House Bill hb1535e1
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                                       CS/HB 1535, First Engrossed
  1                      A bill to be entitled
  2         An act relating to growth management; creating
  3         s. 380.52, F.S.; providing a short title;
  4         creating s. 380.54, F.S.; providing legislative
  5         findings; creating s. 380.56, F.S.; providing
  6         that the Division of Administrative Hearings
  7         has exclusive jurisdiction over all claims for
  8         damages to real or personal property caused by
  9         the use of explosives in connection with
10         construction materials mining; creating s.
11         380.58, F.S.; requiring a person obtaining or
12         renewing a license to use explosives to post
13         and maintain a bond or letter of credit of a
14         specified amount; authorizing the State Fire
15         Marshal to adopt rules; creating s. 380.60,
16         F.S.; providing a procedures for seeking
17         recovery of damages resulting from the use of
18         explosives in connection with construction
19         materials mining; providing a standard of
20         evidence; providing for final orders; creating
21         s. 380.62, F.S.; providing for an order of the
22         administrative law judge to be appealed to the
23         district court of appeal; creating s. 380.64,
24         F.S.; providing that ss. 380.42-380.64 do not
25         affect any prior claim; amending s. 552.30,
26         F.S.; revising provisions governing
27         construction materials mining activities;
28         amending s. 163.3187, F.S.; providing for plan
29         amendment relating to certain roadways in
30         specified counties under certain conditions;
31         amending s. 163.01, F.S.; revising filing
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                                       CS/HB 1535, First Engrossed
  1         requirements for interlocal agreements;
  2         providing for filing with the clerk of the
  3         circuit court in the county where the
  4         administrative entity maintains its business;
  5         providing for evidence of filing in counties
  6         where other parties are located; amending s.
  7         163.3177, F.S.; revising provisions governing
  8         regulation of intensity of use; requiring
  9         certain local governments to prepare an
10         inventory of service delivery interlocal
11         agreements; requiring local governments to
12         provide the Legislature with recommendations
13         regarding annexation; amending s. 163.3180,
14         F.S.; providing for the waiver of concurrency
15         requirements; amending s. 163.3184, F.S.;
16         revising definitions; revising provisions
17         governing the process for adopting
18         comprehensive plans and plan amendments;
19         amending s. 380.04, F.S.; revising the
20         definition of "development" with regard to
21         operations that do not involve development to
22         include federal interstate highways and the
23         transmission of electricity; amending s.
24         380.06, F.S., relating to developments of
25         regional impact; removing a rebuttable
26         presumption with respect to application of the
27         statewide guidelines and standards and revising
28         the fixed thresholds; providing for designation
29         of a lead regional planning council; providing
30         for submission of biennial, rather than annual,
31         reports by the developer; authorizing
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                                       CS/HB 1535, First Engrossed
  1         submission of a letter, rather than a report,
  2         under certain circumstances; providing for
  3         amendment of development orders with respect to
  4         report frequency; revising provisions governing
  5         substantial deviation standards for
  6         developments of regional impact; providing that
  7         an extension of the date of buildout of less
  8         than a specified number of years is not a
  9         substantial deviation; providing that certain
10         renovation or redevelopment of a previously
11         approved development of regional impact is not
12         a substantial deviation; providing a statutory
13         exemption from the
14         development-of-regional-impact process for
15         petroleum storage facilities, certain
16         renovation or redevelopment, and certain
17         waterport or marina development; designating
18         Whopper Way in Miami-Dade County and directing
19         the Department of Transportation to erect
20         suitable markers; amending s. 380.0651, F.S.;
21         revising the guidelines and standards for
22         office development, and retail and service
23         development; creating s. 235.1851, F.S.;
24         providing legislative intent; authorizing the
25         creation of educational facilities benefit
26         districts pursuant to interlocal agreement;
27         providing for creation of an educational
28         facilities benefit district through adoption of
29         an ordinance; specifying content of such
30         ordinances; providing for the creating entity
31         to be the local general purpose government
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                                       CS/HB 1535, First Engrossed
  1         within whose boundaries a majority of the
  2         educational facilities benefit district's lands
  3         are located; providing that educational
  4         facilities benefit districts may only be
  5         created with the consent of the district school
  6         board, all affected local general purpose
  7         governments, and all landowners within the
  8         district; providing for the membership of the
  9         governing boards of educational facilities
10         benefit districts; providing the powers of
11         educational facilities benefit districts;
12         authorizing community development districts,
13         created pursuant to ch. 190, F.S., to be
14         eligible for financial enhancements available
15         to educational facilities benefit districts;
16         conditioning such eligibility upon the
17         establishment of an interlocal agreement;
18         creating s. 235.1852, F.S.; providing funding
19         for educational facilities benefit districts
20         and community development districts; creating
21         s. 235.1853, F.S.; providing for the
22         utilization of educational facilities built
23         pursuant to this act; amending ss. 163.3187 and
24         189.415, F.S.; conforming cross references;
25         providing application with respect to
26         developments that have received a
27         development-of-regional-impact development
28         order or that have an application for
29         development approval or notification of
30         proposed change pending; repealing s.
31         163.3164(6), F.S., relating to the Local
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                                       CS/HB 1535, First Engrossed
  1         Government Comprehensive Planning and Land
  2         Development Act; deleting the definition of
  3         "development"; creating s. 163.3165, F.S.;
  4         providing a definition of "development";
  5         amending ss. 186.515, 287.042, 288.975,
  6         369.303, 420.9071, and 420.9076, F.S.;
  7         conforming cross references; providing an
  8         effective date.
  9
10  Be It Enacted by the Legislature of the State of Florida:
11
12         Section 1.  Section 380.52, Florida Statutes, is
13  created to read:
14         380.52  Short title.--Sections 380.52-380.64 may be
15  cited as the "Construction Materials Mining Administrative
16  Recovery Act."
17         Section 2.  Section 380.54, Florida Statutes, is
18  created to read:
19         380.54  Legislative findings; public purpose.--The
20  Legislature finds that:
21         (1)  Construction materials mining requires the use of
22  explosives to fracture the material prior to excavation.
23         (2)  The use of explosives results in physical ground
24  vibrations and air blasts that may affect other property
25  owners in the vicinity of the mining site.
26         (3)  It is in the interest of the public to provide a
27  specific administrative remedy for complaints concerning the
28  use of explosives in construction materials mining.
29         Section 3.  Section 380.56, Florida Statutes, is
30  created to read:
31
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                                       CS/HB 1535, First Engrossed
  1         380.56  Exclusive jurisdiction; Division of
  2  Administrative Hearings.--
  3         (1)  The Division of Administrative Hearings has
  4  exclusive jurisdiction over all claims for damage to real or
  5  personal property caused by the use of explosives in
  6  connection with construction materials mining. This chapter
  7  does not affect any claim seeking recovery for personal
  8  injury, emotional distress, or punitive damages. Any cause of
  9  action involving both a claim for damage to real or personal
10  property and another claim not addressed by this chapter must
11  be bifurcated so that any claim seeking recovery for damage to
12  real or personal property is adjudicated by the Division of
13  Administrative Hearings.
14         (2)  Notwithstanding s. 552.25, the review process
15  contained in this chapter preempts any claims, recovery, or
16  similar procedure of any municipality, agency, board, county,
17  or other subdivision, entity, or special district of the state
18  which would otherwise address a claim for damage caused by the
19  use of explosives in connection with construction materials
20  mining.
21         Section 4.  Section 380.58, Florida Statutes, is
22  created to read:
23         380.58  Security requirement.--
24         (1)  As a prerequisite to obtaining or renewing a user
25  license under s. 552.091(5)(a), a person who uses explosives
26  in connection with construction materials mining must post and
27  maintain a bond or letter of credit as security. Evidence that
28  the bond has been posted and maintained in compliance with
29  this section must be maintained by any person who uses
30  explosives in connection with construction mining as part of
31  the mandatory requirements for the maintenance of records
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                                       CS/HB 1535, First Engrossed
  1  under s. 552.112. Such person must maintain a completed form,
  2  in a format approved by the Division of State Fire Marshal of
  3  the Department of Insurance, which shows the amount and
  4  location of the bond or identifies the bond surety and current
  5  bond value.
  6         (2)  The bond or letter of credit must be in an amount
  7  of at least $100,000, notwithstanding an award made by an
  8  administrative law judge under s. 380.60(6). If the user of
  9  explosives has not been identifies as a respondent in any
10  pending claim for damages under this chapter, and if no
11  renewal of the user license is sought, the bond required under
12  this section may be released upon the expiration of the user
13  license under s. 552.091(6)
14         (3)  The State Fire Marshal may adopt rules to
15  administer this section.
16         Section 5.  Section 380.60, Florida Statutes, is
17  created to read:
18         380.60  Administrative remedy for alleged damage due to
19  the use of explosives in connection with construction
20  materials mining.--
21         (1)  A person who seeks recovery of damages resulting
22  from the use of explosives in connection with construction
23  materials mining must file a petition with the Division of
24  Administrative Hearings on a form provided by the division and
25  accompanied by a filing fee of $100 within 4 years after the
26  occurrence of the alleged damage.
27         (2)  Upon receipt of the petition and accompanying
28  filling fee, the Division of Administrative Hearings shall,
29  within 15 days, assign the matter to an administrative law
30  judge.
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                                       CS/HB 1535, First Engrossed
  1         (3)  The administrative law judge shall set the matter
  2  for hearing as soon thereafter as possible at a location in
  3  the county where the alleged damage occurred. However, a
  4  hearing may not be scheduled sooner than 30 days after the
  5  date the respondent is served with the petition claiming
  6  damages.
  7         (4)  The petition claiming damages must include:
  8         (a)  The name and address of the petitioner;
  9         (b)  The name and address of the respondent;
10         (c)  The time, date, and place of the use of explosives
11  which is alleged to have resulted in damage to the petitioner;
12  and
13         (d)  A description of the damage caused and the amount
14  sought for recovery.
15         (5)  Unless otherwise provided in this chapter, the
16  procedure for recovery provided in this act shall be governed
17  by chapter 120 and the uniform rules of procedure described in
18  s. 120.54(5).
19         (6)  If the administrative law judge finds that the
20  substantial competent evidence presented demonstrates that the
21  petitioner's damages were caused by the respondent's use of
22  explosives, the administrative law judge shall set forth in a
23  final order precise findings as to the damages attributable to
24  the respondent and shall direct the respondent to pay such
25  damages within 30 days after the final order, unless the
26  matter is appealed in accordance with s. 380.62. If the
27  respondent fails to pay the damages awarded in a timely
28  manner, the petitioner may request and the administrative law
29  judge may order that the petitioner be paid from the security
30  posted by the respondent under s. 380.58 for the amount of
31  damages awarded. To the extent that the security does not
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                                       CS/HB 1535, First Engrossed
  1  satisfy the damage award, the respondent shall be awarded a
  2  judgment directly against the respondent for unrecovered
  3  damages.
  4         (7)  If the administrative law judge finds that the
  5  substantial competent evidence presented demonstrates that the
  6  petitioner's alleged damages were not caused by the
  7  respondent's use of explosives, the administrative law judge
  8  shall set forth in a final order precise findings as to the
  9  lack of responsibility of the respondent.
10         (8)  The prevailing party is entitled to recovery of
11  reasonable costs for the administrative hearing, including
12  reasonable attorney's fees and expert-witness fees.
13         Section 6.  Section 380.62, Florida Statutes, is
14  created to read:
15         380.62  Appeal.--The petitioner or respondent may
16  appeal the decision of the administrative law judge to the
17  district court of appeal by filing a notice with the Division
18  of Administrative Hearings within 30 days after the date of
19  rendition of the decision, as provided by the Florida Rules of
20  Appellate Procedure. The payment of any award shall be stayed
21  during the pendency of an appeal.
22         Section 7.  Section 380.64, Florida Statutes, is
23  created to read:
24         380.64  Prior claims.--Sections 380.52-380.64 do not
25  affect any claim filed in any tribunal before the effective
26  date of this act.
27         Section 8.  Subsection (1) of section 552.30, Florida
28  Statutes, is amended to read:
29         552.30  Construction materials mining activities.--
30         (1)  Notwithstanding the provisions of s. 552.25, the
31  State Fire Marshal shall have the sole and exclusive authority
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                                       CS/HB 1535, First Engrossed
  1  to promulgate standards, limits, and regulations regarding the
  2  use of explosives in conjunction with construction materials
  3  mining activities. Such authority to regulate use shall
  4  include, directly or indirectly, the operation, handling,
  5  licensure, or permitting of explosives and setting standards
  6  or limits, including, but not limited to, ground vibration,
  7  frequency, intensity, blast pattern, air blast and time, date,
  8  occurrence, and notice restrictions. As used in this section,
  9  "construction materials mining activities" means the
10  extraction of limestone and sand suitable for production of
11  construction aggregates, sand, cement, and road base materials
12  for shipment offsite by any person or company primarily
13  engaged in the commercial mining of any such natural
14  resources.
