Senate Bill sb2228c1
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Florida Senate - 2002 CS for SB 2228
By the Committee on Comprehensive Planning, Local and Military
Affairs; and Senator Clary
316-2335-02
1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 163.3177, F.S.; revising provisions
4 governing regulation of intensity of use;
5 requiring certain local governments to prepare
6 an inventory of service-delivery interlocal
7 agreements; requiring local governments to
8 provide the Legislature with recommendations
9 regarding annexation; amending s. 163.3180,
10 F.S.; providing for the waiver of concurrency
11 requirements; amending s. 163.3184, F.S.;
12 revising definitions; revising provisions
13 governing the process for adopting
14 comprehensive plans and plan amendments;
15 amending s. 380.04, F.S.; revising the
16 definition of "development" with regard to
17 operations that do not involve development to
18 include federal interstate highways and the
19 transmission of electricity; amending s.
20 380.06, F.S., relating to developments of
21 regional impact; removing a rebuttable
22 presumption with respect to application of the
23 statewide guidelines and standards and revising
24 the fixed thresholds; providing for designation
25 of a lead regional planning council; providing
26 for submission of biennial, rather than annual,
27 reports by the developer; authorizing
28 submission of a letter, rather than a report,
29 under certain circumstances; providing for
30 amendment of development orders with respect to
31 report frequency; revising provisions governing
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1 substantial deviation standards for
2 developments of regional impact; providing that
3 an extension of the date of buildout of less
4 than 6 years is not a substantial deviation;
5 providing that certain renovation or
6 redevelopment of a previously approved
7 development of regional impact is not a
8 substantial deviation; providing a statutory
9 exemption from the
10 development-of-regional-impact process for
11 petroleum storage facilities and certain
12 renovation or redevelopment; amending s.
13 380.0651, F.S.; revising the guidelines and
14 standards for office development, and retail
15 and service development; changing certain
16 thresholds for multi-use development; providing
17 definitions relevant to determining whether two
18 or more developments may be aggregated and
19 treated as a single development; providing
20 application with respect to developments that
21 have received a development-of-regional-impact
22 development order or that have an application
23 for development approval or notification of
24 proposed change pending; creating s. 235.1851,
25 F.S.; providing legislative intent; authorizing
26 the creation of educational facilities benefit
27 districts pursuant to interlocal agreement;
28 providing for creation of an educational
29 facilities benefit district through adoption of
30 an ordinance; specifying content of such
31 ordinances; providing for the creating entity
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1 to be the local general purpose government
2 within whose boundaries a majority of the
3 educational facilities benefit district's lands
4 are located; providing that educational
5 facilities benefit districts may only be
6 created with the consent of the district school
7 board, all affected local general purpose
8 governments, and all landowners within the
9 district; providing for the membership of the
10 governing boards of educational facilities
11 benefit districts; providing the powers of
12 educational facilities benefit districts;
13 authorizing community development districts,
14 created pursuant to ch. 190, F.S., to be
15 eligible for financial enhancements available
16 to educational facilities benefit districts;
17 conditioning such eligibility upon the
18 establishment of an interlocal agreement;
19 creating s. 235.1852, F.S.; providing funding
20 for educational facilities benefit districts
21 and community development districts; creating
22 s. 235.1853, F.S.; providing for the
23 utilization of educational facilities built
24 pursuant to this act; providing an effective
25 date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraphs (a) and (h) of subsection (6) of
30 section 163.3177, Florida Statutes, is amended to read:
31
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1 163.3177 Required and optional elements of
2 comprehensive plan; studies and surveys.--
3 (6) In addition to the requirements of subsections
4 (1)-(5), the comprehensive plan shall include the following
5 elements:
6 (a) A future land use plan element designating
7 proposed future general distribution, location, and extent of
8 the uses of land for residential uses, commercial uses,
9 industry, agriculture, recreation, conservation, education,
10 public buildings and grounds, other public facilities, and
11 other categories of the public and private uses of land. Each
12 The future land use category must be defined in terms of uses
13 included and must plan shall include standards to be followed
14 in the control and distribution of population densities and
15 building and structure intensities. The proposed
16 distribution, location, and extent of the various categories
17 of land use shall be shown on a land use map or map series
18 which shall be supplemented by goals, policies, and measurable
19 objectives. Each land use category shall be defined in terms
20 of the types of uses included and specific standards for the
21 density or intensity of use. The future land use plan shall
22 be based upon surveys, studies, and data regarding the area,
23 including the amount of land required to accommodate
24 anticipated growth; the projected population of the area; the
25 character of undeveloped land; the availability of public
26 services; the need for redevelopment, including the renewal of
27 blighted areas and the elimination of nonconforming uses which
28 are inconsistent with the character of the community; and, in
29 rural communities, the need for job creation, capital
30 investment, and economic development that will strengthen and
31 diversify the community's economy. The future land use plan
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1 may designate areas for future planned development use
2 involving combinations of types of uses for which special
3 regulations may be necessary to ensure development in accord
4 with the principles and standards of the comprehensive plan
5 and this act. In addition, for rural communities, the amount
6 of land designated for future planned industrial use shall be
7 based upon surveys and studies that reflect the need for job
8 creation, capital investment, and the necessity to strengthen
9 and diversify the local economies, and shall not be limited
10 solely by the projected population of the rural community. The
11 future land use plan of a county may also designate areas for
12 possible future municipal incorporation. The land use maps or
13 map series shall generally identify and depict historic
14 district boundaries and shall designate historically
15 significant properties meriting protection. The future land
16 use element must clearly identify the land use categories in
17 which public schools are an allowable use. When delineating
18 the land use categories in which public schools are an
19 allowable use, a local government shall include in the
20 categories sufficient land proximate to residential
21 development to meet the projected needs for schools in
22 coordination with public school boards and may establish
23 differing criteria for schools of different type or size.
24 Each local government shall include lands contiguous to
25 existing school sites, to the maximum extent possible, within
26 the land use categories in which public schools are an
27 allowable use. All comprehensive plans must comply with the
28 school siting requirements of this paragraph no later than
29 October 1, 1999. The failure by a local government to comply
30 with these school siting requirements by October 1, 1999, will
31 result in the prohibition of the local government's ability to
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1 amend the local comprehensive plan, except for plan amendments
2 described in s. 163.3187(1)(b), until the school siting
3 requirements are met. An amendment proposed by a local
4 government for purposes of identifying the land use categories
5 in which public schools are an allowable use is exempt from
6 the limitation on the frequency of plan amendments contained
7 in s. 163.3187. The future land use element shall include
8 criteria which encourage the location of schools proximate to
9 urban residential areas to the extent possible and shall
10 require that the local government seek to collocate public
11 facilities, such as parks, libraries, and community centers,
12 with schools to the extent possible. For schools serving
13 predominantly rural counties, defined as a county with a
14 population of 100,000 or fewer, an agricultural land use
15 category shall be eligible for the location of public school
16 facilities if the local comprehensive plan contains school
17 siting criteria and the location is consistent with such
18 criteria.
19 (h)1. An intergovernmental coordination element
20 showing relationships and stating principles and guidelines to
21 be used in the accomplishment of coordination of the adopted
22 comprehensive plan with the plans of school boards and other
23 units of local government providing services but not having
24 regulatory authority over the use of land, with the
25 comprehensive plans of adjacent municipalities, the county,
26 adjacent counties, or the region, and with the state
27 comprehensive plan, as the case may require and as such
28 adopted plans or plans in preparation may exist. This element
29 of the local comprehensive plan shall demonstrate
30 consideration of the particular effects of the local plan,
31 when adopted, upon the development of adjacent municipalities,
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1 the county, adjacent counties, or the region, or upon the
2 state comprehensive plan, as the case may require.
3 a. The intergovernmental coordination element shall
4 provide for procedures to identify and implement joint
5 planning areas, especially for the purpose of annexation,
6 municipal incorporation, and joint infrastructure service
7 areas.
