CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4 ______________________________________________________________
5 ORIGINAL STAMP BELOW
6
7
8
9
10 ______________________________________________________________
11 The Committee on Local Government & Veterans Affairs offered
12 the following:
13
14 Amendment (with title amendment)
15 On page 13, between lines 4 and 5,
16
17 insert:
18 Section 2. Subsection (3) of section 380.04, Florida
19 Statutes, is amended to read:
20 380.04 Definition of development.--
21 (3) The following operations or uses shall not be
22 taken for the purpose of this chapter to involve "development"
23 as defined in this section:
24 (a) Work by a highway or road agency or railroad
25 company for the maintenance or improvement of a road or
26 railroad track, if the work is carried out on land within the
27 boundaries of the right-of-way or any work or construction on
28 the interstate highway system.
29 (b) Work by any utility and other persons engaged in
30 the distribution or transmission of electricity, gas or water,
31 for the purpose of inspecting, repairing, renewing, or
1
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 constructing, or enlarging capacity on established
2 rights-of-way any sewers, mains, pipes, cables, utility
3 tunnels, power lines, towers, poles, tracks, or the like.
4 (c) Work for the maintenance, renewal, improvement, or
5 alteration of any structure, if the work affects only the
6 interior or the color of the structure or the decoration of
7 the exterior of the structure.
8 (d) Construction, renovation or redevelopment within
9 the same land parcel which does not change land uses or
10 intensity of use.
11 (e)(d) The use of any structure or land devoted to
12 dwelling uses for any purpose customarily incidental to
13 enjoyment of the dwelling.
14 (f)(e) The use of any land for the purpose of growing
15 plants, crops, trees, and other agricultural or forestry
16 products; raising livestock; or for other agricultural
17 purposes.
18 (g)(f) A change in use of land or structure from a use
19 within a class specified in an ordinance or rule to another
20 use in the same class.
21 (h)(g) A change in the ownership or form of ownership
22 of any parcel or structure.
23 (i)(h) The creation or termination of rights of
24 access, riparian rights, easements, covenants concerning
25 development of land, or other rights in land.
26 Section 3. Subsections (2), (4), (8), (15), (18),
27 (19), and (24) of section 380.06, Florida Statutes, are
28 amended to read:
29 (2) STATEWIDE GUIDELINES AND STANDARDS.--
30 (a) The state land planning agency shall recommend to
31 the Administration Commission specific statewide guidelines
2
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 and standards for adoption pursuant to this subsection. The
2 Administration Commission shall by rule adopt statewide
3 guidelines and standards to be used in determining whether
4 particular developments shall undergo
5 development-of-regional-impact review. The statewide
6 guidelines and standards previously adopted by the
7 Administration Commission and approved by the Legislature
8 shall remain in effect unless revised pursuant to this section
9 or superseded by other provisions of law. Revisions to the
10 present statewide guidelines and standards, after adoption by
11 the Administration Commission, shall be transmitted on or
12 before March 1 to the President of the Senate and the Speaker
13 of the House of Representatives for presentation at the next
14 regular session of the Legislature. Unless approved by law by
15 the Legislature, the revisions to the present guidelines and
16 standards shall not become effective.
17 (b) In adopting its guidelines and standards, the
18 Administration Commission shall consider and shall be guided
19 by:
20 1. The extent to which the development would create or
21 alleviate environmental problems such as air or water
22 pollution or noise.
23 2. The amount of pedestrian or vehicular traffic
24 likely to be generated.
25 3. The number of persons likely to be residents,
26 employees, or otherwise present.
27 4. The size of the site to be occupied.
28 5. The likelihood that additional or subsidiary
29 development will be generated.
30 6. The extent to which the development would create an
31 additional demand for, or additional use of, energy, including
3
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 the energy requirements of subsidiary developments.
2 7. The unique qualities of particular areas of the
3 state.
4 (c) With regard to the changes in the guidelines and
5 standards authorized pursuant to this act, in determining
6 whether a proposed development must comply with the review
7 requirements of this section, the state land planning agency
8 shall apply the guidelines and standards which were in effect
9 when the developer received authorization to commence
10 development from the local government. If a developer has not
11 received authorization to commence development from the local
12 government prior to the effective date of new or amended
13 guidelines and standards, the new or amended guidelines and
14 standards shall apply.
15 (d) The guidelines and standards shall be applied as
16 follows:
17 1. Fixed thresholds.--
18 a. A development that is at or below 80 percent of all
19 numerical thresholds in the guidelines and standards shall not
20 be required to undergo development-of-regional-impact review.
21 b. A development that is at or above 120 percent of
22 any numerical threshold shall be required to undergo
23 development-of-regional-impact review.
24 c. Projects certified under s. 403.973 which create at
25 least 100 jobs and meet the criteria of the Office of Tourism,
26 Trade, and Economic Development as to their impact on an
27 area's economy, employment, and prevailing wage and skill
28 levels that are at or below 100 percent of the numerical
29 thresholds for industrial plants, industrial parks,
30 distribution, warehousing or wholesaling facilities, office
31 development or multiuse projects other than residential, as
4
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 described in s. 380.0651(3)(c), (d), and (i), are not required
2 to undergo development-of-regional-impact review.
3 2. Rebuttable presumptions.--
4 a. It shall be presumed that a development that is
5 between 80 and 100 percent of a numerical threshold shall not
6 be required to undergo development-of-regional-impact review.
7 b. It shall be presumed that a development that is at
8 100 percent or between 100 and 120 percent of a numerical
9 threshold shall be required to undergo
10 development-of-regional-impact review.
11 (e) With respect to residential, hotel, motel, office,
12 and retail developments, the applicable guidelines and
13 standards shall be increased by 50 percent in urban central
14 business districts and regional activity centers of
15 jurisdictions whose local comprehensive plans are in
16 compliance with part II of chapter 163. With respect to
17 multiuse developments, the applicable guidelines and standards
18 shall be increased by 100 percent in urban central business
19 districts and regional activity centers of jurisdictions whose
20 local comprehensive plans are in compliance with part II of
21 chapter 163, if one land use of the multiuse development is
22 residential and amounts to not less than 35 percent of the
23 jurisdiction's applicable residential threshold. With respect
24 to resort or convention hotel developments, the applicable
25 guidelines and standards shall be increased by 150 percent in
26 urban central business districts and regional activity centers
27 of jurisdictions whose local comprehensive plans are in
28 compliance with part II of chapter 163 and where the increase
29 is specifically for a proposed resort or convention hotel
30 located in a county with a population greater than 500,000 and
31 the local government specifically designates that the proposed
5
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 resort or convention hotel development will serve an existing
2 convention center of more than 250,000 gross square feet built
3 prior to July 1, 1992. The applicable guidelines and standards
4 shall be increased by 150 percent for development in any area
5 designated by the Governor as a rural area of critical
6 economic concern pursuant to s. 288.0656 during the
7 effectiveness of the designation.
