Senate Bill sb1174

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    Florida Senate - 2004                                  SB 1174

    By Senator Bennett





    21-844-04

  1                      A bill to be entitled

  2         An act relating to developments of regional

  3         impact; amending s. 380.06, F.S.; providing for

  4         a reduction in the issues that must be included

  5         in an application for development approval;

  6         revising the requirements for development

  7         orders; revising requirements for development

  8         orders that require a contribution of land or

  9         public facilities; deleting provisions

10         prohibiting a local government from issuing a

11         permit for development subsequent to the

12         termination date contained in a development

13         order; revising certain thresholds under which

14         a proposed change to a previously approved

15         development constitutes a substantial deviation

16         and is subject to review as a development of

17         regional impact; requiring the state land

18         planning agency to adopt rules; revising the

19         criteria under which certain marinas and

20         waterports are exempt from review; providing an

21         effective date.

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  Subsections (1), (15), (19), (23), and (24)

26  of section 380.06, Florida Statutes, are amended to read:

27         380.06  Developments of regional impact.--

28         (1)  DEFINITION.--The term "development of regional

29  impact," as used in this section, means any development that

30  which, because of its character, magnitude, or location, would

31  have a substantial effect upon the health, safety, or welfare

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 1  of residents citizens of more than one county. Each

 2  application for development approval filed after July 1, 2004,

 3  need provide only information and analysis for regionally

 4  significant multijurisdictional issues that are not reviewed

 5  by resource agencies, such as a water management district, the

 6  Fish and Wildlife Conservation Commission, or the Department

 7  of Environmental Protection. Additional issues may not be

 8  included in the regional analysis report or in the development

 9  order.

10         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

11         (a)  The appropriate local government shall render a

12  decision on the application within 30 days after the hearing

13  unless an extension is requested by the developer.

14         (b)  When possible, local governments shall issue

15  development orders concurrently with any other local permits

16  or development approvals that may be applicable to the

17  proposed development.

18         (c)  The development order shall include findings of

19  fact and conclusions of law consistent with subsections (13)

20  and (14). The development order:

21         1.  Shall specify the monitoring procedures and the

22  local official responsible for assuring compliance by the

23  developer with the development order.

24         2.  Shall establish compliance dates for the

25  development order, including a deadline for commencing

26  physical development and for compliance with conditions of

27  approval or phasing requirements, and shall include a

28  termination date that reasonably reflects the time required to

29  complete the development.

30         3.  Shall establish a date until which the local

31  government agrees that the approved development of regional

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 1  impact shall not be subject to amendment of the comprehensive

 2  plan, downzoning, unit density reduction, or intensity

 3  reduction, unless the local government can demonstrate that

 4  substantial adverse changes in the conditions underlying the

 5  approval of the development order have occurred, or the

 6  development order was based on substantially inaccurate

 7  information provided by the developer, or that the change is

 8  clearly established by local government to be essential to

 9  prevent an imminent danger to the public health, safety, or

10  welfare.

11         4.  Shall specify the requirements for the biennial

12  report designated under subsection (18), including the date of

13  submission, parties to whom the report is submitted, and

14  contents of the report, based upon the rules adopted by the

15  state land planning agency.  Such rules shall specify the

16  scope of any additional local requirements that may be

17  necessary for the report.

18         5.  May specify the types of changes to the development

19  which shall require submission for a substantial deviation

20  determination under subsection (19).

21         5.6.  Shall include a legal description of the

22  property.

23         (d)  Conditions of a development order that require a

24  developer to contribute land for a public facility or

25  construct, expand, or pay for land acquisition or construction

26  or expansion of a public facility, or portion thereof, shall

27  meet the following criteria:

28         1.  The need to construct new facilities or add to the

29  present system of public facilities must be reasonably

30  attributable to the proposed development.

31  

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 1         2.  Any contribution of funds, land, or public

 2  facilities required from the developer shall be comparable to

 3  the amount of funds, land, or public facilities that the state

 4  or the local government would reasonably expect to expend or

 5  provide, based on projected costs of comparable projects, to

 6  mitigate the impacts reasonably attributable to the proposed

 7  development.

 8         3.  Any funds or lands contributed must be expressly

 9  designated and used to mitigate impacts reasonably

10  attributable and beneficial to the proposed development in

11  proportion to its contribution.