8 b. The intergovernmental coordination element shall
9 provide for recognition of campus master plans prepared
10 pursuant to s. 240.155.
11 c. The intergovernmental coordination element may
12 provide for a voluntary dispute resolution process as
13 established pursuant to s. 186.509 for bringing to closure in
14 a timely manner intergovernmental disputes. A local
15 government may develop and use an alternative local dispute
16 resolution process for this purpose.
17 2. The intergovernmental coordination element shall
18 further state principles and guidelines to be used in the
19 accomplishment of coordination of the adopted comprehensive
20 plan with the plans of school boards and other units of local
21 government providing facilities and services but not having
22 regulatory authority over the use of land. In addition, the
23 intergovernmental coordination element shall describe joint
24 processes for collaborative planning and decisionmaking on
25 population projections and public school siting, the location
26 and extension of public facilities subject to concurrency, and
27 siting facilities with countywide significance, including
28 locally unwanted land uses whose nature and identity are
29 established in an agreement. Within 1 year of adopting their
30 intergovernmental coordination elements, each county, all the
31 municipalities within that county, the district school board,
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1 and any unit of local government service providers in that
2 county shall establish by interlocal or other formal agreement
3 executed by all affected entities, the joint processes
4 described in this subparagraph consistent with their adopted
5 intergovernmental coordination elements.
6 3. To foster coordination between special districts
7 and local general-purpose governments as local general-purpose
8 governments implement local comprehensive plans, each
9 independent special district must submit a public facilities
10 report to the appropriate local government as required by s.
11 189.415.
12 4. The state land planning agency shall establish a
13 schedule for phased completion and transmittal of plan
14 amendments to implement subparagraphs 1., 2., and 3. from all
15 jurisdictions so as to accomplish their adoption by December
16 31, 1999. A local government may complete and transmit its
17 plan amendments to carry out these provisions prior to the
18 scheduled date established by the state land planning agency.
19 The plan amendments are exempt from the provisions of s.
20 163.3187(1).
21 5. By January 1, 2004, any county having a population
22 greater than 100,000, and the municipalities and special
23 districts within that county, shall submit a report to the
24 Department of Community Affairs which:
25 a. Identifies all existing or proposed interlocal
26 service-delivery agreements regarding the following:
27 education; sanitary sewer; public safety; solid waste;
28 drainage; potable water; parks and recreation; and
29 transportation facilities.
30 b. Identifies any deficits or duplication in the
31 provision of services within its jurisdiction, whether capital
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1 or operational. Upon request, the Department of Community
2 Affairs shall provide technical assistance to the local
3 governments in identifying deficits or duplication.
4 6. Within 6 months after submission of the report, the
5 Department of Community Affairs shall, through the appropriate
6 regional planning council, coordinate a meeting of all local
7 governments within the regional planning area to discuss the
8 reports and potential strategies to remedy any identified
9 deficiencies or duplications.
10 7. Each local government shall update its
11 intergovernmental coordination element based upon the findings
12 in the report submitted pursuant to subparagraph 5. The report
13 may be used as supporting data and analysis for the
14 intergovernmental coordination element.
15 8. By February 1, 2003, representatives of
16 municipalities and counties shall provide to the Legislature
17 recommended statutory changes for annexation, including any
18 changes that address the delivery of local government services
19 in areas planned for annexation.
20 Section 2. Paragraph (c) is added to subsection (4) of
21 section 163.3180, Florida Statutes, to read:
22 163.3180 Concurrency.--
23 (4)
24 (c) The concurrency requirement, except as it relates
25 to transportation facilities, as implemented in local
26 government comprehensive plans may be waived by a local
27 government for urban infill and redevelopment areas designated
28 pursuant to s. 163.2517 if such a waiver does not endanger
29 public health or safety as defined by the local government in
30 its local government comprehensive plan. The waiver shall be
31 adopted as a plan amendment pursuant to the process set forth
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1 in s. 163.3187(3)(a). A local government may grant a
2 concurrency exception pursuant to subsection (5) for
3 transportation facilities located within these urban infill
4 and redevelopment areas.
5 Section 3. Paragraph (a) of subsection (1),
6 subsections (3), (4), (6), (7), (8), and (15), and paragraph
7 (d) of subsection (16) of section 163.3184, Florida Statutes,
8 are amended to read:
9 163.3184 Process for adoption of comprehensive plan or
10 plan amendment.--
11 (1) DEFINITIONS.--As used in this section:
12 (a) "Affected person" includes the affected local
13 government; persons owning property, residing, or owning or
14 operating a business within the boundaries of the local
15 government whose plan is the subject of the review; owners of
16 real property abutting real property that is the subject of a
17 proposed change to a future land use map; and adjoining local
18 governments that can demonstrate that the plan or plan
19 amendment will produce substantial impacts on the increased
20 need for publicly funded infrastructure or substantial impacts
21 on areas designated for protection or special treatment within
22 their jurisdiction. Each person, other than an adjoining local
23 government, in order to qualify under this definition, shall
24 also have submitted oral or written comments, recommendations,
25 or objections to the local government during the period of
26 time beginning with the transmittal hearing for the plan or
27 plan amendment and ending with the adoption of the plan or
28 plan amendment.
29 (3) LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR
30 AMENDMENT.--
31
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1 (a) Each local governing body shall transmit the
2 complete proposed comprehensive plan or plan amendment to the
3 state land planning agency, the appropriate regional planning
4 council and water management district, the Department of
5 Environmental Protection, the Department of State, and the
6 Department of Transportation and, in the case of municipal
7 plans, to the appropriate county and, in the case of county
8 plans, to the Fish and Wildlife Conservation Commission and
9 the Department of Agriculture and Consumer Services
10 immediately following a public hearing pursuant to subsection
11 (15) as specified in the state land planning agency's
12 procedural rules. The local governing body shall also transmit
13 a copy of the complete proposed comprehensive plan or plan
14 amendment to any other unit of local government or government
15 agency in the state that has filed a written request with the
16 governing body for the plan or plan amendment. The local
17 government may request a review by the state land planning
18 agency pursuant to subsection (6) at the time of the
19 transmittal of an amendment.
20 (b) A local governing body shall not transmit portions
21 of a plan or plan amendment unless it has previously provided
22 to all state agencies designated by the state land planning
23 agency a complete copy of its adopted comprehensive plan
24 pursuant to subsection (7) and as specified in the agency's
25 procedural rules. In the case of comprehensive plan
26 amendments, the local governing body shall transmit to the
27 state land planning agency, the appropriate regional planning
28 council and water management district, the Department of
29 Environmental Protection, the Department of State, and the
30 Department of Transportation and, in the case of municipal
31 plans, to the appropriate county and, in the case of county
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1 plans, to the Fish and Wildlife Conservation Commission and
2 the Department of Agriculture and Consumer Services the
3 materials specified in the state land planning agency's
4 procedural rules and, in cases in which the plan amendment is
5 a result of an evaluation and appraisal report adopted
6 pursuant to s. 163.3191, a copy of the evaluation and
7 appraisal report. Local governing bodies shall consolidate all
8 proposed plan amendments into a single submission for each of
9 the two plan amendment adoption dates during the calendar year
10 pursuant to s. 163.3187.
11 (c) A local government may adopt a proposed plan
12 amendment previously transmitted pursuant to this subsection,
13 unless review is requested or otherwise initiated pursuant to
14 subsection (6).
15 (d) In cases in which a local government transmits
16 multiple individual amendments that can be clearly and legally
17 separated and distinguished for the purpose of determining
18 whether to review the proposed amendment, and the state land
19 planning agency elects to review several or a portion of the
20 amendments and the local government chooses to immediately
21 adopt the remaining amendments not reviewed, the amendments
22 immediately adopted and any reviewed amendments that the local
23 government subsequently adopts together constitute one
24 amendment cycle in accordance with s. 163.3187(1).