8 (4) BINDING LETTER.--
9 (a) If any developer is in doubt whether his or her
10 proposed development must undergo
11 development-of-regional-impact review under the guidelines and
12 standards, whether his or her rights have vested pursuant to
13 subsection (20), or whether a proposed substantial change to a
14 development of regional impact concerning which rights had
15 previously vested pursuant to subsection (20) would divest
16 such rights, the developer may request a determination from
17 the state land planning agency.
18 (b) Unless a developer waives the requirements of this
19 paragraph by agreeing to undergo
20 development-of-regional-impact review pursuant to this
21 section, the state land planning agency or local government
22 with jurisdiction over the land on which a development is
23 proposed may require a developer to obtain a binding letter
24 if:
25 1. the development is at a presumptive numerical
26 threshold or up to 20 percent above a numerical threshold in
27 the guidelines and standards.; or
28 2. The development is between a presumptive numerical
29 threshold and 20 percent below the numerical threshold and the
30 local government or the state land planning agency is in doubt
31 as to whether the character or magnitude of the development at
6
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 the proposed location creates a likelihood that the
2 development will have a substantial effect on the health,
3 safety, or welfare of citizens of more than one county.
4 (c) Any local government may petition the state land
5 planning agency to require a developer of a development
6 located in an adjacent jurisdiction to obtain a binding letter
7 of interpretation. The petition shall contain facts to
8 support a finding that the development as proposed is a
9 development of regional impact. This paragraph shall not be
10 construed to grant standing to the petitioning local
11 government to initiate an administrative or judicial
12 proceeding pursuant to this chapter.
13 (d) A request for a binding letter of interpretation
14 shall be in writing and in such form and content as prescribed
15 by the state land planning agency. Within 15 days of
16 receiving an application for a binding letter of
17 interpretation or a supplement to a pending application, the
18 state land planning agency shall determine and notify the
19 applicant whether the information in the application is
20 sufficient to enable the agency to issue a binding letter or
21 shall request any additional information needed. The
22 applicant shall either provide the additional information
23 requested or shall notify the state land planning agency in
24 writing that the information will not be supplied and the
25 reasons therefor. If the applicant does not respond to the
26 request for additional information within 120 days, the
27 application for a binding letter of interpretation shall be
28 deemed to be withdrawn. Within 35 days after acknowledging
29 receipt of a sufficient application, or of receiving
30 notification that the information will not be supplied, the
31 state land planning agency shall issue a binding letter of
7
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 interpretation with respect to the proposed development. A
2 binding letter of interpretation issued by the state land
3 planning agency shall bind all state, regional, and local
4 agencies, as well as the developer.
5 (e) In determining whether a proposed substantial
6 change to a development of regional impact concerning which
7 rights had previously vested pursuant to subsection (20) would
8 divest such rights, the state land planning agency shall
9 review the proposed change within the context of:
10 1. Criteria specified in paragraph (19)(b);
11 2. Its conformance with any adopted state
12 comprehensive plan and any rules of the state land planning
13 agency;
14 3. All rights and obligations arising out of the
15 vested status of such development;
16 4. Permit conditions or requirements imposed by the
17 Department of Environmental Protection or any water management
18 district created by s. 373.069 or any of their successor
19 agencies or by any appropriate federal regulatory agency; and
20 5. Any regional impacts arising from the proposed
21 change.
22 (f) If a proposed substantial change to a development
23 of regional impact concerning which rights had previously
24 vested pursuant to subsection (20) would result in reduced
25 regional impacts, the change shall not divest rights to
26 complete the development pursuant to subsection (20).
27 Furthermore, where all or a portion of the development of
28 regional impact for which rights had previously vested
29 pursuant to subsection (20) is demolished and reconstructed
30 within the same approximate footprint of buildings and parking
31 lots, so that any change in the size of the development does
8
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 not exceed the criteria of paragraph (19)(b), such demolition
2 and reconstruction shall not divest the rights which had
3 vested.
4 (g) Every binding letter determining that a proposed
5 development is not a development of regional impact, but not
6 including binding letters of vested rights or of modification
7 of vested rights, shall expire and become void unless the plan
8 of development has been substantially commenced within:
9 1. Three years from October 1, 1985, for binding
10 letters issued prior to the effective date of this act; or
11 2. Three years from the date of issuance of binding
12 letters issued on or after October 1, 1985.
13 (h) The expiration date of a binding letter,
14 established pursuant to paragraph (g), shall begin to run
15 after final disposition of all administrative and judicial
16 appeals of the binding letter and may be extended by mutual
17 agreement of the state land planning agency, the local
18 government of jurisdiction, and the developer.
19 (i) In response to an inquiry from a developer, the
20 state land planning agency may issue an informal determination
21 in the form of a clearance letter as to whether a development
22 is required to undergo development-of-regional-impact review.
23 A clearance letter may be based solely on the information
24 provided by the developer, and the state land planning agency
25 is not required to conduct an investigation of that
26 information. If any material information provided by the
27 developer is incomplete or inaccurate, the clearance letter is
28 not binding upon the state land planning agency. A clearance
29 letter does not constitute final agency action.
30 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.--
31 (a) A developer may enter into a written preliminary
9
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 development agreement with the state land planning agency to
2 allow a developer to proceed with a limited amount of the
3 total proposed development, subject to all other governmental
4 approvals and solely at the developer's own risk, prior to
5 issuance of a final development order. All owners of the land
6 in the total proposed development shall join the developer as
7 parties to the agreement. Each agreement shall include and be
8 subject to the following conditions:
9 1. The developer shall comply with the preapplication
10 conference requirements pursuant to subsection (7) within 45
11 days after the execution of the agreement.
12 2. The developer shall file an application for
13 development approval for the total proposed development within
14 3 months after execution of the agreement, unless the state
15 land planning agency agrees to a different time for good cause
16 shown. Failure to timely file an application and to otherwise
17 diligently proceed in good faith to obtain a final development
18 order shall constitute a breach of the preliminary development
19 agreement.
20 3. The agreement shall include maps and legal
21 descriptions of both the preliminary development area and the
22 total proposed development area and shall specifically
23 describe the preliminary development in terms of magnitude and
24 location. The area approved for preliminary development must
25 be included in the application for development approval and
26 shall be subject to the terms and conditions of the final
27 development order.
28 4. The preliminary development shall be limited to
29 lands that the state land planning agency agrees are suitable
30 for development and shall only be allowed in areas where
31 adequate public infrastructure exists to accommodate the
10
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 preliminary development, when such development will utilize
2 public infrastructure. The developer must also demonstrate
3 that the preliminary development will not result in material
4 adverse impacts to existing resources or existing or planned
5 facilities.
