into, waters designated as Class II,
 2642  aquatic preserves, or Outstanding Florida Waters, except as
 2643  permitted pursuant to s. 403.813(1), and the developer
 2644  demonstrates that those activities meet the standards under
 2645  Class II waters, Outstanding Florida Waters, or aquatic
 2646  preserves, as applicable.
 2647         5. Include open space, recreation areas, Florida-friendly
 2648  landscaping as defined in s. 373.185, and energy conservation
 2649  and minimize impermeable surfaces as appropriate to the location
 2650  and type of project.
 2651         6. Provide for construction and maintenance of all onsite
 2652  infrastructure necessary to support the project and enter into a
 2653  binding commitment with local government to provide an
 2654  appropriate fair-share contribution toward the offsite impacts
 2655  that the development will impose on publicly funded facilities
 2656  and services, except offsite transportation, and condition or
 2657  phase the commencement of development to ensure that public
 2658  facilities and services, except offsite transportation, are
 2659  available concurrent with the impacts of the development. For
 2660  the purposes of offsite transportation impacts, the developer
 2661  shall comply, at a minimum, with the standards of the state land
 2662  planning agency’s development-of-regional-impact transportation
 2663  rule, the approved strategic regional policy plan, any
 2664  applicable regional planning council transportation rule, and
 2665  the approved local government comprehensive plan and land
 2666  development regulations adopted pursuant to part II of chapter
 2667  163.
 2668         7. Design and construct the development in a manner that is
 2669  consistent with the adopted state plan, the applicable strategic
 2670  regional policy plan, and the applicable adopted local
 2671  government comprehensive plan.
 2672         (b) In addition to the foregoing requirements, the
 2673  developer shall plan and design his or her development in a
 2674  manner which includes the needs of the people in this state as
 2675  identified in the state comprehensive plan and the quality of
 2676  life of the people who will live and work in or near the
 2677  development. The developer is encouraged to plan and design his
 2678  or her development in an innovative manner. These planning and
 2679  design features may include, but are not limited to, such things
 2680  as affordable housing, care for the elderly, urban renewal or
 2681  redevelopment, mass transit, the protection and preservation of
 2682  wetlands outside the jurisdiction of the Department of
 2683  Environmental Protection or of uplands as wildlife habitat,
 2684  provision for the recycling of solid waste, provision for onsite
 2685  child care, enhancement of emergency management capabilities,
 2686  the preservation of areas known to be primary habitat for
 2687  significant populations of species of special concern designated
 2688  by the Fish and Wildlife Conservation Commission, or community
 2689  economic development. These additional amenities will be
 2690  considered in determining whether the development qualifies for
 2691  designation under this program.
 2692         (4) The department shall adopt an application for
 2693  development designation consistent with the intent of this
 2694  section.
 2695         (5)(a) Before filing an application for development
 2696  designation, the developer shall contact the Department of
 2697  Economic Opportunity to arrange one or more preapplication
 2698  conferences with the other reviewing entities. Upon the request
 2699  of the developer or any of the reviewing entities, other
 2700  affected state or regional agencies shall participate in this
 2701  conference. The department, in coordination with the local
 2702  government with jurisdiction and the regional planning council,
 2703  shall provide the developer information about the Florida
 2704  Quality Developments designation process and the use of
 2705  preapplication conferences to identify issues, coordinate
 2706  appropriate state, regional, and local agency requirements,
 2707  fully address any concerns of the local government, the regional
 2708  planning council, and other reviewing agencies and the meeting
 2709  of those concerns, if applicable, through development order
 2710  conditions, and otherwise promote a proper, efficient, and
 2711  timely review of the proposed Florida Quality Development. The
 2712  department shall take the lead in coordinating the review
 2713  process.
 2714         (b) The developer shall submit the application to the state
 2715  land planning agency, the appropriate regional planning agency,
 2716  and the appropriate local government for review. The review
 2717  shall be conducted under the time limits and procedures set
 2718  forth in s. 120.60, except that the 90-day time limit shall
 2719  cease to run when the state land planning agency and the local
 2720  government have notified the applicant of their decision on
 2721  whether the development should be designated under this program.
 2722         (c) At any time prior to the issuance of the Florida
 2723  Quality Development development order, the developer of a
 2724  proposed Florida Quality Development shall have the right to
 2725  withdraw the proposed project from consideration as a Florida
 2726  Quality Development. The developer may elect to convert the
 2727  proposed project to a proposed development of regional impact.
 2728  The conversion shall be in the form of a letter to the reviewing
 2729  entities stating the developer’s intent to seek authorization
 2730  for the development as a development of regional impact under s.
 2731  380.06. If a proposed Florida Quality Development converts to a
 2732  development of regional impact, the developer shall resubmit the
 2733  appropriate application and the development shall be subject to
 2734  all applicable procedures under s. 380.06, except that:
 2735         1. A preapplication conference held under paragraph (a)
 2736  satisfies the preapplication procedures requirement under s.
 2737  380.06(7); and
 2738         2. If requested in the withdrawal letter, a finding of
 2739  completeness of the application under paragraph (a) and s.
 2740  120.60 may be converted to a finding of sufficiency by the
 2741  regional planning council if such a conversion is approved by
 2742  the regional planning council.
 2743  
 2744  The regional planning council shall have 30 days to notify the
 2745  developer if the request for conversion of completeness to
 2746  sufficiency is granted or denied. If granted and the application
 2747  is found sufficient, the regional planning council shall notify
 2748  the local government that a public hearing date may be set to
 2749  consider the development for approval as a development of
 2750  regional impact, and the development shall be subject to all
 2751  applicable rules, standards, and procedures of s. 380.06. If the
 2752  request for conversion of completeness to sufficiency is denied,
 2753  the developer shall resubmit the appropriate application for
 2754  review and the development shall be subject to all applicable
 2755  procedures under s. 380.06, except as otherwise provided in this
 2756  paragraph.
 2757         (d) If the local government and state land planning agency
 2758  agree that the project should be designated under this program,
 2759  the state land planning agency shall issue a development order
 2760  which incorporates the plan of development as set out in the
 2761  application along with any agreed-upon modifications and
 2762  conditions, based on recommendations by the local government and
 2763  regional planning council, and a certification that the
 2764  development is designated as one of Florida’s Quality
 2765  Developments. In the event of conflicting recommendations, the
 2766  state land planning agency, after consultation with the local
 2767  government and the regional planning agency, shall resolve such
 2768  conflicts in the development order. Upon designation, the
 2769  development, as approved, is exempt from development-of
 2770  regional-impact review pursuant to s. 380.06.
 2771         (e) If the local government or state land planning agency,
 2772  or both, recommends against designation, the development shall
 2773  undergo development-of-regional-impact review pursuant to s.
 2774  380.06, except as provided in subsection (6) of this section.
 2775         (6)(a) In the event that the development is not designated
 2776  under subsection (5), the developer may appeal that
 2777  determination to the Quality Developments Review Board. The
 2778  board shall consist of the secretary of the state land planning
 2779  agency, the Secretary of Environmental Protection and a member
 2780  designated by the secretary, the Secretary of Transportation,
 2781  the executive director of the Fish and Wildlife Conservation
 2782  Commission, the executive director of the appropriate water
 2783  management district created pursuant to chapter 373, and the
 2784  chief executive officer of the appropriate local government.
 2785  When there is a significant historical or archaeological site
 2786  within the boundaries of a development which is appealed to the
 2787  board, the director of the Division of Historical Resources of
 2788  the Department of State shall also sit on the board. The staff
 2789  of the state land planning agency shall serve as staff to the
 2790  board.
 2791         (b) The board shall meet once each quarter of the year.
 2792  However, a meeting may be waived if no appeals are pending.
 2793         (c) On appeal, the sole issue shall be whether the
 2794  development meets the statutory criteria for designation under
 2795  this program. An affirmative vote of at least five members of
 2796  the board, including the affirmative vote of the chief executive
 2797  officer of the appropriate local government, shall be necessary
 2798  to designate the development by the board.
 2799         (d) The state land planning agency shall adopt procedural
 2800  rules for consideration of appeals under this subsection.
 2801         (7)(a) The development order issued pursuant to this
 2802  section is enforceable in the same manner as a development order
 2803  issued pursuant to s. 380.06.
 2804         (b) Appeal of a development order issued pursuant to this
 2805  section shall be available only pursuant to s. 380.07.
 2806         (8)(a) Any local government comprehensive plan amendments
 2807  related to a Florida Quality Development may be initiated by a
 2808  local planning agency and considered by the local governing body
 2809  at the same time as the application for development approval.