25 (4) INTERGOVERNMENTAL REVIEW.--The If review of a
26 proposed comprehensive plan amendment is requested or
27 otherwise initiated pursuant to subsection (6), the state land
28 planning agency within 5 working days of determining that such
29 a review will be conducted shall transmit a copy of the
30 proposed plan amendment to various government agencies, as
31 appropriate, for response or comment, including, but not
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1 limited to, the Department of Environmental Protection, the
2 Department of Transportation, the water management district,
3 and the regional planning council, and, in the case of
4 municipal plans, to the county land planning agency. These
5 governmental agencies specified in paragraph (3)(a) shall
6 provide comments to the state land planning agency within 30
7 days after receipt by the state land planning agency of the
8 complete proposed plan amendment. The appropriate regional
9 planning council shall also provide its written comments to
10 the state land planning agency within 30 days after receipt by
11 the state land planning agency of the complete proposed plan
12 amendment and shall specify any objections, recommendations
13 for modifications, and comments of any other regional agencies
14 to which the regional planning council may have referred the
15 proposed plan amendment. Written comments submitted by the
16 public within 30 days after notice of transmittal by the local
17 government of the proposed plan amendment will be considered
18 as if submitted by governmental agencies. All written agency
19 and public comments must be made part of the file maintained
20 under subsection (2).
21 (6) STATE LAND PLANNING AGENCY REVIEW.--
22 (a) The state land planning agency shall review a
23 proposed plan amendment upon request of a regional planning
24 council, affected person, or local government transmitting the
25 plan amendment. The request from the regional planning council
26 or affected person must be if the request is received within
27 30 days after transmittal of the proposed plan amendment
28 pursuant to subsection (3). The agency shall issue a report
29 of its objections, recommendations, and comments regarding the
30 proposed plan amendment. A regional planning council or
31 affected person requesting a review shall do so by submitting
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1 a written request to the agency with a notice of the request
2 to the local government and any other person who has requested
3 notice.
4 (b) The state land planning agency may review any
5 proposed plan amendment regardless of whether a request for
6 review has been made, if the agency gives notice to the local
7 government, and any other person who has requested notice, of
8 its intention to conduct such a review within 35 30 days after
9 receipt of transmittal of the complete proposed plan amendment
10 pursuant to subsection (3).
11 (c) The state land planning agency shall establish by
12 rule a schedule for receipt of comments from the various
13 government agencies, as well as written public comments,
14 pursuant to subsection (4). If the state land planning agency
15 elects to review the amendment or the agency is required to
16 review the amendment as specified in paragraph (a), the agency
17 shall issue a report giving its objections, recommendations,
18 and comments regarding the proposed amendment within 60 days
19 after receipt of the complete proposed amendment by the state
20 land planning agency. The state land planning agency shall
21 have 30 days to review comments from the various government
22 agencies along with a local government's comprehensive plan or
23 plan amendment. During that period, the state land planning
24 agency shall transmit in writing its comments to the local
25 government along with any objections and any recommendations
26 for modifications. When a federal, state, or regional agency
27 has implemented a permitting program, the state land planning
28 agency shall not require a local government to duplicate or
29 exceed that permitting program in its comprehensive plan or to
30 implement such a permitting program in its land development
31 regulations. Nothing contained herein shall prohibit the
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1 state land planning agency in conducting its review of local
2 plans or plan amendments from making objections,
3 recommendations, and comments or making compliance
4 determinations regarding densities and intensities consistent
5 with the provisions of this part. In preparing its comments,
6 the state land planning agency shall only base its
7 considerations on written, and not oral, comments, from any
8 source.
9 (d) The state land planning agency review shall
10 identify all written communications with the agency regarding
11 the proposed plan amendment. If the state land planning agency
12 does not issue such a review, it shall identify in writing to
13 the local government all written communications received 30
14 days after transmittal. The written identification must
15 include a list of all documents received or generated by the
16 agency, which list must be of sufficient specificity to enable
17 the documents to be identified and copies requested, if
18 desired, and the name of the person to be contacted to request
19 copies of any identified document. The list of documents must
20 be made a part of the public records of the state land
21 planning agency.
22 (7) LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF
23 PLAN OR AMENDMENTS AND TRANSMITTAL.--
24 (a) The local government shall review the written
25 comments submitted to it by the state land planning agency,
26 and any other person, agency, or government. Any comments,
27 recommendations, or objections and any reply to them shall be
28 public documents, a part of the permanent record in the
29 matter, and admissible in any proceeding in which the
30 comprehensive plan or plan amendment may be at issue. The
31 local government, upon receipt of written comments from the
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1 state land planning agency, shall have 120 days to adopt or
2 adopt with changes the proposed comprehensive plan or s.
3 163.3191 plan amendments. In the case of comprehensive plan
4 amendments other than those proposed pursuant to s. 163.3191,
5 the local government shall have 60 days to adopt the
6 amendment, adopt the amendment with changes, or determine that
7 it will not adopt the amendment. The adoption of the proposed
8 plan or plan amendment or the determination not to adopt a
9 plan amendment, other than a plan amendment proposed pursuant
10 to s. 163.3191, shall be made in the course of a public
11 hearing pursuant to subsection (15). The local government
12 shall transmit the complete adopted comprehensive plan or
13 adopted plan amendment, including the names and addresses of
14 persons compiled pursuant to paragraph (15)(c), to the state
15 land planning agency as specified in the agency's procedural
16 rules within 10 working days after adoption. The local
17 governing body shall also transmit a copy of the adopted
18 comprehensive plan or plan amendment to the regional planning
19 agency and to any other unit of local government or
20 governmental agency in the state that has filed a written
21 request with the governing body for a copy of the plan or plan
22 amendment.
23 (b) If the adopted plan amendment is unchanged from
24 the proposed plan amendment transmitted pursuant to subsection
25 (3) and an affected person as defined in paragraph (1)(a) did
26 not raise any objection, the state land planning agency did
27 not review the proposed plan amendment, and the state land
28 planning agency did not raise any objections during its review
29 pursuant to subsection (6), the local government may state in
30 the transmittal letter that the plan amendment is unchanged
31 and was not the subject of objections.
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1 (8) NOTICE OF INTENT.--
2 (a) If the transmittal letter correctly states that
3 the plan amendment is unchanged and was not the subject of
4 review or objections pursuant to paragraph (7)(b), the state
5 land planning agency has 20 days after receipt of the
6 transmittal letter within which to issue a notice of intent
7 that the plan amendment is in compliance.
8 (b)(a) Except as provided in paragraph (a) or in s.
9 163.3187(3), the state land planning agency, upon receipt of a
10 local government's complete adopted comprehensive plan or plan
11 amendment, shall have 45 days for review and to determine if
12 the plan or plan amendment is in compliance with this act,
13 unless the amendment is the result of a compliance agreement
14 entered into under subsection (16), in which case the time
15 period for review and determination shall be 30 days. If
16 review was not conducted under subsection (6), the agency's
17 determination must be based upon the plan amendment as
18 adopted. If review was conducted under subsection (6), the
19 agency's determination of compliance must be based only upon
20 one or both of the following:
21 1. The state land planning agency's written comments
22 to the local government pursuant to subsection (6); or
23 2. Any changes made by the local government to the
24 comprehensive plan or plan amendment as adopted.
25 (c)(b)1. During the time period provided for in this
26 subsection, the state land planning agency shall issue,
27 through a senior administrator or the secretary, as specified
28 in the agency's procedural rules, a notice of intent to find
29 that the plan or plan amendment is in compliance or not in
30 compliance. A notice of intent shall be issued by publication
31 in the manner provided by this paragraph and by mailing a copy
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1 to the local government and to persons who request notice.
