| 1 | A bill to be entitled |
| 2 | An act relating to developments of regional impact; |
| 3 | amending s. 380.06, F.S.; providing that applications for |
| 4 | development approval filed after a certain date need only |
| 5 | provide information and analysis for certain specified |
| 6 | issues; revising requirements and criteria for development |
| 7 | orders; requiring certain required contributions to a |
| 8 | proposed development to provide a proportional benefit to |
| 9 | the development; prohibiting the Department of Community |
| 10 | Affairs from imposing or recommending any requirement or |
| 11 | condition not authorized by law; limiting the |
| 12 | administrative roles of the department and regional |
| 13 | planning agencies; specifying absence of certain |
| 14 | regulatory authority; deleting a prohibition against local |
| 15 | governments issuing development permits after certain |
| 16 | threshold dates in a development order; revising criteria |
| 17 | subjecting a development to further review without certain |
| 18 | findings of substantial deviation; revising rulemaking |
| 19 | requirements for the state land planning agency to |
| 20 | conform; revising criteria for development-of-regional- |
| 21 | impact review by the agency; providing requirements for |
| 22 | modified rules by the agency; providing limitations; |
| 23 | revising an exemption for certain marinas and waterports |
| 24 | under certain circumstances; amending s. 380.0651, F.S.; |
| 25 | providing for a minimum threshold for development-of- |
| 26 | regional-impact review; providing an exception; providing |
| 27 | an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Subsections (1), (15), (19), and (23) and |
| 32 | paragraphs (g) and (k) of subsection (24) of section 380.06, |
| 33 | Florida Statutes, are amended to read: |
| 34 | 380.06 Developments of regional impact.-- |
| 35 | (1) DEFINITION.--The term "development of regional |
| 36 | impact," as used in this section, means any development that |
| 37 | which, because of its character, magnitude, or location, would |
| 38 | have a substantial effect upon the health, safety, or welfare of |
| 39 | residents citizens of more than one county. Each new application |
| 40 | for development approval filed after January 1, 2005, need only |
| 41 | provide information and analysis for regionally significant |
| 42 | multijurisdictional issues that are not reviewed by resource |
| 43 | agencies such as water management districts, the Fish and |
| 44 | Wildlife Conservation Commission, or the Department of |
| 45 | Environmental Protection. Information and data analysis |
| 46 | submitted to these resource agencies shall be supplied to local |
| 47 | governments for informational purposes and comments may be |
| 48 | directed to the applicable resource agency. Issues other than |
| 49 | such regionally significant multijurisdictional issues need not |
| 50 | be included in the regional analysis report or in the |
| 51 | development order. |
| 52 | (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.-- |
| 53 | (a) The appropriate local government shall render a |
| 54 | decision on the application within 30 days after the hearing |
| 55 | unless an extension is requested by the developer. |
| 56 | (b) When possible, local governments shall issue |
| 57 | development orders concurrently with any other local permits or |
| 58 | development approvals that may be applicable to the proposed |
| 59 | development. |
| 60 | (c) The development order shall include findings of fact |
| 61 | and conclusions of law consistent with subsections (13) and |
| 62 | (14). The development order: |
| 63 | 1. Shall specify the monitoring procedures and the local |
| 64 | official responsible for assuring compliance by the developer |
| 65 | with the development order. |
| 66 | 2. Shall establish compliance dates for the development |
| 67 | order, including a deadline for commencing physical development |
| 68 | and for compliance with conditions of approval or phasing |
| 69 | requirements, and shall include a termination date that |
| 70 | reasonably reflects the time required to complete the |
| 71 | development. |
| 72 | 3. Shall establish a date until which the local government |
| 73 | agrees that the approved development of regional impact shall |
| 74 | not be subject to comprehensive plan amendment, downzoning, unit |
| 75 | density reduction, or intensity reduction, unless the local |
| 76 | government can demonstrate that substantial adverse changes in |
| 77 | the conditions underlying the approval of the development order |
| 78 | have occurred or the development order was based on |
| 79 | substantially inaccurate information provided by the developer |
| 80 | or that the change is clearly established by local government to |
| 81 | be essential to prevent harm to the public health, safety, or |
| 82 | welfare. |
| 83 | 4. Shall specify the requirements for the biennial report |
| 84 | designated under subsection (18), including the date of |
| 85 | submission, parties to whom the report is submitted, and |
| 86 | contents of the report, based upon the rules adopted by the |
| 87 | state land planning agency. Such rules shall specify the scope |
| 88 | of any additional local requirements that may be necessary for |
| 89 | the report. |
| 90 | 5. May specify the types of changes to the development |
| 91 | which shall require submission for a substantial deviation |