 2810  Nothing in this subsection shall be construed to require
 2811  favorable consideration of a Florida Quality Development solely
 2812  because it is related to a development of regional impact.
 2813         (b) The department shall adopt, by rule, standards and
 2814  procedures necessary to implement the Florida Quality
 2815  Developments program. The rules must include, but need not be
 2816  limited to, provisions governing annual reports and criteria for
 2817  determining whether a proposed change to an approved Florida
 2818  Quality Development is a substantial change requiring further
 2819  review.
 2820         Section 3. Section 380.0651, Florida Statutes, is amended
 2821  to read:
 2822         380.0651 Statewide guidelines, and standards, and
 2823  exemptions.—
 2824         (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
 2825  guidelines and standards for developments required to undergo
 2826  development-of-regional-impact review provided in this section
 2827  supersede the statewide guidelines and standards previously
 2828  adopted by the Administration Commission that address the same
 2829  development. Other standards and guidelines previously adopted
 2830  by the Administration Commission, including the residential
 2831  standards and guidelines, shall not be superseded. The
 2832  guidelines and standards shall be applied in the manner
 2833  described in s. 380.06(2)(a).
 2834         (2) The Administration Commission shall publish the
 2835  statewide guidelines and standards established in this section
 2836  in its administrative rule in place of the guidelines and
 2837  standards that are superseded by this act, without the
 2838  proceedings required by s. 120.54 and notwithstanding the
 2839  provisions of s. 120.545(1)(c). The Administration Commission
 2840  shall initiate rulemaking proceedings pursuant to s. 120.54 to
 2841  make all other technical revisions necessary to conform the
 2842  rules to this act. Rule amendments made pursuant to this
 2843  subsection shall not be subject to the requirement for
 2844  legislative approval pursuant to s. 380.06(2).
 2845         (3)Subject to the exemptions and partial exemptions
 2846  specified in this section, the following statewide guidelines
 2847  and standards shall be applied in the manner described in s.
 2848  380.06(2) to determine whether the following developments are
 2849  subject to the requirements of s. 380.06 shall be required to
 2850  undergo development-of-regional-impact review:
 2851         (a) Airports.—
 2852         1. Any of the following airport construction projects is
 2853  shall be a development of regional impact:
 2854         a. A new commercial service or general aviation airport
 2855  with paved runways.
 2856         b. A new commercial service or general aviation paved
 2857  runway.
 2858         c. A new passenger terminal facility.
 2859         2. Lengthening of an existing runway by 25 percent or an
 2860  increase in the number of gates by 25 percent or three gates,
 2861  whichever is greater, on a commercial service airport or a
 2862  general aviation airport with regularly scheduled flights is a
 2863  development of regional impact. However, expansion of existing
 2864  terminal facilities at a nonhub or small hub commercial service
 2865  airport is shall not be a development of regional impact.
 2866         3. Any airport development project which is proposed for
 2867  safety, repair, or maintenance reasons alone and would not have
 2868  the potential to increase or change existing types of aircraft
 2869  activity is not a development of regional impact.
 2870  Notwithstanding subparagraphs 1. and 2., renovation,
 2871  modernization, or replacement of airport airside or terminal
 2872  facilities that may include increases in square footage of such
 2873  facilities but does not increase the number of gates or change
 2874  the existing types of aircraft activity is not a development of
 2875  regional impact.
 2876         (b) Attractions and recreation facilities.—Any sports,
 2877  entertainment, amusement, or recreation facility, including, but
 2878  not limited to, a sports arena, stadium, racetrack, tourist
 2879  attraction, amusement park, or pari-mutuel facility, the
 2880  construction or expansion of which:
 2881         1. For single performance facilities:
 2882         a. Provides parking spaces for more than 2,500 cars; or
 2883         b. Provides more than 10,000 permanent seats for
 2884  spectators.
 2885         2. For serial performance facilities:
 2886         a. Provides parking spaces for more than 1,000 cars; or
 2887         b. Provides more than 4,000 permanent seats for spectators.
 2888  
 2889  For purposes of this subsection, “serial performance facilities”
 2890  means those using their parking areas or permanent seating more
 2891  than one time per day on a regular or continuous basis.
 2892         (c) Office development.—Any proposed office building or
 2893  park operated under common ownership, development plan, or
 2894  management that:
 2895         1. Encompasses 300,000 or more square feet of gross floor
 2896  area; or
 2897         2. Encompasses more than 600,000 square feet of gross floor
 2898  area in a county with a population greater than 500,000 and only
 2899  in a geographic area specifically designated as highly suitable
 2900  for increased threshold intensity in the approved local
 2901  comprehensive plan.
 2902         (d) Retail and service development.—Any proposed retail,
 2903  service, or wholesale business establishment or group of
 2904  establishments which deals primarily with the general public
 2905  onsite, operated under one common property ownership,
 2906  development plan, or management that:
 2907         1. Encompasses more than 400,000 square feet of gross area;
 2908  or
 2909         2. Provides parking spaces for more than 2,500 cars.
 2910         (e) Recreational vehicle development.—Any proposed
 2911  recreational vehicle development planned to create or
 2912  accommodate 500 or more spaces.
 2913         (f) Multiuse development.—Any proposed development with two
 2914  or more land uses where the sum of the percentages of the
 2915  appropriate thresholds identified in chapter 28-24, Florida
 2916  Administrative Code, or this section for each land use in the
 2917  development is equal to or greater than 145 percent. Any
 2918  proposed development with three or more land uses, one of which
 2919  is residential and contains at least 100 dwelling units or 15
 2920  percent of the applicable residential threshold, whichever is
 2921  greater, where the sum of the percentages of the appropriate
 2922  thresholds identified in chapter 28-24, Florida Administrative
 2923  Code, or this section for each land use in the development is
 2924  equal to or greater than 160 percent. This threshold is in
 2925  addition to, and does not preclude, a development from being
 2926  required to undergo development-of-regional-impact review under
 2927  any other threshold.
 2928         (g) Residential development.—A rule may not be adopted
 2929  concerning residential developments which treats a residential
 2930  development in one county as being located in a less populated
 2931  adjacent county unless more than 25 percent of the development
 2932  is located within 2 miles or less of the less populated adjacent
 2933  county. The residential thresholds of adjacent counties with
 2934  less population and a lower threshold may not be controlling on
 2935  any development wholly located within areas designated as rural
 2936  areas of opportunity.
 2937         (h) Workforce housing.—The applicable guidelines for
 2938  residential development and the residential component for
 2939  multiuse development shall be increased by 50 percent where the
 2940  developer demonstrates that at least 15 percent of the total
 2941  residential dwelling units authorized within the development of
 2942  regional impact will be dedicated to affordable workforce
 2943  housing, subject to a recorded land use restriction that shall
 2944  be for a period of not less than 20 years and that includes
 2945  resale provisions to ensure long-term affordability for income
 2946  eligible homeowners and renters and provisions for the workforce
 2947  housing to be commenced prior to the completion of 50 percent of
 2948  the market rate dwelling. For purposes of this paragraph, the
 2949  term “affordable workforce housing” means housing that is
 2950  affordable to a person who earns less than 120 percent of the
 2951  area median income, or less than 140 percent of the area median
 2952  income if located in a county in which the median purchase price
 2953  for a single-family existing home exceeds the statewide median
 2954  purchase price of a single-family existing home. For the
 2955  purposes of this paragraph, the term “statewide median purchase
 2956  price of a single-family existing home” means the statewide
 2957  purchase price as determined in the Florida Sales Report,
 2958  Single-Family Existing Homes, released each January by the
 2959  Florida Association of Realtors and the University of Florida
 2960  Real Estate Research Center.
 2961         (i) Schools.—
 2962         1. The proposed construction of any public, private, or
 2963  proprietary postsecondary educational campus which provides for
 2964  a design population of more than 5,000 full-time equivalent
 2965  students, or the proposed physical expansion of any public,
 2966  private, or proprietary postsecondary educational campus having
 2967  such a design population that would increase the population by
 2968  at least 20 percent of the design population.
 2969         2. As used in this paragraph, “full-time equivalent
 2970  student” means enrollment for 15 or more quarter hours during a
 2971  single academic semester. In career centers or other
 2972  institutions which do not employ semester hours or quarter hours
 2973  in accounting for student participation, enrollment for 18
 2974  contact hours shall be considered equivalent to one quarter
 2975  hour, and enrollment for 27 contact hours shall be considered
 2976  equivalent to one semester hour.