15         Section 9.  Paragraphs (c) and (i) of subsection (1) of
16  section 163.3187, Florida Statutes, are amended, and paragraph
17  (k) is added to said subsection, to read:
18         163.3187  Amendment of adopted comprehensive plan.--
19         (1)  Amendments to comprehensive plans adopted pursuant
20  to this part may be made not more than two times during any
21  calendar year, except:
22         (c)  Any local government comprehensive plan amendments
23  directly related to proposed small scale development
24  activities may be approved without regard to statutory limits
25  on the frequency of consideration of amendments to the local
26  comprehensive plan. A small scale development amendment may be
27  adopted only under the following conditions:
28         1.  The proposed amendment involves a use of 10 acres
29  or fewer and:
30
31
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                                       CS/HB 1535, First Engrossed
  1         a.  The cumulative annual effect of the acreage for all
  2  small scale development amendments adopted by the local
  3  government shall not exceed:
  4         (I)  A maximum of 120 acres in a local government that
  5  contains areas specifically designated in the local
  6  comprehensive plan for urban infill, urban redevelopment, or
  7  downtown revitalization as defined in s. 163.3164, urban
  8  infill and redevelopment areas designated under s. 163.2517,
  9  transportation concurrency exception areas approved pursuant
10  to s. 163.3180(5), or regional activity centers and urban
11  central business districts approved pursuant to s.
12  380.06(2)(e); however, amendments under this paragraph may be
13  applied to no more than 60 acres annually of property outside
14  the designated areas listed in this sub-sub-subparagraph.
15  Amendments adopted pursuant to paragraph (k) shall not be
16  counted toward the acreage limitations for small scale
17  amendments under this paragraph.
18         (II)  A maximum of 80 acres in a local government that
19  does not contain any of the designated areas set forth in
20  sub-sub-subparagraph (I).
21         (III)  A maximum of 120 acres in a county established
22  pursuant to s. 9, Art. VIII of the State Constitution.
23         b.  The proposed amendment does not involve the same
24  property granted a change within the prior 12 months.
25         c.  The proposed amendment does not involve the same
26  owner's property within 200 feet of property granted a change
27  within the prior 12 months.
28         d.  The proposed amendment does not involve a text
29  change to the goals, policies, and objectives of the local
30  government's comprehensive plan, but only proposes a land use
31
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                                       CS/HB 1535, First Engrossed
  1  change to the future land use map for a site-specific small
  2  scale development activity.
  3         e.  The property that is the subject of the proposed
  4  amendment is not located within an area of critical state
  5  concern, unless the project subject to the proposed amendment
  6  involves the construction of affordable housing units meeting
  7  the criteria of s. 420.0004(3), and is located within an area
  8  of critical state concern designated by s. 380.0552 or by the
  9  Administration Commission pursuant to s. 380.05(1). Such
10  amendment is not subject to the density limitations of
11  sub-subparagraph f., and shall be reviewed by the state land
12  planning agency for consistency with the principles for
13  guiding development applicable to the area of critical state
14  concern where the amendment is located and shall not become
15  effective until a final order is issued under s. 380.05(6).
16         f.  If the proposed amendment involves a residential
17  land use, the residential land use has a density of 10 units
18  or less per acre, except that this limitation does not apply
19  to small scale amendments described in sub-sub-subparagraph
20  a.(I) that are designated in the local comprehensive plan for
21  urban infill, urban redevelopment, or downtown revitalization
22  as defined in s. 163.3164, urban infill and redevelopment
23  areas designated under s. 163.2517, transportation concurrency
24  exception areas approved pursuant to s. 163.3180(5), or
25  regional activity centers and urban central business districts
26  approved pursuant to s. 380.06(2)(e).
27         2.a.  A local government that proposes to consider a
28  plan amendment pursuant to this paragraph is not required to
29  comply with the procedures and public notice requirements of
30  s. 163.3184(15)(c) for such plan amendments if the local
31  government complies with the provisions in s. 125.66(4)(a) for
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                                       CS/HB 1535, First Engrossed
  1  a county or in s. 166.041(3)(c) for a municipality. If a
  2  request for a plan amendment under this paragraph is initiated
  3  by other than the local government, public notice is required.
  4         b.  The local government shall send copies of the
  5  notice and amendment to the state land planning agency, the
  6  regional planning council, and any other person or entity
  7  requesting a copy. This information shall also include a
  8  statement identifying any property subject to the amendment
  9  that is located within a coastal high hazard area as
10  identified in the local comprehensive plan.
11         3.  Small scale development amendments adopted pursuant
12  to this paragraph require only one public hearing before the
13  governing board, which shall be an adoption hearing as
14  described in s. 163.3184(7), and are not subject to the
15  requirements of s. 163.3184(3)-(6) unless the local government
16  elects to have them subject to those requirements.
17         (i)  A comprehensive plan amendment for the purpose of
18  designating an urban infill and redevelopment area under s.
19  163.2517 or a Rural Heritage Area or Rural Activity Center
20  under the Florida Rural Heritage and Economic Stimulus Act may
21  be approved without regard to the statutory limits on the
22  frequency of amendments to the comprehensive plan.
23         (k)  A local comprehensive plan amendment directly
24  related to providing transportation improvements to enhance
25  life safety on Controlled Access Major Arterial Highways
26  identified in the Florida Intrastate Highway System, in
27  counties as defined in s. 125.011, where such roadways have a
28  high incidence of traffic accidents resulting in serious
29  injury or death. Any such amendment shall not include any
30  amendment modifying the designation on a comprehensive
31  development plan land use map nor any amendment modifying the
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                                       CS/HB 1535, First Engrossed
  1  allowable densities or intensities of any land. An amendment
  2  proposed pursuant to this paragraph shall be subject to the
  3  review process for small scale amendments described in
  4  paragraph (c).
  5         Section 10.  Subsection (11) of section 163.01, Florida
  6  Statutes, is amended to read:
  7         163.01  Florida Interlocal Cooperation Act of 1969.--
  8         (11)  Prior to its effectiveness, an interlocal
  9  agreement and subsequent amendments thereto shall be filed
10  with the clerk of the circuit court of each county where a
11  party to the agreement is located. If the parties to the
12  agreement are located in more than one county and the
13  agreement, pursuant to subsection (7), provides for a separate
14  legal or administrative entity to administer the agreement,
15  the interlocal agreement and any amendments thereto may be
16  filed with the clerk of the circuit court in the county where
17  the administrative entity maintains its principal place of
18  business and a memorandum evidencing the filing may be filed
19  with the clerks of the circuit courts in the counties where
20  all other parties to the agreement are located.
21         Section 11.  Paragraphs (a) and (h) of subsection (6)
22  of section 163.3177, Florida Statutes, are amended to read:
23         163.3177  Required and optional elements of
24  comprehensive plan; studies and surveys.--
25         (6)  In addition to the requirements of subsections
26  (1)-(5), the comprehensive plan shall include the following
27  elements:
28         (a)  A future land use plan element designating
29  proposed future general distribution, location, and extent of
30  the uses of land for residential uses, commercial uses,
31  industry, agriculture, recreation, conservation, education,
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                                       CS/HB 1535, First Engrossed
  1  public buildings and grounds, other public facilities, and
  2  other categories of the public and private uses of land. Each
  3  future land use category must be defined in terms of uses
  4  included and must include standards to be followed in the
  5  control and distribution of population densities and building
  6  and structure intensities. The future land use plan shall
  7  include standards to be followed in the control and
  8  distribution of population densities and building and
  9  structure intensities.  The proposed distribution, location,
10  and extent of the various categories of land use shall be
11  shown on a land use map or map series which shall be
12  supplemented by goals, policies, and measurable objectives.
13  Each land use category shall be defined in terms of the types
14  of uses included and specific standards for the density or
15  intensity of use.  The future land use plan shall be based
16  upon surveys, studies, and data regarding the area, including
17  the amount of land required to accommodate anticipated growth;
18  the projected population of the area; the character of
19  undeveloped land; the availability of public services; the
20  need for redevelopment, including the renewal of blighted
21  areas and the elimination of nonconforming uses which are
22  inconsistent with the character of the community; and, in
23  rural communities, the need for job creation, capital
24  investment, and economic development that will strengthen and
25  diversify the community's economy. The future land use plan
26  may designate areas for future planned development use
27  involving combinations of types of uses for which special
28  regulations may be necessary to ensure development in accord
29  with the principles and standards of the comprehensive plan
30  and this act. In addition, for rural communities, the amount
31  of land designated for future planned industrial use shall be
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                                       CS/HB 1535, First Engrossed
  1  based upon surveys and studies that reflect the need for job
  2  creation, capital investment, and the necessity to strengthen
  3  and diversify the local economies, and shall not be limited
  4  solely by the projected population of the rural community. The
  5  future land use plan of a county may also designate areas for
  6  possible future municipal incorporation. The land use maps or
  7  map series shall generally identify and depict historic
  8  district boundaries and shall designate historically
  9  significant properties meriting protection.  The future land
10  use element must clearly identify the land use categories in
11  which public schools are an allowable use.  When delineating
12  the land use categories in which public schools are an
13  allowable use, a local government shall include in the
14  categories sufficient land proximate to residential
15  development to meet the projected needs for schools in
16  coordination with public school boards and may establish
17  differing criteria for schools of different type or size.
18  Each local government shall include lands contiguous to
19  existing school sites, to the maximum extent possible, within
20  the land use categories in which public schools are an
21  allowable use. All comprehensive plans must comply with the
22  school siting requirements of this paragraph no later than
23  October 1, 1999. The failure by a local government to comply
24  with these school siting requirements by October 1, 1999, will
25  result in the prohibition of the local government's ability to
26  amend the local comprehensive plan, except for plan amendments
27  described in s. 163.3187(1)(b), until the school siting
28  requirements are met. An amendment proposed by a local
29  government for purposes of identifying the land use categories
30  in which public schools are an allowable use is exempt from
31  the limitation on the frequency of plan amendments contained
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                                       CS/HB 1535, First Engrossed
  1  in s. 163.3187. The future land use element shall include
  2  criteria which encourage the location of schools proximate to
  3  urban residential areas to the extent possible and shall
  4  require that the local government seek to collocate public
  5  facilities, such as parks, libraries, and community centers,
  6  with schools to the extent possible. For schools serving
  7  predominantly rural counties, defined as a county with a
  8  population of 100,000 or fewer, an agricultural land use
  9  category shall be eligible for the location of public school
10  facilities if the local comprehensive plan contains school
11  siting criteria and the location is consistent with such
12  criteria.
13         (h)1.  An intergovernmental coordination element
14  showing relationships and stating principles and guidelines to
15  be used in the accomplishment of coordination of the adopted
16  comprehensive plan with the plans of school boards and other
17  units of local government providing services but not having
18  regulatory authority over the use of land, with the
19  comprehensive plans of adjacent municipalities, the county,
20  adjacent counties, or the region, and with the state
21  comprehensive plan, as the case may require and as such
22  adopted plans or plans in preparation may exist.  This element
23  of the local comprehensive plan shall demonstrate
24  consideration of the particular effects of the local plan,
25  when adopted, upon the development of adjacent municipalities,
26  the county, adjacent counties, or the region, or upon the
27  state comprehensive plan, as the case may require.
28         a.  The intergovernmental coordination element shall
29  provide for procedures to identify and implement joint
30  planning areas, especially for the purpose of annexation,
31
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                                       CS/HB 1535, First Engrossed
  1  municipal incorporation, and joint infrastructure service
  2  areas.
  3         b.  The intergovernmental coordination element shall
  4  provide for recognition of campus master plans prepared
  5  pursuant to s. 240.155.
  6         c.  The intergovernmental coordination element may
  7  provide for a voluntary dispute resolution process as
  8  established pursuant to s. 186.509 for bringing to closure in
  9  a timely manner intergovernmental disputes.  A local
10  government may develop and use an alternative local dispute
11  resolution process for this purpose.
12         2.  The intergovernmental coordination element shall
13  further state principles and guidelines to be used in the
14  accomplishment of coordination of the adopted comprehensive
15  plan with the plans of school boards and other units of local
16  government providing facilities and services but not having
17  regulatory authority over the use of land.  In addition, the
18  intergovernmental coordination element shall describe joint
19  processes for collaborative planning and decisionmaking on
20  population projections and public school siting, the location
21  and extension of public facilities subject to concurrency, and
22  siting facilities with countywide significance, including
23  locally unwanted land uses whose nature and identity are
24  established in an agreement. Within 1 year of adopting their
25  intergovernmental coordination elements, each county, all the
26  municipalities within that county, the district school board,
27  and any unit of local government service providers in that
28  county shall establish by interlocal or other formal agreement
29  executed by all affected entities, the joint processes
30  described in this subparagraph consistent with their adopted
31  intergovernmental coordination elements.