12         4.  Construction or expansion of a public facility by a

13  nongovernmental developer as a condition of a development

14  order to mitigate the impacts reasonably attributable to the

15  proposed development is not subject to competitive bidding or

16  competitive negotiation for selection of a contractor or

17  design professional for any part of the construction or design

18  unless required by the local government that issues the

19  development order.

20         (e)1.  Effective July 1, 1986, a local government shall

21  not include, as a development order condition for a

22  development of regional impact, any requirement that a

23  developer contribute or pay for land acquisition or

24  construction or expansion of public facilities or portions

25  thereof unless the local government has enacted and has

26  uniformly enforced a local ordinance that which requires all

27  other development not subject to this section to contribute a

28  its proportionate share of the funds, land, or public

29  facilities necessary to accommodate any impacts having a

30  rational nexus to the proposed development, and the need to

31  construct new facilities or add to the present system of

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 1  public facilities must be reasonably attributable to the

 2  proposed development and must be timely provided to the

 3  proposed development so that it provides benefits in

 4  proportion to its contribution.

 5         2.  A local government shall not approve a development

 6  of regional impact that does not make adequate provision for

 7  the public facilities needed to accommodate the impacts of the

 8  proposed development unless the local government includes in

 9  the development order a commitment by the local government to

10  provide these facilities consistently with the development

11  schedule approved in the development order; however, a local

12  government's failure to meet the requirements of subparagraph

13  1. and this subparagraph shall not preclude the issuance of a

14  development order where adequate provision is made by the

15  developer for the public facilities needed to accommodate the

16  impacts of the proposed development.  Any funds or lands

17  contributed by a developer must be expressly designated and

18  used to accommodate impacts reasonably attributable and

19  beneficial to the proposed development in proportion to its

20  contribution.

21         3.  The Department of Community Affairs and other state

22  and regional agencies involved in the administration and

23  implementation of this act may not impose or recommend the

24  imposition of any requirement or condition, including, but not

25  limited to, impact fees, land dedication, contribution, or

26  other exaction, except as specifically authorized by law. Such

27  agencies shall cooperate and work with units of local

28  government in preparing and adopting local impact fee and

29  other contribution ordinances of uniform application to all

30  development within the local government's jurisdiction.

31  

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 1         (f)  Notice of the adoption of a development order or

 2  the subsequent amendments to an adopted development order

 3  shall be recorded by the developer, in accordance with s.

 4  28.222, with the clerk of the circuit court for each county in

 5  which the development is located.  The notice shall include a

 6  legal description of the property covered by the order and

 7  shall state which unit of local government adopted the

 8  development order, the date of adoption, the date of adoption

 9  of any amendments to the development order, the location where

10  the adopted order with any amendments may be examined, and

11  that the development order constitutes a land development

12  regulation applicable to the property. The recording of this

13  notice shall not constitute a lien, cloud, or encumbrance on

14  real property, or actual or constructive notice of any such

15  lien, cloud, or encumbrance.  This paragraph applies only to

16  developments initially approved under this section after July

17  1, 1980.

18         (g)  A local government shall not issue permits for

19  development subsequent to the termination date or expiration

20  date contained in the development order unless:

21         1.  The proposed development has been evaluated

22  cumulatively with existing development under the substantial

23  deviation provisions of subsection (19) subsequent to the

24  termination or expiration date;

25         2.  The proposed development is consistent with an

26  abandonment of development order that has been issued in

27  accordance with the provisions of subsection (26); or

28         3.  The project has been determined to be an

29  essentially built-out development of regional impact through

30  an agreement executed by the developer, the state land

31  planning agency, and the local government, in accordance with

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 1  s. 380.032, which will establish the terms and conditions

 2  under which the development may be continued.  If the project

 3  is determined to be essentially built-out, development may

 4  proceed pursuant to the s. 380.032 agreement after the

 5  termination or expiration date contained in the development

 6  order without further development-of-regional-impact review

 7  subject to the local government comprehensive plan and land

 8  development regulations or subject to a modified

 9  development-of-regional-impact analysis.  As used in this

10  paragraph, an "essentially built-out" development of regional

11  impact means:

12         a.  The development is in compliance with all

13  applicable terms and conditions of the development order

14  except the built-out date; and

15         b.(I)  The amount of development that remains to be

16  built is less than the substantial deviation threshold

17  specified in paragraph (19)(b) for each individual land use

18  category, or, for a multiuse development, the sum total of all

19  unbuilt land uses as a percentage of the applicable

20  substantial deviation threshold is equal to or less than 100

21  percent; or

22         (II)  The state land planning agency and the local

23  government have agreed in writing that the amount of

24  development to be built does not create the likelihood of any

25  additional regional impact not previously reviewed.