6 5. The preliminary development agreement may allow
7 development which is:
8 a. Less than or equal to 100 80 percent of any
9 applicable threshold if the developer demonstrates that such
10 development is consistent with subparagraph 4.; or
11 b. Less than 120 percent of any applicable threshold
12 if the developer demonstrates that such development is part of
13 a proposed downtown development of regional impact specified
14 in subsection (22) or part of any areawide development of
15 regional impact specified in subsection (25) and that the
16 development is consistent with subparagraph 4.
17 6. The developer and owners of the land may not claim
18 vested rights, or assert equitable estoppel, arising from the
19 agreement or any expenditures or actions taken in reliance on
20 the agreement to continue with the total proposed development
21 beyond the preliminary development. The agreement shall not
22 entitle the developer to a final development order approving
23 the total proposed development or to particular conditions in
24 a final development order.
25 7. The agreement shall not prohibit the regional
26 planning agency from reviewing or commenting on any regional
27 issue that the regional agency determines should be included
28 in the regional agency's report on the application for
29 development approval.
30 8. The agreement shall include a disclosure by the
31 developer and all the owners of the land in the total proposed
11
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 development of all land or development within 5 miles of the
2 total proposed development in which they have an interest and
3 shall describe such interest.
4 9. In the event of a breach of the agreement or
5 failure to comply with any condition of the agreement, or if
6 the agreement was based on materially inaccurate information,
7 the state land planning agency may terminate the agreement or
8 file suit to enforce the agreement as provided in this section
9 and s. 380.11, including a suit to enjoin all development.
10 10. A notice of the preliminary development agreement
11 shall be recorded by the developer in accordance with s.
12 28.222 with the clerk of the circuit court for each county in
13 which land covered by the terms of the agreement is located.
14 The notice shall include a legal description of the land
15 covered by the agreement and shall state the parties to the
16 agreement, the date of adoption of the agreement and any
17 subsequent amendments, the location where the agreement may be
18 examined, and that the agreement constitutes a land
19 development regulation applicable to portions of the land
20 covered by the agreement. The provisions of the agreement
21 shall inure to the benefit of and be binding upon successors
22 and assigns of the parties in the agreement.
23 11. Except for those agreements which authorize
24 preliminary development for substantial deviations pursuant to
25 subsection (19), a developer who no longer wishes to pursue a
26 development of regional impact may propose to abandon any
27 preliminary development agreement executed after January 1,
28 1985, including those pursuant to s. 380.032(3), provided at
29 the time of abandonment:
30 a. A final development order under this section has
31 been rendered that approves all of the development actually
12
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 constructed; or
2 b. The amount of development is less than 80 percent
3 of all numerical thresholds of the guidelines and standards,
4 and the state land planning agency determines in writing that
5 the development to date is in compliance with all applicable
6 local regulations and the terms and conditions of the
7 preliminary development agreement and otherwise adequately
8 mitigates for the impacts of the development to date.
9
10 In either event, when a developer proposes to abandon said
11 agreement, the developer shall give written notice and state
12 that he or she is no longer proposing a development of
13 regional impact and provide adequate documentation that he or
14 she has met the criteria for abandonment of the agreement to
15 the state land planning agency. Within 30 days of receipt of
16 adequate documentation of such notice, the state land planning
17 agency shall make its determination as to whether or not the
18 developer meets the criteria for abandonment. Once the state
19 land planning agency determines that the developer meets the
20 criteria for abandonment, the state land planning agency shall
21 issue a notice of abandonment which shall be recorded by the
22 developer in accordance with s. 28.222 with the clerk of the
23 circuit court for each county in which land covered by the
24 terms of the agreement is located.
25 (b) The state land planning agency may enter into
26 other types of agreements to effectuate the provisions of this
27 act as provided in s. 380.032.
28 (c) The provisions of this subsection shall also be
29 available to a developer who chooses to seek development
30 approval of a Florida Quality Development pursuant to s.
31 380.061.
13
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
2 (c) The development order shall include findings of
3 fact and conclusions of law consistent with subsections (13)
4 and (14). The development order:
5 1. Shall specify the monitoring procedures and the
6 local official responsible for assuring compliance by the
7 developer with the development order.
8 2. Shall establish compliance dates for the
9 development order, including a deadline for commencing
10 physical development and for compliance with conditions of
11 approval or phasing requirements, and shall include a
12 termination date that reasonably reflects the time required to
13 complete the development.
14 3. Shall establish a date until which the local
15 government agrees that the approved development of regional
16 impact shall not be subject to downzoning, unit density
17 reduction, or intensity reduction, unless the local government
18 can demonstrate that substantial changes in the conditions
19 underlying the approval of the development order have occurred
20 or the development order was based on substantially inaccurate
21 information provided by the developer or that the change is
22 clearly established by local government to be essential to the
23 public health, safety, or welfare.
24 4. Shall specify the requirements for the biennial
25 annual report designated under subsection (18), including the
26 date of submission, parties to whom the report is submitted,
27 and contents of the report, based upon the rules adopted by
28 the state land planning agency. Such rules shall specify the
29 scope of any additional local requirements that may be
30 necessary for the report.
31 5. May specify the types of changes to the development
14
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 which shall require submission for a substantial deviation
2 determination under subsection (19).
3 6. Shall include a legal description of the property.
4 (g) A local government shall not issue permits for
5 development subsequent to the termination date or expiration
6 date contained in the development order unless:
7 1. The proposed development has been evaluated
8 cumulatively with existing development under the substantial
9 deviation provisions of subsection (19) subsequent to the
10 termination or expiration date;
11 2. The proposed development is consistent with an
12 abandonment of development order that has been issued in
13 accordance with the provisions of subsection (26); or
14 3. The project has been determined to be an
15 essentially built-out development of regional impact through
16 an agreement executed by the developer, the state land
17 planning agency, and the local government, in accordance with
18 s. 380.032, which will establish the terms and conditions
19 under which the development may be continued. If the project
20 is determined to be essentially built-out, development may
21 proceed pursuant to the s. 380.032 agreement after the
22 termination or expiration date contained in the development
23 order without further development-of-regional-impact review
24 subject to the local government comprehensive plan and land
25 development regulations or subject to a modified
26 development-of-regional-impact analysis. As used in this
27 paragraph, an "essentially built-out" development of regional
28 impact means:
29 a. The development is in compliance with all
30 applicable terms and conditions of the development order
31 except the built-out date; and
15
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 b.(I) The amount of development that remains to be
2 built is less than the substantial deviation threshold
3 specified in paragraph (19)(b) for each individual land use
4 category, or, for a multiuse development, the sum total of all
5 unbuilt land uses as a percentage of the applicable
6 substantial deviation threshold is equal to or less than 100
7 percent; or
8 (II) The state land planning agency and the local
9 government have agreed in writing that the amount of
10 development to be built does not create the likelihood of any
11 additional regional impact not previously reviewed.
12 (h) If the property is annexed by another local
13 jurisdiction, the annexing jurisdiction shall adopt a new
14 development order that incorporates all previous rights and
15 obligations specified in the prior development order.