 2977         3. This paragraph does not apply to institutions which are
 2978  the subject of a campus master plan adopted by the university
 2979  board of trustees pursuant to s. 1013.30.
 2980         (2) STATUTORY EXEMPTIONS.—The following developments are
 2981  exempt from s. 380.06:
 2982         (a) Any proposed hospital.
 2983         (b) Any proposed electrical transmission line or electrical
 2984  power plant.
 2985         (c) Any proposed addition to an existing sports facility
 2986  complex if the addition meets the following characteristics:
 2987         1. It would not operate concurrently with the scheduled
 2988  hours of operation of the existing facility;
 2989         2. Its seating capacity would be no more than 75 percent of
 2990  the capacity of the existing facility; and
 2991         3. The sports facility complex property was owned by a
 2992  public body before July 1, 1983.
 2993  
 2994  This exemption does not apply to any pari-mutuel facility as
 2995  defined in s. 550.002.
 2996         (d) Any proposed addition or cumulative additions
 2997  subsequent to July 1, 1988, to an existing sports facility
 2998  complex owned by a state university, if the increased seating
 2999  capacity of the complex is no more than 30 percent of the
 3000  capacity of the existing facility.
 3001         (e) Any addition of permanent seats or parking spaces for
 3002  an existing sports facility located on property owned by a
 3003  public body before July 1, 1973, if future additions do not
 3004  expand existing permanent seating or parking capacity more than
 3005  15 percent annually in excess of the prior year’s capacity.
 3006         (f) Any increase in the seating capacity of an existing
 3007  sports facility having a permanent seating capacity of at least
 3008  50,000 spectators, provided that such an increase does not
 3009  increase permanent seating capacity by more than 5 percent per
 3010  year and does not exceed a total of 10 percent in any 5-year
 3011  period. The sports facility must notify the appropriate local
 3012  government within which the facility is located of the increase
 3013  at least 6 months before the initial use of the increased
 3014  seating in order to permit the appropriate local government to
 3015  develop a traffic management plan for the traffic generated by
 3016  the increase. Any traffic management plan must be consistent
 3017  with the local comprehensive plan, the regional policy plan, and
 3018  the state comprehensive plan.
 3019         (g) Any expansion in the permanent seating capacity or
 3020  additional improved parking facilities of an existing sports
 3021  facility, if the following conditions exist:
 3022         1.a. The sports facility had a permanent seating capacity
 3023  on January 1, 1991, of at least 41,000 spectator seats;
 3024         b. The sum of such expansions in permanent seating capacity
 3025  does not exceed a total of 10 percent in any 5-year period and
 3026  does not exceed a cumulative total of 20 percent for any such
 3027  expansions; or
 3028         c. The increase in additional improved parking facilities
 3029  is a one-time addition and does not exceed 3,500 parking spaces
 3030  serving the sports facility; and
 3031         2. The local government having jurisdiction over the sports
 3032  facility includes in the development order or development permit
 3033  approving such expansion under this paragraph a finding of fact
 3034  that the proposed expansion is consistent with the
 3035  transportation, water, sewer, and stormwater drainage provisions
 3036  of the approved local comprehensive plan and local land
 3037  development regulations relating to those provisions.
 3038         (h) Expansion to port harbors, spoil disposal sites,
 3039  navigation channels, turning basins, harbor berths, and other
 3040  related inwater harbor facilities of the ports specified in s.
 3041  403.021(9)(b) when such expansions, projects, or facilities are
 3042  consistent with port master plans and are in compliance with s.
 3043  163.3178.
 3044         (i) Any proposed facility for the storage of any petroleum
 3045  product or any expansion of an existing facility.
 3046         (j) Any renovation or redevelopment within the same parcel
 3047  as the existing development if such renovation or redevelopment
 3048  does not change land use or increase density or intensity of
 3049  use.
 3050         (k) Waterport and marina development, including dry storage
 3051  facilities.
 3052         (l) Any proposed development within an urban service area
 3053  boundary established under s. 163.3177(14), Florida Statutes
 3054  (2010), that is not otherwise exempt pursuant to subsection (3),
 3055  if the local government having jurisdiction over the area where
 3056  the development is proposed has adopted the urban service area
 3057  boundary and has entered into a binding agreement with
 3058  jurisdictions that would be impacted and with the Department of
 3059  Transportation regarding the mitigation of impacts on state and
 3060  regional transportation facilities.
 3061         (m) Any proposed development within a rural land
 3062  stewardship area created under s. 163.3248.
 3063         (n) The establishment, relocation, or expansion of any
 3064  military installation as specified in s. 163.3175.
 3065         (o) Any self-storage warehousing that does not allow retail
 3066  or other services.
 3067         (p) Any proposed nursing home or assisted living facility.
 3068         (q) Any development identified in an airport master plan
 3069  and adopted into the comprehensive plan pursuant to s.
 3070  163.3177(6)(b)4.
 3071         (r) Any development identified in a campus master plan and
 3072  adopted pursuant to s. 1013.30.
 3073         (s) Any development in a detailed specific area plan
 3074  prepared and adopted pursuant to s. 163.3245.
 3075         (t) Any proposed solid mineral mine and any proposed
 3076  addition to, expansion of, or change to an existing solid
 3077  mineral mine. A mine owner must, however, enter into a binding
 3078  agreement with the Department of Transportation to mitigate
 3079  impacts to strategic intermodal system facilities.
 3080  Notwithstanding this requirement, pursuant to s. 380.115(1), a
 3081  previously approved solid mineral mine development-of-regional
 3082  impact development order continues to have vested rights and
 3083  continues to be effective unless rescinded by the developer. All
 3084  local government regulations of proposed solid mineral mines are
 3085  applicable to any new solid mineral mine or to any proposed
 3086  addition to, expansion of, or change to an existing solid
 3087  mineral mine.
 3088         (u) Notwithstanding any provision in an agreement with or
 3089  among a local government, regional agency, or the state land
 3090  planning agency or in a local government’s comprehensive plan to
 3091  the contrary, a project no longer subject to development-of
 3092  regional-impact review under the revised thresholds specified in
 3093  s. 380.06(2)(b) and this section.
 3094         (v) Any development within a county that has a research and
 3095  education authority created by special act and which is also
 3096  within a research and development park that is operated or
 3097  managed by a research and development authority pursuant to part
 3098  V of chapter 159.
 3099         (w) Any development in an energy economic zone designated
 3100  pursuant to s. 377.809 upon approval by its local governing
 3101  body.
 3102  
 3103  If a use is exempt from review pursuant to paragraphs (a)-(u),
 3104  but will be part of a larger project that is subject to review
 3105  pursuant to s. 380.06(12), the impact of the exempt use must be
 3106  included in the review of the larger project, unless such exempt
 3107  use involves a development that includes a landowner, tenant, or
 3108  user that has entered into a funding agreement with the
 3109  Department of Economic Opportunity under the Innovation
 3110  Incentive Program and the agreement contemplates a state award
 3111  of at least $50 million.
 3112         (3) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 3113         (a) The following are exempt from the requirements of s.
 3114  380.06:
 3115         1. Any proposed development in a municipality that has an
 3116  average of at least 1,000 people per square mile of land area
 3117  and a minimum total population of at least 5,000;
 3118         2. Any proposed development within a county, including the
 3119  municipalities located therein, having an average of at least
 3120  1,000 people per square mile of land area and the development is
 3121  located within an urban service area as defined in s. 163.3164
 3122  which has been adopted into the comprehensive plan as defined in
 3123  s. 163.3164;
 3124         3. Any proposed development within a county, including the
 3125  municipalities located therein, having a population of at least
 3126  900,000 and an average of at least 1,000 people per square mile
 3127  of land area, but which does not have an urban service area
 3128  designated in the comprehensive plan; and
 3129         4. Any proposed development within a county, including the
 3130  municipalities located therein, having a population of at least
 3131  1 million and the development is located within an urban service
 3132  area as defined in s. 163.3164 which has been adopted into the
 3133  comprehensive plan.