| 92 | determination under subsection (19). |
| 93 | 5.6. Shall include a legal description of the property. |
| 94 | (d) Conditions of a development order that require a |
| 95 | developer to contribute land for a public facility or construct, |
| 96 | expand, or pay for land acquisition or construction or expansion |
| 97 | of a public facility, or portion thereof, shall meet the |
| 98 | following criteria: |
| 99 | 1. The need to construct new facilities or add to the |
| 100 | present system of public facilities must be reasonably |
| 101 | attributable to the proposed development. |
| 102 | 2. Any contribution of funds, land, or public facilities |
| 103 | required from the developer shall be comparable to the amount of |
| 104 | funds, land, or public facilities that the state or the local |
| 105 | government would reasonably expect to expend or provide, based |
| 106 | on projected costs of comparable projects, to mitigate the |
| 107 | impacts reasonably attributable to the proposed development. |
| 108 | 3. Any funds or lands contributed must be expressly |
| 109 | designated and used to mitigate impacts reasonably attributable |
| 110 | and beneficial to the proposed development in approximate |
| 111 | proportion to its contribution. |
| 112 | 4. Construction or expansion of a public facility by a |
| 113 | nongovernmental developer as a condition of a development order |
| 114 | to mitigate the impacts reasonably attributable to the proposed |
| 115 | development is not subject to competitive bidding or competitive |
| 116 | negotiation for selection of a contractor or design professional |
| 117 | for any part of the construction or design unless required by |
| 118 | the local government that issues the development order. |
| 119 | (e)1. Effective July 1, 1986, a local government shall not |
| 120 | include, as a development order condition for a development of |
| 121 | regional impact, any requirement that a developer contribute or |
| 122 | pay for land acquisition or construction or expansion of public |
| 123 | facilities or portions thereof unless the local government has |
| 124 | enacted and consistently enforced a local ordinance that which |
| 125 | requires all other development not subject to this section to |
| 126 | contribute its proportionate share of the funds, land, or public |
| 127 | facilities necessary to accommodate any impacts having a |
| 128 | rational nexus to the proposed development, and the need to |
| 129 | construct new facilities or add to the present system of public |
| 130 | facilities must be reasonably attributable to the proposed |
| 131 | development and must be provided over a reasonable time related |
| 132 | to the proposed development's impacts. |
| 133 | 2. A local government shall not approve a development of |
| 134 | regional impact that does not make adequate provision for the |
| 135 | public facilities needed to accommodate the impacts of the |
| 136 | proposed development unless the local government includes in the |
| 137 | development order a commitment by the local government to |
| 138 | provide these facilities consistently with the development |
| 139 | schedule approved in the development order; however, a local |
| 140 | government's failure to meet the requirements of subparagraph 1. |
| 141 | and this subparagraph shall not preclude the issuance of a |
| 142 | development order where adequate provision is made by the |
| 143 | developer for the public facilities needed to accommodate the |
| 144 | impacts of the proposed development. Any funds or lands |
| 145 | contributed by a developer must be expressly designated and used |
| 146 | to accommodate impacts reasonably attributable and beneficial to |
| 147 | the proposed development in approximate proportion to its |
| 148 | contribution. |
| 149 | 3. The Department of Community Affairs and other state and |
| 150 | regional agencies involved in the administration and |
| 151 | implementation of this act may not impose or recommend the |
| 152 | imposition of any requirement or condition, including, but not |
| 153 | limited to, impact fees, land dedication, contribution, or other |
| 154 | exaction except as specifically authorized by law. Such agencies |
| 155 | shall cooperate and work with units of local government in |
| 156 | preparing and adopting local impact fee and other contribution |
| 157 | ordinances to ensure consistent application to all future |
| 158 | development within the local government's jurisdiction. The |
| 159 | roles of the department and constituent regional planning |
| 160 | agencies involved in the administration of this chapter are |
| 161 | limited to providing technical and planning assistance. This |
| 162 | chapter grants those agencies no substantive regulatory |
| 163 | authority. |
| 164 | (f) Notice of the adoption of a development order or the |
| 165 | subsequent amendments to an adopted development order shall be |
| 166 | recorded by the developer, in accordance with s. 28.222, with |
| 167 | the clerk of the circuit court for each county in which the |
| 168 | development is located. The notice shall include a legal |
| 169 | description of the property covered by the order and shall state |
| 170 | which unit of local government adopted the development order, |
| 171 | the date of adoption, the date of adoption of any amendments to |
| 172 | the development order, the location where the adopted order with |