16 (18) BIENNIAL ANNUAL REPORTS.--The developer shall
17 submit a biennial an annual report on the development of
18 regional impact to the local government, the regional planning
19 agency, the state land planning agency, and all affected
20 permit agencies in alternate years on the date specified in
21 the development order, unless the development order by its
22 terms requires more frequent monitoring. If the annual report
23 is not received, the regional planning agency or the state
24 land planning agency shall notify the local government. If
25 the local government does not receive the annual report or
26 receives notification that the regional planning agency or the
27 state land planning agency has not received the report, the
28 local government shall request in writing that the developer
29 submit the report within 30 days. The failure to submit the
30 report after 30 days shall result in the temporary suspension
31 of the development order by the local government. If no
16
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 additional development pursuant to the development order has
2 occurred since the submission of the previous report, then a
3 letter from the developer stating that no development has
4 occurred shall satisfy the requirement for a report.
5 Development orders which require annual reports may be amended
6 to require biennial reports at the option of the local
7 government.
8 (19) SUBSTANTIAL DEVIATIONS.--
9 (a) Any proposed change to a previously approved
10 development which creates a reasonable likelihood of
11 additional regional impact, or any type of regional impact
12 created by the change not previously reviewed by the regional
13 planning agency, shall constitute a substantial deviation and
14 shall cause the development to be subject to further
15 development-of-regional-impact review. There are a variety of
16 reasons why a developer may wish to propose changes to an
17 approved development of regional impact, including changed
18 market conditions. The procedures set forth in this
19 subsection are for that purpose.
20 (b) Any proposed change to a previously approved
21 development of regional impact or development order condition
22 which, either individually or cumulatively with other changes,
23 exceeds any of the following criteria shall constitute a
24 substantial deviation and shall cause the development to be
25 subject to further development-of-regional-impact review
26 without the necessity for a finding of same by the local
27 government:
28 1. An increase in the number of parking spaces at an
29 attraction or recreational facility by 5 percent or 300
30 spaces, whichever is greater, or an increase in the number of
31 spectators that may be accommodated at such a facility by 5
17
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 percent or 1,000 spectators, whichever is greater.
2 2. A new runway, a new terminal facility, a 25-percent
3 lengthening of an existing runway, or a 25-percent increase in
4 the number of gates of an existing terminal, but only if the
5 increase adds at least three additional gates. However, if an
6 airport is located in two counties, a 10-percent lengthening
7 of an existing runway or a 20-percent increase in the number
8 of gates of an existing terminal is the applicable criteria.
9 3. An increase in the number of hospital beds by 5
10 percent or 60 beds, whichever is greater.
11 4. An increase in industrial development area by 5
12 percent or 32 acres, whichever is greater.
13 5. An increase in the average annual acreage mined by
14 5 percent or 10 acres, whichever is greater, or an increase in
15 the average daily water consumption by a mining operation by 5
16 percent or 300,000 gallons, whichever is greater. An increase
17 in the size of the mine by 5 percent or 750 acres, whichever
18 is less.
19 6. An increase in land area for office development by
20 5 percent or 6 acres, whichever is greater, or an increase of
21 gross floor area of office development by 5 percent or 60,000
22 gross square feet, whichever is greater.
23 7. An increase in the storage capacity for chemical or
24 petroleum storage facilities by 5 percent, 20,000 barrels, or
25 7 million pounds, whichever is greater.
26 8. An increase of development at a waterport of wet
27 storage for 20 watercraft, dry storage for 30 watercraft, or
28 wet/dry storage for 60 watercraft in an area identified in the
29 state marina siting plan as an appropriate site for additional
30 waterport development or a 5-percent increase in watercraft
31 storage capacity, whichever is greater.
18
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 79. An increase in the number of dwelling units by 5
2 percent or 50 dwelling units, whichever is greater.
3 810. An increase in commercial development by 6 acres
4 of land area or by 50,000 square feet of gross floor area, or
5 of parking spaces provided for customers for 300 cars or a
6 5-percent increase of any of these, whichever is greater.
7 911. An increase in hotel or motel facility units by 5
8 percent or 75 units, whichever is greater.
9 1012. An increase in a recreational vehicle park area
10 by 5 percent or 100 vehicle spaces, whichever is less.
11 1113. A decrease in the area set aside for open space
12 of 5 percent or 20 acres, whichever is less.
13 1214. A proposed increase to an approved multiuse
14 development of regional impact where the sum of the increases
15 of each land use as a percentage of the applicable substantial
16 deviation criteria is equal to or exceeds 100 percent. The
17 percentage of any decrease in the amount of open space shall
18 be treated as an increase for purposes of determining when 100
19 percent has been reached or exceeded.
20 1315. A 15-percent increase in the number of external
21 vehicle trips generated by the development above that which
22 was projected during the original
23 development-of-regional-impact review.
24 1416. Any change which would result in development of
25 any area which was specifically set aside in the application
26 for development approval or in the development order for
27 preservation or special protection of endangered or threatened
28 plants or animals designated as endangered, threatened, or
29 species of special concern and their habitat, primary dunes,
30 or archaeological and historical sites designated as
31 significant by the Division of Historical Resources of the
19
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 Department of State. The further refinement of such areas by
2 survey shall be considered under sub-subparagraph (e)5.b.
3
4 The substantial deviation numerical standards in subparagraphs
5 4., 6., 8.10., 12.14., excluding residential uses, and 13.15.,
6 are increased by 100 percent for a project certified under s.
7 403.973 which creates jobs and meets criteria established by
8 the Office of Tourism, Trade, and Economic Development as to
9 its impact on an area's economy, employment, and prevailing
10 wage and skill levels. The substantial deviation numerical
11 standards in subparagraphs 4., 6., 7.9., 8.10., 9.11., and
12 12.14. are increased by 50 percent for a project located
13 wholly within an urban infill and redevelopment area
14 designated on the applicable adopted local comprehensive plan
15 future land use map and not located within the coastal high
16 hazard area.
17 (c) An extension of the date of buildout of a
18 development, or any phase thereof, by 7 or more years shall be
19 presumed to create a substantial deviation subject to further
20 development-of-regional-impact review. An extension of the
21 date of buildout, or any phase thereof, of an 5 years or more
22 but less than 7 years shall be presumed not to create a
23 substantial deviation. These presumptions may be rebutted by
24 clear and convincing evidence at the public hearing held by
25 the local government. An extension of less than 7 5 years is
26 not a substantial deviation. For the purpose of calculating
27 when a buildout, phase, or termination date has been exceeded,
28 the time shall be tolled during the pendency of administrative
29 or judicial proceedings relating to development permits. Any
30 extension of the buildout date of a project or a phase thereof
31 shall automatically extend the commencement date of the
20
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 project, the termination date of the development order, the
2 expiration date of the development of regional impact, and the
3 phases thereof by a like period of time.
