SENATE AMENDMENT
Bill No. SB 546
Amendment No. 2 Barcode 481402
CHAMBER ACTION
Senate House
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11 The Committee on Comprehensive Planning recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Paragraph (e) of subsection (19) of section
19 380.06, Florida Statutes, is amended to read:
20 380.06 Developments of regional impact.--
21 (19) SUBSTANTIAL DEVIATIONS.--
22 (e)1. Except for a development order rendered pursuant
23 to subsection (22) or subsection (25), a proposed change to a
24 development order that individually or cumulatively with any
25 previous change is less than any numerical criterion contained
26 in subparagraphs (b)1.-15. and does not exceed any other
27 criterion, or that involves an extension of the buildout date
28 of a development, or any phase thereof, of less than 5 years
29 is not subject to the public hearing requirements of
30 subparagraph (f)3., and is not subject to a determination
31 pursuant to subparagraph (f)5. Notice of the proposed change
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SENATE AMENDMENT
Bill No. SB 546
Amendment No. 2 Barcode 481402
1 shall be made to the regional planning council and the state
2 land planning agency. Such notice shall include a description
3 of previous individual changes made to the development,
4 including changes previously approved by the local government,
5 and shall include appropriate amendments to the development
6 order.
7 2. The following changes, individually or cumulatively
8 with any previous changes, are not substantial deviations:
9 a. Changes in the name of the project, developer,
10 owner, or monitoring official.
11 b. Changes to a setback that do not affect noise
12 buffers, environmental protection or mitigation areas, or
13 archaeological or historical resources.
14 c. Changes to minimum lot sizes.
15 d. Changes in the configuration of internal roads that
16 do not affect external access points.
17 e. Changes to the building design or orientation that
18 stay approximately within the approved area designated for
19 such building and parking lot, and which do not affect
20 historical buildings designated as significant by the Division
21 of Historical Resources of the Department of State.
22 f. Changes to increase the acreage in the development,
23 provided that no development is proposed on the acreage to be
24 added.
25 g. Changes to eliminate an approved land use, provided
26 that there are no additional regional impacts.
27 h. Changes required to conform to permits approved by
28 any federal, state, or regional permitting agency, provided
29 that these changes do not create additional regional impacts.
30 i. Any renovation or redevelopment of development
31 within a previously approved development of regional impact
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SENATE AMENDMENT
Bill No. SB 546
Amendment No. 2 Barcode 481402
1 which does not change land use or increase density or
2 intensity of use.
3 j. Any other change which the state land planning
4 agency agrees in writing is similar in nature, impact, or
5 character to the changes enumerated in sub-subparagraphs a.-i.
6 and which does not create the likelihood of any additional
7 regional impact.
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9 This subsection does not require a development order amendment
10 for any change listed in sub-subparagraphs a.-j. unless such
11 issue is addressed either in the existing development order or
12 in the application for development approval, but, in the case
13 of the application, only if, and in the manner in which, the
14 application is incorporated in the development order.
15 3. Except for the change authorized by
16 sub-subparagraph 2.f., any addition of land not previously
17 reviewed or any change not specified in paragraph (b) or
18 paragraph (c) shall be presumed to create a substantial
19 deviation. This presumption may be rebutted by clear and
20 convincing evidence.
21 4. Any submittal of a proposed change to a previously
22 approved development shall include a description of individual
23 changes previously made to the development, including changes
24 previously approved by the local government. The local
25 government shall consider the previous and current proposed
26 changes in deciding whether such changes cumulatively
27 constitute a substantial deviation requiring further
28 development-of-regional-impact review.
29 5. The following changes to an approved development of
30 regional impact shall be presumed to create a substantial
31 deviation. Such presumption may be rebutted by clear and
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SENATE AMENDMENT
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1 convincing evidence.
2 a. A change proposed for 15 percent or more of the
3 acreage to a land use not previously approved in the
4 development order. Changes of less than 15 percent shall be
5 presumed not to create a substantial deviation.
6 b. Except for the types of uses listed in subparagraph
7 (b)16., any change which would result in the development of
8 any area which was specifically set aside in the application
9 for development approval or in the development order for
10 preservation, buffers, or special protection, including
11 habitat for plant and animal species, archaeological and
12 historical sites, dunes, and other special areas.
13 c. Notwithstanding any provision of paragraph (b) to
14 the contrary, a proposed change consisting of simultaneous
15 increases and decreases of at least two of the uses within an
16 authorized multiuse development of regional impact which was
17 originally approved with three or more uses specified in s.
18 380.0651(3)(c), (d), (f), and (g) and residential use.
19 6. Notwithstanding the provisions of this subsection,
20 a multimodal transit station that includes a light or heavy
21 rail station and is proposed to be developed on land located
22 in an approved development of regional impact is not a
23 substantial deviation and may be approved by local government,
24 provided that nontransit uses of the multimodal transit
25 station are complementary or accessory to the station or are
26 amenities for transit patrons.
27 Section 2. This act shall take effect upon becoming a
28 law.
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SENATE AMENDMENT
Bill No. SB 546
Amendment No. 2 Barcode 481402
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Delete everything before the enacting clause
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5 and insert:
6 A bill to be entitled
7 An act relating to developments of regional
8 impact; providing an exception to substantial
9 deviation provisions for certain multimodal
10 transit stations; providing an effective date.
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