| 173 | any amendments may be examined, and that the development order |
| 174 | constitutes a land development regulation applicable to the |
| 175 | property. The recording of this notice shall not constitute a |
| 176 | lien, cloud, or encumbrance on real property, or actual or |
| 177 | constructive notice of any such lien, cloud, or encumbrance. |
| 178 | This paragraph applies only to developments initially approved |
| 179 | under this section after July 1, 1980. |
| 180 | (g) A local government shall not issue permits for |
| 181 | development subsequent to the termination date or expiration |
| 182 | date contained in the development order unless: |
| 183 | 1. The proposed development has been evaluated |
| 184 | cumulatively with existing development under the substantial |
| 185 | deviation provisions of subsection (19) subsequent to the |
| 186 | termination or expiration date; |
| 187 | 2. The proposed development is consistent with an |
| 188 | abandonment of development order that has been issued in |
| 189 | accordance with the provisions of subsection (26); or |
| 190 | 3. The project has been determined to be an essentially |
| 191 | built-out development of regional impact through an agreement |
| 192 | executed by the developer, the state land planning agency, and |
| 193 | the local government, in accordance with s. 380.032, which will |
| 194 | establish the terms and conditions under which the development |
| 195 | may be continued. If the project is determined to be essentially |
| 196 | built-out, development may proceed pursuant to the s. 380.032 |
| 197 | agreement after the termination or expiration date contained in |
| 198 | the development order without further development-of-regional- |
| 199 | impact review subject to the local government comprehensive plan |
| 200 | and land development regulations or subject to a modified |
| 201 | development-of-regional-impact analysis. As used in this |
| 202 | paragraph, an "essentially built-out" development of regional |
| 203 | impact means: |
| 204 | a. The development is in compliance with all applicable |
| 205 | terms and conditions of the development order except the built- |
| 206 | out date; and |
| 207 | b.(I) The amount of development that remains to be built |
| 208 | is less than the substantial deviation threshold specified in |
| 209 | paragraph (19)(b) for each individual land use category, or, for |
| 210 | a multiuse development, the sum total of all unbuilt land uses |
| 211 | as a percentage of the applicable substantial deviation |
| 212 | threshold is equal to or less than 100 percent; or |
| 213 | (II) The state land planning agency and the local |
| 214 | government have agreed in writing that the amount of development |
| 215 | to be built does not create the likelihood of any additional |
| 216 | regional impact not previously reviewed. |
| 217 | (g)(h) If the property is annexed by another local |
| 218 | jurisdiction, the annexing jurisdiction shall amend its |
| 219 | comprehensive plan and land development regulations applicable |
| 220 | to the subject property and adopt a new development order that |
| 221 | incorporates all previous rights and obligations specified in |
| 222 | the prior development order. |
| 223 | (19) SUBSTANTIAL DEVIATIONS.-- |
| 224 | (a) Any proposed change to a previously approved |
| 225 | development which creates a reasonable likelihood of additional |
| 226 | regional impact, or any type of regional impact created by the |
| 227 | change not previously reviewed by the regional planning agency, |
| 228 | shall constitute a substantial deviation and shall cause the |
| 229 | development to be subject to further development-of-regional- |
| 230 | impact review. There are a variety of reasons why a developer |
| 231 | may wish to propose changes to an approved development of |
| 232 | regional impact, including changed market conditions. The |
| 233 | procedures set forth in this subsection are for that purpose. |
| 234 | (b) Effective January 1, 2005, any proposed change to a |
| 235 | previously approved development of regional impact or |
| 236 | development order condition which, either individually or |
| 237 | cumulatively with other changes, exceeds any of the following |
| 238 | criteria shall constitute a substantial deviation and shall |
| 239 | cause the development to be subject to further development-of- |
| 240 | regional-impact review without the necessity for a finding of |
| 241 | same by the local government: |
| 242 | 1. An increase in the number of parking spaces at an |
| 243 | attraction or recreational facility by 10 5 percent or 300 |
| 244 | spaces, whichever is greater, or an increase in the number of |
| 245 | spectators that may be accommodated at such a facility by 10 5 |
| 246 | percent or 1,500 1,000 spectators, whichever is greater. |
| 247 | 2. A new runway, a new terminal facility, a 25-percent |
| 248 | lengthening of an existing runway, or a 25-percent increase in |
| 249 | the number of gates of an existing terminal, but only if the |
| 250 | increase adds at least three additional gates. However, if an |
| 251 | airport is located in two counties, a 10-percent lengthening of |
| 252 | an existing runway or a 20-percent increase in the number of |
| 253 | gates of an existing terminal is the applicable criteria. |
| 254 | 3. An increase in the number of hospital beds by 5 percent |
| 255 | or 60 beds, whichever is greater. |