4 (d) A change in the plan of development of an approved
5 development of regional impact resulting from requirements
6 imposed by the Department of Environmental Protection or any
7 water management district created by s. 373.069 or any of
8 their successor agencies or by any appropriate federal
9 regulatory agency shall be submitted to the local government
10 pursuant to this subsection. The change shall be presumed not
11 to create a substantial deviation subject to further
12 development-of-regional-impact review. The presumption may be
13 rebutted by clear and convincing evidence at the public
14 hearing held by the local government.
15 (e)1. A proposed change which, either individually or,
16 if there were previous changes, cumulatively with those
17 changes, is equal to or exceeds 40 percent of any numerical
18 criterion in subparagraphs (b)1.-15., but which does not
19 exceed such criterion, shall be presumed not to create a
20 substantial deviation subject to further
21 development-of-regional-impact review. The presumption may be
22 rebutted by clear and convincing evidence at the public
23 hearing held by the local government pursuant to subparagraph
24 (f)5.
25 2. Except for a development order rendered pursuant to
26 subsection (22) or subsection (25), a proposed change to a
27 development order that individually or cumulatively with any
28 previous change is less than 40 percent of any numerical
29 criterion contained in subparagraphs (b)1.-15. and does not
30 exceed any other criterion is not a substantial deviation., or
31 that involves an extension of the buildout date of a
21
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 development, or any phase thereof, of less than 5 years is not
2 subject to the public hearing requirements of subparagraph
3 (f)3., and is not subject to a determination pursuant to
4 subparagraph (f)5. Notice of the proposed change shall be
5 made to the regional planning council and the state land
6 planning agency. Such notice shall include a description of
7 previous individual changes made to the development, including
8 changes previously approved by the local government, and shall
9 include appropriate amendments to the development order. The
10 following changes, individually or cumulatively with any
11 previous changes, are not substantial deviations:
12 a. Changes in the name of the project, developer,
13 owner, or monitoring official.
14 b. Changes to a setback that do not affect noise
15 buffers, environmental protection or mitigation areas, or
16 archaeological or historical resources.
17 c. Changes to minimum lot sizes.
18 d. Changes in the configuration of internal roads that
19 do not affect external access points.
20 e. Changes to the building design or orientation that
21 stay approximately within the approved area designated for
22 such building and parking lot, and which do not affect
23 historical buildings designated as significant by the Division
24 of Historical Resources of the Department of State.
25 f. Changes to increase the acreage in the development,
26 provided that no development is proposed on the acreage to be
27 added.
28 g. Changes to eliminate an approved land use, provided
29 that there are no additional regional impacts.
30 h. Changes required to conform to permits approved by
31 any federal, state, or regional permitting agency, provided
22
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 that these changes do not create additional regional impacts.
2 i. Any other change which the state land planning
3 agency agrees in writing is similar in nature, impact, or
4 character to the changes enumerated in sub-subparagraphs a.-h.
5 and which does not create the likelihood of any additional
6 regional impact.
7
8 This subsection does not require a development order amendment
9 for any change listed in sub-subparagraphs a.-i. unless such
10 issue is addressed either in the existing development order or
11 in the application for development approval, but, in the case
12 of the application, only if, and in the manner in which, the
13 application is incorporated in the development order.
14 3. Except for the change authorized by
15 sub-subparagraph 2.f., any addition of land not previously
16 reviewed or any change not specified in paragraph (b) or
17 paragraph (c) shall be presumed to create a substantial
18 deviation. This presumption may be rebutted by clear and
19 convincing evidence.
20 4. Any submittal of a proposed change to a previously
21 approved development shall include a description of individual
22 changes previously made to the development, including changes
23 previously approved by the local government. The local
24 government shall consider the previous and current proposed
25 changes in deciding whether such changes cumulatively
26 constitute a substantial deviation requiring further
27 development-of-regional-impact review.
28 5. The following changes to an approved development of
29 regional impact shall be presumed to create a substantial
30 deviation. Such presumption may be rebutted by clear and
31 convincing evidence.
23
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 a. A change proposed for 15 percent or more of the
2 acreage to a land use not previously approved in the
3 development order. Changes of less than 15 percent shall be
4 presumed not to create a substantial deviation.
5 b. Except for the types of uses listed in subparagraph
6 (b)16., any change which would result in the development of
7 any area which was specifically set aside in the application
8 for development approval or in the development order for
9 preservation, buffers, or special protection, including
10 habitat for plant and animal species, archaeological and
11 historical sites, dunes, and other special areas.
12 c. Notwithstanding any provision of paragraph (b) to
13 the contrary, a proposed change consisting of simultaneous
14 increases and decreases of at least two of the uses within an
15 authorized multiuse development of regional impact which was
16 originally approved with three or more uses specified in s.
17 380.0651(3)(c), (d), (f), and (g) and residential use.
18 (f)1. The state land planning agency shall establish
19 by rule standard forms for submittal of proposed changes to a
20 previously approved development of regional impact which may
21 require further development-of-regional-impact review. At a
22 minimum, the standard form shall require the developer to
23 provide the precise language that the developer proposes to
24 delete or add as an amendment to the development order.
25 2. The developer shall submit, simultaneously, to the
26 local government, the regional planning agency, and the state
27 land planning agency the request for approval of a proposed
28 change.
29 3. No sooner than 30 days but no later than 45 days
30 after submittal by the developer to the local government, the
31 state land planning agency, and the appropriate regional
24
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 planning agency, the local government shall give 15 days'
2 notice and schedule a public hearing to consider the change
3 that the developer asserts does not create a substantial
4 deviation. This public hearing shall be held within 90 days
5 after submittal of the proposed changes, unless that time is
6 extended by the developer.
7 4. The appropriate regional planning agency or the
8 state land planning agency shall review the proposed change
9 and, no later than 45 days after submittal by the developer of
10 the proposed change, unless that time is extended by the
11 developer, and prior to the public hearing at which the
12 proposed change is to be considered, shall advise the local
13 government in writing whether it objects to the proposed
14 change, shall specify the reasons for its objection, if any,
15 and shall provide a copy to the developer. A change which is
16 subject to the substantial deviation criteria specified in
17 sub-subparagraph (e)5.c. shall not be subject to this
18 requirement.
19 5. At the public hearing, the local government shall
20 determine whether the proposed change requires further
21 development-of-regional-impact review. The provisions of
22 paragraphs (a) and (e), the thresholds set forth in paragraph
23 (b), and the presumptions set forth in paragraphs (c) and (d)
24 and subparagraphs (e)1. and 3. shall be applicable in
25 determining whether further development-of-regional-impact
26 review is required.
27 6. If the local government determines that the
28 proposed change does not require further
29 development-of-regional-impact review and is otherwise
30 approved, or if the proposed change is not subject to a
31 hearing and determination pursuant to subparagraphs 3. and 5.