                                  18
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                                       CS/HB 1535, First Engrossed
  1         3.  To foster coordination between special districts
  2  and local general-purpose governments as local general-purpose
  3  governments implement local comprehensive plans, each
  4  independent special district must submit a public facilities
  5  report to the appropriate local government as required by s.
  6  189.415.
  7         4.  The state land planning agency shall establish a
  8  schedule for phased completion and transmittal of plan
  9  amendments to implement subparagraphs 1., 2., and 3. from all
10  jurisdictions so as to accomplish their adoption by December
11  31, 1999.  A local government may complete and transmit its
12  plan amendments to carry out these provisions prior to the
13  scheduled date established by the state land planning agency.
14  The plan amendments are exempt from the provisions of s.
15  163.3187(1).
16         5.  By January 1, 2004, any county having a population
17  greater than 100,000, and the municipalities and special
18  districts within that county, shall submit a report to the
19  Department of Community Affairs that:
20         a.  Identifies all existing or proposed interlocal
21  service delivery agreements regarding the following:
22  education, sanitary sewer, public safety, solid waste,
23  drainage, potable water, parks and recreation, and
24  transportation facilities.
25         b.  Identifies any deficits or duplication in the
26  provision of services within its jurisdiction, whether capital
27  or operational. Upon request, the Department of Community
28  Affairs shall provide technical assistance to the local
29  governments in identifying deficits or duplication.
30         6.  Within 6 months after submission of the report, the
31  Department of Community Affairs shall, through the appropriate
                                  19
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                                       CS/HB 1535, First Engrossed
  1  regional planning council, coordinate a meeting of all local
  2  governments within the regional planning area to discuss the
  3  reports and potential strategies to remedy any identified
  4  deficiencies or duplications.
  5         7.  Each local government shall update its
  6  intergovernmental coordination element based upon the findings
  7  in the report submitted pursuant to subparagraph 5. The report
  8  may be used as supporting data and analysis for the
  9  intergovernmental coordination element.
10         8.  By February 1, 2003, representatives of special
11  districts, municipalities, and counties shall provide to the
12  Legislature recommended statutory changes for annexation,
13  including any changes that address the delivery of local
14  government services in areas planned for annexation.
15         Section 12.  Paragraph (c) is added to subsection (4)
16  of section 163.3180, Florida Statutes, to read:
17         163.3180  Concurrency.--
18         (4)
19         (c)  The concurrency requirement, except as it relates
20  to transportation facilities, as implemented in local
21  government comprehensive plans may be waived by a local
22  government for urban infill and redevelopment areas designated
23  pursuant to s. 163.2517 if such a waiver does not endanger
24  public health or safety as defined by the local government in
25  its local government comprehensive plan.  The waiver shall be
26  adopted as a plan amendment pursuant to the process set forth
27  in s. 163.3187(3)(a).  A local government may grant a
28  concurrency exception pursuant to subsection (5) for
29  transportation facilities located within these urban infill
30  and redevelopment areas.
31
                                  20
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                                       CS/HB 1535, First Engrossed
  1         Section 13.  Paragraph (a) of subsection (1),
  2  subsections (3), (4), (6), (7), (8), and (15), and paragraph
  3  (d) of subsection (16) of section 163.3184, Florida Statutes,
  4  are amended to read:
  5         163.3184  Process for adoption of comprehensive plan or
  6  plan amendment.--
  7         (1)  DEFINITIONS.--As used in this section:
  8         (a)  "Affected person" includes the affected local
  9  government; persons owning property, residing, or owning or
10  operating a business within the boundaries of the local
11  government whose plan is the subject of the review; owners of
12  real property abutting real property that is the subject of a
13  proposed change to a future land use map; and adjoining local
14  governments that can demonstrate that the plan or plan
15  amendment will produce substantial impacts on the increased
16  need for publicly funded infrastructure or substantial impacts
17  on areas designated for protection or special treatment within
18  their jurisdiction. Each person, other than an adjoining local
19  government, in order to qualify under this definition, shall
20  also have submitted oral or written comments, recommendations,
21  or objections to the local government during the period of
22  time beginning with the transmittal hearing for the plan or
23  plan amendment and ending with the adoption of the plan or
24  plan amendment.
25         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
26  AMENDMENT.--
27         (a)  Each local governing body shall transmit the
28  complete proposed comprehensive plan or plan amendment to the
29  state land planning agency, the appropriate regional planning
30  council and water management district, the Department of
31  Environmental Protection, the Department of State, and the
                                  21
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                                       CS/HB 1535, First Engrossed
  1  Department of Transportation and, in the case of municipal
  2  plans, to the appropriate county and, in the case of county
  3  plans, to the Fish and Wildlife Conservation Commission and
  4  the Department of Agriculture and Consumer Services
  5  immediately following a public hearing pursuant to subsection
  6  (15) as specified in the state land planning agency's
  7  procedural rules. The local governing body shall also transmit
  8  a copy of the complete proposed comprehensive plan or plan
  9  amendment to any other unit of local government or government
10  agency in the state that has filed a written request with the
11  governing body for the plan or plan amendment. The local
12  government may request a review by the state land planning
13  agency pursuant to subsection (6) at the time of the
14  transmittal of an amendment.
15         (b)  A local governing body shall not transmit portions
16  of a plan or plan amendment unless it has previously provided
17  to all state agencies designated by the state land planning
18  agency a complete copy of its adopted comprehensive plan
19  pursuant to subsection (7) and as specified in the agency's
20  procedural rules. In the case of comprehensive plan
21  amendments, the local governing body shall transmit to the
22  state land planning agency, the appropriate regional planning
23  council and water management district, the Department of
24  Environmental Protection, the Department of State, and the
25  Department of Transportation and, in the case of municipal
26  plans, to the appropriate county and, in the case of county
27  plans, to the Fish and Wildlife Conservation Commission and
28  the Department of Agriculture and Consumer Services the
29  materials specified in the state land planning agency's
30  procedural rules and, in cases in which the plan amendment is
31  a result of an evaluation and appraisal report adopted
                                  22
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                                       CS/HB 1535, First Engrossed
  1  pursuant to s. 163.3191, a copy of the evaluation and
  2  appraisal report. Local governing bodies shall consolidate all
  3  proposed plan amendments into a single submission for each of
  4  the two plan amendment adoption dates during the calendar year
  5  pursuant to s. 163.3187.
  6         (c)  A local government may adopt a proposed plan
  7  amendment previously transmitted pursuant to this subsection,
  8  unless review is requested or otherwise initiated pursuant to
  9  subsection (6).
10         (d)  In cases in which a local government transmits
11  multiple individual amendments that can be clearly and legally
12  separated and distinguished for the purpose of determining
13  whether to review the proposed amendment, and the state land
14  planning agency elects to review several or a portion of the
15  amendments and the local government chooses to immediately
16  adopt the remaining amendments not reviewed, the amendments
17  immediately adopted and any reviewed amendments that the local
18  government subsequently adopts together constitute one
19  amendment cycle in accordance with s. 163.3187(1).
20         (4)  INTERGOVERNMENTAL REVIEW.--The If review of a
21  proposed comprehensive plan amendment is requested or
22  otherwise initiated pursuant to subsection (6), the state land
23  planning agency within 5 working days of determining that such
24  a review will be conducted shall transmit a copy of the
25  proposed plan amendment to various government agencies, as
26  appropriate, for response or comment, including, but not
27  limited to, the Department of Environmental Protection, the
28  Department of Transportation, the water management district,
29  and the regional planning council, and, in the case of
30  municipal plans, to the county land planning agency. These
31  governmental agencies specified in paragraph (3)(a) shall
                                  23
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                                       CS/HB 1535, First Engrossed
  1  provide comments to the state land planning agency within 30
  2  days after receipt by the state land planning agency of the
  3  complete proposed plan amendment. The appropriate regional
  4  planning council shall also provide its written comments to
  5  the state land planning agency within 30 days after receipt by
  6  the state land planning agency of the complete proposed plan
  7  amendment and shall specify any objections, recommendations
  8  for modifications, and comments of any other regional agencies
  9  to which the regional planning council may have referred the
10  proposed plan amendment. Written comments submitted by the
11  public within 30 days after notice of transmittal by the local
12  government of the proposed plan amendment will be considered
13  as if submitted by governmental agencies. All written agency
14  and public comments must be made part of the file maintained
15  under subsection (2).
16         (6)  STATE LAND PLANNING AGENCY REVIEW.--
17         (a)  The state land planning agency shall review a
18  proposed plan amendment upon request of a regional planning
19  council, affected person, or local government transmitting the
20  plan amendment. The request from the regional planning council
21  or affected person must be if the request is received within
22  30 days after transmittal of the proposed plan amendment
23  pursuant to subsection (3).  The agency shall issue a report
24  of its objections, recommendations, and comments regarding the
25  proposed plan amendment.  A regional planning council or
26  affected person requesting a review shall do so by submitting
27  a written request to the agency with a notice of the request
28  to the local government and any other person who has requested
29  notice.
30         (b)  The state land planning agency may review any
31  proposed plan amendment regardless of whether a request for
                                  24
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                                       CS/HB 1535, First Engrossed
  1  review has been made, if the agency gives notice to the local
  2  government, and any other person who has requested notice, of
  3  its intention to conduct such a review within 35 30 days after
  4  receipt of transmittal of the complete proposed plan amendment
  5  pursuant to subsection (3).
  6         (c)  The state land planning agency shall establish by
  7  rule a schedule for receipt of comments from the various
  8  government agencies, as well as written public comments,
  9  pursuant to subsection (4). If the state land planning agency
10  elects to review the amendment or the agency is required to
11  review the amendment as specified in paragraph (a), the agency
12  shall issue a report giving its objections, recommendations,
13  and comments regarding the proposed amendment within 60 days
14  after receipt of the complete proposed amendment by the state
15  land planning agency. The state land planning agency shall
16  have 30 days to review comments from the various government
17  agencies along with a local government's comprehensive plan or
18  plan amendment. During that period, the state land planning
19  agency shall transmit in writing its comments to the local
20  government along with any objections and any recommendations
21  for modifications.  When a federal, state, or regional agency
22  has implemented a permitting program, the state land planning
23  agency shall not require a local government to duplicate or
24  exceed that permitting program in its comprehensive plan or to
25  implement such a permitting program in its land development
26  regulations.  Nothing contained herein shall prohibit the
27  state land planning agency in conducting its review of local
28  plans or plan amendments from making objections,
29  recommendations, and comments or making compliance
30  determinations regarding densities and intensities consistent
31  with the provisions of this part. In preparing its comments,
                                  25
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                                       CS/HB 1535, First Engrossed
  1  the state land planning agency shall only base its
  2  considerations on written, and not oral, comments, from any
  3  source.
  4         (d)  The state land planning agency review shall
  5  identify all written communications with the agency regarding
  6  the proposed plan amendment. If the state land planning agency
  7  does not issue such a review, it shall identify in writing to
  8  the local government all written communications received 30
  9  days after transmittal. The written identification must
10  include a list of all documents received or generated by the
11  agency, which list must be of sufficient specificity to enable
12  the documents to be identified and copies requested, if
13  desired, and the name of the person to be contacted to request
14  copies of any identified document. The list of documents must
15  be made a part of the public records of the state land
16  planning agency.
17         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
18  PLAN OR AMENDMENTS AND TRANSMITTAL.--
19         (a)  The local government shall review the written
20  comments submitted to it by the state land planning agency,
21  and any other person, agency, or government.  Any comments,
22  recommendations, or objections and any reply to them shall be
23  public documents, a part of the permanent record in the
24  matter, and admissible in any proceeding in which the
25  comprehensive plan or plan amendment may be at issue.  The
26  local government, upon receipt of written comments from the
27  state land planning agency, shall have 120 days to adopt or
28  adopt with changes the proposed comprehensive plan or s.