| 256 | 4. An increase in industrial development area by 5 percent |
| 257 | or 32 acres, whichever is greater. |
| 258 | 5. An increase in the average annual acreage mined by 5 |
| 259 | percent or 10 acres, whichever is greater, or an increase in the |
| 260 | average daily water consumption by a mining operation by 5 |
| 261 | percent or 300,000 gallons, whichever is greater. An increase in |
| 262 | the size of the mine by 5 percent or 750 acres, whichever is |
| 263 | less. |
| 264 | 6. An increase in land area for office development by 5 |
| 265 | percent or an increase of gross floor area of office development |
| 266 | by 5 percent or 60,000 gross square feet, whichever is greater. |
| 267 | 7. An increase in the storage capacity for chemical or |
| 268 | petroleum storage facilities by 5 percent, 20,000 barrels, or 7 |
| 269 | million pounds, whichever is greater. |
| 270 | 8. An increase of development at a waterport of wet |
| 271 | storage for 20 watercraft, dry storage for 30 watercraft, or |
| 272 | wet/dry storage for 60 watercraft in an area identified in the |
| 273 | state marina siting plan as an appropriate site for additional |
| 274 | waterport development or a 15-percent 5-percent increase in |
| 275 | watercraft storage capacity, whichever is greater. |
| 276 | 9. An increase in the number of dwelling units by 10 5 |
| 277 | percent or 100 50 dwelling units, whichever is greater. |
| 278 | 10. An increase in commercial development by 75,000 50,000 |
| 279 | square feet of gross floor area or of parking spaces provided |
| 280 | for customers for 450 300 cars or a 10-percent 5-percent |
| 281 | increase of either of these, whichever is greater. |
| 282 | 11. An increase in hotel or motel facility units by 5 |
| 283 | percent or 75 units, whichever is greater. |
| 284 | 12. An increase in a recreational vehicle park area by 5 |
| 285 | percent or 100 vehicle spaces, whichever is less. |
| 286 | 13. A decrease in the area set aside for open space of 5 |
| 287 | percent or 20 acres, whichever is less. |
| 288 | 14. A proposed increase to an approved multiuse |
| 289 | development of regional impact where the sum of the increases of |
| 290 | each land use as a percentage of the applicable substantial |
| 291 | deviation criteria is equal to or exceeds 150 100 percent. The |
| 292 | percentage of any decrease in the amount of open space shall be |
| 293 | treated as an increase for purposes of determining when 150 100 |
| 294 | percent has been reached or exceeded. |
| 295 | 15. A 25-percent 15-percent increase in the number of |
| 296 | external vehicle trips generated by the development above that |
| 297 | which was projected during the original development-of-regional- |
| 298 | impact review. |
| 299 | 16. Any change that which would result in development of |
| 300 | any area which was specifically set aside in the application for |
| 301 | development approval or in the development order for |
| 302 | preservation or special protection of endangered or threatened |
| 303 | plants or animals designated as endangered, threatened, or |
| 304 | species of special concern and their habitat, primary dunes, or |
| 305 | archaeological and historical sites designated as significant by |
| 306 | the Division of Historical Resources of the Department of State. |
| 307 | The further refinement of such areas by survey shall be |
| 308 | considered under sub-subparagraph (e)5.b. |
| 309 |
|
| 310 | The substantial deviation numerical standards in subparagraphs |
| 311 | 4., 6., 10., 14., excluding residential uses, and 15., are |
| 312 | increased by 100 percent for a project certified under s. |
| 313 | 403.973 which creates jobs and meets criteria established by the |
| 314 | Office of Tourism, Trade, and Economic Development as to its |
| 315 | impact on an area's economy, employment, and prevailing wage and |
| 316 | skill levels. The substantial deviation numerical standards in |
| 317 | subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50 |
| 318 | percent for a project located wholly within an urban infill and |
| 319 | redevelopment area designated on the applicable adopted local |
| 320 | comprehensive plan future land use map and not located within |
| 321 | the coastal high hazard area. |
| 322 | (c) An extension of the date of buildout of a development, |
| 323 | or any phase thereof, by 7 or more years shall be presumed to |
| 324 | create a substantial deviation subject to further development- |
| 325 | of-regional-impact review. An extension of the date of buildout, |
| 326 | or any phase thereof, of 5 years or more but less than 7 years |
| 327 | shall be presumed not to create a substantial deviation. These |
| 328 | presumptions may be rebutted by clear and convincing evidence at |
| 329 | the public hearing held by the local government. An extension of |
| 330 | less than 7 5 years is not a substantial deviation. For the |
| 331 | purpose of calculating when a buildout, phase, or termination |
| 332 | date has been exceeded, the time shall be tolled during the |
| 333 | pendency of administrative or judicial proceedings relating to |
| 334 | development permits. Any extension of the buildout date of a |
| 335 | project or a phase thereof shall automatically extend the |
| 336 | commencement date of the project, the termination date of the |
| 337 | development order, the expiration date of the development of |
| 338 | regional impact, and the phases thereof by a like period of |