2 The required advertisement shall be no less than 2 columns
3 wide by 10 inches long, and the headline in the advertisement
4 shall be in a type no smaller than 12 point. The advertisement
5 shall not be placed in that portion of the newspaper where
6 legal notices and classified advertisements appear. The
7 advertisement shall be published in a newspaper which meets
8 the size and circulation requirements set forth in paragraph
9 (15)(c) and which has been designated in writing by the
10 affected local government at the time of transmittal of the
11 amendment. Publication by the state land planning agency of a
12 notice of intent in the newspaper designated by the local
13 government shall be prima facie evidence of compliance with
14 the publication requirements of this section.
15 2. For fiscal year 2001-2002 only, the provisions of
16 this subparagraph shall supersede the provisions of
17 subparagraph 1. During the time period provided for in this
18 subsection, the state land planning agency shall issue,
19 through a senior administrator or the secretary, as specified
20 in the agency's procedural rules, a notice of intent to find
21 that the plan or plan amendment is in compliance or not in
22 compliance. A notice of intent shall be issued by publication
23 in the manner provided by this paragraph and by mailing a copy
24 to the local government. The advertisement shall be placed in
25 that portion of the newspaper where legal notices appear. The
26 advertisement shall be published in a newspaper that meets the
27 size and circulation requirements set forth in paragraph
28 (15)(e)(c) and that has been designated in writing by the
29 affected local government at the time of transmittal of the
30 amendment. Publication by the state land planning agency of a
31 notice of intent in the newspaper designated by the local
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1 government shall be prima facie evidence of compliance with
2 the publication requirements of this section. The state land
3 planning agency shall post a copy of the notice of intent on
4 the agency's Internet site. The agency shall, no later than
5 the date the notice of intent is transmitted to the newspaper,
6 send by regular mail a courtesy informational statement to
7 persons who provide their names and addresses to the local
8 government at the transmittal hearing or at the adoption
9 hearing where the local government has provided the names and
10 addresses of such persons to the department at the time of
11 transmittal of the adopted amendment. The informational
12 statements shall include the name of the newspaper in which
13 the notice of intent will appear, the approximate date of
14 publication, the ordinance number of the plan or plan
15 amendment, and a statement that affected persons have 21 days
16 after the actual date of publication of the notice to file a
17 petition. This subparagraph expires July 1, 2002.
18 2. A local government that has an Internet site shall
19 post a copy of the state land planning agency's notice of
20 intent on the site within 5 days after receipt of the mailed
21 copy of the agency's notice of intent.
22 (15) PUBLIC HEARINGS.--
23 (a) The procedure for transmittal of a complete
24 proposed comprehensive plan or plan amendment pursuant to
25 subsection (3) and for adoption of a comprehensive plan or
26 plan amendment pursuant to subsection (7) shall be by
27 affirmative vote of not less than a majority of the members of
28 the governing body present at the hearing. The adoption of a
29 comprehensive plan or plan amendment shall be by ordinance.
30 For the purposes of transmitting or adopting a comprehensive
31 plan or plan amendment, the notice requirements in chapters
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1 125 and 166 are superseded by this subsection, except as
2 provided in this part.
3 (b) The local governing body shall hold at least two
4 advertised public hearings on the proposed comprehensive plan
5 or plan amendment as follows:
6 1. The first public hearing shall be held at the
7 transmittal stage pursuant to subsection (3). It shall be
8 held on a weekday at least 7 days after the day that the first
9 advertisement is published.
10 2. The second public hearing shall be held at the
11 adoption stage pursuant to subsection (7). It shall be held
12 on a weekday at least 5 days after the day that the second
13 advertisement is published.
14 (c) The local government shall provide a sign-in form
15 at the transmittal hearing and at the adoption hearing for
16 persons to provide their names and mailing addresses. The
17 sign-in form shall advise that any person providing the
18 requested information will receive a courtesy informational
19 statement concerning publications of the state land planning
20 agency's notice of intent. The local government shall add to
21 the sign-in form the name and address of any person who
22 submits written comments concerning the proposed plan or plan
23 amendment during the time period between the commencement of
24 the transmittal hearing and the end of the adoption hearing.
25 It is the responsibility of the person completing the form or
26 providing written comments to accurately, completely, and
27 legibly provide all information needed in order to receive the
28 courtesy informational statement.
29 (d) The agency shall provide a model sign-in form for
30 providing the list to the agency that may be used by the local
31 government to satisfy the requirements of this subsection.
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1 (e)(c) If the proposed comprehensive plan or plan
2 amendment changes the actual list of permitted, conditional,
3 or prohibited uses within a future land use category or
4 changes the actual future land use map designation of a parcel
5 or parcels of land, the required advertisements shall be in
6 the format prescribed by s. 125.66(4)(b)2. for a county or by
7 s. 166.041(3)(c)2.b. for a municipality.
8 (16) COMPLIANCE AGREEMENTS.--
9 (d) A local government may adopt a plan amendment
10 pursuant to a compliance agreement in accordance with the
11 requirements of paragraph (15)(a). The plan amendment shall be
12 exempt from the requirements of subsections (2)-(7). The
13 local government shall hold a single adoption public hearing
14 pursuant to the requirements of subparagraph (15)(b)2. and
15 paragraph (15)(e)(c). Within 10 working days after adoption of
16 a plan amendment, the local government shall transmit the
17 amendment to the state land planning agency as specified in
18 the agency's procedural rules, and shall submit one copy to
19 the regional planning agency and to any other unit of local
20 government or government agency in the state that has filed a
21 written request with the governing body for a copy of the plan
22 amendment, and one copy to any party to the proceeding under
23 ss. 120.569 and 120.57 granted intervenor status.
24 Section 4. Subsection (3) of section 380.04, Florida
25 Statutes, is amended to read:
26 380.04 Definition of development.--
27 (3) The following operations or uses shall not be
28 taken for the purpose of this chapter to involve "development"
29 as defined in this section:
30 (a) Work by a highway or road agency or railroad
31 company for the maintenance or improvement of a road or
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1 railroad track, if the work is carried out on land within the
2 boundaries of the right-of-way or any work or construction
3 within the boundaries of the right-of-way on the federal
4 interstate highway system.
5 (b) Work by any utility and other persons engaged in
6 the distribution or transmission of electricity, gas, or
7 water, for the purpose of inspecting, repairing, renewing, or
8 constructing on established rights-of-way any sewers, mains,
9 pipes, cables, utility tunnels, power lines, towers, poles,
10 tracks, or the like.
11 (c) Work for the maintenance, renewal, improvement, or
12 alteration of any structure, if the work affects only the
13 interior or the color of the structure or the decoration of
14 the exterior of the structure.
15 (d) The use of any structure or land devoted to
16 dwelling uses for any purpose customarily incidental to
17 enjoyment of the dwelling.
18 (e) The use of any land for the purpose of growing
19 plants, crops, trees, and other agricultural or forestry
20 products; raising livestock; or for other agricultural
21 purposes.
22 (f) A change in use of land or structure from a use
23 within a class specified in an ordinance or rule to another
24 use in the same class.
25 (g) A change in the ownership or form of ownership of
26 any parcel or structure.
27 (h) The creation or termination of rights of access,
28 riparian rights, easements, covenants concerning development
29 of land, or other rights in land.
30 Section 5. Paragraph (d) of subsection (2), paragraph
31 (b) of subsection (4), paragraph (a) of subsection (8),
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1 subsection (12), paragraph (c) of subsection (15), subsection
2 (18), and paragraphs (b), (c), (e), and (f) of subsection (19)
3 of section 380.06, Florida Statutes, are amended, and
4 paragraphs (i) and (j) are added to subsection (24) of that
5 section, to read:
6 380.06 Developments of regional impact.--
7 (2) STATEWIDE GUIDELINES AND STANDARDS.--
8 (d) The guidelines and standards shall be applied as
9 follows:
10 1. Fixed thresholds.--
11 a. A development that is at or below 100 80 percent of
12 all numerical thresholds in the guidelines and standards shall
13 not be required to undergo development-of-regional-impact
14 review.