26         (g)(h)  If the property is annexed by another local

27  jurisdiction, the annexing jurisdiction shall amend its

28  comprehensive plan and land development regulations and adopt

29  a new development order that incorporates all previous rights

30  and obligations specified in the prior development order.

31         (19)  SUBSTANTIAL DEVIATIONS.--

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 1         (a)  Any proposed change to a previously approved

 2  development which creates a reasonable likelihood of

 3  additional regional impact, or any type of regional impact

 4  created by the change not previously reviewed by the regional

 5  planning agency, shall constitute a substantial deviation and

 6  shall cause the development to be subject to further

 7  development-of-regional-impact review. There are a variety of

 8  reasons why a developer may wish to propose changes to an

 9  approved development of regional impact, including changed

10  market conditions.  The procedures set forth in this

11  subsection are for that purpose.

12         (b)  Effective July 1, 2004, any proposed change to a

13  previously approved development of regional impact or

14  development order condition which, either individually or

15  cumulatively with other changes, exceeds any of the following

16  criteria shall constitute a substantial deviation and shall

17  cause the development to be subject to further

18  development-of-regional-impact review without the necessity

19  for a finding of same by the local government:

20         1.  An increase in the number of parking spaces at an

21  attraction or recreational facility by 10 5 percent or 300

22  spaces, whichever is greater, or an increase in the number of

23  spectators that may be accommodated at such a facility by 10 5

24  percent or 1,500 1,000 spectators, whichever is greater.

25         2.  A new runway, a new terminal facility, a 25-percent

26  lengthening of an existing runway, or a 25-percent increase in

27  the number of gates of an existing terminal, but only if the

28  increase adds at least three additional gates.  However, if an

29  airport is located in two counties, a 10-percent lengthening

30  of an existing runway or a 20-percent increase in the number

31  of gates of an existing terminal is the applicable criteria.

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 1         3.  An increase in the number of hospital beds by 5

 2  percent or 60 beds, whichever is greater.

 3         4.  An increase in industrial development area by 5

 4  percent or 32 acres, whichever is greater.

 5         5.  An increase in the average annual acreage mined by

 6  5 percent or 10 acres, whichever is greater, or an increase in

 7  the average daily water consumption by a mining operation by 5

 8  percent or 300,000 gallons, whichever is greater.  An increase

 9  in the size of the mine by 5 percent or 750 acres, whichever

10  is less.

11         6.  An increase in land area for office development by

12  5 percent or an increase of gross floor area of office

13  development by 5 percent or 60,000 gross square feet,

14  whichever is greater.

15         7.  An increase in the storage capacity for chemical or

16  petroleum storage facilities by 5 percent, 20,000 barrels, or

17  7 million pounds, whichever is greater.

18         8.  An increase of development at a waterport of wet

19  storage for 20 watercraft, dry storage for 30 watercraft, or

20  wet/dry storage for 60 watercraft in an area identified in the

21  state marina siting plan as an appropriate site for additional

22  waterport development or a 5-percent increase in watercraft

23  storage capacity, whichever is greater.

24         8.9.  An increase in the number of dwelling units by 10

25  5 percent or 100 50 dwelling units, whichever is greater.

26         9.10.  An increase in commercial development by 75,000

27  50,000 square feet of gross floor area or of parking spaces

28  provided for customers for 450 300 cars or a 10-percent

29  5-percent increase of either of these, whichever is greater.

30         10.11.  An increase in hotel or motel facility units by

31  5 percent or 75 units, whichever is greater.

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 1         11.12.  An increase in a recreational vehicle park area

 2  by 5 percent or 100 vehicle spaces, whichever is less.

 3         12.13.  A decrease in the area set aside for open space

 4  of 5 percent or 20 acres, whichever is less.

 5         13.14.  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 150 100 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 150

11  100 percent has been reached or exceeded.