| 339 | time. |
| 340 | (d) A change in the plan of development of an approved |
| 341 | development of regional impact resulting from requirements |
| 342 | imposed by the Department of Environmental Protection or any |
| 343 | water management district created by s. 373.069 or any of their |
| 344 | successor agencies or by any appropriate federal regulatory |
| 345 | agency shall be submitted to the local government pursuant to |
| 346 | this subsection. The change does shall be presumed not to create |
| 347 | a substantial deviation subject to further development-of- |
| 348 | regional-impact review. The presumption may be rebutted by clear |
| 349 | and convincing evidence at the public hearing held by the local |
| 350 | government. |
| 351 | (e)1. Except for a development order rendered pursuant to |
| 352 | subsection (22) or subsection (25), a proposed change to a |
| 353 | development order that individually or cumulatively with any |
| 354 | previous change is less than any numerical criterion contained |
| 355 | in subparagraphs (b)1.-15. and does not exceed any other |
| 356 | criterion, or that involves an extension of the buildout date of |
| 357 | a development, or any phase thereof, of less than 7 5 years is |
| 358 | not subject to the public hearing requirements of subparagraph |
| 359 | (f)3., and is not subject to a determination pursuant to |
| 360 | subparagraph (f)5. Notice of the proposed change shall be made |
| 361 | to the regional planning council and the state land planning |
| 362 | agency. Such notice shall include a description of previous |
| 363 | individual changes made to the development, including changes |
| 364 | previously approved by the local government, and shall include |
| 365 | appropriate amendments to the development order. |
| 366 | 2. The following changes, individually or cumulatively |
| 367 | with any previous changes, are not substantial deviations: |
| 368 | a. Changes in the name of the project, developer, owner, |
| 369 | or monitoring official. |
| 370 | b. Changes to a setback that do not affect noise buffers, |
| 371 | environmental protection or mitigation areas, or archaeological |
| 372 | or historical resources. |
| 373 | c. Changes to minimum lot sizes. |
| 374 | d. Changes in the configuration of internal roads that do |
| 375 | not affect external access points. |
| 376 | e. Changes to the building design or orientation that stay |
| 377 | approximately within the approved area designated for such |
| 378 | building and parking lot, and which do not affect historical |
| 379 | buildings designated as significant by the Division of |
| 380 | Historical Resources of the Department of State. |
| 381 | f. Changes to increase the acreage in the development, |
| 382 | provided that no development is proposed on the acreage to be |
| 383 | added. |
| 384 | g. Changes to eliminate an approved land use, provided |
| 385 | that there are no additional regional impacts. |
| 386 | h. Changes required to conform to permits approved by any |
| 387 | federal, state, or regional permitting agency, provided that |
| 388 | these changes do not create additional regional impacts. |
| 389 | i. Any renovation or redevelopment of development within a |
| 390 | previously approved development of regional impact which does |
| 391 | not change land use or increase density or intensity of use. |
| 392 | j. Any other change which the state land planning agency |
| 393 | agrees in writing is similar in nature, impact, or character to |
| 394 | the changes enumerated in sub-subparagraphs a.-i. and which does |
| 395 | not create the likelihood of any additional regional impact. |
| 396 |
|
| 397 | This subsection does not require a development order amendment |
| 398 | for any change listed in sub-subparagraphs a.-j. unless such |
| 399 | issue is addressed either in the existing development order or |
| 400 | in the application for development approval, but, in the case of |
| 401 | the application, only if, and in the manner in which, the |
| 402 | application is incorporated in the development order. |
| 403 | 3. Except for the change authorized by sub-subparagraph |
| 404 | 2.f., any addition of contiguous land not previously reviewed or |
| 405 | any change not specified in paragraph (b) or paragraph (c) may |
| 406 | not shall be presumed to create a substantial deviation unless |
| 407 | additional development approval is requested. This presumption |
| 408 | may be rebutted by clear and convincing evidence. |
| 409 | 4. Any submittal of a proposed change to a previously |
| 410 | approved development shall include a description of individual |
| 411 | changes previously made to the development, including changes |
| 412 | previously approved by the local government. The local |
| 413 | government shall consider the previous and current proposed |
| 414 | changes in deciding whether such changes cumulatively constitute |
| 415 | a substantial deviation requiring further development-of- |
| 416 | regional-impact review. |
| 417 | 5. The following changes to an approved development of |
| 418 | regional impact shall be presumed to create a substantial |
| 419 | deviation. Such presumption may be rebutted by clear and |
| 420 | convincing evidence. |
| 421 | a. A change proposed for 25 15 percent or more of the |
| 422 | acreage to a land use not previously approved in the development |