15 b. A development that is at or above 120 percent of
16 any numerical threshold shall be required to undergo
17 development-of-regional-impact review.
18 c. Projects certified under s. 403.973 which create at
19 least 100 jobs and meet the criteria of the Office of Tourism,
20 Trade, and Economic Development as to their impact on an
21 area's economy, employment, and prevailing wage and skill
22 levels that are at or below 100 percent of the numerical
23 thresholds for industrial plants, industrial parks,
24 distribution, warehousing or wholesaling facilities, office
25 development or multiuse projects other than residential, as
26 described in s. 380.0651(3)(c), (d), and (i), are not required
27 to undergo development-of-regional-impact review.
28 2. Rebuttable presumption presumptions.--
29 a. It shall be presumed that a development that is
30 between 80 and 100 percent of a numerical threshold shall not
31 be required to undergo development-of-regional-impact review.
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1 b. It shall be presumed that a development that is at
2 100 percent or between 100 and 120 percent of a numerical
3 threshold shall be required to undergo
4 development-of-regional-impact review.
5 (4) BINDING LETTER.--
6 (b) Unless a developer waives the requirements of this
7 paragraph by agreeing to undergo
8 development-of-regional-impact review pursuant to this
9 section, the state land planning agency or local government
10 with jurisdiction over the land on which a development is
11 proposed may require a developer to obtain a binding letter
12 if:
13 1. the development is at a presumptive numerical
14 threshold or up to 20 percent above a numerical threshold in
15 the guidelines and standards.; or
16 2. The development is between a presumptive numerical
17 threshold and 20 percent below the numerical threshold and the
18 local government or the state land planning agency is in doubt
19 as to whether the character or magnitude of the development at
20 the proposed location creates a likelihood that the
21 development will have a substantial effect on the health,
22 safety, or welfare of citizens of more than one county.
23 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.--
24 (a) A developer may enter into a written preliminary
25 development agreement with the state land planning agency to
26 allow a developer to proceed with a limited amount of the
27 total proposed development, subject to all other governmental
28 approvals and solely at the developer's own risk, prior to
29 issuance of a final development order. All owners of the land
30 in the total proposed development shall join the developer as
31
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1 parties to the agreement. Each agreement shall include and be
2 subject to the following conditions:
3 1. The developer shall comply with the preapplication
4 conference requirements pursuant to subsection (7) within 45
5 days after the execution of the agreement.
6 2. The developer shall file an application for
7 development approval for the total proposed development within
8 3 months after execution of the agreement, unless the state
9 land planning agency agrees to a different time for good cause
10 shown. Failure to timely file an application and to otherwise
11 diligently proceed in good faith to obtain a final development
12 order shall constitute a breach of the preliminary development
13 agreement.
14 3. The agreement shall include maps and legal
15 descriptions of both the preliminary development area and the
16 total proposed development area and shall specifically
17 describe the preliminary development in terms of magnitude and
18 location. The area approved for preliminary development must
19 be included in the application for development approval and
20 shall be subject to the terms and conditions of the final
21 development order.
22 4. The preliminary development shall be limited to
23 lands that the state land planning agency agrees are suitable
24 for development and shall only be allowed in areas where
25 adequate public infrastructure exists to accommodate the
26 preliminary development, when such development will utilize
27 public infrastructure. The developer must also demonstrate
28 that the preliminary development will not result in material
29 adverse impacts to existing resources or existing or planned
30 facilities.
31
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1 5. The preliminary development agreement may allow
2 development which is:
3 a. Less than or equal to 100 80 percent of any
4 applicable threshold if the developer demonstrates that such
5 development is consistent with subparagraph 4.; or
6 b. Less than 120 percent of any applicable threshold
7 if the developer demonstrates that such development is part of
8 a proposed downtown development of regional impact specified
9 in subsection (22) or part of any areawide development of
10 regional impact specified in subsection (25) and that the
11 development is consistent with subparagraph 4.
12 6. The developer and owners of the land may not claim
13 vested rights, or assert equitable estoppel, arising from the
14 agreement or any expenditures or actions taken in reliance on
15 the agreement to continue with the total proposed development
16 beyond the preliminary development. The agreement shall not
17 entitle the developer to a final development order approving
18 the total proposed development or to particular conditions in
19 a final development order.
20 7. The agreement shall not prohibit the regional
21 planning agency from reviewing or commenting on any regional
22 issue that the regional agency determines should be included
23 in the regional agency's report on the application for
24 development approval.
25 8. The agreement shall include a disclosure by the
26 developer and all the owners of the land in the total proposed
27 development of all land or development within 5 miles of the
28 total proposed development in which they have an interest and
29 shall describe such interest.
30 9. In the event of a breach of the agreement or
31 failure to comply with any condition of the agreement, or if
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1 the agreement was based on materially inaccurate information,
2 the state land planning agency may terminate the agreement or
3 file suit to enforce the agreement as provided in this section
4 and s. 380.11, including a suit to enjoin all development.
5 10. A notice of the preliminary development agreement
6 shall be recorded by the developer in accordance with s.
7 28.222 with the clerk of the circuit court for each county in
8 which land covered by the terms of the agreement is located.
9 The notice shall include a legal description of the land
10 covered by the agreement and shall state the parties to the
11 agreement, the date of adoption of the agreement and any
12 subsequent amendments, the location where the agreement may be
13 examined, and that the agreement constitutes a land
14 development regulation applicable to portions of the land
15 covered by the agreement. The provisions of the agreement
16 shall inure to the benefit of and be binding upon successors
17 and assigns of the parties in the agreement.
18 11. Except for those agreements which authorize
19 preliminary development for substantial deviations pursuant to
20 subsection (19), a developer who no longer wishes to pursue a
21 development of regional impact may propose to abandon any
22 preliminary development agreement executed after January 1,
23 1985, including those pursuant to s. 380.032(3), provided at
24 the time of abandonment:
25 a. A final development order under this section has
26 been rendered that approves all of the development actually
27 constructed; or
28 b. The amount of development is less than 100 80
29 percent of all numerical thresholds of the guidelines and
30 standards, and the state land planning agency determines in
31 writing that the development to date is in compliance with all
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1 applicable local regulations and the terms and conditions of
2 the preliminary development agreement and otherwise adequately
3 mitigates for the impacts of the development to date.
4
5 In either event, when a developer proposes to abandon said
6 agreement, the developer shall give written notice and state
7 that he or she is no longer proposing a development of
8 regional impact and provide adequate documentation that he or
9 she has met the criteria for abandonment of the agreement to
10 the state land planning agency. Within 30 days of receipt of
11 adequate documentation of such notice, the state land planning
12 agency shall make its determination as to whether or not the
13 developer meets the criteria for abandonment. Once the state
14 land planning agency determines that the developer meets the
15 criteria for abandonment, the state land planning agency shall
16 issue a notice of abandonment which shall be recorded by the
17 developer in accordance with s. 28.222 with the clerk of the
18 circuit court for each county in which land covered by the
19 terms of the agreement is located.
20 (12) REGIONAL REPORTS.--
21 (a) Within 50 days after receipt of the notice of
22 public hearing required in paragraph (11)(c), the regional
23 planning agency, if one has been designated for the area
24 including the local government, shall prepare and submit to
25 the local government a report and recommendations on the
26 regional impact of the proposed development. In preparing its
27 report and recommendations, the regional planning agency shall
28 identify regional issues based upon the following review
29 criteria and make recommendations to the local government on
30 these regional issues, specifically considering whether, and
31 the extent to which:
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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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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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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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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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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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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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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 6 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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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 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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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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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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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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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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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 Section 6. Paragraphs (d), (f), and (i) of subsection
16 (3) and subsection (4) of section 380.0651, Florida Statutes,
17 are amended to read:
18 380.0651 Statewide guidelines and standards.--
19 (3) The following statewide guidelines and standards
20 shall be applied in the manner described in s. 380.06(2) to
21 determine whether the following developments shall be required
22 to undergo development-of-regional-impact review:
23 (d) Office development.--Any proposed office building
24 or park operated under common ownership, development plan, or
25 management that:
26 1. Encompasses 300,000 or more square feet of gross
27 floor area; or
28 2. Has a total site size of 30 or more acres; or
29 3. Encompasses more than 600,000 square feet of gross
30 floor area in a county with a population greater than 500,000
31 and only in a geographic area specifically designated as
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1 highly suitable for increased threshold intensity in the
2 approved local comprehensive plan and in the strategic
3 regional policy plan.