29  163.3191 plan amendments.  In the case of comprehensive plan
30  amendments other than those proposed pursuant to s. 163.3191,
31  the local government shall have 60 days to adopt the
                                  26
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                                       CS/HB 1535, First Engrossed
  1  amendment, adopt the amendment with changes, or determine that
  2  it will not adopt the amendment. The adoption of the proposed
  3  plan or plan amendment or the determination not to adopt a
  4  plan amendment, other than a plan amendment proposed pursuant
  5  to s. 163.3191, shall be made in the course of a public
  6  hearing pursuant to subsection (15).  The local government
  7  shall transmit the complete adopted comprehensive plan or
  8  adopted plan amendment, including the names and addresses of
  9  persons compiled pursuant to paragraph (15)(c), to the state
10  land planning agency as specified in the agency's procedural
11  rules within 10 working days after adoption.  The local
12  governing body shall also transmit a copy of the adopted
13  comprehensive plan or plan amendment to the regional planning
14  agency and to any other unit of local government or
15  governmental agency in the state that has filed a written
16  request with the governing body for a copy of the plan or plan
17  amendment.
18         (b)  If the adopted plan amendment is unchanged from
19  the proposed plan amendment transmitted pursuant to subsection
20  (3) and an affected person as defined in paragraph (1)(a) did
21  not raise any objection, the state land planning agency did
22  not review the proposed plan amendment, and the state land
23  planning agency did not raise any objections during its review
24  pursuant to subsection (6), the local government may state in
25  the transmittal letter that the plan amendment is unchanged
26  and was not the subject of objections.
27         (8)  NOTICE OF INTENT.--
28         (a)  If the transmittal letter correctly states that
29  the plan amendment is unchanged and was not the subject of
30  review or objections pursuant to paragraph (7)(b), the state
31  land planning agency has 20 days after receipt of the
                                  27
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                                       CS/HB 1535, First Engrossed
  1  transmittal letter within which to issue a notice of intent
  2  that the plan amendment is in compliance.
  3         (b)(a)  Except as provided in paragraph (a) or in s.
  4  163.3187(3), the state land planning agency, upon receipt of a
  5  local government's complete adopted comprehensive plan or plan
  6  amendment, shall have 45 days for review and to determine if
  7  the plan or plan amendment is in compliance with this act,
  8  unless the amendment is the result of a compliance agreement
  9  entered into under subsection (16), in which case the time
10  period for review and determination shall be 30 days.  If
11  review was not conducted under subsection (6), the agency's
12  determination must be based upon the plan amendment as
13  adopted.  If review was conducted under subsection (6), the
14  agency's determination of compliance must be based only upon
15  one or both of the following:
16         1.  The state land planning agency's written comments
17  to the local government pursuant to subsection (6); or
18         2.  Any changes made by the local government to the
19  comprehensive plan or plan amendment as adopted.
20         (c)(b)1.  During the time period provided for in this
21  subsection, the state land planning agency shall issue,
22  through a senior administrator or the secretary, as specified
23  in the agency's procedural rules, a notice of intent to find
24  that the plan or plan amendment is in compliance or not in
25  compliance. A notice of intent shall be issued by publication
26  in the manner provided by this paragraph and by mailing a copy
27  to the local government and to persons who request notice.
28  The required advertisement shall be no less than 2 columns
29  wide by 10 inches long, and the headline in the advertisement
30  shall be in a type no smaller than 12 point. The advertisement
31  shall not be placed in that portion of the newspaper where
                                  28
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                                       CS/HB 1535, First Engrossed
  1  legal notices and classified advertisements appear.  The
  2  advertisement shall be published in a newspaper which meets
  3  the size and circulation requirements set forth in paragraph
  4  (15)(c) and which has been designated in writing by the
  5  affected local government at the time of transmittal of the
  6  amendment. Publication by the state land planning agency of a
  7  notice of intent in the newspaper designated by the local
  8  government shall be prima facie evidence of compliance with
  9  the publication requirements of this section.
10         2.  For fiscal year 2001-2002 only, the provisions of
11  this subparagraph shall supersede the provisions of
12  subparagraph 1. During the time period provided for in this
13  subsection, the state land planning agency shall issue,
14  through a senior administrator or the secretary, as specified
15  in the agency's procedural rules, a notice of intent to find
16  that the plan or plan amendment is in compliance or not in
17  compliance. A notice of intent shall be issued by publication
18  in the manner provided by this paragraph and by mailing a copy
19  to the local government. The advertisement shall be placed in
20  that portion of the newspaper where legal notices appear. The
21  advertisement shall be published in a newspaper that meets the
22  size and circulation requirements set forth in paragraph
23  (15)(e)(c) and that has been designated in writing by the
24  affected local government at the time of transmittal of the
25  amendment. Publication by the state land planning agency of a
26  notice of intent in the newspaper designated by the local
27  government shall be prima facie evidence of compliance with
28  the publication requirements of this section. The state land
29  planning agency shall post a copy of the notice of intent on
30  the agency's Internet site. The agency shall, no later than
31  the date the notice of intent is transmitted to the newspaper,
                                  29
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                                       CS/HB 1535, First Engrossed
  1  send by regular mail a courtesy informational statement to
  2  persons who provide their names and addresses to the local
  3  government at the transmittal hearing or at the adoption
  4  hearing where the local government has provided the names and
  5  addresses of such persons to the department at the time of
  6  transmittal of the adopted amendment. The informational
  7  statements shall include the name of the newspaper in which
  8  the notice of intent will appear, the approximate date of
  9  publication, the ordinance number of the plan or plan
10  amendment, and a statement that affected persons have 21 days
11  after the actual date of publication of the notice to file a
12  petition. This subparagraph expires July 1, 2002.
13         2.  A local government that has an Internet site shall
14  post a copy of the state land planning agency's notice of
15  intent on the site within 5 days after receipt of the mailed
16  copy of the agency's notice of intent.
17         (15)  PUBLIC HEARINGS.--
18         (a)  The procedure for transmittal of a complete
19  proposed comprehensive plan or plan amendment pursuant to
20  subsection (3) and for adoption of a comprehensive plan or
21  plan amendment pursuant to subsection (7) shall be by
22  affirmative vote of not less than a majority of the members of
23  the governing body present at the hearing.  The adoption of a
24  comprehensive plan or plan amendment shall be by ordinance.
25  For the purposes of transmitting or adopting a comprehensive
26  plan or plan amendment, the notice requirements in chapters
27  125 and 166 are superseded by this subsection, except as
28  provided in this part.
29         (b)  The local governing body shall hold at least two
30  advertised public hearings on the proposed comprehensive plan
31  or plan amendment as follows:
                                  30
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                                       CS/HB 1535, First Engrossed
  1         1.  The first public hearing shall be held at the
  2  transmittal stage pursuant to subsection (3).  It shall be
  3  held on a weekday at least 7 days after the day that the first
  4  advertisement is published.
  5         2.  The second public hearing shall be held at the
  6  adoption stage pursuant to subsection (7).  It shall be held
  7  on a weekday at least 5 days after the day that the second
  8  advertisement is published.
  9         (c)  The local government shall provide a sign-in form
10  at the transmittal hearing and at the adoption hearing for
11  persons to provide their names and mailing addresses. The
12  sign-in form shall advise that any person providing the
13  requested information will receive a courtesy informational
14  statement concerning publications of the state land planning
15  agency's notice of intent. The local government shall add to
16  the sign-in form the name and address of any person who
17  submits written comments concerning the proposed plan or plan
18  amendment during the time period between the commencement of
19  the transmittal hearing and the end of the adoption hearing.
20  It is the responsibility of the person completing the form or
21  providing written comments to accurately, completely, and
22  legibly provide all information needed in order to receive the
23  courtesy informational statement.
24         (d)  The agency shall provide a model sign-in form for
25  providing the list to the agency that may be used by the local
26  government to satisfy the requirements of this subsection.
27         (e)(c)  If the proposed comprehensive plan or plan
28  amendment changes the actual list of permitted, conditional,
29  or prohibited uses within a future land use category or
30  changes the actual future land use map designation of a parcel
31  or parcels of land, the required advertisements shall be in
                                  31
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                                       CS/HB 1535, First Engrossed
  1  the format prescribed by s. 125.66(4)(b)2. for a county or by
  2  s. 166.041(3)(c)2.b. for a municipality.
  3         (16)  COMPLIANCE AGREEMENTS.--
  4         (d)  A local government may adopt a plan amendment
  5  pursuant to a compliance agreement in accordance with the
  6  requirements of paragraph (15)(a). The plan amendment shall be
  7  exempt from the requirements of subsections (2)-(7).  The
  8  local government shall hold a single adoption public hearing
  9  pursuant to the requirements of subparagraph (15)(b)2. and
10  paragraph (15)(e)(c). Within 10 working days after adoption of
11  a plan amendment, the local government shall transmit the
12  amendment to the state land planning agency as specified in
13  the agency's procedural rules, and shall submit one copy to
14  the regional planning agency and to any other unit of local
15  government or government agency in the state that has filed a
16  written request with the governing body for a copy of the plan
17  amendment, and one copy to any party to the proceeding under
18  ss. 120.569 and 120.57 granted intervenor status.
19         Section 14.  Subsection (3) of section 380.04, Florida
20  Statutes, is amended to read:
21         380.04  Definition of development.--
22         (3)  The following operations or uses shall not be
23  taken for the purpose of this chapter to involve "development"
24  as defined in this section:
25         (a)  Work by a highway or road agency or railroad
26  company for the maintenance or improvement of a road or
27  railroad track, if the work is carried out on land within the
28  boundaries of the right-of-way or any work or construction
29  within the boundaries of the right-of-way on the federal
30  interstate highway system.
31
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                                       CS/HB 1535, First Engrossed
  1         (b)  Work by any utility and other persons engaged in
  2  the distribution or transmission of electricity, gas, or
  3  water, for the purpose of inspecting, repairing, renewing, or
  4  constructing on established rights-of-way any sewers, mains,
  5  pipes, cables, utility tunnels, power lines, towers, poles,
  6  tracks, or the like.
  7         (c)  Work for the maintenance, renewal, improvement, or
  8  alteration of any structure, if the work affects only the
  9  interior or the color of the structure or the decoration of
10  the exterior of the structure.
11         (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         (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         (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         (g)  A change in the ownership or form of ownership of
22  any parcel or structure.
23         (h)  The creation or termination of rights of access,
24  riparian rights, easements, covenants concerning development
25  of land, or other rights in land.
26         Section 15.  Paragraph (d) of subsection (2), paragraph
27  (b) of subsection (4), paragraph (a) of subsection (8),
28  subsection (12), paragraph (c) of subsection (15), subsection
29  (18), paragraphs (b), (c), (e), and (f) of subsection (19),
30  and paragraph (n) of subsection (25) of section 380.06,
31
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                                       CS/HB 1535, First Engrossed
  1  Florida Statutes, are amended, and paragraphs (i), (j), and
  2  (k) are added to subsection (24) of said section, to read:
  3         380.06  Developments of regional impact.--
  4         (2)  STATEWIDE GUIDELINES AND STANDARDS.--
  5         (d)  The guidelines and standards shall be applied as
  6  follows:
  7         1.  Fixed thresholds.--
  8         a.  A development that is at or below 100 80 percent of
  9  all numerical thresholds in the guidelines and standards shall
10  not be required to undergo development-of-regional-impact
11  review.
12         b.  A development that is at or above 120 percent of
13  any numerical threshold shall be required to undergo
14  development-of-regional-impact review.
15         c.  Projects certified under s. 403.973 which create at
16  least 100 jobs and meet the criteria of the Office of Tourism,
17  Trade, and Economic Development as to their impact on an
18  area's economy, employment, and prevailing wage and skill
19  levels that are at or below 100 percent of the numerical
20  thresholds for industrial plants, industrial parks,
21  distribution, warehousing or wholesaling facilities, office
22  development or multiuse projects other than residential, as
23  described in s. 380.0651(3)(c), (d), and (i), are not required
24  to undergo development-of-regional-impact review.
25         2.  Rebuttable presumption presumptions.--
26         a.  It shall be presumed that a development that is
27  between 80 and 100 percent of a numerical threshold shall not
28  be required to undergo development-of-regional-impact review.
29         b.  It shall be presumed that a development that is at
30  100 percent or between 100 and 120 percent of a numerical
31
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                                       CS/HB 1535, First Engrossed
  1  threshold shall be required to undergo
  2  development-of-regional-impact review.
  3         (4)  BINDING LETTER.--
  4         (b)  Unless a developer waives the requirements of this
  5  paragraph by agreeing to undergo
  6  development-of-regional-impact review pursuant to this
  7  section, the state land planning agency or local government
  8  with jurisdiction over the land on which a development is
  9  proposed may require a developer to obtain a binding letter
10  if:
11         1.  the development is at a presumptive numerical
12  threshold or up to 20 percent above a numerical threshold in
13  the guidelines and standards.; or
14         2.  The development is between a presumptive numerical
15  threshold and 20 percent below the numerical threshold and the
16  local government or the state land planning agency is in doubt
17  as to whether the character or magnitude of the development at
18  the proposed location creates a likelihood that the
19  development will have a substantial effect on the health,
20  safety, or welfare of citizens of more than one county.