 3134  
 3135  The Office of Economic and Demographic Research within the
 3136  Legislature shall annually calculate the population and density
 3137  criteria needed to determine which jurisdictions meet the
 3138  density criteria in subparagraphs 1.-4. by using the most recent
 3139  land area data from the decennial census conducted by the Bureau
 3140  of the Census of the United States Department of Commerce and
 3141  the latest available population estimates determined pursuant to
 3142  s. 186.901. If any local government has had an annexation,
 3143  contraction, or new incorporation, the Office of Economic and
 3144  Demographic Research shall determine the population density
 3145  using the new jurisdictional boundaries as recorded in
 3146  accordance with s. 171.091. The Office of Economic and
 3147  Demographic Research shall annually submit to the state land
 3148  planning agency by July 1 a list of jurisdictions that meet the
 3149  total population and density criteria. The state land planning
 3150  agency shall publish the list of jurisdictions on its website
 3151  within 7 days after the list is received. The designation of
 3152  jurisdictions that meet the criteria of subparagraphs 1.-4. is
 3153  effective upon publication on the state land planning agency’s
 3154  website. If a municipality that has previously met the criteria
 3155  no longer meets the criteria, the state land planning agency
 3156  must maintain the municipality on the list and indicate the year
 3157  the jurisdiction last met the criteria. However, any proposed
 3158  development of regional impact not within the established
 3159  boundaries of a municipality at the time the municipality last
 3160  met the criteria must meet the requirements of this section
 3161  until the municipality as a whole meets the criteria. Any county
 3162  that meets the criteria must remain on the list. Any
 3163  jurisdiction that was placed on the dense urban land area list
 3164  before June 2, 2011, must remain on the list.
 3165         (b) If a municipality that does not qualify as a dense
 3166  urban land area pursuant to paragraph (a) designates any of the
 3167  following areas in its comprehensive plan, any proposed
 3168  development within the designated area is exempt from s. 380.06
 3169  unless otherwise required by part II of chapter 163:
 3170         1. Urban infill as defined in s. 163.3164;
 3171         2. Community redevelopment areas as defined in s. 163.340;
 3172         3. Downtown revitalization areas as defined in s. 163.3164;
 3173         4. Urban infill and redevelopment under s. 163.2517; or
 3174         5. Urban service areas as defined in s. 163.3164 or areas
 3175  within a designated urban service area boundary pursuant to s.
 3176  163.3177(14), Florida Statutes (2010).
 3177         (c) If a county that does not qualify as a dense urban land
 3178  area designates any of the following areas in its comprehensive
 3179  plan, any proposed development within the designated area is
 3180  exempt from the development-of-regional-impact process:
 3181         1. Urban infill as defined in s. 163.3164;
 3182         2. Urban infill and redevelopment pursuant to s. 163.2517;
 3183  or
 3184         3. Urban service areas as defined in s. 163.3164.
 3185         (d) If any part of the development is located an area that
 3186  is exempt from s. 380.06, all of the development is exempt from
 3187  s. 380.06.
 3188         (e) In an area that is exempt under paragraphs (a), (b),
 3189  and (c), any previously approved development-of-regional-impact
 3190  development orders shall continue to be effective. However, the
 3191  developer has the option to be governed by s. 380.115(1).
 3192         (f)If a local government qualifies as a dense urban land
 3193  area under this subsection and is subsequently found to be
 3194  ineligible for designation as a dense urban land area, any
 3195  development located within that area which has a complete,
 3196  pending application for authorization to commence development
 3197  shall maintain the exemption if the developer is continuing the
 3198  application process in good faith or the development is
 3199  approved.
 3200         (g) This subsection does not limit or modify the rights of
 3201  any person to complete any development that has been authorized
 3202  as a development of regional impact pursuant to this chapter.
 3203         (h) This subsection does not apply to areas:
 3204         1. Within the boundary of any area of critical state
 3205  concern designated pursuant to s. 380.05;
 3206         2. Within the boundary of the Wekiva Study Area as
 3207  described in s. 369.316; or
 3208         3. Within 2 miles of the boundary of the Everglades
 3209  Protection Area as defined in s. 373.4592.
 3210         (4) PARTIAL STATUTORY EXEMPTIONS.—
 3211         (a) If the binding agreement referenced under paragraph
 3212  (2)(l) for urban service boundaries is not entered into within
 3213  12 months after establishment of the urban service area
 3214  boundary, the review pursuant to s. 380.06(12) for projects
 3215  within the urban service area boundary must address
 3216  transportation impacts only.
 3217         (b) If the binding agreement referenced under paragraph
 3218  (2)(m) for rural land stewardship areas is not entered into
 3219  within 12 months after the designation of a rural land
 3220  stewardship area, the review pursuant to s. 380.06(12) for
 3221  projects within the rural land stewardship area must address
 3222  transportation impacts only.
 3223         (c) If the binding agreement for designated urban infill
 3224  and redevelopment areas is not entered into within 12 months
 3225  after the designation of the area or July 1, 2007, whichever
 3226  occurs later, the review pursuant to s. 380.06(12) for projects
 3227  within the urban infill and redevelopment area must address
 3228  transportation impacts only.
 3229         (d) A local government that does not wish to enter into a
 3230  binding agreement or that is unable to agree on the terms of the
 3231  agreement referenced under paragraph (2)(l) or paragraph (2)(m)
 3232  must provide written notification to the state land planning
 3233  agency of the decision to not enter into a binding agreement or
 3234  the failure to enter into a binding agreement within the 12
 3235  month period referenced in paragraphs (a), (b), and (c).
 3236  Following the notification of the state land planning agency, a
 3237  review pursuant to s. 380.06(12) for projects within an urban
 3238  service area boundary under paragraph (2)(l), or a rural land
 3239  stewardship area under paragraph (2)(m), must address
 3240  transportation impacts only.
 3241         (e) The vesting provision of s. 163.3167(5) relating to an
 3242  authorized development of regional impact does not apply to
 3243  those projects partially exempt from s. 380.06 under paragraphs
 3244  (a)-(d) of this subsection.
 3245         (4)Two or more developments, represented by their owners
 3246  or developers to be separate developments, shall be aggregated
 3247  and treated as a single development under this chapter when they
 3248  are determined to be part of a unified plan of development and
 3249  are physically proximate to one other.
 3250         (a) The criteria of three of the following subparagraphs
 3251  must be met in order for the state land planning agency to
 3252  determine that there is a unified plan of development:
 3253         1.a. The same person has retained or shared control of the
 3254  developments;
 3255         b. The same person has ownership or a significant legal or
 3256  equitable interest in the developments; or
 3257         c. There is common management of the developments
 3258  controlling the form of physical development or disposition of
 3259  parcels of the development.
 3260         2. There is a reasonable closeness in time between the
 3261  completion of 80 percent or less of one development and the
 3262  submission to a governmental agency of a master plan or series
 3263  of plans or drawings for the other development which is
 3264  indicative of a common development effort.
 3265         3. A master plan or series of plans or drawings exists
 3266  covering the developments sought to be aggregated which have
 3267  been submitted to a local general-purpose government, water
 3268  management district, the Florida Department of Environmental
 3269  Protection, or the Division of Florida Condominiums, Timeshares,
 3270  and Mobile Homes for authorization to commence development. The
 3271  existence or implementation of a utility’s master utility plan
 3272  required by the Public Service Commission or general-purpose
 3273  local government or a master drainage plan shall not be the sole
 3274  determinant of the existence of a master plan.
 3275         4. There is a common advertising scheme or promotional plan
 3276  in effect for the developments sought to be aggregated.
 3277         (b) The following activities or circumstances shall not be
 3278  considered in determining whether to aggregate two or more
 3279  developments:
 3280         1. Activities undertaken leading to the adoption or
 3281  amendment of any comprehensive plan element described in part II
 3282  of chapter 163.
 3283         2. The sale of unimproved parcels of land, where the seller
 3284  does not retain significant control of the future development of
 3285  the parcels.
 3286         3. The fact that the same lender has a financial interest,
 3287  including one acquired through foreclosure, in two or more
 3288  parcels, so long as the lender is not an active participant in
 3289  the planning, management, or development of the parcels in which
 3290  it has an interest.
 3291         4. Drainage improvements that are not designed to
 3292  accommodate the types of development listed in the guidelines
 3293  and standards contained in or adopted pursuant to this chapter
 3294  or which are not designed specifically to accommodate the
 3295  developments sought to be aggregated.
 3296         (c) Aggregation is not applicable when the following
 3297  circumstances and provisions of this chapter apply:
 3298         1. Developments that are otherwise subject to aggregation
 3299  with a development of regional impact which has received
 3300  approval through the issuance of a final development order may
 3301  not be aggregated with the approved development of regional
 3302  impact. However, this subparagraph does not preclude the state
 3303  land planning agency from evaluating an allegedly separate
 3304  development as a substantial deviation pursuant to s. 380.06(19)
 3305  or as an independent development of regional impact.
 3306         2. Two or more developments, each of which is independently
 3307  a development of regional impact that has or will obtain a
 3308  development order pursuant to s. 380.06.