4 (f) Retail and service development.--Any proposed
5 retail, service, or wholesale business establishment or group
6 of establishments which deals primarily with the general
7 public onsite, operated under one common property ownership,
8 development plan, or management that:
9 1. Encompasses more than 400,000 square feet of gross
10 area; or
11 2. Occupies more than 40 acres of land; or
12 3. Provides parking spaces for more than 2,500 cars.
13 (i) Multiuse development.--Any proposed development
14 with two or more land uses where the sum of the percentages of
15 the appropriate thresholds identified in chapter 28-24,
16 Florida Administrative Code, or this section for each land use
17 in the development is equal to or greater than 175 145
18 percent, provided that each such land use shall be equal to or
19 greater than 20 percent of the applicable threshold. Any
20 proposed development with three or more land uses, one of
21 which residential and contains at least 100 dwelling units or
22 15 percent of the applicable residential threshold, whichever
23 is greater, where the sum of the percentages of the
24 appropriate thresholds identified in chapter 28-24, Florida
25 Administrative Code, or this section for each land use in the
26 development is equal to or greater than 200 160 percent,
27 provided that the two nonresidential land uses are equal to or
28 greater than 15 and 10 percent of the respective applicable
29 threshold. This threshold is in addition to, and does not
30 preclude, a development from being required to undergo
31
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1 development-of-regional-impact review under any other
2 threshold.
3 (4) Two or more developments, represented by their
4 owners or developers to be separate developments, shall be
5 aggregated and treated as a single development under this
6 chapter when they are determined to be part of a unified plan
7 of development and are physically proximate to one other.
8 (a) As used in this subsection, the term:
9 1. "Physically proximate" means location of any
10 portion of each of two or more developments:
11 a. Not more than one-fourth mile apart in areas
12 designated as urbanized areas in the latest decennial census,
13 as revised by the U.S. Department of Commerce, Bureau of
14 Census; or
15 b. No more than one-half mile apart in areas that are
16 not designated as urbanized areas by the Census Bureau. When
17 any portion of two or more developments is located within an
18 area not designated as urbanized, the criteria in this
19 sub-subparagraph applies. Notwithstanding anything in this
20 section to the contrary, two or more developments will be
21 considered physically proximate when they are separated by
22 property contiguous to the developments which is owned or
23 controlled by the same person or entity who owns of controls a
24 significant legal or equitable interest in those developments
25 sought to be aggregated, so long as the distance between the
26 developments does not exceed 2 miles.
27 2. "Significant legal or equitable interest" means
28 that the same person has an interest or an option to obtain an
29 interest of more than 25 percent in each development for the
30 following types of interest:
31 a. A fee simple estate;
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1 b. A leasehold estate of more than 30 years' duration;
2 c. A life estate;
3 d. Mineral rights in mining developments; or
4 e. Similar equitable, beneficial, or real property
5 interests in the development. A lessor's interest under a
6 lease of more than 30 years' duration is not significant legal
7 or equitable interest.
8 3. "Reasonable closeness in time" means within 5
9 years.
10 4. "Completion of 80 percent" means:
11 a. For purposes of residential development, when up to
12 80 percent of all improved lots or parcels have been
13 constructed or have received certificates of occupancy or have
14 been sold to bona fide third-party purchasers or when 80
15 percent of all dwelling units have received certificates of
16 occupancy.
17 b. For purposes of all other types of development, up
18 to 80 percent of all improved lots or parcels have been sold
19 to bona fide third-party purchasers or when 80 percent of all
20 of the development has receive certificates of occupancy, or,
21 when no certificates of occupancy are required for the use of
22 the development, when 80 percent of the physical development
23 activity or construction has occurred.
24 c. For purposes of satisfying the 80 percent standard,
25 the development and approval actions listed in
26 sub-subparagraphs a. and b. may be added together.
27 5. "Sharing of infrastructure" means the voluntary
28 joint use by two or more developments of internal roadways,
29 internal recreational facilities or parks, amenities, or
30 water, sewage, or drainage facilities specifically constructed
31
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1 to accommodate the developments sought to be aggregated.
2 Shared infrastructure does not include:
3 a. Any joint or shared use of private or public
4 infrastructure specifically required under an established
5 policy of general applicability as set forth under a
6 comprehensive plan adopted pursuant to chapter 163, an adopted
7 local government ordinance or resolution, state statute, or
8 adopted rule of regional or state regulatory agencies;
9 b. Any joint or shared use of public recreational
10 facilities or parks so long as they were not conveyed by a
11 person with a significant legal or equitable interest in the
12 developments sought to be aggregated;
13 c. Any joint or shared use of publicly financed
14 drainage or stormwater management facilities, roadways, or
15 water or sewer facilities that were not constructed or
16 financed specifically to accommodate the developments
17 considered for aggregation; or
18 d. Design features, financial arrangements, donations,
19 or construction that is specified in and required by an
20 agreement under paragraph (f).
21 6. "Common advertising scheme of promotional plan"
22 means any depiction, illustration, or announcement that
23 indicates a shared commercial promotion of two or more
24 developments as components of a single development and is
25 designed to encourage sales or leases of property.
26 7. "Same person" includes an individual; two or more
27 persons having a joint or common economic interest; a
28 corporation or foreign corporation; an unincorporated
29 association; a business trust; an estate; a partnership; a
30 trust; and a subsidiary or other entity that has a joint or
31 common economic interest with a corporation.
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1 (b)(a) The criteria of two of the following
2 subparagraphs must be met in order for the state land planning
3 agency to determine that there is a unified plan of
4 development:
5 1.a. The same person has retained or shared control of
6 the developments;
7 b. The same person has ownership or a significant
8 legal or equitable interest in the developments; or
9 c. There is common management of the developments
10 controlling the form of physical development or disposition of
11 parcels of the development.
12 2. There is a reasonable closeness in time between the
13 completion of 80 percent or less of one development and the
14 submission to a governmental agency of a master plan or series
15 of plans or drawings for the other development which is
16 indicative of a common development effort.
17 3. A master plan or series of plans or drawings exists
18 covering the developments sought to be aggregated which have
19 been submitted to a local general-purpose government, water
20 management district, the Florida Department of Environmental
21 Protection, or the Division of Florida Land Sales,
22 Condominiums, and Mobile Homes for authorization to commence
23 development. The existence or implementation of a utility's
24 master utility plan required by the Public Service Commission
25 or general-purpose local government or a master drainage plan
26 shall not be the sole determinant of the existence of a master
27 plan.
28 4. The voluntary sharing of infrastructure that is
29 indicative of a common development effort or is designated
30 specifically to accommodate the developments sought to be
31 aggregated, except that which was implemented because it was
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1 required by a local general-purpose government; water
2 management district; the Department of Environmental
3 Protection; the Division of Florida Land Sales, Condominiums,
4 and Mobile Homes; or the Public Service Commission.
5 5. There is a common advertising scheme or promotional
6 plan in effect for the developments sought to be aggregated.
7 (c)(b) The following activities or circumstances shall
8 not be considered in determining whether to aggregate two or
9 more developments:
10 1. Activities undertaken leading to the adoption or
11 amendment of any comprehensive plan element described in part
12 II of chapter 163.
13 2. The sale of unimproved parcels of land, where the
14 seller does not retain significant control of the future
15 development of the parcels.