12         14.15.  A 25-percent 15-percent increase in the number

13  of external vehicle trips generated by the development above

14  that which was projected during the original

15  development-of-regional-impact review.

16         15.16.  Any change that which would result in

17  development of any area which was specifically set aside in

18  the application for development approval or in the development

19  order for preservation or special protection of endangered or

20  threatened plants or animals designated as endangered,

21  threatened, or species of special concern and their habitat,

22  primary dunes, or archaeological and historical sites

23  designated as significant by the Division of Historical

24  Resources of the Department of State.  The further refinement

25  of such areas by survey shall be considered under

26  sub-subparagraph (e)5.b.

27  

28  The substantial deviation numerical standards in subparagraphs

29  4., 6., 9., 13. 10., 14., excluding residential uses, and 14.

30  15., are increased by 100 percent for a project certified

31  under s. 403.973 which creates jobs and meets criteria

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 1  established by the Office of Tourism, Trade, and Economic

 2  Development as to its impact on an area's economy, employment,

 3  and prevailing wage and skill levels. The substantial

 4  deviation numerical standards in subparagraphs 4., 6., 8., 9.,

 5  10., and 13. 9., 10., 11., and 14. are increased by 50 percent

 6  for a project located wholly within an urban infill and

 7  redevelopment area designated on the applicable adopted local

 8  comprehensive plan future land use map and not located within

 9  the coastal high hazard area.

10         (c)  An extension of the date of buildout of a

11  development, or any phase thereof, by 7 or more years shall be

12  presumed to create a substantial deviation subject to further

13  development-of-regional-impact review.  An extension of the

14  date of buildout, or any phase thereof, of 5 years or more but

15  less than 7 years shall be presumed not to create a

16  substantial deviation. These presumptions may be rebutted by

17  clear and convincing evidence at the public hearing held by

18  the local government.  An extension of less than 7 5 years is

19  not a substantial deviation. For the purpose of calculating

20  when a buildout, phase, or termination date has been exceeded,

21  the time shall be tolled during the pendency of administrative

22  or judicial proceedings relating to development permits.  Any

23  extension of the buildout date of a project or a phase thereof

24  shall automatically extend the commencement date of the

25  project, the termination date of the development order, the

26  expiration date of the development of regional impact, and the

27  phases thereof by a like period of time.

28         (d)  A change in the plan of development of an approved

29  development of regional impact resulting from requirements

30  imposed by the Department of Environmental Protection or any

31  water management district created by s. 373.069 or any of

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 1  their successor agencies or by any appropriate federal

 2  regulatory agency shall be submitted to the local government

 3  pursuant to this subsection. The change does shall be presumed

 4  not to create a substantial deviation subject to further

 5  development-of-regional-impact review. The presumption may be

 6  rebutted by clear and convincing evidence at the public

 7  hearing held by the local government.

 8         (e)1.  Except for a development order rendered pursuant

 9  to subsection (22) or subsection (25), a proposed change to a

10  development order that individually or cumulatively with any

11  previous change is less than any numerical criterion contained

12  in subparagraphs (b)1.-14. (b)1.-15. and does not exceed any

13  other criterion, or that involves an extension of the buildout

14  date of a development, or any phase thereof, of less than 5

15  years is not subject to the public hearing requirements of

16  subparagraph (f)3., and is not subject to a determination

17  pursuant to subparagraph (f)5. Notice of the proposed change

18  shall be made to the regional planning council and the state

19  land planning agency. Such notice shall include a description

20  of previous individual changes made to the development,

21  including changes previously approved by the local government,

22  and shall include appropriate amendments to the development

23  order.

24         2.  The following changes, individually or cumulatively

25  with any previous changes, are not substantial deviations:

26         a.  Changes in the name of the project, developer,

27  owner, or monitoring official.

28         b.  Changes to a setback that do not affect noise

29  buffers, environmental protection or mitigation areas, or

30  archaeological or historical resources.

31         c.  Changes to minimum lot sizes.

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 1         d.  Changes in the configuration of internal roads that

 2  do not affect external access points.

 3         e.  Changes to the building design or orientation that

 4  stay approximately within the approved area designated for

 5  such building and parking lot, and which do not affect

 6  historical buildings designated as significant by the Division

 7  of Historical Resources of the Department of State.