 3309         3. Completion of any development that has been vested
 3310  pursuant to s. 380.05 or s. 380.06, including vested rights
 3311  arising out of agreements entered into with the state land
 3312  planning agency for purposes of resolving vested rights issues.
 3313  Development-of-regional-impact review of additions to vested
 3314  developments of regional impact shall not include review of the
 3315  impacts resulting from the vested portions of the development.
 3316         4. The developments sought to be aggregated were authorized
 3317  to commence development before September 1, 1988, and could not
 3318  have been required to be aggregated under the law existing
 3319  before that date.
 3320         5. Any development that qualifies for an exemption under s.
 3321  380.06(29).
 3322         6. Newly acquired lands intended for development in
 3323  coordination with a developed and existing development of
 3324  regional impact are not subject to aggregation if the newly
 3325  acquired lands comprise an area that is equal to or less than 10
 3326  percent of the total acreage subject to an existing development
 3327  of-regional-impact development order.
 3328         (d) The provisions of this subsection shall be applied
 3329  prospectively from September 1, 1988. Written decisions,
 3330  agreements, and binding letters of interpretation made or issued
 3331  by the state land planning agency prior to July 1, 1988, shall
 3332  not be affected by this subsection.
 3333         (e) In order to encourage developers to design, finance,
 3334  donate, or build infrastructure, public facilities, or services,
 3335  the state land planning agency may enter into binding agreements
 3336  with two or more developers providing that the joint planning,
 3337  sharing, or use of specified public infrastructure, facilities,
 3338  or services by the developers shall not be considered in any
 3339  subsequent determination of whether a unified plan of
 3340  development exists for their developments. Such binding
 3341  agreements may authorize the developers to pool impact fees or
 3342  impact-fee credits, or to enter into front-end agreements, or
 3343  other financing arrangements by which they collectively agree to
 3344  design, finance, donate, or build such public infrastructure,
 3345  facilities, or services. Such agreements shall be conditioned
 3346  upon a subsequent determination by the appropriate local
 3347  government of consistency with the approved local government
 3348  comprehensive plan and land development regulations.
 3349  Additionally, the developers must demonstrate that the provision
 3350  and sharing of public infrastructure, facilities, or services is
 3351  in the public interest and not merely for the benefit of the
 3352  developments which are the subject of the agreement.
 3353  Developments that are the subject of an agreement pursuant to
 3354  this paragraph shall be aggregated if the state land planning
 3355  agency determines that sufficient aggregation factors are
 3356  present to require aggregation without considering the design
 3357  features, financial arrangements, donations, or construction
 3358  that are specified in and required by the agreement.
 3359         (f) The state land planning agency has authority to adopt
 3360  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 3361  provisions of this subsection.
 3362         Section 4. Section 380.07, Florida Statutes, is amended to
 3363  read:
 3364         380.07 Florida Land and Water Adjudicatory Commission.—
 3365         (1) There is hereby created the Florida Land and Water
 3366  Adjudicatory Commission, which shall consist of the
 3367  Administration Commission. The commission may adopt rules
 3368  necessary to ensure compliance with the area of critical state
 3369  concern program and the requirements for developments of
 3370  regional impact as set forth in this chapter.
 3371         (2) Whenever any local government issues any development
 3372  order in any area of critical state concern, or in regard to the
 3373  abandonment of any approved development of regional impact,
 3374  copies of such orders as prescribed by rule by the state land
 3375  planning agency shall be transmitted to the state land planning
 3376  agency, the regional planning agency, and the owner or developer
 3377  of the property affected by such order. The state land planning
 3378  agency shall adopt rules describing development order rendition
 3379  and effectiveness in designated areas of critical state concern.
 3380  Within 45 days after the order is rendered, the owner, the
 3381  developer, or the state land planning agency may appeal the
 3382  order to the Florida Land and Water Adjudicatory Commission by
 3383  filing a petition alleging that the development order is not
 3384  consistent with the provisions of this part. The appropriate
 3385  regional planning agency by vote at a regularly scheduled
 3386  meeting may recommend that the state land planning agency
 3387  undertake an appeal of a development-of-regional-impact
 3388  development order. Upon the request of an appropriate regional
 3389  planning council, affected local government, or any citizen, the
 3390  state land planning agency shall consider whether to appeal the
 3391  order and shall respond to the request within the 45-day appeal
 3392  period.
 3393         (3) Notwithstanding any other provision of law, an appeal
 3394  of a development order in an area of critical state concern by
 3395  the state land planning agency under this section may include
 3396  consistency of the development order with the local
 3397  comprehensive plan. However, if a development order relating to
 3398  a development of regional impact has been challenged in a
 3399  proceeding under s. 163.3215 and a party to the proceeding
 3400  serves notice to the state land planning agency of the pending
 3401  proceeding under s. 163.3215, the state land planning agency
 3402  shall:
 3403         (a) Raise its consistency issues by intervening as a full
 3404  party in the pending proceeding under s. 163.3215 within 30 days
 3405  after service of the notice; and
 3406         (b) Dismiss the consistency issues from the development
 3407  order appeal.
 3408         (4) The appellant shall furnish a copy of the petition to
 3409  the opposing party, as the case may be, and to the local
 3410  government that issued the order. The filing of the petition
 3411  stays the effectiveness of the order until after the completion
 3412  of the appeal process.
 3413         (5) The 45-day appeal period for a development of regional
 3414  impact within the jurisdiction of more than one local government
 3415  shall not commence until after all the local governments having
 3416  jurisdiction over the proposed development of regional impact
 3417  have rendered their development orders. The appellant shall
 3418  furnish a copy of the notice of appeal to the opposing party, as
 3419  the case may be, and to the local government that which issued
 3420  the order. The filing of the notice of appeal stays shall stay
 3421  the effectiveness of the order until after the completion of the
 3422  appeal process.
 3423         (5)(6)Before Prior to issuing an order, the Florida Land
 3424  and Water Adjudicatory Commission shall hold a hearing pursuant
 3425  to the provisions of chapter 120. The commission shall encourage
 3426  the submission of appeals on the record made pursuant to
 3427  subsection (7) below in cases in which the development order was
 3428  issued after a full and complete hearing before the local
 3429  government or an agency thereof.
 3430         (6)(7) The Florida Land and Water Adjudicatory Commission
 3431  shall issue a decision granting or denying permission to develop
 3432  pursuant to the standards of this chapter and may attach
 3433  conditions and restrictions to its decisions.
 3434         (7)(8) If an appeal is filed with respect to any issues
 3435  within the scope of a permitting program authorized by chapter
 3436  161, chapter 373, or chapter 403 and for which a permit or
 3437  conceptual review approval has been obtained before prior to the
 3438  issuance of a development order, any such issue shall be
 3439  specifically identified in the notice of appeal which is filed
 3440  pursuant to this section, together with other issues that which
 3441  constitute grounds for the appeal. The appeal may proceed with
 3442  respect to issues within the scope of permitting programs for
 3443  which a permit or conceptual review approval has been obtained
 3444  before prior to the issuance of a development order only after
 3445  the commission determines by majority vote at a regularly
 3446  scheduled commission meeting that statewide or regional
 3447  interests may be adversely affected by the development. In
 3448  making this determination, there is shall be a rebuttable
 3449  presumption that statewide and regional interests relating to
 3450  issues within the scope of the permitting programs for which a
 3451  permit or conceptual approval has been obtained are not
 3452  adversely affected.
 3453         Section 5. Section 380.115, Florida Statutes, is amended to
 3454  read:
 3455         380.115 Vested rights and duties; effect of size reduction,
 3456  changes in statewide guidelines and standards.—
 3457         (1) A change in a development-of-regional-impact guideline
 3458  and standard does not abridge or modify any vested or other
 3459  right or any duty or obligation pursuant to any development
 3460  order or agreement that is applicable to a development of
 3461  regional impact. A development that has received a development
 3462  of-regional-impact development order pursuant to s. 380.06 but
 3463  is no longer required to undergo development-of-regional-impact
 3464  review by operation of law may elect a change in the guidelines
 3465  and standards, a development that has reduced its size below the
 3466  thresholds as specified in s. 380.0651, a development that is
 3467  exempt pursuant to s. 380.06(24) or (29), or a development that
 3468  elects to rescind the development order pursuant to are governed
 3469  by the following procedures:
 3470         (1)(a) The development shall continue to be governed by the
 3471  development-of-regional-impact development order and may be
 3472  completed in reliance upon and pursuant to the development order
 3473  unless the developer or landowner has followed the procedures
 3474  for rescission in subsection (2) paragraph (b). Any proposed
 3475  changes to developments which continue to be governed by a
 3476  development-of-regional-impact development order must be
 3477  approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
 3478  before a change in the development-of-regional-impact guidelines
 3479  and standards, except that all percentage criteria are doubled
 3480  and all other criteria are increased by 10 percent. The local
 3481  government issuing the development order must monitor the
 3482  development and enforce the development order. Local governments
 3483  may not issue any permits or approvals or provide any extensions
 3484  of services if the developer fails to act in substantial
 3485  compliance with the development order. The development-of
 3486  regional-impact development order may be enforced by the local
 3487  government as provided in s. 380.11 ss. 380.06(17) and 380.11.