21         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--
22         (a)  A developer may enter into a written preliminary
23  development agreement with the state land planning agency to
24  allow a developer to proceed with a limited amount of the
25  total proposed development, subject to all other governmental
26  approvals and solely at the developer's own risk, prior to
27  issuance of a final development order.  All owners of the land
28  in the total proposed development shall join the developer as
29  parties to the agreement. Each agreement shall include and be
30  subject to the following conditions:
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                                       CS/HB 1535, First Engrossed
  1         1.  The developer shall comply with the preapplication
  2  conference requirements pursuant to subsection (7) within 45
  3  days after the execution of the agreement.
  4         2.  The developer shall file an application for
  5  development approval for the total proposed development within
  6  3 months after execution of the agreement, unless the state
  7  land planning agency agrees to a different time for good cause
  8  shown. Failure to timely file an application and to otherwise
  9  diligently proceed in good faith to obtain a final development
10  order shall constitute a breach of the preliminary development
11  agreement.
12         3.  The agreement shall include maps and legal
13  descriptions of both the preliminary development area and the
14  total proposed development area and shall specifically
15  describe the preliminary development in terms of magnitude and
16  location.  The area approved for preliminary development must
17  be included in the application for development approval and
18  shall be subject to the terms and conditions of the final
19  development order.
20         4.  The preliminary development shall be limited to
21  lands that the state land planning agency agrees are suitable
22  for development and shall only be allowed in areas where
23  adequate public infrastructure exists to accommodate the
24  preliminary development, when such development will utilize
25  public infrastructure.  The developer must also demonstrate
26  that the preliminary development will not result in material
27  adverse impacts to existing resources or existing or planned
28  facilities.
29         5.  The preliminary development agreement may allow
30  development which is:
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                                       CS/HB 1535, First Engrossed
  1         a.  Less than 100 or equal to 80 percent of any
  2  applicable threshold if the developer demonstrates that such
  3  development is consistent with subparagraph 4.; or
  4         b.  Less than 120 percent of any applicable threshold
  5  if the developer demonstrates that such development is part of
  6  a proposed downtown development of regional impact specified
  7  in subsection (22) or part of any areawide development of
  8  regional impact specified in subsection (25) and that the
  9  development is consistent with subparagraph 4.
10         6.  The developer and owners of the land may not claim
11  vested rights, or assert equitable estoppel, arising from the
12  agreement or any expenditures or actions taken in reliance on
13  the agreement to continue with the total proposed development
14  beyond the preliminary development. The agreement shall not
15  entitle the developer to a final development order approving
16  the total proposed development or to particular conditions in
17  a final development order.
18         7.  The agreement shall not prohibit the regional
19  planning agency from reviewing or commenting on any regional
20  issue that the regional agency determines should be included
21  in the regional agency's report on the application for
22  development approval.
23         8.  The agreement shall include a disclosure by the
24  developer and all the owners of the land in the total proposed
25  development of all land or development within 5 miles of the
26  total proposed development in which they have an interest and
27  shall describe such interest.
28         9.  In the event of a breach of the agreement or
29  failure to comply with any condition of the agreement, or if
30  the agreement was based on materially inaccurate information,
31  the state land planning agency may terminate the agreement or
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                                       CS/HB 1535, First Engrossed
  1  file suit to enforce the agreement as provided in this section
  2  and s. 380.11, including a suit to enjoin all development.
  3         10.  A notice of the preliminary development agreement
  4  shall be recorded by the developer in accordance with s.
  5  28.222 with the clerk of the circuit court for each county in
  6  which land covered by the terms of the agreement is located.
  7  The notice shall include a legal description of the land
  8  covered by the agreement and shall state the parties to the
  9  agreement, the date of adoption of the agreement and any
10  subsequent amendments, the location where the agreement may be
11  examined, and that the agreement constitutes a land
12  development regulation applicable to portions of the land
13  covered by the agreement.  The provisions of the agreement
14  shall inure to the benefit of and be binding upon successors
15  and assigns of the parties in the agreement.
16         11.  Except for those agreements which authorize
17  preliminary development for substantial deviations pursuant to
18  subsection (19), a developer who no longer wishes to pursue a
19  development of regional impact may propose to abandon any
20  preliminary development agreement executed after January 1,
21  1985, including those pursuant to s. 380.032(3), provided at
22  the time of abandonment:
23         a.  A final development order under this section has
24  been rendered that approves all of the development actually
25  constructed; or
26         b.  The amount of development is less than 100 80
27  percent of all numerical thresholds of the guidelines and
28  standards, and the state land planning agency determines in
29  writing that the development to date is in compliance with all
30  applicable local regulations and the terms and conditions of
31
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                                       CS/HB 1535, First Engrossed
  1  the preliminary development agreement and otherwise adequately
  2  mitigates for the impacts of the development to date.
  3
  4  In either event, when a developer proposes to abandon said
  5  agreement, the developer shall give written notice and state
  6  that he or she is no longer proposing a development of
  7  regional impact and provide adequate documentation that he or
  8  she has met the criteria for abandonment of the agreement to
  9  the state land planning agency.  Within 30 days of receipt of
10  adequate documentation of such notice, the state land planning
11  agency shall make its determination as to whether or not the
12  developer meets the criteria for abandonment.  Once the state
13  land planning agency determines that the developer meets the
14  criteria for abandonment, the state land planning agency shall
15  issue a notice of abandonment which shall be recorded by the
16  developer in accordance with s. 28.222 with the clerk of the
17  circuit court for each county in which land covered by the
18  terms of the agreement is located.
19         (12)  REGIONAL REPORTS.--
20         (a)  Within 50 days after receipt of the notice of
21  public hearing required in paragraph (11)(c), the regional
22  planning agency, if one has been designated for the area
23  including the local government, shall prepare and submit to
24  the local government a report and recommendations on the
25  regional impact of the proposed development.  In preparing its
26  report and recommendations, the regional planning agency shall
27  identify regional issues based upon the following review
28  criteria and make recommendations to the local government on
29  these regional issues, specifically considering whether, and
30  the extent to which:
31
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                                       CS/HB 1535, First Engrossed
  1         1.  The development will have a favorable or
  2  unfavorable impact on state or regional resources or
  3  facilities identified in the applicable state or regional
  4  plans.  For the purposes of this subsection, "applicable state
  5  plan" means the state comprehensive plan. For the purposes of
  6  this subsection, "applicable regional plan" means an adopted
  7  comprehensive regional policy plan until the adoption of a
  8  strategic regional policy plan pursuant to s. 186.508, and
  9  thereafter means an adopted strategic regional policy plan.
10         2.  The development will significantly impact adjacent
11  jurisdictions. At the request of the appropriate local
12  government, regional planning agencies may also review and
13  comment upon issues that affect only the requesting local
14  government.
15         3.  As one of the issues considered in the review in
16  subparagraphs 1. and 2., the development will favorably or
17  adversely affect the ability of people to find adequate
18  housing reasonably accessible to their places of employment.
19  The determination should take into account information on
20  factors that are relevant to the availability of reasonably
21  accessible adequate housing.  Adequate housing means housing
22  that is available for occupancy and that is not substandard.
23         (b)  At the request of the regional planning agency,
24  other appropriate agencies shall review the proposed
25  development and shall prepare reports and recommendations on
26  issues that are clearly within the jurisdiction of those
27  agencies. Such agency reports shall become part of the
28  regional planning agency report; however, the regional
29  planning agency may attach dissenting views. When water
30  management district and Department of Environmental Protection
31  permits have been issued pursuant to chapter 373 or chapter
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                                       CS/HB 1535, First Engrossed
  1  403, the regional planning council may comment on the regional
  2  implications of the permits but may not offer conflicting
  3  recommendations.
  4         (c)  The regional planning agency shall afford the
  5  developer or any substantially affected party reasonable
  6  opportunity to present evidence to the regional planning
  7  agency head relating to the proposed regional agency report
  8  and recommendations.
  9         (d)  When the location of a proposed development
10  involves land within the boundaries of multiple regional
11  planning councils, the state land planning agency shall
12  designate a lead regional planning council. The lead regional
13  planning council shall prepare the regional report.
14         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
15         (c)  The development order shall include findings of
16  fact and conclusions of law consistent with subsections (13)
17  and (14). The development order:
18         1.  Shall specify the monitoring procedures and the
19  local official responsible for assuring compliance by the
20  developer with the development order.
21         2.  Shall establish compliance dates for the
22  development order, including a deadline for commencing
23  physical development and for compliance with conditions of
24  approval or phasing requirements, and shall include a
25  termination date that reasonably reflects the time required to
26  complete the development.
27         3.  Shall establish a date until which the local
28  government agrees that the approved development of regional
29  impact shall not be subject to downzoning, unit density
30  reduction, or intensity reduction, unless the local government
31  can demonstrate that substantial changes in the conditions
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                                       CS/HB 1535, First Engrossed
  1  underlying the approval of the development order have occurred
  2  or the development order was based on substantially inaccurate
  3  information provided by the developer or that the change is
  4  clearly established by local government to be essential to the
  5  public health, safety, or welfare.
  6         4.  Shall specify the requirements for the biennial
  7  annual report designated under subsection (18), including the
  8  date of submission, parties to whom the report is submitted,
  9  and contents of the report, based upon the rules adopted by
10  the state land planning agency.  Such rules shall specify the
11  scope of any additional local requirements that may be
12  necessary for the report.
13         5.  May specify the types of changes to the development
14  which shall require submission for a substantial deviation
15  determination under subsection (19).
16         6.  Shall include a legal description of the property.
17         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall
18  submit a biennial an annual report on the development of
19  regional impact to the local government, the regional planning
20  agency, the state land planning agency, and all affected
21  permit agencies in alternate years on the date specified in
22  the development order, unless the development order by its
23  terms requires more frequent monitoring.  If the annual report
24  is not received, the regional planning agency or the state
25  land planning agency shall notify the local government.  If
26  the local government does not receive the annual report or
27  receives notification that the regional planning agency or the
28  state land planning agency has not received the report, the
29  local government shall request in writing that the developer
30  submit the report within 30 days.  The failure to submit the
31  report after 30 days shall result in the temporary suspension
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                                       CS/HB 1535, First Engrossed
  1  of the development order by the local government. If no
  2  additional development pursuant to the development order has
  3  occurred since the submission of the previous report, then a
  4  letter from the developer stating that no development has
  5  occurred shall satisfy the requirement for a report.
  6  Development orders that require annual reports may be amended
  7  to require biennial reports at the option of the local
  8  government.
  9         (19)  SUBSTANTIAL DEVIATIONS.--
10         (b)  Any proposed change to a previously approved
11  development of regional impact or development order condition
12  which, either individually or cumulatively with other changes,
13  exceeds any of the following criteria shall constitute a
14  substantial deviation and shall cause the development to be
15  subject to further development-of-regional-impact review
16  without the necessity for a finding of same by the local
17  government:
18         1.  An increase in the number of parking spaces at an
19  attraction or recreational facility by 5 percent or 300
20  spaces, whichever is greater, or an increase in the number of
21  spectators that may be accommodated at such a facility by 5
22  percent or 1,000 spectators, whichever is greater.
23         2.  A new runway, a new terminal facility, a 25-percent
24  lengthening of an existing runway, or a 25-percent increase in
25  the number of gates of an existing terminal, but only if the
26  increase adds at least three additional gates.  However, if an
27  airport is located in two counties, a 10-percent lengthening
28  of an existing runway or a 20-percent increase in the number
29  of gates of an existing terminal is the applicable criteria.
30         3.  An increase in the number of hospital beds by 5
31  percent or 60 beds, whichever is greater.
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                                       CS/HB 1535, First Engrossed
  1         4.  An increase in industrial development area by 5
  2  percent or 32 acres, whichever is greater.
  3         5.  An increase in the average annual acreage mined by
  4  5 percent or 10 acres, whichever is greater, or an increase in
  5  the average daily water consumption by a mining operation by 5
  6  percent or 300,000 gallons, whichever is greater.  An increase
  7  in the size of the mine by 5 percent or 750 acres, whichever
  8  is less.
  9         6.  An increase in land area for office development by
10  5 percent or 6 acres, whichever is greater, or an increase of
11  gross floor area of office development by 5 percent or 60,000
12  gross square feet, whichever is greater.
13         7.  An increase in the storage capacity for chemical or
14  petroleum storage facilities by 5 percent, 20,000 barrels, or
15  7 million pounds, whichever is greater.
16         8.  An increase of development at a waterport of wet
17  storage for 20 watercraft, dry storage for 30 watercraft, or
18  wet/dry storage for 60 watercraft in an area identified in the
19  state marina siting plan as an appropriate site for additional
20  waterport development or a 5-percent increase in watercraft
21  storage capacity, whichever is greater.
