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
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  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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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.

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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.

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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

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                                                   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.--

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                                                   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

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                                                   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:

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                                                   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

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                                                   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

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                                                   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).

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                                                   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

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                                                   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

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                                                   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

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