 3488         (2)(b) If requested by the developer or landowner, the
 3489  development-of-regional-impact development order shall be
 3490  rescinded by the local government having jurisdiction upon a
 3491  showing that all required mitigation related to the amount of
 3492  development that existed on the date of rescission has been
 3493  completed or will be completed under an existing permit or
 3494  equivalent authorization issued by a governmental agency as
 3495  defined in s. 380.031(6), if such permit or authorization is
 3496  subject to enforcement through administrative or judicial
 3497  remedies.
 3498         (2) A development with an application for development
 3499  approval pending, pursuant to s. 380.06, on the effective date
 3500  of a change to the guidelines and standards, or a notification
 3501  of proposed change pending on the effective date of a change to
 3502  the guidelines and standards, may elect to continue such review
 3503  pursuant to s. 380.06. At the conclusion of the pending review,
 3504  including any appeals pursuant to s. 380.07, the resulting
 3505  development order shall be governed by the provisions of
 3506  subsection (1).
 3507         (3) A landowner that has filed an application for a
 3508  development-of-regional-impact review prior to the adoption of a
 3509  sector plan pursuant to s. 163.3245 may elect to have the
 3510  application reviewed pursuant to s. 380.06, comprehensive plan
 3511  provisions in force prior to adoption of the sector plan, and
 3512  any requested comprehensive plan amendments that accompany the
 3513  application.
 3514         Section 6. Paragraph (c) of subsection (1) of section
 3515  125.68, Florida Statutes, is amended to read:
 3516         125.68 Codification of ordinances; exceptions; public
 3517  record.—
 3518         (1)
 3519         (c) The following ordinances are exempt from codification
 3520  and annual publication requirements:
 3521         1. Any development agreement, or amendment to such
 3522  agreement, adopted by ordinance pursuant to ss. 163.3220
 3523  163.3243.
 3524         2. Any development order, or amendment to such order,
 3525  adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
 3526         Section 7. Paragraph (e) of subsection (3), subsection (6),
 3527  and subsection (12) of section 163.3245, Florida Statutes, are
 3528  amended to read:
 3529         163.3245 Sector plans.—
 3530         (3) Sector planning encompasses two levels: adoption
 3531  pursuant to s. 163.3184 of a long-term master plan for the
 3532  entire planning area as part of the comprehensive plan, and
 3533  adoption by local development order of two or more detailed
 3534  specific area plans that implement the long-term master plan and
 3535  within which s. 380.06 is waived.
 3536         (e) Whenever a local government issues a development order
 3537  approving a detailed specific area plan, a copy of such order
 3538  shall be rendered to the state land planning agency and the
 3539  owner or developer of the property affected by such order, as
 3540  prescribed by rules of the state land planning agency for a
 3541  development order for a development of regional impact. Within
 3542  45 days after the order is rendered, the owner, the developer,
 3543  or the state land planning agency may appeal the order to the
 3544  Florida Land and Water Adjudicatory Commission by filing a
 3545  petition alleging that the detailed specific area plan is not
 3546  consistent with the comprehensive plan or with the long-term
 3547  master plan adopted pursuant to this section. The appellant
 3548  shall furnish a copy of the petition to the opposing party, as
 3549  the case may be, and to the local government that issued the
 3550  order. The filing of the petition stays the effectiveness of the
 3551  order until after completion of the appeal process. However, if
 3552  a development order approving a detailed specific area plan has
 3553  been challenged by an aggrieved or adversely affected party in a
 3554  judicial proceeding pursuant to s. 163.3215, and a party to such
 3555  proceeding serves notice to the state land planning agency, the
 3556  state land planning agency shall dismiss its appeal to the
 3557  commission and shall have the right to intervene in the pending
 3558  judicial proceeding pursuant to s. 163.3215. Proceedings for
 3559  administrative review of an order approving a detailed specific
 3560  area plan shall be conducted consistent with s. 380.07(5) s.
 3561  380.07(6). The commission shall issue a decision granting or
 3562  denying permission to develop pursuant to the long-term master
 3563  plan and the standards of this part and may attach conditions or
 3564  restrictions to its decisions.
 3565         (6) An applicant who applied Concurrent with or subsequent
 3566  to review and adoption of a long-term master plan pursuant to
 3567  paragraph (3)(a), an applicant may apply for master development
 3568  approval pursuant to s. 380.06 s. 380.06(21) for the entire
 3569  planning area shall remain subject to the master development
 3570  order in order to establish a buildout date until which the
 3571  approved uses and densities and intensities of use of the master
 3572  plan are not subject to downzoning, unit density reduction, or
 3573  intensity reduction, unless the developer elects to rescind the
 3574  development order pursuant to s. 380.115, the development order
 3575  is abandoned pursuant to s. 380.06(11), or the local government
 3576  can demonstrate that implementation of the master plan is not
 3577  continuing in good faith based on standards established by plan
 3578  policy, that substantial changes in the conditions underlying
 3579  the approval of the master plan have occurred, that the master
 3580  plan was based on substantially inaccurate information provided
 3581  by the applicant, or that change is clearly established to be
 3582  essential to the public health, safety, or welfare. Review of
 3583  the application for master development approval shall be at a
 3584  level of detail appropriate for the long-term and conceptual
 3585  nature of the long-term master plan and, to the maximum extent
 3586  possible, may only consider information provided in the
 3587  application for a long-term master plan. Notwithstanding s.
 3588  380.06, an increment of development in such an approved master
 3589  development plan must be approved by a detailed specific area
 3590  plan pursuant to paragraph (3)(b) and is exempt from review
 3591  pursuant to s. 380.06.
 3592         (12) Notwithstanding s. 380.06, this part, or any planning
 3593  agreement or plan policy, a landowner or developer who has
 3594  received approval of a master development-of-regional-impact
 3595  development order pursuant to s. 380.06(9) s. 380.06(21) may
 3596  apply to implement this order by filing one or more applications
 3597  to approve a detailed specific area plan pursuant to paragraph
 3598  (3)(b).
 3599         Section 8. Subsections (11) through (14) of section
 3600  163.3246, Florida Statutes, are amended to read:
 3601         163.3246 Local government comprehensive planning
 3602  certification program.—
 3603         (11) If the local government of an area described in
 3604  subsection (10) does not request that the state land planning
 3605  agency review the developments of regional impact that are
 3606  proposed within the certified area, an application for approval
 3607  of a development order within the certified area shall be exempt
 3608  from review under s. 380.06.
 3609         (11)(12) A local government’s certification shall be
 3610  reviewed by the local government and the state land planning
 3611  agency as part of the evaluation and appraisal process pursuant
 3612  to s. 163.3191. Within 1 year after the deadline for the local
 3613  government to update its comprehensive plan based on the
 3614  evaluation and appraisal, the state land planning agency must
 3615  shall renew or revoke the certification. The local government’s
 3616  failure to timely adopt necessary amendments to update its
 3617  comprehensive plan based on an evaluation and appraisal, which
 3618  are found to be in compliance by the state land planning agency,
 3619  is shall be cause for revoking the certification agreement. The
 3620  state land planning agency’s decision to renew or revoke is
 3621  shall be considered agency action subject to challenge under s.
 3622  120.569.
 3623         (12)(13) The state land planning agency shall, by July 1 of
 3624  each odd-numbered year, submit to the Governor, the President of
 3625  the Senate, and the Speaker of the House of Representatives a
 3626  report listing certified local governments, evaluating the
 3627  effectiveness of the certification, and including any
 3628  recommendations for legislative actions.
 3629         (13)(14) It is the intent of the Legislature to encourage
 3630  the creation of connected-city corridors that facilitate the
 3631  growth of high-technology industry and innovation through
 3632  partnerships that support research, marketing, workforce, and
 3633  entrepreneurship. It is the further intent of the Legislature to
 3634  provide for a locally controlled, comprehensive plan amendment
 3635  process for such projects that are designed to achieve a
 3636  cleaner, healthier environment; limit urban sprawl by promoting
 3637  diverse but interconnected communities; provide a range of
 3638  intergenerational housing types; protect wildlife and natural
 3639  areas; assure the efficient use of land and other resources;
 3640  create quality communities of a design that promotes alternative
 3641  transportation networks and travel by multiple transportation
 3642  modes; and enhance the prospects for the creation of jobs. The
 3643  Legislature finds and declares that this state’s connected-city
 3644  corridors require a reduced level of state and regional
 3645  oversight because of their high degree of urbanization and the
 3646  planning capabilities and resources of the local government.