| 423 | order. Changes of less than 25 15 percent do shall be presumed |
| 424 | not to create a substantial deviation. |
| 425 | b. Except for the types of uses listed in subparagraph |
| 426 | (b)16., any change that which would result in the development of |
| 427 | any area that which was specifically set aside in the |
| 428 | application for development approval or in the development order |
| 429 | for preservation, buffers, or special protection, including |
| 430 | habitat for plant and animal species, archaeological and |
| 431 | historical sites, dunes, and other special areas. |
| 432 | c. Notwithstanding any provision of paragraph (b) to the |
| 433 | contrary, a proposed change consisting of simultaneous increases |
| 434 | and decreases of at least two of the uses within an authorized |
| 435 | multiuse development of regional impact which was originally |
| 436 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 437 | (d), (f), and (g) and residential use. |
| 438 | (f)1. The state land planning agency shall establish by |
| 439 | rule standard forms for submittal of proposed changes to a |
| 440 | previously approved development of regional impact which may |
| 441 | require further development-of-regional-impact review. At a |
| 442 | minimum, the standard form shall require the developer to |
| 443 | provide the precise language that the developer proposes to |
| 444 | delete or add as an amendment to the development order. |
| 445 | 2. The developer shall submit, simultaneously, to the |
| 446 | local government, the regional planning agency, and the state |
| 447 | land planning agency the request for approval of a proposed |
| 448 | change. |
| 449 | 3. No sooner than 30 days but no later than 30 45 days |
| 450 | after submittal by the developer to the local government, the |
| 451 | state land planning agency, and the appropriate regional |
| 452 | planning agency, the local government shall give 15 days' notice |
| 453 | and schedule a public hearing to consider the change that the |
| 454 | developer asserts does not create a substantial deviation. This |
| 455 | public hearing shall be held within 75 90 days after submittal |
| 456 | of the proposed changes, unless that time is extended by the |
| 457 | developer. |
| 458 | 4. The appropriate regional planning agency or the state |
| 459 | land planning agency shall review the proposed change and, no |
| 460 | later than 30 45 days after submittal by the developer of the |
| 461 | proposed change, unless that time is extended by the developer, |
| 462 | and prior to the public hearing at which the proposed change is |
| 463 | to be considered, shall advise the local government in writing |
| 464 | whether it objects to the proposed change, shall specify the |
| 465 | reasons for its objection, if any, and shall provide a copy to |
| 466 | the developer. |
| 467 | 5. Within 15 days after submittal by the developer of the |
| 468 | proposed change At the public hearing, the local government |
| 469 | staff shall notify the developer of their recommendation |
| 470 | determine whether the proposed change requires further |
| 471 | development-of-regional-impact review. The provisions of |
| 472 | paragraphs (a) and (e), the thresholds set forth in paragraph |
| 473 | (b), and the presumptions set forth in paragraphs (c) and (d) |
| 474 | and subparagraph (e)3. shall be applicable in determining |
| 475 | whether further development-of-regional-impact review is |
| 476 | required. |
| 477 | 6. If the local government determines at the public |
| 478 | hearing that the proposed change does not require further |
| 479 | development-of-regional-impact review and is otherwise approved, |
| 480 | or if the proposed change is not subject to a hearing and |
| 481 | determination pursuant to subparagraphs 3. and 5. and is |
| 482 | otherwise approved, the local government shall issue an |
| 483 | amendment to the development order incorporating the approved |
| 484 | change and conditions of approval relating to the change. Such |
| 485 | approval is entitled to complete vesting and does not divest any |
| 486 | of the approvals provided for the original development of |
| 487 | regional impact. The decision of the local government to |
| 488 | approve, with or without conditions, or to deny the proposed |
| 489 | change that the developer asserts does not require further |
| 490 | review shall be subject to the appeal provisions of s. 380.07. |
| 491 | However, the state land planning agency may not appeal the local |
| 492 | government decision if it did not comply with subparagraph 4. |
| 493 | The state land planning agency may not appeal a change to a |
| 494 | development order made pursuant to subparagraph (e)1. or |
| 495 | subparagraph (e)2. for developments of regional impact approved |
| 496 | after January 1, 1980, unless the change would result in a |
| 497 | significant impact to a regionally significant archaeological, |
| 498 | historical, or natural resource not previously identified in the |
| 499 | original development-of-regional-impact review. |
| 500 | (g) If a proposed change requires further development-of- |
| 501 | regional-impact review pursuant to this section, the review |
| 502 | shall be conducted subject to the following additional |
| 503 | conditions: |
| 504 | 1. The development-of-regional-impact review conducted by |
| 505 | the appropriate regional planning agency shall address only |
| 506 | those issues raised by the proposed change except as provided in |