 8         f.  Changes to increase the acreage in the development,

 9  provided that no development is proposed on the acreage to be

10  added.

11         g.  Changes to eliminate an approved land use, provided

12  that there are no additional regional impacts.

13         h.  Changes required to conform to permits approved by

14  any federal, state, or regional permitting agency, provided

15  that these changes do not create additional regional impacts.

16         i.  Any renovation or redevelopment of development

17  within a previously approved development of regional impact

18  which does not change land use or increase density or

19  intensity of use.

20         j.  Any other change which the state land planning

21  agency agrees in writing is similar in nature, impact, or

22  character to the changes enumerated in sub-subparagraphs a.-i.

23  and which does not create the likelihood of any additional

24  regional impact.

25  

26  This subsection does not require a development order amendment

27  for any change listed in sub-subparagraphs a.-j. unless such

28  issue is addressed either in the existing development order or

29  in the application for development approval, but, in the case

30  of the application, only if, and in the manner in which, the

31  application is incorporated in the development order.

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 1         3.  Except for the change authorized by

 2  sub-subparagraph 2.f., any addition of contiguous land not

 3  previously reviewed or any change not specified in paragraph

 4  (b) or paragraph (c) may not shall be presumed to create a

 5  substantial deviation unless additional development approval

 6  is requested.  This presumption may be rebutted by clear and

 7  convincing evidence.

 8         4.  Any submittal of a proposed change to a previously

 9  approved development shall include a description of individual

10  changes previously made to the development, including changes

11  previously approved by the local government.  The local

12  government shall consider the previous and current proposed

13  changes in deciding whether such changes cumulatively

14  constitute a substantial deviation requiring further

15  development-of-regional-impact review.

16         5.  The following changes to an approved development of

17  regional impact shall be presumed to create a substantial

18  deviation.  Such presumption may be rebutted by clear and

19  convincing evidence.

20         a.  A change proposed for 25 15 percent or more of the

21  acreage to a land use not previously approved in the

22  development order.  Changes of less than 25 15 percent do

23  shall be presumed not to create a substantial deviation.

24         b.  Except for the types of uses listed in subparagraph

25  (b)15. (b)16., any change that which would result in the

26  development of any area that which was specifically set aside

27  in the application for development approval or in the

28  development order for preservation, buffers, or special

29  protection, including habitat for plant and animal species,

30  archaeological and historical sites, dunes, and other special

31  areas.

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 1         c.  Notwithstanding any provision of paragraph (b) to

 2  the contrary, a proposed change consisting of simultaneous

 3  increases and decreases of at least two of the uses within an

 4  authorized multiuse development of regional impact which was

 5  originally approved with three or more uses specified in s.

 6  380.0651(3)(c), (d), (f), and (g) and residential use.

 7         (f)1.  The state land planning agency shall establish

 8  by rule standard forms for submittal of proposed changes to a

 9  previously approved development of regional impact which may

10  require further development-of-regional-impact review.  At a

11  minimum, the standard form shall require the developer to

12  provide the precise language that the developer proposes to

13  delete or add as an amendment to the development order.

14         2.  The developer shall submit, simultaneously, to the

15  local government, the regional planning agency, and the state

16  land planning agency the request for approval of a proposed

17  change.

18         3.  No sooner than 30 days but No later than 30 45 days

19  after submittal by the developer to the local government, the

20  state land planning agency, and the appropriate regional

21  planning agency, the local government shall give 15 days'

22  notice and schedule a public hearing to consider the change

23  that the developer asserts does not create a substantial

24  deviation. This public hearing shall be held within 60 90 days

25  after submittal of the proposed changes, unless that time is

26  extended by the developer.

27         4.  The appropriate regional planning agency or the

28  state land planning agency shall review the proposed change

29  and, no later than 30 45 days after submittal by the developer

30  of the proposed change, unless that time is extended by the

31  developer, and prior to the public hearing at which the

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 1  proposed change is to be considered, shall advise the local

 2  government in writing whether it objects to the proposed

 3  change, shall specify the reasons for its objection, if any,

 4  and shall provide a copy to the developer.