 3647         (a) Notwithstanding subsections (2), (4), (5), (6), and
 3648  (7), Pasco County is named a pilot community and shall be
 3649  considered certified for a period of 10 years for connected-city
 3650  corridor plan amendments. The state land planning agency shall
 3651  provide a written notice of certification to Pasco County by
 3652  July 15, 2015, which shall be considered a final agency action
 3653  subject to challenge under s. 120.569. The notice of
 3654  certification must include:
 3655         1. The boundary of the connected-city corridor
 3656  certification area; and
 3657         2. A requirement that Pasco County submit an annual or
 3658  biennial monitoring report to the state land planning agency
 3659  according to the schedule provided in the written notice. The
 3660  monitoring report must, at a minimum, include the number of
 3661  amendments to the comprehensive plan adopted by Pasco County,
 3662  the number of plan amendments challenged by an affected person,
 3663  and the disposition of such challenges.
 3664         (b) A plan amendment adopted under this subsection may be
 3665  based upon a planning period longer than the generally
 3666  applicable planning period of the Pasco County local
 3667  comprehensive plan, must specify the projected population within
 3668  the planning area during the chosen planning period, may include
 3669  a phasing or staging schedule that allocates a portion of Pasco
 3670  County’s future growth to the planning area through the planning
 3671  period, and may designate a priority zone or subarea within the
 3672  connected-city corridor for initial implementation of the plan.
 3673  A plan amendment adopted under this subsection is not required
 3674  to demonstrate need based upon projected population growth or on
 3675  any other basis.
 3676         (c) If Pasco County adopts a long-term transportation
 3677  network plan and financial feasibility plan, and subject to
 3678  compliance with the requirements of such a plan, the projects
 3679  within the connected-city corridor are deemed to have satisfied
 3680  all concurrency and other state agency or local government
 3681  transportation mitigation requirements except for site-specific
 3682  access management requirements.
 3683         (d) If Pasco County does not request that the state land
 3684  planning agency review the developments of regional impact that
 3685  are proposed within the certified area, an application for
 3686  approval of a development order within the certified area is
 3687  exempt from review under s. 380.06.
 3688         (e) The Office of Program Policy Analysis and Government
 3689  Accountability (OPPAGA) shall submit to the Governor, the
 3690  President of the Senate, and the Speaker of the House of
 3691  Representatives by December 1, 2024, a report and
 3692  recommendations for implementing a statewide program that
 3693  addresses the legislative findings in this subsection. In
 3694  consultation with the state land planning agency, OPPAGA shall
 3695  develop the report and recommendations with input from other
 3696  state and regional agencies, local governments, and interest
 3697  groups. OPPAGA shall also solicit citizen input in the
 3698  potentially affected areas and consult with the affected local
 3699  government and stakeholder groups. Additionally, OPPAGA shall
 3700  review local and state actions and correspondence relating to
 3701  the pilot program to identify issues of process and substance in
 3702  recommending changes to the pilot program. At a minimum, the
 3703  report and recommendations must include:
 3704         1. Identification of local governments other than the local
 3705  government participating in the pilot program which should be
 3706  certified. The report may also recommend that a local government
 3707  is no longer appropriate for certification; and
 3708         2. Changes to the certification pilot program.
 3709         Section 9. Subsection (4) of section 189.08, Florida
 3710  Statutes, is amended to read:
 3711         189.08 Special district public facilities report.—
 3712         (4) Those special districts building, improving, or
 3713  expanding public facilities addressed by a development order
 3714  issued to the developer pursuant to s. 380.06 may use the most
 3715  recent local government annual report required by s. 380.06(6)
 3716  s. 380.06(15) and (18) and submitted by the developer, to the
 3717  extent the annual report provides the information required by
 3718  subsection (2).
 3719         Section 10. Subsection (2) of section 190.005, Florida
 3720  Statutes, is amended to read:
 3721         190.005 Establishment of district.—
 3722         (2) The exclusive and uniform method for the establishment
 3723  of a community development district of less than 2,500 acres in
 3724  size or a community development district of up to 7,000 acres in
 3725  size located within a connected-city corridor established
 3726  pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
 3727  an ordinance adopted by the county commission of the county
 3728  having jurisdiction over the majority of land in the area in
 3729  which the district is to be located granting a petition for the
 3730  establishment of a community development district as follows:
 3731         (a) A petition for the establishment of a community
 3732  development district shall be filed by the petitioner with the
 3733  county commission. The petition shall contain the same
 3734  information as required in paragraph (1)(a).
 3735         (b) A public hearing on the petition shall be conducted by
 3736  the county commission in accordance with the requirements and
 3737  procedures of paragraph (1)(d).
 3738         (c) The county commission shall consider the record of the
 3739  public hearing and the factors set forth in paragraph (1)(e) in
 3740  making its determination to grant or deny a petition for the
 3741  establishment of a community development district.
 3742         (d) The county commission may shall not adopt any ordinance
 3743  which would expand, modify, or delete any provision of the
 3744  uniform community development district charter as set forth in
 3745  ss. 190.006-190.041. An ordinance establishing a community
 3746  development district shall only include the matters provided for
 3747  in paragraph (1)(f) unless the commission consents to any of the
 3748  optional powers under s. 190.012(2) at the request of the
 3749  petitioner.
 3750         (e) If all of the land in the area for the proposed
 3751  district is within the territorial jurisdiction of a municipal
 3752  corporation, then the petition requesting establishment of a
 3753  community development district under this act shall be filed by
 3754  the petitioner with that particular municipal corporation. In
 3755  such event, the duties of the county, hereinabove described, in
 3756  action upon the petition shall be the duties of the municipal
 3757  corporation. If any of the land area of a proposed district is
 3758  within the land area of a municipality, the county commission
 3759  may not create the district without municipal approval. If all
 3760  of the land in the area for the proposed district, even if less
 3761  than 2,500 acres, is within the territorial jurisdiction of two
 3762  or more municipalities or two or more counties, except for
 3763  proposed districts within a connected-city corridor established
 3764  pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
 3765  be filed with the Florida Land and Water Adjudicatory Commission
 3766  and proceed in accordance with subsection (1).
 3767         (f) Notwithstanding any other provision of this subsection,
 3768  within 90 days after a petition for the establishment of a
 3769  community development district has been filed pursuant to this
 3770  subsection, the governing body of the county or municipal
 3771  corporation may transfer the petition to the Florida Land and
 3772  Water Adjudicatory Commission, which shall make the
 3773  determination to grant or deny the petition as provided in
 3774  subsection (1). A county or municipal corporation shall have no
 3775  right or power to grant or deny a petition that has been
 3776  transferred to the Florida Land and Water Adjudicatory
 3777  Commission.
 3778         Section 11. Paragraph (g) of subsection (1) of section
 3779  190.012, Florida Statutes, is amended to read:
 3780         190.012 Special powers; public improvements and community
 3781  facilities.—The district shall have, and the board may exercise,
 3782  subject to the regulatory jurisdiction and permitting authority
 3783  of all applicable governmental bodies, agencies, and special
 3784  districts having authority with respect to any area included
 3785  therein, any or all of the following special powers relating to
 3786  public improvements and community facilities authorized by this
 3787  act:
 3788         (1) To finance, fund, plan, establish, acquire, construct
 3789  or reconstruct, enlarge or extend, equip, operate, and maintain
 3790  systems, facilities, and basic infrastructures for the
 3791  following:
 3792         (g) Any other project within or without the boundaries of a
 3793  district when a local government issued a development order
 3794  pursuant to s. 380.06 or s. 380.061 approving or expressly
 3795  requiring the construction or funding of the project by the
 3796  district, or when the project is the subject of an agreement
 3797  between the district and a governmental entity and is consistent
 3798  with the local government comprehensive plan of the local
 3799  government within which the project is to be located.