22         9.  An increase in the number of dwelling units by 5
23  percent or 50 dwelling units, whichever is greater.
24         10.  An increase in commercial development by 6 acres
25  of land area or by 50,000 square feet of gross floor area, or
26  of parking spaces provided for customers for 300 cars or a
27  5-percent increase of either any of these, whichever is
28  greater.
29         11.  An increase in hotel or motel facility units by 5
30  percent or 75 units, whichever is greater.
31
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                                       CS/HB 1535, First Engrossed
  1         12.  An increase in a recreational vehicle park area by
  2  5 percent or 100 vehicle spaces, whichever is less.
  3         13.  A decrease in the area set aside for open space of
  4  5 percent or 20 acres, whichever is less.
  5         14.  A proposed increase to an approved multiuse
  6  development of regional impact where the sum of the increases
  7  of each land use as a percentage of the applicable substantial
  8  deviation criteria is equal to or exceeds 100 percent. The
  9  percentage of any decrease in the amount of open space shall
10  be treated as an increase for purposes of determining when 100
11  percent has been reached or exceeded.
12         15.  A 15-percent increase in the number of external
13  vehicle trips generated by the development above that which
14  was projected during the original
15  development-of-regional-impact review.
16         16.  Any change which would result in development of
17  any area which was specifically set aside in the application
18  for development approval or in the development order for
19  preservation or special protection of endangered or threatened
20  plants or animals designated as endangered, threatened, or
21  species of special concern and their habitat, primary dunes,
22  or archaeological and historical sites designated as
23  significant by the Division of Historical Resources of the
24  Department of State.  The further refinement of such areas by
25  survey shall be considered under sub-subparagraph (e)5.b.
26
27  The substantial deviation numerical standards in subparagraphs
28  4., 6., 10., 14., excluding residential uses, and 15., are
29  increased by 100 percent for a project certified under s.
30  403.973 which creates jobs and meets criteria established by
31  the Office of Tourism, Trade, and Economic Development as to
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                                       CS/HB 1535, First Engrossed
  1  its impact on an area's economy, employment, and prevailing
  2  wage and skill levels. The substantial deviation numerical
  3  standards in subparagraphs 4., 6., 9., 10., 11., and 14. are
  4  increased by 50 percent for a project located wholly within an
  5  urban infill and redevelopment area designated on the
  6  applicable adopted local comprehensive plan future land use
  7  map and not located within the coastal high hazard area.
  8         (c)  An extension of the date of buildout of a
  9  development, or any phase thereof, by 7 or more years shall be
10  presumed to create a substantial deviation subject to further
11  development-of-regional-impact review.  An extension of the
12  date of buildout, or any phase thereof, of 5 years or more but
13  less than 7 years shall be presumed not to create a
14  substantial deviation. These presumptions may be rebutted by
15  clear and convincing evidence at the public hearing held by
16  the local government.  An extension of less than 7 5 years is
17  not a substantial deviation. For the purpose of calculating
18  when a buildout, phase, or termination date has been exceeded,
19  the time shall be tolled during the pendency of administrative
20  or judicial proceedings relating to development permits.  Any
21  extension of the buildout date of a project or a phase thereof
22  shall automatically extend the commencement date of the
23  project, the termination date of the development order, the
24  expiration date of the development of regional impact, and the
25  phases thereof by a like period of time.
26         (e)1.  A proposed change which, either individually or,
27  if there were previous changes, cumulatively with those
28  changes, is equal to or exceeds 40 percent of any numerical
29  criterion in subparagraphs (b)1.-15., but which does not
30  exceed such criterion, shall be presumed not to create a
31  substantial deviation subject to further
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                                       CS/HB 1535, First Engrossed
  1  development-of-regional-impact review.  The presumption may be
  2  rebutted by clear and convincing evidence at the public
  3  hearing held by the local government pursuant to subparagraph
  4  (f)5.
  5         2.  Except for a development order rendered pursuant to
  6  subsection (22) or subsection (25), a proposed change to a
  7  development order that individually or cumulatively with any
  8  previous change is less than 40 percent of any numerical
  9  criterion contained in subparagraphs (b)1.-15. and does not
10  exceed any other criterion, or that involves an extension of
11  the buildout date of a development, or any phase thereof, of
12  less than 7 5 years is not a substantial deviation, is not
13  subject to the public hearing requirements of subparagraph
14  (f)3., and is not subject to a determination pursuant to
15  subparagraph (f)5.  Notice of the proposed change shall be
16  made to the regional planning council and the state land
17  planning agency. Such notice shall include a description of
18  previous individual changes made to the development, including
19  changes previously approved by the local government, and shall
20  include appropriate amendments to the development order.
21         2.  The following changes, individually or cumulatively
22  with any previous changes, are not substantial deviations:
23         a.  Changes in the name of the project, developer,
24  owner, or monitoring official.
25         b.  Changes to a setback that do not affect noise
26  buffers, environmental protection or mitigation areas, or
27  archaeological or historical resources.
28         c.  Changes to minimum lot sizes.
29         d.  Changes in the configuration of internal roads that
30  do not affect external access points.
31
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                                       CS/HB 1535, First Engrossed
  1         e.  Changes to the building design or orientation that
  2  stay approximately within the approved area designated for
  3  such building and parking lot, and which do not affect
  4  historical buildings designated as significant by the Division
  5  of Historical Resources of the Department of State.
  6         f.  Changes to increase the acreage in the development,
  7  provided that no development is proposed on the acreage to be
  8  added.
  9         g.  Changes to eliminate an approved land use, provided
10  that there are no additional regional impacts.
11         h.  Changes required to conform to permits approved by
12  any federal, state, or regional permitting agency, provided
13  that these changes do not create additional regional impacts.
14         i.  Any renovation or redevelopment of development
15  within a previously approved development of regional impact
16  which does not change land use or increase density or
17  intensity of use.
18         j.i.  Any other change which the state land planning
19  agency agrees in writing is similar in nature, impact, or
20  character to the changes enumerated in sub-subparagraphs a.-i.
21  a.-h. and which does not create the likelihood of any
22  additional regional impact.
23
24  This subsection does not require a development order amendment
25  for any change listed in sub-subparagraphs a.-j. a.-i. unless
26  such issue is addressed either in the existing development
27  order or in the application for development approval, but, in
28  the case of the application, only if, and in the manner in
29  which, the application is incorporated in the development
30  order.
31
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                                       CS/HB 1535, First Engrossed
  1         3.  Except for the change authorized by
  2  sub-subparagraph 2.f., any addition of land not previously
  3  reviewed or any change not specified in paragraph (b) or
  4  paragraph (c) shall be presumed to create a substantial
  5  deviation.  This presumption may be rebutted by clear and
  6  convincing evidence.
  7         4.  Any submittal of a proposed change to a previously
  8  approved development shall include a description of individual
  9  changes previously made to the development, including changes
10  previously approved by the local government.  The local
11  government shall consider the previous and current proposed
12  changes in deciding whether such changes cumulatively
13  constitute a substantial deviation requiring further
14  development-of-regional-impact review.
15         5.  The following changes to an approved development of
16  regional impact shall be presumed to create a substantial
17  deviation.  Such presumption may be rebutted by clear and
18  convincing evidence.
19         a.  A change proposed for 15 percent or more of the
20  acreage to a land use not previously approved in the
21  development order.  Changes of less than 15 percent shall be
22  presumed not to create a substantial deviation.
23         b.  Except for the types of uses listed in subparagraph
24  (b)16., any change which would result in the 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, buffers, or special protection, including
28  habitat for plant and animal species, archaeological and
29  historical sites, dunes, and other special areas.
30         c.  Notwithstanding any provision of paragraph (b) to
31  the contrary, a proposed change consisting of simultaneous
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                                       CS/HB 1535, First Engrossed
  1  increases and decreases of at least two of the uses within an
  2  authorized multiuse development of regional impact which was
  3  originally approved with three or more uses specified in s.
  4  380.0651(3)(c), (d), (f), and (g) and residential use.
  5         (f)1.  The state land planning agency shall establish
  6  by rule standard forms for submittal of proposed changes to a
  7  previously approved development of regional impact which may
  8  require further development-of-regional-impact review.  At a
  9  minimum, the standard form shall require the developer to
10  provide the precise language that the developer proposes to
11  delete or add as an amendment to the development order.
12         2.  The developer shall submit, simultaneously, to the
13  local government, the regional planning agency, and the state
14  land planning agency the request for approval of a proposed
15  change.
16         3.  No sooner than 30 days but no later than 45 days
17  after submittal by the developer to the local government, the
18  state land planning agency, and the appropriate regional
19  planning agency, the local government shall give 15 days'
20  notice and schedule a public hearing to consider the change
21  that the developer asserts does not create a substantial
22  deviation. This public hearing shall be held within 90 days
23  after submittal of the proposed changes, unless that time is
24  extended by the developer.
25         4.  The appropriate regional planning agency or the
26  state land planning agency shall review the proposed change
27  and, no later than 45 days after submittal by the developer of
28  the proposed change, unless that time is extended by the
29  developer, and prior to the public hearing at which the
30  proposed change is to be considered, shall advise the local
31  government in writing whether it objects to the proposed
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                                       CS/HB 1535, First Engrossed
  1  change, shall specify the reasons for its objection, if any,
  2  and shall provide a copy to the developer.  A change which is
  3  subject to the substantial deviation criteria specified in
  4  sub-subparagraph (e)5.c. shall not be subject to this
  5  requirement.
  6         5.  At the public hearing, the local government shall
  7  determine whether the proposed change requires further
  8  development-of-regional-impact review.  The provisions of
  9  paragraphs (a) and (e), the thresholds set forth in paragraph
10  (b), and the presumptions set forth in paragraphs (c) and (d)
11  and subparagraph (e)3. subparagraphs (e)1. and 3. shall be
12  applicable in determining whether further
13  development-of-regional-impact review is required.
14         6.  If the local government determines that the
15  proposed change does not require further
16  development-of-regional-impact review and is otherwise
17  approved, or if the proposed change is not subject to a
18  hearing and determination pursuant to subparagraphs 3. and 5.
19  and is otherwise approved, the local government shall issue an
20  amendment to the development order incorporating the approved
21  change and conditions of approval relating to the change. The
22  decision of the local government to approve, with or without
23  conditions, or to deny the proposed change that the developer
24  asserts does not require further review shall be subject to
25  the appeal provisions of s. 380.07. However, the state land
26  planning agency may not appeal the local government decision
27  if it did not comply with subparagraph 4.  The state land
28  planning agency may not appeal a change to a development order
29  made pursuant to subparagraph (e)1. or subparagraph (e)2. for
30  developments of regional impact approved after January 1,
31  1980, unless the change would result in a significant impact
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                                       CS/HB 1535, First Engrossed
  1  to a regionally significant archaeological, historical, or
  2  natural resource not previously identified in the original
  3  development-of-regional-impact review.
  4         (24)  STATUTORY EXEMPTIONS.--
  5         (i)  Any proposed facility for the storage of any
  6  petroleum product or any expansion of an existing facility is
  7  exempt from the provisions of this section, if the facility is
  8  consistent with a local comprehensive plan that is in
  9  compliance with s. 163.3177 or is consistent with a
10  comprehensive port master plan that is in compliance with s.
11  163.3178.
12         (j)  Any renovation or redevelopment within the same
13  land parcel which does not change land use or increase density
14  or intensity of use.
15         (k)1.  Any proposal to increase development at a
16  waterport or marina existing on the effective date of this act
17  or any new waterport or marina development is exempt from the
18  provisions of this section, unless located within a county
19  identified in s. 370.12(2)(f).
20         2.  Any waterport or marina development located within
21  a county identified in s. 370.12(2)(f) is exempt from the
22  provisions of this section if such county has adopted marina
23  siting policies into the coastal management or land use
24  element of its comprehensive plan. Such policies must be
25  transmitted by December 31, 2003, and must be adopted prior to
26  or within 1 year after the transmittal of the policies to the
27  state land planning agency. If no such policies are adopted
28  into the comprehensive plan by December 31, 2004, any increase
29  or new development in such county shall be exempt from the
30  provisions of this section. The adoption of marina siting
31  policies into the comprehensive plan is exempt from the
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                                       CS/HB 1535, First Engrossed
  1  provisions of s. 163.3187(1). Any subsequent change to a
  2  marina siting policy shall be treated as a small scale
  3  development amendment as defined in s. 163.3187(1)(c). Prior
  4  to the adoption of marina siting policies or December 31,
  5  2004, the current standards and thresholds provided for in
  6  subparagraph (19)(b)8. and s. 380.0651(3)(e) are applicable.