25
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 and is otherwise approved, the local government shall issue an
2 amendment to the development order incorporating the approved
3 change and conditions of approval relating to the change. The
4 decision of the local government to approve, with or without
5 conditions, or to deny the proposed change that the developer
6 asserts does not require further review shall be subject to
7 the appeal provisions of s. 380.07. However, the state land
8 planning agency may not appeal the local government decision
9 if it did not comply with subparagraph 4. The state land
10 planning agency may not appeal a change to a development order
11 made pursuant to subparagraph (e)2. for developments of
12 regional impact approved after January 1, 1980, unless the
13 change would result in a significant impact to a regionally
14 significant archaeological, historical, or natural resource
15 not previously identified in the original
16 development-of-regional-impact review.
17 (g) If a proposed change requires further
18 development-of-regional-impact review pursuant to this
19 section, the review shall be conducted subject to the
20 following additional conditions:
21 1. The development-of-regional-impact review conducted
22 by the appropriate regional planning agency shall address only
23 those issues raised by the proposed change except as provided
24 in subparagraph 2.
25 2. The regional planning agency shall consider, and
26 the local government shall determine whether to approve,
27 approve with conditions, or deny the proposed change as it
28 relates to the entire development. If the local government
29 determines that the proposed change, as it relates to the
30 entire development, is unacceptable, the local government
31 shall deny the change.
26
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 3. If the local government determines that the
2 proposed change, as it relates to the entire development,
3 should be approved, any new conditions in the amendment to the
4 development order issued by the local government shall address
5 only those issues raised by the proposed change.
6 4. Development within the previously approved
7 development of regional impact may continue, as approved,
8 during the development-of-regional-impact review in those
9 portions of the development which are not affected by the
10 proposed change.
11 (h) When further development-of-regional-impact review
12 is required because a substantial deviation has been
13 determined or admitted by the developer, the amendment to the
14 development order issued by the local government shall be
15 consistent with the requirements of subsection (15) and shall
16 be subject to the hearing and appeal provisions of s. 380.07.
17 The state land planning agency or the appropriate regional
18 planning agency need not participate at the local hearing in
19 order to appeal a local government development order issued
20 pursuant to this paragraph.
21 Section 4. Section 380.0651, Florida Statutes, is
22 amended to read:
23 380.0651 Statewide guidelines and standards.--
24 (1) The statewide guidelines and standards for
25 developments required to undergo
26 development-of-regional-impact review provided in this section
27 supersede the statewide guidelines and standards previously
28 adopted by the Administration Commission that address the same
29 development. Other standards and guidelines previously
30 adopted by the Administration Commission, including the
31 residential standards and guidelines, shall not be superseded.
27
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 The guidelines and standards shall be applied in the manner
2 described in s. 380.06(2)(a).
3 (2) The Administration Commission shall publish the
4 statewide guidelines and standards established in this section
5 in its administrative rule in place of the guidelines and
6 standards that are superseded by this act, without the
7 proceedings required by s. 120.54 and notwithstanding the
8 provisions of s. 120.545(1)(c). The Administration Commission
9 shall initiate rulemaking proceedings pursuant to s. 120.54 to
10 make all other technical revisions necessary to conform the
11 rules to this act. Rule amendments made pursuant to this
12 subsection shall not be subject to the requirement for
13 legislative approval pursuant to s. 380.06(2).
14 (3) The following statewide guidelines and standards
15 shall be applied in the manner described in s. 380.06(2) to
16 determine whether the following developments shall be required
17 to undergo development-of-regional-impact review:
18 (a) Airports.--
19 1. Any of the following airport construction projects
20 shall be a development of regional impact:
21 a. A new commercial service or general aviation
22 airport with paved runways.
23 b. A new commercial service or general aviation paved
24 runway.
25 c. A new passenger terminal facility.
26 2. Lengthening of an existing runway by 25 percent or
27 an increase in the number of gates by 25 percent or three
28 gates, whichever is greater, on a commercial service airport
29 or a general aviation airport with regularly scheduled flights
30 is a development of regional impact. However, expansion of
31 existing terminal facilities at a nonhub or small hub
28
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 commercial service airport shall not be a development of
2 regional impact.
3 3. Any airport development project which is proposed
4 for safety, repair, or maintenance reasons alone and would not
5 have the potential to increase or change existing types of
6 aircraft activity is not a development of regional impact.
7 Notwithstanding subparagraphs 1. and 2., renovation,
8 modernization, or replacement of airport airside or terminal
9 facilities that may include increases in square footage of
10 such facilities but does not increase the number of gates or
11 change the existing types of aircraft activity is not a
12 development of regional impact.
13 (b) Attractions and recreation facilities.--Any
14 sports, entertainment, amusement, or recreation facility,
15 including, but not limited to, a sports arena, stadium,
16 racetrack, tourist attraction, amusement park, or pari-mutuel
17 facility, the construction or expansion of which:
18 1. For single performance facilities:
19 a. Provides parking spaces for more than 2,500 cars;
20 or
21 b. Provides more than 10,000 permanent seats for
22 spectators.
23 2. For serial performance facilities:
24 a. Provides parking spaces for more than 1,000 cars;
25 or
26 b. Provides more than 4,000 permanent seats for
27 spectators.
28
29 For purposes of this subsection, "serial performance
30 facilities" means those using their parking areas or permanent
31 seating more than one time per day on a regular or continuous
29
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 basis.
2 3. For multiscreen movie theaters of at least 8
3 screens and 2,500 seats:
4 a. Provides parking spaces for more than 1,500 cars;
5 or
6 b. Provides more than 6,000 permanent seats for
7 spectators.
8 (c) Industrial plants, industrial parks, and
9 distribution, warehousing or wholesaling facilities.--Any
10 proposed industrial, manufacturing, or processing plant, or
11 distribution, warehousing, or wholesaling facility, excluding
12 wholesaling developments which deal primarily with the general
13 public onsite, under common ownership, or any proposed
14 industrial, manufacturing, or processing activity or
15 distribution, warehousing, or wholesaling activity, excluding
16 wholesaling activities which deal primarily with the general
17 public onsite, which:
18 1. Provides parking for more than 2,500 motor
19 vehicles; or
20 2. Occupies a site greater than 640 320 acres.
21 (d) Office development.--Any proposed office building
22 or park operated under common ownership, development plan, or
23 management that:
24 1. Encompasses 300,000 or more square feet of gross
25 floor area; or
26 2. Has a total site size of 30 or more acres; or
27 23. Encompasses more than 600,000 square feet of gross
28 floor area in a county with a population greater than 500,000
29 and only in a geographic area specifically designated as
30 highly suitable for increased threshold intensity in the
31 approved local comprehensive plan and in the strategic
30
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 regional policy plan.