| 507 | subparagraph 2. |
| 508 | 2. The regional planning agency shall consider, and the |
| 509 | local government shall determine whether to approve, approve |
| 510 | with conditions, or deny the proposed change as it relates to |
| 511 | the entire development. If the local government determines that |
| 512 | the proposed change, as it relates to the entire development, is |
| 513 | unacceptable, the local government shall deny the change. |
| 514 | 3. If the local government determines that the proposed |
| 515 | change, as it relates to the entire development, should be |
| 516 | approved, any new conditions in the amendment to the development |
| 517 | order issued by the local government shall address only those |
| 518 | issues raised by the proposed change. |
| 519 | 4. Development within the previously approved development |
| 520 | of regional impact may continue, as approved, during the |
| 521 | development-of-regional-impact review in those portions of the |
| 522 | development which are not affected by the proposed change. |
| 523 | (h) When further development-of-regional-impact review is |
| 524 | required because a substantial deviation has been determined or |
| 525 | admitted by the developer, the amendment to the development |
| 526 | order issued by the local government shall be consistent with |
| 527 | the requirements of subsection (15) and shall be subject to the |
| 528 | hearing and appeal provisions of s. 380.07. The state land |
| 529 | planning agency or the appropriate regional planning agency need |
| 530 | not participate at the local hearing in order to appeal a local |
| 531 | government development order issued pursuant to this paragraph. |
| 532 | (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.-- |
| 533 | (a) The state land planning agency shall adopt rules to |
| 534 | ensure uniform review of developments of regional impact by the |
| 535 | state land planning agency and regional planning agencies under |
| 536 | this section. These rules shall be adopted pursuant to chapter |
| 537 | 120 and shall include all forms, application content, and review |
| 538 | guidelines necessary to implement development-of-regional-impact |
| 539 | reviews. The state land planning agency, in consultation with |
| 540 | the regional planning agencies, may also designate types of |
| 541 | development or areas suitable for development in which reduced |
| 542 | information requirements for development-of-regional-impact |
| 543 | review shall apply. Effective January 1, 2005, the rules must |
| 544 | reflect that the development-of-regional-impact review is |
| 545 | limited to the regionally significant multijurisdictional issues |
| 546 | that are not reviewed by resource agencies such as water |
| 547 | management districts, the Fish and Wildlife Conservation |
| 548 | Commission, and the Department of Environmental Protection. |
| 549 | (b) Regional planning agencies shall be subject to rules |
| 550 | adopted by the state land planning agency. At the request of a |
| 551 | regional planning council, the state land planning agency may |
| 552 | adopt by rule different standards for a specific comprehensive |
| 553 | planning district upon a finding that the statewide standard is |
| 554 | inadequate to protect or promote the regional interest at issue. |
| 555 | If such a regional standard is adopted by the state land |
| 556 | planning agency, the regional standard shall be applied to all |
| 557 | pertinent development-of-regional-impact reviews conducted in |
| 558 | that region until rescinded. |
| 559 | (c) By January 1, 2005 Within 6 months of the effective |
| 560 | date of this section, the state land planning agency shall adopt |
| 561 | modified rules that which: |
| 562 | 1. Establish uniform statewide standards for development- |
| 563 | of-regional-impact review. |
| 564 | 2. Establish a short application for development approval |
| 565 | form which eliminates issues and questions for any project in a |
| 566 | jurisdiction with an adopted local comprehensive plan that is in |
| 567 | compliance. |
| 568 | 3. Limit the questions in the application for development |
| 569 | approval pursuant to subsection (1) and paragraph (a). |
| 570 | (d) Regional planning agencies that perform development- |
| 571 | of-regional-impact and Florida Quality Development review are |
| 572 | authorized to assess and collect fees to fund the costs, direct |
| 573 | and indirect, of conducting the review process. The state land |
| 574 | planning agency shall adopt rules to provide uniform criteria |
| 575 | for the assessment and collection of such fees. The rules |
| 576 | providing uniform criteria shall not be subject to rule |
| 577 | challenge under s. 120.56(2) or to drawout proceedings under s. |
| 578 | 120.54(3)(c)2., but, once adopted, shall be subject to an |
| 579 | invalidity challenge under s. 120.56(3) by substantially |
| 580 | affected persons. Until the state land planning agency adopts a |
| 581 | rule implementing this paragraph, rules of the regional planning |
| 582 | councils currently in effect regarding fees shall remain in |
| 583 | effect. Fees may vary in relation to the type and size of a |
| 584 | proposed project, but shall not exceed $75,000, unless the state |
| 585 | land planning agency, after reviewing any disputed expenses |
| 586 | charged by the regional planning agency, determines that said |