 5         5.  Within 15 days after submittal by the developer of

 6  the proposed change At the public hearing, the local

 7  government shall determine whether the proposed change

 8  requires further development-of-regional-impact review. The

 9  provisions of paragraphs (a) and (e), the thresholds set forth

10  in paragraph (b), and the presumptions set forth in paragraphs

11  (c) and (d) and subparagraph (e)3. shall be applicable in

12  determining whether further development-of-regional-impact

13  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. Such

22  approval is entitled to complete vesting and does not divest

23  any of the approvals provided for the original development of

24  regional impact. The decision of the local government to

25  approve, with or without conditions, or to deny the proposed

26  change that the developer asserts does not require further

27  review shall be subject to the appeal provisions of s. 380.07.

28  However, the state land planning agency may not appeal the

29  local government decision if it did not comply with

30  subparagraph 4.  The state land planning agency may not appeal

31  a change to a development order made pursuant to subparagraph

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 1  (e)1. or subparagraph (e)2. for developments of regional

 2  impact approved after January 1, 1980, unless the change would

 3  result in a significant impact to a regionally significant

 4  archaeological, historical, or natural resource not previously

 5  identified in the original development-of-regional-impact

 6  review.

 7         (g)  If a proposed change requires further

 8  development-of-regional-impact review pursuant to this

 9  section, the review shall be conducted subject to the

10  following additional conditions:

11         1.  The development-of-regional-impact review conducted

12  by the appropriate regional planning agency shall address only

13  those issues raised by the proposed change except as provided

14  in subparagraph 2.

15         2.  The regional planning agency shall consider, and

16  the local government shall determine whether to approve,

17  approve with conditions, or deny the proposed change as it

18  relates to the entire development.  If the local government

19  determines that the proposed change, as it relates to the

20  entire development, is unacceptable, the local government

21  shall deny the change.

22         3.  If the local government determines that the

23  proposed change, as it relates to the entire development,

24  should be approved, any new conditions in the amendment to the

25  development order issued by the local government shall address

26  only those issues raised by the proposed change.

27         4.  Development within the previously approved

28  development of regional impact may continue, as approved,

29  during the development-of-regional-impact review in those

30  portions of the development which are not affected by the

31  proposed change.

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 1         (h)  When further development-of-regional-impact review

 2  is required because a substantial deviation has been

 3  determined or admitted by the developer, the amendment to the

 4  development order issued by the local government shall be

 5  consistent with the requirements of subsection (15) and shall

 6  be subject to the hearing and appeal provisions of s. 380.07.

 7  The state land planning agency or the appropriate regional

 8  planning agency need not participate at the local hearing in

 9  order to appeal a local government development order issued

10  pursuant to this paragraph.

11         (23)  ADOPTION OF RULES BY STATE LAND PLANNING

12  AGENCY.--

13         (a)  The state land planning agency shall adopt rules

14  to ensure uniform review of developments of regional impact by

15  the state land planning agency and regional planning agencies

16  under this section.  These rules shall be adopted pursuant to

17  chapter 120 and shall include all forms, application content,

18  and review guidelines necessary to implement

19  development-of-regional-impact reviews.  The state land

20  planning agency, in consultation with the regional planning

21  agencies, may also designate types of development or areas

22  suitable for development in which reduced information

23  requirements for development-of-regional-impact review shall

24  apply. Effective July 1, 2004, the rules must reflect that the

25  development-of-regional-impact review is limited to the

26  regionally significant multijurisdictional issues that are not

27  reviewed by resource agencies, such as a water management

28  district, the Fish and Wildlife Conservation Commission, and

29  the Department of Environmental Protection. Effective July 1,

30  2004, the minimum threshold for development-of-regional-impact

31  review is 1,000 residential dwelling units.

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 1         (b)  Regional planning agencies shall be subject to

 2  rules adopted by the state land planning agency.  At the

 3  request of a regional planning council, the state land

 4  planning agency may adopt by rule different standards for a

 5  specific comprehensive planning district upon a finding that

 6  the statewide standard is inadequate to protect or promote the

 7  regional interest at issue. If such a regional standard is

 8  adopted by the state land planning agency, the regional

 9  standard shall be applied to all pertinent

10  development-of-regional-impact reviews conducted in that

11  region until rescinded.

12         (c)  By July 1, 2004 Within 6 months of the effective

13  date of this section, the state land planning agency shall

14  adopt modified rules that which:

15         1.  Establish uniform statewide standards for

16  development-of-regional-impact review.