16 3. The fact that the same lender has a financial
17 interest, including one acquired through foreclosure, in two
18 or more parcels, so long as the lender is not an active
19 participant in the planning, management, or development of the
20 parcels in which it has an interest.
21 4. Drainage improvements that are not designed to
22 accommodate the types of development listed in the guidelines
23 and standards contained in or adopted pursuant to this chapter
24 or which are not designed specifically to accommodate the
25 developments sought to be aggregated.
26 (d)(c) Aggregation is not applicable when the
27 following circumstances and provisions of this chapter are
28 applicable:
29 1. Developments which are otherwise subject to
30 aggregation with a development of regional impact which has
31 received approval through the issuance of a final development
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1 order shall not be aggregated with the approved development of
2 regional impact. However, nothing contained in this
3 subparagraph shall preclude the state land planning agency
4 from evaluating an allegedly separate development as a
5 substantial deviation pursuant to s. 380.06(19) or as an
6 independent development of regional impact.
7 2. Two or more developments, each of which is
8 independently a development of regional impact that has or
9 will obtain a development order pursuant to s. 380.06.
10 3. Completion of any development that has been vested
11 pursuant to s. 380.05 or s. 380.06, including vested rights
12 arising out of agreements entered into with the state land
13 planning agency for purposes of resolving vested rights
14 issues. Development-of-regional-impact review of additions to
15 vested developments of regional impact shall not include
16 review of the impacts resulting from the vested portions of
17 the development.
18 4. The developments sought to be aggregated were
19 authorized to commence development prior to September 1, 1988,
20 and could not have been required to be aggregated under the
21 law existing prior to that date.
22 (e)(d) The provisions of this subsection shall be
23 applied prospectively from September 1, 1988. Written
24 decisions, agreements, and binding letters of interpretation
25 made or issued by the state land planning agency prior to July
26 1, 1988, shall not be affected by this subsection.
27 (f)(e) In order to encourage developers to design,
28 finance, donate, or build infrastructure, public facilities,
29 or services, the state land planning agency may enter into
30 binding agreements with two or more developers providing that
31 the joint planning, sharing, or use of specified public
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1 infrastructure, facilities, or services by the developers
2 shall not be considered in any subsequent determination of
3 whether a unified plan of development exists for their
4 developments. Such binding agreements may authorize the
5 developers to pool impact fees or impact-fee credits, or to
6 enter into front-end agreements, or other financing
7 arrangements by which they collectively agree to design,
8 finance, donate, or build such public infrastructure,
9 facilities, or services. Such agreements shall be conditioned
10 upon a subsequent determination by the appropriate local
11 government of consistency with the approved local government
12 comprehensive plan and land development regulations.
13 Additionally, the developers must demonstrate that the
14 provision and sharing of public infrastructure, facilities, or
15 services is in the public interest and not merely for the
16 benefit of the developments which are the subject of the
17 agreement. Developments that are the subject of an agreement
18 pursuant to this paragraph shall be aggregated if the state
19 land planning agency determines that sufficient aggregation
20 factors are present to require aggregation without considering
21 the design features, financial arrangements, donations, or
22 construction that are specified in and required by the
23 agreement.
24 (g)(f) The state land planning agency has authority to
25 adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
26 the provisions of this subsection.
27 Section 7. (1) Nothing contained in this act abridges
28 or modifies any vested or other right or any duty or
29 obligation pursuant to any development order or agreement that
30 is applicable to a development of regional impact on the
31 effective date of this act. A development that has received a
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1 development-of-regional-impact development order pursuant to
2 section 380.06, Florida Statutes, but is no longer required to
3 undergo development-of-regional-impact review by operation of
4 this act, shall be governed by the following procedures:
5 (a) The development shall continue to be governed by
6 the development-of-regional-impact development order and may
7 be completed in reliance upon and pursuant to the development
8 order. The development-of-regional-impact development order
9 may be enforced by the local government as provided by
10 sections 380.06(17) and 380.11, Florida Statutes.
11 (b) If requested by the developer or landowner, the
12 development-of-regional-impact development order may be
13 amended or rescinded by the local government consistent with
14 the local comprehensive plan and land development regulations,
15 and pursuant to the local government procedures governing
16 local development orders.
17 (2) A development with an application for development
18 approval pending, and determined sufficient pursuant to
19 section 380.06(10), Florida Statutes, on the effective date of
20 this act, or a notification of proposed change pending on the
21 effective date of this act, may elect to continue such review
22 pursuant to section 380.06, Florida Statutes. At the
23 conclusion of the pending review, including any appeals
24 pursuant to section 380.07, Florida Statutes, the resulting
25 development order shall be governed by the provisions of
26 subsection (1).
27 Section 8. Section 235.1851, Florida Statutes, is
28 created to read:
29 235.1851 Educational facilities benefit districts.--
30 (1) It is the intent of the Legislature to encourage
31 and authorize public cooperation among district school boards,
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1 affected local general purpose governments, and benefited
2 private interests in order to implement financing for timely
3 construction and maintenance of school facilities, including
4 facilities identified in individual district facilities work
5 programs or proposed by approved charter schools. It is the
6 further intent of the Legislature to provide efficient
7 alternative mechanisms and incentives to allow for sharing
8 costs of educational facilities necessary to accommodate new
9 growth and development among public agencies, including
10 district school boards, affected local general purpose
11 governments, and benefited private development interests.
12 (2) The Legislature hereby authorizes the creation of
13 educational facilities benefit districts pursuant to
14 interlocal cooperation agreements between a district school
15 board and all local general purpose governments within whose
16 jurisdiction a district is located. The purpose of
17 educational facilities benefit districts is to assist in
18 financing the construction and maintenance of educational
19 facilities.
20 (3)(a) An educational facilities benefit district may
21 be created pursuant to this act and chapters 125, 163, 166,
22 and 189. An educational facilities benefit district charter
23 may be created by a county or municipality by entering into an
24 interlocal agreement, as authorized by s. 163.01, with the
25 district school board and any local general purpose government
26 within whose jurisdiction a portion of the district is located
27 and adoption of an ordinance that includes all provisions
28 contained within s. 189.4041. The creating entity shall be
29 the local general purpose government within whose boundaries a
30 majority of the educational facilities benefit district's
31 lands are located.
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1 (b) Creation of any educational facilities benefit
2 district shall be conditioned upon the consent of the district
3 school board, all local general purpose governments within
4 whose jurisdiction any portion of the educational facilities
5 benefit district is located, and all landowners within the
6 district. The membership of the governing board of any
7 educational facilities benefit district shall include
8 representation of the district school board, each cooperating
9 local general purpose government, and the landowners within
10 the district. In the case of an educational facilities
11 benefit district's decision to create a charter school, the
12 board of directors of the charter school shall constitute the
13 members of the governing board for the educational facilities
14 benefit district.
15 (4) The educational facilities benefit district shall
16 have, and its governing board may exercise, the following
17 powers:
18 (a) To finance and construct educational facilities
19 within the district's boundaries.
20 (b) To sue and be sued in the name of the district; to
21 adopt and use a seal and authorize the use of a facsimile
22 thereof; to acquire, by purchase, gift, devise, or otherwise,
23 and to dispose of real and personal property or any estate
24 therein; and to make and execute contracts and other
25 instruments necessary or convenient to the exercise of its
26 powers.
27 (c) To apply for coverage of its employees under the
28 Florida Retirement System in the same manner as if such
29 employees were state employees, subject to necessary action by
30 the district to pay employer contributions into the state
31 retirement fund.
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1 (d) To contract for the services of consultants to
2 perform planning, engineering, legal, or other appropriate
3 services of a professional nature. Such contracts shall be
4 subject to the public bidding or competitive negotiations
5 required of local general purpose governments.