2 (e) Port facilities.--The proposed construction of any
3 waterport or marina is required to undergo
4 development-of-regional-impact review, except one designed
5 for:
6 1.a. The wet storage or mooring of fewer than 150
7 watercraft used exclusively for sport, pleasure, or commercial
8 fishing, or
9 b. The dry storage of fewer than 200 watercraft used
10 exclusively for sport, pleasure, or commercial fishing, or
11 c. The wet or dry storage or mooring of fewer than 150
12 watercraft on or adjacent to an inland freshwater lake except
13 Lake Okeechobee or any lake which has been designated an
14 Outstanding Florida Water, or
15 d. The wet or dry storage or mooring of fewer than 50
16 watercraft of 40 feet in length or less of any type or
17 purpose. The exceptions to this paragraph's requirements for
18 development-of-regional-impact review shall not apply to any
19 waterport or marina facility located within or which serves
20 physical development located within a coastal barrier resource
21 unit on an unbridged barrier island designated pursuant to 16
22 U.S.C. s. 3501.
23
24 In addition to the foregoing, for projects for which no
25 environmental resource permit or sovereign submerged land
26 lease is required, the Department of Environmental Protection
27 must determine in writing that a proposed marina in excess of
28 10 slips or storage spaces or a combination of the two is
29 located so that it will not adversely impact Outstanding
30 Florida Waters or Class II waters and will not contribute boat
31 traffic in a manner that will have an adverse impact on an
31
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 area known to be, or likely to be, frequented by manatees. If
2 the Department of Environmental Protection fails to issue its
3 determination within 45 days of receipt of a formal written
4 request, it has waived its authority to make such
5 determination. The Department of Environmental Protection
6 determination shall constitute final agency action pursuant to
7 chapter 120.
8 2. The dry storage of fewer than 300 watercraft used
9 exclusively for sport, pleasure, or commercial fishing at a
10 marina constructed and in operation prior to July 1, 1985.
11 3. Any proposed marina development with both wet and
12 dry mooring or storage used exclusively for sport, pleasure,
13 or commercial fishing, where the sum of percentages of the
14 applicable wet and dry mooring or storage thresholds equals
15 100 percent. This threshold is in addition to, and does not
16 preclude, a development from being required to undergo
17 development-of-regional-impact review under sub-subparagraphs
18 1.a. and b. and subparagraph 2.
19 (e)(f) Retail and service development.--Any proposed
20 retail, service, or wholesale business establishment or group
21 of establishments which deals primarily with the general
22 public onsite, operated under one common property ownership,
23 development plan, or management that:
24 1. Encompasses more than 400,000 square feet of gross
25 area;
26 2. Occupies more than 40 acres of land; or
27 23. Provides parking spaces for more than 2,500 cars.
28 (f)(g) Hotel or motel development.--
29 1. Any proposed hotel or motel development that is
30 planned to create or accommodate 350 or more units; or
31 2. Any proposed hotel or motel development that is
32
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 planned to create or accommodate 750 or more units, in a
2 county with a population greater than 500,000, and only in a
3 geographic area specifically designated as highly suitable for
4 increased threshold intensity in the approved local
5 comprehensive plan and in the strategic regional policy plan.
6 (g)(h) Recreational vehicle development.--Any proposed
7 recreational vehicle development planned to create or
8 accommodate 500 or more spaces.
9 h(i) Multiuse development.--Any proposed development
10 with two or more land uses where the sum of the percentages of
11 the appropriate thresholds identified in chapter 28-24,
12 Florida Administrative Code, or this section for each land use
13 in the development is equal to or greater than 145 percent.
14 Any proposed development with three or more land uses, one of
15 which is residential and contains at least 100 dwelling units
16 or 15 percent of the applicable residential threshold,
17 whichever is greater, where the sum of the percentages of the
18 appropriate thresholds identified in chapter 28-24, Florida
19 Administrative Code, or this section for each land use in the
20 development is equal to or greater than 160 percent. This
21 threshold is in addition to, and does not preclude, a
22 development from being required to undergo
23 development-of-regional-impact review under any other
24 threshold.
25 (i)(j) Residential development.--No rule may be
26 adopted concerning residential developments which treats a
27 residential development in one county as being located in a
28 less populated adjacent county unless more than 25 percent of
29 the development is located within 2 or less miles of the less
30 populated adjacent county.
31 (j)(k) Schools.--
33
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 1. The proposed construction of any public, private,
2 or proprietary postsecondary educational campus which provides
3 for a design population of more than 5,000 full-time
4 equivalent students, or the proposed physical expansion of any
5 public, private, or proprietary postsecondary educational
6 campus having such a design population that would increase the
7 population by at least 20 percent of the design population.
8 2. As used in this paragraph, "full-time equivalent
9 student" means enrollment for 15 or more quarter hours during
10 a single academic semester. In area vocational schools or
11 other institutions which do not employ semester hours or
12 quarter hours in accounting for student participation,
13 enrollment for 18 contact hours shall be considered equivalent
14 to one quarter hour, and enrollment for 27 contact hours shall
15 be considered equivalent to one semester hour.
16 3. This paragraph does not apply to institutions which
17 are the subject of a campus master plan adopted by the Board
18 of Regents pursuant to s. 240.155.
19 (4) Two or more developments, represented by their
20 owners or developers to be separate developments, shall be
21 aggregated and treated as a single development under this
22 chapter when they are determined to be part of a unified plan
23 of development and are physically proximate to one other.
24 (a) The criteria of two of the following subparagraphs
25 must be met in order for the state land planning agency to
26 determine that there is a unified plan of development:
27 1.a. The same person has retained or shared control of
28 the developments;
29 b. The same person has ownership or a significant
30 legal or equitable interest in the developments; or
31 c. There is common management of the developments
34
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 controlling the form of physical development or disposition of
2 parcels of the development.
3 2. There is a reasonable closeness in time between the
4 completion of 80 percent or less of one development and the
5 submission to a governmental agency of a master plan or series
6 of plans or drawings for the other development which is
7 indicative of a common development effort.
8 3. A master plan or series of plans or drawings exists
9 covering the developments sought to be aggregated which have
10 been submitted to a local general-purpose government, water
11 management district, the Florida Department of Environmental
12 Protection, or the Division of Florida Land Sales,
13 Condominiums, and Mobile Homes for authorization to commence
14 development. The existence or implementation of a utility's
15 master utility plan required by the Public Service Commission
16 or general-purpose local government or a master drainage plan
17 shall not be the sole determinant of the existence of a master
18 plan.
19 4. The voluntary sharing of infrastructure that is
20 indicative of a common development effort or is designated
21 specifically to accommodate the developments sought to be
22 aggregated, except that which was implemented because it was
23 required by a local general-purpose government; water
24 management district; the Department of Environmental
25 Protection; the Division of Florida Land Sales, Condominiums,
26 and Mobile Homes; or the Public Service Commission.
27 5. There is a common advertising scheme or promotional
28 plan in effect for the developments sought to be aggregated.