17         2.  Establish a short application for development

18  approval form which eliminates issues and questions for any

19  project in a jurisdiction with an adopted local comprehensive

20  plan that is in compliance.

21         3.  Limit the questions in the application for

22  development approval pursuant to subsection (1) and paragraph

23  (a).

24         (d)  Regional planning agencies that perform

25  development-of-regional-impact and Florida Quality Development

26  review are authorized to assess and collect fees to fund the

27  costs, direct and indirect, of conducting the review process.

28  The state land planning agency shall adopt rules to provide

29  uniform criteria for the assessment and collection of such

30  fees.  The rules providing uniform criteria shall not be

31  subject to rule challenge under s. 120.56(2) or to drawout

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 1  proceedings under s. 120.54(3)(c)2., but, once adopted, shall

 2  be subject to an invalidity challenge under s. 120.56(3) by

 3  substantially affected persons. Until the state land planning

 4  agency adopts a rule implementing this paragraph, rules of the

 5  regional planning councils currently in effect regarding fees

 6  shall remain in effect. Fees may vary in relation to the type

 7  and size of a proposed project, but shall not exceed $75,000,

 8  unless the state land planning agency, after reviewing any

 9  disputed expenses charged by the regional planning agency,

10  determines that said expenses were reasonable and necessary

11  for an adequate regional review of the impacts of a project.

12         (24)  STATUTORY EXEMPTIONS.--

13         (a)  Any proposed hospital that which has a designed

14  capacity of not more than 100 beds is exempt from the

15  provisions of this section.

16         (b)  Any proposed electrical transmission line or

17  electrical power plant is exempt from the provisions of this

18  section, except any steam or solar electrical generating

19  facility of less than 50 megawatts in capacity attached to a

20  development of regional impact.

21         (c)  Any proposed addition to an existing sports

22  facility complex is exempt from the provisions of this section

23  if the addition meets the following characteristics:

24         1.  It would not operate concurrently with the

25  scheduled hours of operation of the existing facility.

26         2.  Its seating capacity would be no more than 75

27  percent of the capacity of the existing facility.

28         3.  The sports facility complex property is owned by a

29  public body prior to July 1, 1983.

30  

31  This exemption does not apply to any pari-mutuel facility.

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 1         (d)  Any proposed addition or cumulative additions

 2  subsequent to July 1, 1988, to an existing sports facility

 3  complex owned by a state university is exempt if the increased

 4  seating capacity of the complex is no more than 30 percent of

 5  the capacity of the existing facility.

 6         (e)  Any addition of permanent seats or parking spaces

 7  for an existing sports facility located on property owned by a

 8  public body prior to July 1, 1973, is exempt from the

 9  provisions of this section if future additions do not expand

10  existing permanent seating or parking capacity more than 15

11  percent annually in excess of the prior year's capacity.

12         (f)  Any increase in the seating capacity of an

13  existing sports facility having a permanent seating capacity

14  of at least 50,000 spectators is exempt from the provisions of

15  this section, provided that such an increase does not increase

16  permanent seating capacity by more than 5 percent per year and

17  not to exceed a total of 10 percent in any 5-year period, and

18  provided that the sports facility notifies the appropriate

19  local government within which the facility is located of the

20  increase at least 6 months prior to the initial use of the

21  increased seating, in order to permit the appropriate local

22  government to develop a traffic management plan for the

23  traffic generated by the increase.  Any traffic management

24  plan shall be consistent with the local comprehensive plan,

25  the regional policy plan, and the state comprehensive plan.

26         (g)  Any expansion in the permanent seating capacity or

27  additional improved parking facilities of an existing sports

28  facility is exempt from the provisions of this section, if the

29  following conditions exist:

30  

31  

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 1         1.a.  The sports facility had a permanent seating

 2  capacity on January 1, 1991, of at least 41,000 spectator

 3  seats;

 4         b.  The sum of such expansions in permanent seating

 5  capacity does not exceed a total of 10 percent in any 5-year

 6  period and does not exceed a cumulative total of 20 percent

 7  for any such expansions; or

 8         c.  The increase in additional improved parking

 9  facilities is a one-time addition and does not exceed 3,500

10  parking spaces serving the sports facility; and

11         2.  The local government having jurisdiction of the

12  sports facility includes in the development order or

13  development permit approving such expansion under this

14  paragraph a finding of fact that the proposed expansion is

15  consistent with the transportation, water, sewer and

16  stormwater drainage provisions of the approved local

17  comprehensive plan and local land development regulations

18  relating to those provisions.