  7         (25)  AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.--
  8         (n)  After a development order approving an areawide
  9  development plan is received, changes shall be subject to the
10  provisions of subsection (19), except that the percentages and
11  numerical criteria shall be double those listed in paragraph
12  (19)(b) and the extension of the date of buildout of a
13  development, or any phase thereof, by less than 10 years shall
14  not create a substantial deviation.
15         Section 16.  Whopper Way designated; Department of
16  Transportation to erect suitable markers.--
17         (1)  That portion of N.W. 57 Avenue from N.W. 7 Street
18  to State Highway 836 in Miami-Dade County is hereby designated
19  as "Whopper Way."
20         (2)  The Department of Transportation is directed to
21  erect suitable markers designating Whopper Way as described in
22  subsection (1).
23         Section 17.  Paragraphs (d) and (f) of subsection (3)
24  of section 380.0651, Florida Statutes, are amended to read:
25         380.0651  Statewide guidelines and standards.--
26         (3)  The following statewide guidelines and standards
27  shall be applied in the manner described in s. 380.06(2) to
28  determine whether the following developments shall be required
29  to undergo development-of-regional-impact review:
30
31
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                                       CS/HB 1535, First Engrossed
  1         (d)  Office development.--Any proposed office building
  2  or park operated under common ownership, development plan, or
  3  management that:
  4         1.  Encompasses 300,000 or more square feet of gross
  5  floor area; or
  6         2.  Has a total site size of 30 or more acres; or
  7         3.  Encompasses more than 600,000 square feet of gross
  8  floor area in a county with a population greater than 500,000
  9  and only in a geographic area specifically designated as
10  highly suitable for increased threshold intensity in the
11  approved local comprehensive plan and in the strategic
12  regional policy plan.
13         (f)  Retail and service development.--Any proposed
14  retail, service, or wholesale business establishment or group
15  of establishments which deals primarily with the general
16  public onsite, operated under one common property ownership,
17  development plan, or management that:
18         1.  Encompasses more than 400,000 square feet of gross
19  area; or
20         2.  Occupies more than 40 acres of land; or
21         3.  Provides parking spaces for more than 2,500 cars.
22         Section 18.  Section 235.1851, Florida Statutes, is
23  created to read:
24         235.1851  Educational facilities benefit districts.--
25         (1)  It is the intent of the Legislature to encourage
26  and authorize public cooperation among district school boards,
27  affected local general purpose governments, and benefited
28  private interests in order to implement financing for timely
29  construction and maintenance of school facilities, including
30  facilities identified in individual district facilities work
31  programs or proposed by charter schools.  It is the further
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                                       CS/HB 1535, First Engrossed
  1  intent of the Legislature to provide efficient alternative
  2  mechanisms and incentives to allow for sharing costs of
  3  educational facilities necessary to accommodate new growth and
  4  development among public agencies, including district school
  5  boards, affected local general purpose governments, and
  6  benefited private development interests.
  7         (2)  The Legislature hereby authorizes the creation of
  8  educational facilities benefit districts pursuant to
  9  interlocal cooperation agreements between a district school
10  board and all local general purpose governments within whose
11  jurisdiction a district is located.  The purpose of
12  educational facilities benefit districts is to assist in
13  financing the construction and maintenance of educational
14  facilities.
15         (3)(a)  An educational facilities benefit district may
16  be created pursuant to this act and chapters 125, 163, 166,
17  and 189.  An educational facilities benefit district charter
18  may be created by a county or municipality by entering into an
19  interlocal agreement, as authorized by s. 163.01, with the
20  district school board and any local general purpose government
21  within whose jurisdiction a portion of the district is located
22  and adoption of an ordinance that includes all provisions
23  contained within s. 189.4041.  The creating entity shall be
24  the local general purpose government within whose boundaries a
25  majority of the educational facilities benefit district's
26  lands are located.
27         (b)  Creation of any educational facilities benefit
28  district shall be conditioned upon the consent of the district
29  school board, all local general purpose governments within
30  whose jurisdiction any portion of the educational facilities
31  benefit district is located, and all landowners within the
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                                       CS/HB 1535, First Engrossed
  1  district. The membership of the governing board of any
  2  educational facilities benefit district shall include
  3  representation of the district school board, each cooperating
  4  local general purpose government, and the landowners within
  5  the district.  In the case of an educational facilities
  6  benefit district's decision to create a charter school, the
  7  board of directors of the charter school may constitute the
  8  members of the governing board for the educational facilities
  9  benefit district.
10         (4)  The educational facilities benefit district shall
11  have, and its governing board may exercise, the following
12  powers:
13         (a)  To finance and construct educational facilities
14  within the district's boundaries.
15         (b)  To sue and be sued in the name of the district; to
16  adopt and use a seal and authorize the use of a facsimile
17  thereof; to acquire, by purchase, gift, devise, or otherwise,
18  and to dispose of real and personal property or any estate
19  therein; and to make and execute contracts and other
20  instruments necessary or convenient to the exercise of its
21  powers.
22         (c)  To contract for the services of consultants to
23  perform planning, engineering, legal, or other appropriate
24  services of a professional nature.  Such contracts shall be
25  subject to the public bidding or competitive negotiations
26  required of local general purpose governments.
27         (d)  To borrow money and accept gifts; to apply for
28  unused grants or loans of money or other property from the
29  United States, the state, a unit of local government, or any
30  person for any district purposes and enter into agreements
31  required in connection therewith; and to hold, use, and
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                                       CS/HB 1535, First Engrossed
  1  dispose of such moneys or property for any district purposes
  2  in accordance with the terms of the gift, grant, loan, or
  3  agreement relating thereto.
  4         (e)  To adopt resolutions and polices prescribing the
  5  powers, duties, and functions of the officers of the district,
  6  the conduct of the business of the district, and the
  7  maintenance of records and documents of the district.
  8         (f)  To maintain an office at such place or places as
  9  it may designate within the district or within the boundaries
10  of the local general purpose government that created the
11  district.
12         (g)  To lease as lessor or lessee to or from any
13  person, firm, corporation, association, or body, public or
14  private, any projects of the type that the district is
15  authorized to undertake and facilities or property of any
16  nature for use of the district to carry out any of the
17  purposes authorized by this act.
18         (h)  To borrow money and issue bonds, certificates,
19  warrants, notes, or other evidence of indebtedness pursuant to
20  this act for periods not longer than 30 years, provided such
21  bonds, certificates, warrants, notes, or other indebtedness
22  shall only be guaranteed by non-ad valorem assessments legally
23  imposed by the district and other available sources of funds
24  provided in this act and shall not pledge the full faith and
25  credit of any local general purpose government or the district
26  school board.
27         (i)  To cooperate with or contract with other
28  governmental agencies as may be necessary, convenient,
29  incidental, or proper in connection with any of the powers,
30  duties, or purposes authorized by this act and to accept
31  funding from local and state agencies as provided in this act.
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                                       CS/HB 1535, First Engrossed
  1         (j)  To levy, impose, collect, and enforce non-ad
  2  valorem assessments, as defined by s. 197.3632(1)(d), pursuant
  3  to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,
  4  and 197.3635.
  5         (k)  To exercise all powers necessary, convenient,
  6  incidental, or proper in connection with any of the powers,
  7  duties, or purposes authorized by this act.
  8         (5)  As an alternative to the creation of an
  9  educational facilities benefit district, the Legislature
10  hereby recognizes and encourages the consideration of
11  community development district creation pursuant to chapter
12  190 as a viable alternative for financing the construction and
13  maintenance of educational facilities as described in this
14  act. Community development districts are hereby granted the
15  authority to determine, order, levy, impose, collect, and
16  enforce non-ad valorem assessments for such purposes pursuant
17  to this act and chapters 170, 190, and 197. This authority is
18  in addition to any authority granted community development
19  districts under chapter 190. Community development districts
20  are therefore deemed eligible for the financial enhancements
21  available to educational facilities benefit districts
22  providing for financing the construction and maintenance of
23  educational facilities pursuant to s. 235.1852.  In order to
24  receive such financial enhancements, a community development
25  district must enter into an interlocal agreement with the
26  district school board and affected local general purpose
27  governments that specifies the obligations of all parties to
28  the agreement. Nothing in this act or in any interlocal
29  agreement entered into pursuant to this act shall require any
30  change in the method of election of a board of supervisors of
31  a community development district provided in chapter 190.
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                                       CS/HB 1535, First Engrossed
  1         Section 19.  Section 235.1852, Florida Statutes, is
  2  created to read:
  3         235.1852  Local funding for educational facilities
  4  benefit districts or community development districts.--Upon
  5  confirmation by a district school board of the commitment of
  6  revenues by an educational facilities benefit district or
  7  community development district necessary to construct and
  8  maintain an educational facility contained within an
  9  individual district facilities work program or proposed by an
10  approved charter school or a charter school applicant, the
11  following funds shall be provided to the educational
12  facilities benefit district or community development district
13  annually, beginning with the next fiscal year after
14  confirmation until the district's financial obligations are
15  completed:
16         (1)  All educational facilities impact fee revenue
17  collected for new development within the educational
18  facilities benefit district or community development district.
19  Funds provided under this subsection shall be used to fund the
20  construction and capital maintenance costs of educational
21  facilities.
22         (2)  For construction and capital maintenance costs not
23  covered by the funds provided under subsection (1), an annual
24  amount contributed by the district school board equal to
25  one-half of the remaining costs of construction and capital
26  maintenance of the educational facility. Any construction
27  costs above the cost-per-student criteria established for the
28  SIT Program in s. 235.216(2) shall be funded exclusively by
29  the educational facilities benefit district or the community
30  development district. Funds contributed by a district school
31  board shall not be used to fund operational costs.
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                                       CS/HB 1535, First Engrossed
  1
  2  Educational facilities funded pursuant to this act may be
  3  constructed on land that is owned by any person after the
  4  district school board has acquired from the owner of the land
  5  a long-term lease for the use of this land for a period of not
  6  less than 40 years or the life expectancy of the permanent
  7  facilities constructed thereon, whichever is longer. All
  8  interlocal agreements entered into pursuant to this act shall
  9  provide for ownership of educational facilities funded
10  pursuant to this act to revert to the district school board if
11  such facilities cease to be used for public educational
12  purposes prior to 40 years after construction or prior to the
13  end of the life expectancy of the educational facilities,
14  whichever is longer.
15         Section 20.  Section 235.1853, Florida Statutes, is
16  created to read:
17         235.1853  Educational facilities benefit district or
18  community development district facility utilization.--The
19  student population of all facilities funded pursuant to this
20  act shall reflect the racial balance of the school district
21  pursuant to state and federal law.  However, to the extent
22  allowable pursuant to state and federal law, the interlocal
23  agreement providing for the establishment of the educational
24  facilities benefit district or the interlocal agreement
25  between the community development district and the district
26  school board and affected local general purpose governments
27  may provide for the district school board to establish school
28  attendance zones that allow students residing within a
29  reasonable distance of facilities financed through the
30  interlocal agreement to attend such facilities.
31
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                                       CS/HB 1535, First Engrossed
  1         Section 21.  Paragraph (c) of subsection (1) of
  2  163.3187, Florida Statutes, is amended to read:
  3         163.3187  Amendment of adopted comprehensive plan.--
  4         (1)  Amendments to comprehensive plans adopted pursuant
  5  to this part may be made not more than two times during any
  6  calendar year, except:
  7         (c)  Any local government comprehensive plan amendments
  8  directly related to proposed small scale development
  9  activities may be approved without regard to statutory limits
10  on the frequency of consideration of amendments to the local
11  comprehensive plan.  A small scale development amendment may
12  be adopted only under the following conditions:
13         1.  The proposed amendment involves a use of 10 acres
14  or fewer and:
15         a.  The cumulative annual effect of the acreage for all
16  small scale development amendments adopted by the local
17  government shall not exceed:
18         (I)  A maximum of 120 acres in a local government that
19  contains areas specifically designated in the local
20  comprehensive plan for urban infill, urban redevelopment, or
21  downtown revitalization as defined in s. 163.3164, urban
22  infill and redevelopment areas designated under s. 163.2517,
23  transportation concurrency exception areas approved pursuant
24  to s. 163.3180(5), or regional activity centers and urban
25  central business districts approved pursuant to s.
26  380.06(2)(e); however, amendments under this paragraph may be
27  applied to no more than 60 acres annually of property outside
28  the designated areas listed in this sub-sub-subparagraph.
29         (II)  A maximum of 80 acres in a local government that
30  does not contain any of the designated areas set forth in
31  sub-sub-subparagraph (I).
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                                       CS/HB 1535, First Engrossed
  1         (III)  A maximum of 120 acres in a county established
  2  pursuant to s. 9, Art. VIII of the State Constitution.