6 (e) To borrow money and accept gifts; to apply for
7 unused grants or loans of money or other property from the
8 United States, the state, a unit of local government, or any
9 person for any district purposes and enter into agreements
10 required in connection therewith; and to hold, use, and
11 dispose of such moneys or property for any district purposes
12 in accordance with the terms of the gift, grant, loan, or
13 agreement relating thereto.
14 (f) To adopt resolutions and polices prescribing the
15 powers, duties, and functions of the officers of the district,
16 the conduct of the business of the district, and the
17 maintenance of records and documents of the district.
18 (g) To maintain an office at such place or places as
19 it may designate within the district or within the boundaries
20 of the local general purpose government that created the
21 district.
22 (h) To hold, control, and acquire by donation,
23 purchase, or condemnation pursuant to chapter 73 or chapter 74
24 if authorized by all governmental entities that are party to
25 the interlocal agreement, or dispose of any public easements,
26 dedication to public use, platted reservations for public
27 purposes, or any reservations for those purposes authorized by
28 this act and to make use of such easements, dedications, or
29 reservations for any of the purposes authorized by this act.
30 (i) To lease as lessor or lessee to or from any
31 person, firm, corporation, association, or body, public or
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1 private, any projects of the type that the district is
2 authorized to undertake and facilities or property of any
3 nature for use of the district to carry out any of the
4 purposes authorized by this act.
5 (j) To borrow money and issue bonds, certificates,
6 warrants, notes, or other evidence of indebtedness pursuant to
7 this act for periods not longer than 30 years, provided such
8 bonds, certificates, warrants, notes, or other indebtedness
9 shall only be guaranteed by non-ad valorem assessments legally
10 imposed by the district and other available sources of funds
11 provided in this act and shall not pledge the full faith and
12 credit of any local general purpose government or the district
13 school board.
14 (k) To cooperate with or contract with other
15 governmental agencies as may be necessary, convenient,
16 incidental, or proper in connection with any of the powers,
17 duties, or purposes authorized by this act and to accept
18 funding from local and state agencies as provided in this act.
19 (l) To levy, impose, collect, and enforce non-ad
20 valorem assessments, as defined by s. 197.3632(1)(d), pursuant
21 to this act, chapters 125 and 166, and ss. 197.3631, 197.3632,
22 and 197.3635.
23 (m) To exercise all powers necessary, convenient,
24 incidental, or proper in connection with any of the powers,
25 duties, or purposes authorized by this act.
26 (5) As an alternative to the creation of an
27 educational facilities benefit district, the Legislature
28 hereby recognizes and encourages the consideration of
29 community development district creation pursuant to chapter
30 190 as a viable alternative for financing the construction and
31 maintenance of educational facilities as described in this
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1 act. Community development districts are therefore deemed
2 eligible for the financial enhancements available to
3 educational facilities benefit districts providing for
4 financing the construction and maintenance of educational
5 facilities pursuant to s. 235.1852. In order to receive such
6 financial enhancements, a community development district must
7 enter into an interlocal agreement with the district school
8 board and affected local general purpose governments that
9 specifies the obligations of all parties to the agreement.
10 Section 9. Section 235.1852, Florida Statutes, is
11 created to read:
12 235.1852 Local funding for educational facilities
13 benefit districts or community development districts.--Upon
14 confirmation by a district school board of the commitment of
15 revenues by an educational facilities benefit district or
16 community development district necessary to construct and
17 maintain an educational facility contained within an
18 individual district facilities work program or proposed by an
19 approved charter school, the following funds shall be provided
20 to the educational facilities benefit district or community
21 development district annually, beginning with the next fiscal
22 year after confirmation until the district's financial
23 obligations are completed:
24 (1) An annual amount equal to 1 mill of taxation for
25 all taxable property within the educational facilities benefit
26 district or community development district, contributed by the
27 district school board.
28 (2) All educational facilities impact fee revenue
29 collected for new development within the educational
30 facilities benefit district or community development district.
31
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1 Section 10. Section 235.1853, Florida Statutes, is
2 created to read:
3 235.1853 Educational facilities benefit district or
4 community development district facility utilization.--All
5 facilities funded pursuant to this act shall reflect the
6 racial balance of the school district pursuant to state and
7 federal law. However, to the extent allowable pursuant to
8 state and federal law, the interlocal agreement providing for
9 the establishment of the educational facilities benefit
10 district or the interlocal agreement between the community
11 development district and the district school board and
12 affected local general purpose governments may provide for the
13 district school board to establish school attendance zones
14 that allow students residing within a reasonable distance of
15 facilities financed through the interlocal agreement to attend
16 such facilities.
17 Section 11. This act shall take effect upon becoming a
18 law.
19
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25
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2228
3
4 The bill makes a number of changes to Part II of chapter 163,
the Local Government Comprehensive Planning and Land
5 Development Act, and the Development-of-Regional-Impact
program contained in Part I of chapter 380, F.S. In addition,
6 the bill authorizes the creation of educational facilities
benefit districts for the purposes of financing school
7 construction through the levy of special assessments within an
educational facilities benefit district or a community
8 development district.
9 The bill revises provisions governing the regulation of
intensity of use by local governments in the future land
10 use element of their local government comprehensive
plans.
11
The bill provides that the concurrency requirement,
12 except for transportation facilities, as implemented in
local government comprehensive plans, may be waived by a
13 local government for urban infill and redevelopment
areas, if such waiver does not endanger public health or
14 safety as defined by the local government in its local
government comprehensive plan.
15
By January 1, 2004, local governments within counties
16 with a population of 100,000 or greater are required to
inventory their service delivery agreements and identify
17 deficits or duplication in the provision of services. In
addition, by February 1, 2003 representatives of
18 municipalities and counties are to recommend statutory
changes regarding annexation to the Legislature.
19
This bill revises the process for adoption of local
20 government comprehensive plans or plan amendments
decreasing the timeframes required for state review in
21 some circumstances. In addition, the bill allows the
Department of Community Affairs to publish notices of
22 intent on the Internet in addition to legal notice
advertising as an alternative to publishing larger and
23 more expensive newspaper advertisements.
24 The bill makes a number of changes to the
development-of-regional-impact program. The bill revises
25 the definition of what is not considered development
under the DRI process; and provides a bright line test
26 for developments that are at or below 100 percent of DRI
thresholds by providing that they are not DRIs and are
27 not required to go through the review process. The bill
provides for biennial reports on DRIs rather than annual
28 reports, unless otherwise specified. The bill provides a
bright line test for buildout extensions by providing
29 that an extension of less than 6 years is not a
substantial deviation. The bill eliminates acreage
30 standards for office development and retail developments
and modifies thresholds for multiuse development. The
31 bill exempts petroleum storage facilities and any
renovation or redevelopment within the same land parcel
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2002 CS for SB 2228
316-2335-02
1 which does not change land use or increase density or
intensity of use from DRI review under specified
2 circumstances. Finally, the bill provides definitions
that are relevant to whether two or more developments
3 represent a unified plan of development which should be
treated as a single development for purposes of
4 development-of-regional-impact review.
5 The bill authorizes counties and municipalities to create
educational facilities benefit districts (benefit
6 districts) by entering into an interlocal agreement with
the school board and any local general purpose government
7 within whose jurisdiction a portion of the benefit
district is located for the purpose of financing school
8 construction through the levy of special assessments. The
bill also authorizes community development districts
9 (CDDs) to receive the financial enhancements available to
benefit districts.
10
Upon confirmation by a school board of commitment of
11 revenues by a benefit district or CDD necessary to
construct and maintain an educational facility within an
12 individual District Facilities Work Program or proposed
by an approved Charter School, the benefit district or
13 CDD receives, until the benefit district's financial
obligations are complete:
14
1) an annual amount equal to one mill of taxation
15 for all taxable property within the benefit district
or CDD to be paid to the school district.
16
2) all education facilities impact fee revenue
17 collected for new development within the benefit
district or CDD
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CODING: Words stricken are deletions; words underlined are additions.