 3800         Section 12. Paragraph (a) of subsection (1) of section
 3801  252.363, Florida Statutes, is amended to read:
 3802         252.363 Tolling and extension of permits and other
 3803  authorizations.—
 3804         (1)(a) The declaration of a state of emergency by the
 3805  Governor tolls the period remaining to exercise the rights under
 3806  a permit or other authorization for the duration of the
 3807  emergency declaration. Further, the emergency declaration
 3808  extends the period remaining to exercise the rights under a
 3809  permit or other authorization for 6 months in addition to the
 3810  tolled period. This paragraph applies to the following:
 3811         1. The expiration of a development order issued by a local
 3812  government.
 3813         2. The expiration of a building permit.
 3814         3. The expiration of a permit issued by the Department of
 3815  Environmental Protection or a water management district pursuant
 3816  to part IV of chapter 373.
 3817         4. The buildout date of a development of regional impact,
 3818  including any extension of a buildout date that was previously
 3819  granted as specified in s. 380.06(7)(c) pursuant to s.
 3820  380.06(19)(c).
 3821         Section 13. Subsection (4) of section 369.303, Florida
 3822  Statutes, is amended to read:
 3823         369.303 Definitions.—As used in this part:
 3824         (4) “Development of regional impact” means a development
 3825  that which is subject to the review procedures established by s.
 3826  380.06 or s. 380.065, and s. 380.07.
 3827         Section 14. Subsection (1) of section 369.307, Florida
 3828  Statutes, is amended to read:
 3829         369.307 Developments of regional impact in the Wekiva River
 3830  Protection Area; land acquisition.—
 3831         (1) Notwithstanding s. 380.06(4) the provisions of s.
 3832  380.06(15), the counties shall consider and issue the
 3833  development permits applicable to a proposed development of
 3834  regional impact which is located partially or wholly within the
 3835  Wekiva River Protection Area at the same time as the development
 3836  order approving, approving with conditions, or denying a
 3837  development of regional impact.
 3838         Section 15. Subsection (8) of section 373.236, Florida
 3839  Statutes, is amended to read:
 3840         373.236 Duration of permits; compliance reports.—
 3841         (8) A water management district may issue a permit to an
 3842  applicant, as set forth in s. 163.3245(13), for the same period
 3843  of time as the applicant’s approved master development order if
 3844  the master development order was issued under s. 380.06(9) s.
 3845  380.06(21) by a county which, at the time the order was issued,
 3846  was designated as a rural area of opportunity under s. 288.0656,
 3847  was not located in an area encompassed by a regional water
 3848  supply plan as set forth in s. 373.709(1), and was not located
 3849  within the basin management action plan of a first magnitude
 3850  spring. In reviewing the permit application and determining the
 3851  permit duration, the water management district shall apply s.
 3852  163.3245(4)(b).
 3853         Section 16. Subsection (13) of section 373.414, Florida
 3854  Statutes, is amended to read:
 3855         373.414 Additional criteria for activities in surface
 3856  waters and wetlands.—
 3857         (13) Any declaratory statement issued by the department
 3858  under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
 3859  as amended, or pursuant to rules adopted thereunder, or by a
 3860  water management district under s. 373.421, in response to a
 3861  petition filed on or before June 1, 1994, shall continue to be
 3862  valid for the duration of such declaratory statement. Any such
 3863  petition pending on June 1, 1994, shall be exempt from the
 3864  methodology ratified in s. 373.4211, but the rules of the
 3865  department or the relevant water management district, as
 3866  applicable, in effect prior to the effective date of s.
 3867  373.4211, shall apply. Until May 1, 1998, activities within the
 3868  boundaries of an area subject to a petition pending on June 1,
 3869  1994, and prior to final agency action on such petition, shall
 3870  be reviewed under the rules adopted pursuant to ss. 403.91
 3871  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3872  amended, and this part, in existence prior to the effective date
 3873  of the rules adopted under subsection (9), unless the applicant
 3874  elects to have such activities reviewed under the rules adopted
 3875  under this part, as amended in accordance with subsection (9).
 3876  In the event that a jurisdictional declaratory statement
 3877  pursuant to the vegetative index in effect prior to the
 3878  effective date of chapter 84-79, Laws of Florida, has been
 3879  obtained and is valid prior to the effective date of the rules
 3880  adopted under subsection (9) or July 1, 1994, whichever is
 3881  later, and the affected lands are part of a project for which a
 3882  master development order has been issued pursuant to s.
 3883  380.06(9) s. 380.06(21), the declaratory statement shall remain
 3884  valid for the duration of the buildout period of the project.
 3885  Any jurisdictional determination validated by the department
 3886  pursuant to rule 17-301.400(8), Florida Administrative Code, as
 3887  it existed in rule 17-4.022, Florida Administrative Code, on
 3888  April 1, 1985, shall remain in effect for a period of 5 years
 3889  following the effective date of this act if proof of such
 3890  validation is submitted to the department prior to January 1,
 3891  1995. In the event that a jurisdictional determination has been
 3892  revalidated by the department pursuant to this subsection and
 3893  the affected lands are part of a project for which a development
 3894  order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
 3895  final development order to which s. 163.3167(5) applies has been
 3896  issued, or a vested rights determination has been issued
 3897  pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
 3898  determination shall remain valid until the completion of the
 3899  project, provided proof of such validation and documentation
 3900  establishing that the project meets the requirements of this
 3901  sentence are submitted to the department prior to January 1,
 3902  1995. Activities proposed within the boundaries of a valid
 3903  declaratory statement issued pursuant to a petition submitted to
 3904  either the department or the relevant water management district
 3905  on or before June 1, 1994, or a revalidated jurisdictional
 3906  determination, prior to its expiration shall continue thereafter
 3907  to be exempt from the methodology ratified in s. 373.4211 and to
 3908  be reviewed under the rules adopted pursuant to ss. 403.91
 3909  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3910  amended, and this part, in existence prior to the effective date
 3911  of the rules adopted under subsection (9), unless the applicant
 3912  elects to have such activities reviewed under the rules adopted
 3913  under this part, as amended in accordance with subsection (9).
 3914         Section 17. Subsection (5) of section 378.601, Florida
 3915  Statutes, is amended to read:
 3916         378.601 Heavy minerals.—
 3917         (5) Any heavy mineral mining operation which annually mines
 3918  less than 500 acres and whose proposed consumption of water is 3
 3919  million gallons per day or less may shall not be subject
 3920  required to undergo development of regional impact review
 3921  pursuant to s. 380.06, provided permits and plan approvals
 3922  pursuant to either this section and part IV of chapter 373, or
 3923  s. 378.901, are issued.
 3924         Section 18. Section 380.065, Florida Statutes, is repealed.
 3925         Section 19. Paragraph (a) of subsection (2) of section
 3926  380.11, Florida Statutes, is amended to read:
 3927         380.11 Enforcement; procedures; remedies.—
 3928         (2) ADMINISTRATIVE REMEDIES.—
 3929         (a) If the state land planning agency has reason to believe
 3930  a violation of this part or any rule, development order, or
 3931  other order issued hereunder or of any agreement entered into
 3932  under s. 380.032(3) or s. 380.06(8) has occurred or is about to
 3933  occur, it may institute an administrative proceeding pursuant to
 3934  this section to prevent, abate, or control the conditions or
 3935  activity creating the violation.
 3936         Section 20. Paragraph (b) of subsection (2) of section
 3937  403.524, Florida Statutes, is amended to read:
 3938         403.524 Applicability; certification; exemptions.—
 3939         (2) Except as provided in subsection (1), construction of a
 3940  transmission line may not be undertaken without first obtaining
 3941  certification under this act, but this act does not apply to:
 3942         (b) Transmission lines that have been exempted by a binding
 3943  letter of interpretation issued under s. 380.06(3) s. 380.06(4),
 3944  or in which the Department of Economic Opportunity or its
 3945  predecessor agency has determined the utility to have vested
 3946  development rights within the meaning of s. 380.05(18) or s.
 3947  380.06(8) s. 380.06(20).
 3948         Section 21. (1)The rules adopted by the state land
 3949  planning agency to ensure uniform review of developments of
 3950  regional impact by the state land planning agency and regional
 3951  planning agencies and codified in chapter 73C-40, Florida
 3952  Administrative Code, are repealed.
 3953         (2)The rules adopted by the Administration Commission, as
 3954  defined in s. 380.031, Florida Statutes, regarding whether two
 3955  or more developments, represented by their owners or developers
 3956  to be separate developments, shall be aggregated and treated as
 3957  a single development under chapter 380, Florida Statutes, are
 3958  repealed.
 3959         Section 22. The Division of Law Revision and Information is
 3960  directed to replace the phrase “the effective date of this act”
 3961  where it occurs in this act with the date this act takes effect.
 3962         Section 23. This act shall take effect upon becoming a law.