  3         b.  The proposed amendment does not involve the same
  4  property granted a change within the prior 12 months.
  5         c.  The proposed amendment does not involve the same
  6  owner's property within 200 feet of property granted a change
  7  within the prior 12 months.
  8         d.  The proposed amendment does not involve a text
  9  change to the goals, policies, and objectives of the local
10  government's comprehensive plan, but only proposes a land use
11  change to the future land use map for a site-specific small
12  scale development activity.
13         e.  The property that is the subject of the proposed
14  amendment is not located within an area of critical state
15  concern, unless the project subject to the proposed amendment
16  involves the construction of affordable housing units meeting
17  the criteria of s. 420.0004(3), and is located within an area
18  of critical state concern designated by s. 380.0552 or by the
19  Administration Commission pursuant to s. 380.05(1).  Such
20  amendment is not subject to the density limitations of
21  sub-subparagraph f., and shall be reviewed by the state land
22  planning agency for consistency with the principles for
23  guiding development applicable to the area of critical state
24  concern where the amendment is located and shall not become
25  effective until a final order is issued under s. 380.05(6).
26         f.  If the proposed amendment involves a residential
27  land use, the residential land use has a density of 10 units
28  or less per acre, except that this limitation does not apply
29  to small scale amendments described in sub-sub-subparagraph
30  a.(I) that are designated in the local comprehensive plan for
31  urban infill, urban redevelopment, or downtown revitalization
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                                       CS/HB 1535, First Engrossed
  1  as defined in s. 163.3164, urban infill and redevelopment
  2  areas designated under s. 163.2517, transportation concurrency
  3  exception areas approved pursuant to s. 163.3180(5), or
  4  regional activity centers and urban central business districts
  5  approved pursuant to s. 380.06(2)(e).
  6         2.a.  A local government that proposes to consider a
  7  plan amendment pursuant to this paragraph is not required to
  8  comply with the procedures and public notice requirements of
  9  s. 163.3184(15)(e)(c) for such plan amendments if the local
10  government complies with the provisions in s. 125.66(4)(a) for
11  a county or in s. 166.041(3)(c) for a municipality. If a
12  request for a plan amendment under this paragraph is initiated
13  by other than the local government, public notice is required.
14         b.  The local government shall send copies of the
15  notice and amendment to the state land planning agency, the
16  regional planning council, and any other person or entity
17  requesting a copy.  This information shall also include a
18  statement identifying any property subject to the amendment
19  that is located within a coastal high hazard area as
20  identified in the local comprehensive plan.
21         3.  Small scale development amendments adopted pursuant
22  to this paragraph require only one public hearing before the
23  governing board, which shall be an adoption hearing as
24  described in s. 163.3184(7), and are not subject to the
25  requirements of s. 163.3184(3)-(6) unless the local government
26  elects to have them subject to those requirements.
27         Section 22.  Subsection (4) of section 189.415, Florida
28  Statutes, is amended to read:
29         189.415  Special district public facilities report.--
30         (4)  Those special districts building, improving, or
31  expanding public facilities addressed by a development order
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                                       CS/HB 1535, First Engrossed
  1  issued to the developer pursuant to s. 380.06 may use the most
  2  recent biennial annual report required by s. 380.06(15) and
  3  (18) and submitted by the developer, to the extent the annual
  4  report provides the information required by subsection (2).
  5         Section 23.  (1)  Nothing contained in this act
  6  abridges or modifies any vested or other right or any duty or
  7  obligation pursuant to any development order or agreement that
  8  is applicable to a development of regional impact on the
  9  effective date of this act.  A development that has received a
10  development-of-regional-impact development order pursuant to
11  s. 380.06, Florida Statutes, but is no longer required to
12  undergo development-of-regional-impact review by operation of
13  this act, shall be governed by the following procedures:
14         (a)  The development shall continue to be governed by
15  the development-of-regional-impact development order and may
16  be completed in reliance upon and pursuant to the development
17  order.  The development-of-regional-impact development order
18  may be enforced by the local government as provided by ss.
19  380.06(17) and 380.11, Florida Statutes.
20         (b)  If requested by the developer or landowner, the
21  development-of-regional-impact development order may be
22  abandoned pursuant to the provisions of s. 380.06(26), Florida
23  Statutes.
24         (2)  A development with an application for development
25  approval pending, and determined sufficient pursuant to s.
26  380.06(10), Florida Statutes, on the effective date of this
27  act, or a notification of proposed change pending on the
28  effective date of this act, may elect to continue such review
29  pursuant to s. 380.06, Florida Statutes.  At the conclusion of
30  the pending review, including any appeals pursuant to s.
31
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                                       CS/HB 1535, First Engrossed
  1  380.07, Florida Statutes, the resulting development order
  2  shall be governed by the provisions of subsection (1).
  3         Section 24.  Subsection (6) of section 163.3164,
  4  Florida Statutes, is repealed.
  5         Section 25.  Section 163.3165, Florida Statutes, is
  6  created to read:
  7         163.3165  Definition of development.--
  8         (1)  The term "development" means the carrying out of
  9  any building activity or mining operation, the making of any
10  material change in the use or appearance of any structure or
11  land, or the dividing of land into three or more parcels.
12         (2)  The following activities or uses shall be taken
13  for the purposes of this chapter to involve "development," as
14  defined in this section:
15         (a)  A reconstruction, alteration of the size, or
16  material change in the external appearance of a structure on
17  land.
18         (b)  A change in the intensity of use of land, such as
19  an increase in the number of dwelling units in a structure or
20  on land or a material increase in the number of businesses,
21  manufacturing establishments, offices, or dwelling units in a
22  structure or on land.
23         (c)  Alteration of a shore or bank of a seacoast,
24  river, stream, lake, pond, or canal, including any "coastal
25  construction" as defined in s. 161.021.
26         (d)  Commencement of drilling, except to obtain soil
27  samples, mining, or excavation on a parcel of land.
28         (e)  Demolition of a structure.
29         (f)  Clearing of land as an adjunct of construction.
30         (g)  Deposit of refuse, solid or liquid waste, or fill
31  on a parcel of land.
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                                       CS/HB 1535, First Engrossed
  1         (3)  The following operations or uses shall not be
  2  taken for the purpose of this chapter to involve "development"
  3  as defined in this section:
  4         (a)  Work by a highway or road agency or railroad
  5  company for the maintenance or improvement of a road or
  6  railroad track, if the work is carried out on land within the
  7  boundaries of the right-of-way or any work or construction
  8  within the boundaries of the right-of-way on the federal
  9  interstate highway system.
10         (b)  Work by any utility and other persons engaged in
11  the distribution or transmission of electricity, gas, or
12  water, for the purpose of inspecting, repairing, renewing, or
13  constructing on established rights-of-way any sewers, mains,
14  pipes, cables, utility tunnels, power lines, towers, poles,
15  tracks, or the like.
16         (c)  Work for the maintenance, renewal, improvement, or
17  alteration of any structure, if the work affects only the
18  interior or the color of the structure or the decoration of
19  the exterior of the structure.
20         (d)  The use of any structure or land devoted to
21  dwelling uses for any purpose customarily incidental to
22  enjoyment of the dwelling.
23         (e)  The use of any land for the purpose of growing
24  plants, crops, trees, and other agricultural or forestry
25  products; raising livestock; or for other agricultural
26  purposes.
27         (f)  A change in use of land or structure from a use
28  within a class specified in an ordinance or rule to another
29  use in the same class.
30         (g)  A change in the ownership or form of ownership of
31  any parcel or structure.
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                                       CS/HB 1535, First Engrossed
  1         (h)  The creation or termination of rights of access,
  2  riparian rights, easements, covenants concerning development
  3  of land, or other rights in land.
  4         (4)  "Development," as designated in an ordinance,
  5  rule, or development permit includes all other development
  6  customarily associated with it unless otherwise specified.
  7  When appropriate to the context, "development" refers to the
  8  act of developing or to the result of development. Reference
  9  to any specific operation is not intended to mean that the
10  operation or activity, when part of other operations or
11  activities, is not development.  Reference to particular
12  operations is not intended to limit the generality of
13  subsection (1).
14         Section 26.  Section 186.515, Florida Statutes, is
15  amended to read:
16         186.515  Creation of regional planning councils under
17  chapter 163.--Nothing in ss. 186.501-186.507, 186.513, and
18  186.515 is intended to repeal or limit the provisions of
19  chapter 163; however, the local general-purpose governments
20  serving as voting members of the governing body of a regional
21  planning council created pursuant to ss. 186.501-186.507,
22  186.513, and 186.515 are not authorized to create a regional
23  planning council pursuant to chapter 163 unless an agency,
24  other than a regional planning council created pursuant to ss.
25  186.501-186.507, 186.513, and 186.515, is designated to
26  exercise the powers and duties in any one or more of ss.
27  163.3164(18)(19) and 380.031(15); in which case, such a
28  regional planning council is also without authority to
29  exercise the powers and duties in s. 163.3164(19) or s.
30  380.031(15).
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                                       CS/HB 1535, First Engrossed
  1         Section 27.  Paragraph (a) of subsection (16) of
  2  section 287.042, Florida Statutes, is amended to read:
  3         287.042  Powers, duties, and functions.--The department
  4  shall have the following powers, duties, and functions:
  5         (16)(a)  To enter into joint agreements with
  6  governmental agencies, as defined in s. 163.3164(9)(10) for
  7  the purpose of pooling funds for the purchase of commodities
  8  or information technology that can be used by multiple
  9  agencies. However, the department shall consult with the State
10  Technology Office on joint agreements that involve the
11  purchase of information technology.  Agencies entering into
12  joint purchasing agreements with the department or the State
13  Technology Office shall authorize the department or the State
14  Technology Office to contract for such purchases on their
15  behalf.
16         Section 28.  Paragraph (a) of subsection (2) of section
17  288.975, Florida Statutes, is amended to read:
18         288.975  Military base reuse plans.--
19         (2)  As used in this section, the term:
20         (a)  "Affected local government" means a local
21  government adjoining the host local government and any other
22  unit of local government that is not a host local government
23  but that is identified in a proposed military base reuse plan
24  as providing, operating, or maintaining one or more public
25  facilities as defined in s. 163.3164(23)(24) on lands within
26  or serving a military base designated for closure by the
27  Federal Government.
28         Section 29.  Subsection (5) of section 369.303, Florida
29  Statutes, is amended to read:
30         369.303  Definitions.--As used in this part:
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                                       CS/HB 1535, First Engrossed
  1         (5)  "Land development regulation" means a regulation
  2  covered by the definition in s. 163.3164(22)(23) and any of
  3  the types of regulations described in s. 163.3202.
  4         Section 30.  Subsection (16) of section 420.9071,
  5  Florida Statutes, is amended to read:
  6         420.9071  Definitions.--As used in ss.
  7  420.907-420.9079, the term:
  8         (16)  "Local housing incentive strategies" means local
  9  regulatory reform or incentive programs to encourage or
10  facilitate affordable housing production, which include at a
11  minimum, assurance that permits as defined in s. 163.3164(6)
12  (7) and (7) (8) for affordable housing projects are expedited
13  to a greater degree than other projects; an ongoing process
14  for review of local policies, ordinances, regulations, and
15  plan provisions that increase the cost of housing prior to
16  their adoption; and a schedule for implementing the incentive
17  strategies. Local housing incentive strategies may also
18  include other regulatory reforms, such as those enumerated in
19  s. 420.9076 and adopted by the local governing body.
20         Section 31.  Paragraph (a) of subsection (4) of section
21  420.9076, Florida Statutes, is amended to read:
22         420.9076  Adoption of affordable housing incentive
23  strategies; committees.--
24         (4)  The advisory committee shall review the
25  established policies and procedures, ordinances, land
26  development regulations, and adopted local government
27  comprehensive plan of the appointing local government and
28  shall recommend specific initiatives to encourage or
29  facilitate affordable housing while protecting the ability of
30  the property to appreciate in value. Such recommendations may
31  include the modification or repeal of existing policies,
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                                       CS/HB 1535, First Engrossed
  1  procedures, ordinances, regulations, or plan provisions; the
  2  creation of exceptions applicable to affordable housing; or
  3  the adoption of new policies, procedures, regulations,
  4  ordinances, or plan provisions.  At a minimum, each advisory
  5  committee shall make recommendations on affordable housing
  6  incentives in the following areas:
  7         (a)  The processing of approvals of development orders
  8  or permits, as defined in s. 163.3164(6)(7) and (7) (8), for
  9  affordable housing projects is expedited to a greater degree
10  than other projects.
11         Section 32.  This act shall take effect upon becoming a
12  law.
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