29 (b) The following activities or circumstances shall
30 not be considered in determining whether to aggregate two or
31 more developments:
35
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 1. Activities undertaken leading to the adoption or
2 amendment of any comprehensive plan element described in part
3 II of chapter 163.
4 2. The sale of unimproved parcels of land, where the
5 seller does not retain significant control of the future
6 development of the parcels.
7 3. The fact that the same lender has a financial
8 interest, including one acquired through foreclosure, in two
9 or more parcels, so long as the lender is not an active
10 participant in the planning, management, or development of the
11 parcels in which it has an interest.
12 4. Drainage improvements that are not designed to
13 accommodate the types of development listed in the guidelines
14 and standards contained in or adopted pursuant to this chapter
15 or which are not designed specifically to accommodate the
16 developments sought to be aggregated.
17 (c) Aggregation is not applicable when the following
18 circumstances and provisions of this chapter are applicable:
19 1. Developments which are otherwise subject to
20 aggregation with a development of regional impact which has
21 received approval through the issuance of a final development
22 order shall not be aggregated with the approved development of
23 regional impact. However, nothing contained in this
24 subparagraph shall preclude the state land planning agency
25 from evaluating an allegedly separate development as a
26 substantial deviation pursuant to s. 380.06(19) or as an
27 independent development of regional impact.
28 2. Two or more developments, each of which is
29 independently a development of regional impact that has or
30 will obtain a development order pursuant to s. 380.06.
31 3. Completion of any development that has been vested
36
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 pursuant to s. 380.05 or s. 380.06, including vested rights
2 arising out of agreements entered into with the state land
3 planning agency for purposes of resolving vested rights
4 issues. Development-of-regional-impact review of additions to
5 vested developments of regional impact shall not include
6 review of the impacts resulting from the vested portions of
7 the development.
8 4. The developments sought to be aggregated were
9 authorized to commence development prior to September 1, 1988,
10 and could not have been required to be aggregated under the
11 law existing prior to that date.
12 (d) The provisions of this subsection shall be applied
13 prospectively from September 1, 1988. Written decisions,
14 agreements, and binding letters of interpretation made or
15 issued by the state land planning agency prior to July 1,
16 1988, shall not be affected by this subsection.
17 (e) In order to encourage developers to design,
18 finance, donate, or build infrastructure, public facilities,
19 or services, the state land planning agency may enter into
20 binding agreements with two or more developers providing that
21 the joint planning, sharing, or use of specified public
22 infrastructure, facilities, or services by the developers
23 shall not be considered in any subsequent determination of
24 whether a unified plan of development exists for their
25 developments. Such binding agreements may authorize the
26 developers to pool impact fees or impact-fee credits, or to
27 enter into front-end agreements, or other financing
28 arrangements by which they collectively agree to design,
29 finance, donate, or build such public infrastructure,
30 facilities, or services. Such agreements shall be conditioned
31 upon a subsequent determination by the appropriate local
37
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 government of consistency with the approved local government
2 comprehensive plan and land development regulations.
3 Additionally, the developers must demonstrate that the
4 provision and sharing of public infrastructure, facilities, or
5 services is in the public interest and not merely for the
6 benefit of the developments which are the subject of the
7 agreement. Developments that are the subject of an agreement
8 pursuant to this paragraph shall be aggregated if the state
9 land planning agency determines that sufficient aggregation
10 factors are present to require aggregation without considering
11 the design features, financial arrangements, donations, or
12 construction that are specified in and required by the
13 agreement.
14 (f) The state land planning agency has authority to
15 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
16 the provisions of this subsection.
17 Section 5. (1) Nothing contained in this act abridges
18 or modifies any vested or other right or any duty or
19 obligation pursuant to any development order or agreement
20 which is applicable to a development of regional impact on the
21 effective date of this act. A development which has received
22 a development-of-regional-impact development order pursuant to
23 s. 380.06, but is no longer required to undergo
24 development-of-regional-impact review by operation of this
25 act, shall be governed by the following procedures:
26 (a) The development shall continue to be governed by
27 the development-of-regional impact development order, and may
28 be completed in reliance upon and pursuant to the development
29 order. The development-of-regional-impact development order
30 may be enforced by the local government as provided by ss.
31 380.06(17) and 380.11, Florida Statutes (2001).
38
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 (b) If requested by the developer or landowner, the
2 development-of-regional-impact development order may be
3 amended or rescinded by the local government consistent with
4 the local comprehensive plan and land development regulations,
5 and pursuant to the local government procedures governing
6 local development orders.
7 (2) A development with an application for development
8 approval pending on the effective date of this act, or a
9 notification of proposed change pending on the effective date
10 of this act, may elect to continue such review pursuant to s.
11 380.06, Florida Statutes (2001). At the conclusion of the
12 pending review, including any appeals pursuant to s. 380.07,
13 Florida Statutes (2001), the resulting development order shall
14 be governed by the provisions of subsection (1).
15
16 (RENUMBER SUBSEQUENT SECTIONS)
17
18
19 ================ T I T L E A M E N D M E N T ===============
20 And the title is amended as follows:
21 On page 1, line 2,
22 remove: the entire title
23
24 and insert:
25 An act relating to Growth Management; amending
26 s. 163.3184, F.S.; revising definitions;
27 revising provisions governing the process for
28 adopting comprehensive plans and plan
29 amendments; amending s. 380.04, F.S.; revising
30 the definition of what is not development to
31 include: interstate highways, increases in
39
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 utility capacity within an existing
2 right-of-way and redevelopment of the same uses
3 and intensity of use within the same parcel
4 footprint; inserting "electricity" into work by
5 a utility that is not defined as development;
6 amending s. 380.06, F.S., relating to
7 developments of regional impact; removing a
8 rebuttable presumption with respect to
9 application of the statewide guidelines and
10 standards and revising the fixed thresholds;
11 providing for submission of biennial, rather
12 than annual, reports by the developer;
13 authorizing submission of a letter, rather than
14 a report, under certain circumstances;
15 providing for amendment of development orders
16 with respect to report frequency; removing
17 provisions which specify that increases in the
18 storage capacity for chemical or petroleum
19 storage facilities, or development at a
20 waterport constitute a substantial deviation
21 and require further
22 development-of-regional-impact review;
23 providing that an extension of the date of
24 buildout of less than 7 years is not a
25 substantial deviation; amending s. 380.0651,
26 F.S., deleting development-of-regional-impact
27 statewide guidelines and standards for port
28 facilities; revising the guidelines and
29 standards for office development, retail and
30 service development, and industrial
31 development; providing application with respect
40
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975
HOUSE AMENDMENT
Bill No. HB 1535
Amendment No. 3 (for drafter's use only)
1 to developments which have received a
2 development-of-regional-impact development
3 order, or which have an application for
4 development approval or notification of
5 proposed change pending; providing an effective
6 date.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
41
File original & 9 copies 02/22/02
hca0003 08:20 am 01535-lgva-101975