19  

20  Any owner or developer who intends to rely on this statutory

21  exemption shall provide to the department a copy of the local

22  government application for a development permit.  Within 45

23  days after of receipt of the application, the department shall

24  render to the local government an advisory and nonbinding

25  opinion, in writing, stating whether, in the department's

26  opinion, the prescribed conditions exist for an exemption

27  under this paragraph.  The local government shall render the

28  development order approving each such expansion to the

29  department.  The owner, developer, or department may appeal

30  the local government development order pursuant to s. 380.07,

31  within 45 days after the order is rendered.  The scope of

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 1  review shall be limited to the determination of whether the

 2  conditions prescribed in this paragraph exist.  If any sports

 3  facility expansion undergoes development of regional impact

 4  review, all previous expansions which were exempt under this

 5  paragraph shall be included in the development of regional

 6  impact review.

 7         (h)  Expansion to port harbors, spoil disposal sites,

 8  navigation channels, turning basins, harbor berths, and other

 9  related inwater harbor facilities of ports listed in s.

10  403.021(9)(b), port transportation facilities and projects

11  listed in s. 311.07(3)(b), and intermodal transportation

12  facilities identified pursuant to s. 311.09(3) are exempt from

13  the provisions of this section when such expansions, projects,

14  or facilities are consistent with comprehensive master plans

15  that are in compliance with the provisions of s. 163.3178.

16         (i)  Any proposed facility for the storage of any

17  petroleum product or any expansion of an existing facility is

18  exempt from the provisions of this section, if the facility is

19  consistent with a local comprehensive plan that is in

20  compliance with s. 163.3177 or is consistent with a

21  comprehensive port master plan that is in compliance with s.

22  163.3178.

23         (j)  Any renovation or redevelopment within the same

24  land parcel which does not change land use or increase density

25  or intensity of use.

26         (k)  A marina or waterport that is expanded or

27  constructed after July 1, 2004, and that has fewer than 300

28  vehicular parking spaces is exempt from this section unless

29  the marina or waterport is located in one of the counties

30  enumerated in s. 370.12 where a manatee protection plan has

31  not been adopted by the board of county commissioners. 1.  Any

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 1  waterport or marina development is exempt from the provisions

 2  of this section if the relevant county or municipality has

 3  adopted a boating facility siting plan or policy which

 4  includes applicable criteria, considering such factors as

 5  natural resources, manatee protection needs and recreation and

 6  economic demands as generally outlined in the Bureau of

 7  Protected Species Management Boat Facility Siting Guide, dated

 8  August 2000, into the coastal management or land use element

 9  of its comprehensive plan. The adoption of boating facility

10  siting plans or policies into the comprehensive plan is exempt

11  from the provisions of s. 163.3187(1). Any waterport or marina

12  development within the municipalities or counties with boating

13  facility siting plans or policies that meet the above

14  criteria, adopted prior to April 1, 2002, are exempt from the

15  provisions of this section, when their boating facility siting

16  plan or policy is adopted as part of the relevant local

17  government's comprehensive plan.

18         2.  Within 6 months of the effective date of this law,

19  the Department of Community Affairs, in conjunction with the

20  Department of Environmental Protection and the Florida Fish

21  and Wildlife Conservation Commission, shall provide technical

22  assistance and guidelines, including model plans, policies and

23  criteria to local governments for the development of their

24  siting plans.

25         Section 2.  This act shall take effect July 1, 2004.

26  

27  

28  

29  

30  

31  

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 1            *****************************************

 2                          SENATE SUMMARY

 3    Revises various provisions governing developments of
      regional impact. Limits the issues that must be included
 4    in an application for development approval. Revises the
      requirements for development orders. Deletes certain
 5    exceptions under which a local government is prohibited
      from issuing a permit for development subsequent to the
 6    termination date contained in a development order.
      Revises thresholds pertaining to development that
 7    constitutes a substantial deviation. Revises rule
      adoption authority. Revises criteria exempting certain
 8    marinas and waterports from review. (See bill for
      details.)
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