| 587 | expenses were reasonable and necessary for an adequate regional |
| 588 | review of the impacts of a project. |
| 589 | (24) STATUTORY EXEMPTIONS.-- |
| 590 | (g) Any expansion in the permanent seating capacity or |
| 591 | additional improved parking facilities of an existing sports |
| 592 | facility is exempt from the provisions of this section, if the |
| 593 | following conditions exist: |
| 594 | 1.a. The sports facility had a permanent seating capacity |
| 595 | on January 1, 1991, of at least 41,000 spectator seats; |
| 596 | b. The sum of such expansions in permanent seating |
| 597 | capacity does not exceed a total of 10 percent in any 5-year |
| 598 | period and does not exceed a cumulative total of 20 percent for |
| 599 | any such expansions; or |
| 600 | c. The increase in additional improved parking facilities |
| 601 | is a one-time addition and does not exceed 3,500 parking spaces |
| 602 | serving the sports facility; and |
| 603 | 2. The local government having jurisdiction of the sports |
| 604 | facility includes in the development order or development permit |
| 605 | approving such expansion under this paragraph a finding of fact |
| 606 | that the proposed expansion is consistent with the |
| 607 | transportation, water, sewer and stormwater drainage provisions |
| 608 | of the approved local comprehensive plan and local land |
| 609 | development regulations relating to those provisions. |
| 610 |
|
| 611 | Any owner or developer who intends to rely on this statutory |
| 612 | exemption shall provide to the department a copy of the local |
| 613 | government application for a development permit. Within 45 days |
| 614 | after of receipt of the application, the department shall render |
| 615 | to the local government an advisory and nonbinding opinion, in |
| 616 | writing, stating whether, in the department's opinion, the |
| 617 | prescribed conditions exist for an exemption under this |
| 618 | paragraph. The local government shall render the development |
| 619 | order approving each such expansion to the department. The |
| 620 | owner, developer, or department may appeal the local government |
| 621 | development order pursuant to s. 380.07, within 45 days after |
| 622 | the order is rendered. The scope of review shall be limited to |
| 623 | the determination of whether the conditions prescribed in this |
| 624 | paragraph exist. If any sports facility expansion undergoes |
| 625 | development of regional impact review, all previous expansions |
| 626 | which were exempt under this paragraph shall be included in the |
| 627 | development of regional impact review. |
| 628 | (k)1. A marina or waterport which is not subject to a |
| 629 | development order under subsection (15) that is expanded or |
| 630 | constructed after January 1, 2005, and that has fewer than 300 |
| 631 | new vehicular parking spaces is exempt from this section unless |
| 632 | the marina or waterport is located in one of the counties |
| 633 | enumerated in s. 370.12 and a manatee protection plan or boating |
| 634 | facility siting plan has not been adopted by the board of county |
| 635 | commissioners. Any waterport or marina development is exempt |
| 636 | from the provisions of this section if the relevant county or |
| 637 | municipality has adopted a boating facility siting plan or |
| 638 | policy which includes applicable criteria, considering such |
| 639 | factors as natural resources, manatee protection needs and |
| 640 | recreation and economic demands as generally outlined in the |
| 641 | Bureau of Protected Species Management Boat Facility Siting |
| 642 | Guide, dated August 2000, into the coastal management or land |
| 643 | use element of its comprehensive plan. The adoption of boating |
| 644 | facility siting plans or policies into the comprehensive plan is |
| 645 | exempt from the provisions of s. 163.3187(1). Any waterport or |
| 646 | marina development within the municipalities or counties with |
| 647 | boating facility siting plans or policies that meet the above |
| 648 | criteria, adopted prior to April 1, 2002, are exempt from the |
| 649 | provisions of this section, when their boating facility siting |
| 650 | plan or policy is adopted as part of the relevant local |
| 651 | government's comprehensive plan. |
| 652 | 2. Within 6 months of the effective date of this law, the |
| 653 | Department of Community Affairs, in conjunction with the |
| 654 | Department of Environmental Protection and the Florida Fish and |
| 655 | Wildlife Conservation Commission, shall provide technical |
| 656 | assistance and guidelines, including model plans, policies and |
| 657 | criteria to local governments for the development of their |
| 658 | siting plans. |
| 659 | Section 2. Paragraph (j) of subsection (3) of section |
| 660 | 380.0651, Florida Statutes, is amended to read: |
| 661 | 380.0651 Statewide guidelines and standards.-- |
| 662 | (3) The following statewide guidelines and standards shall |
| 663 | be applied in the manner described in s. 380.06(2) to determine |
| 664 | whether the following developments shall be required to undergo |
| 665 | development-of-regional-impact review: |
| 666 | (j) Residential development.--No rule may be adopted |
| 667 | concerning residential developments which treats a residential |
| 668 | development in one county as being located in a less populated |
| 669 | adjacent county unless more than 25 percent of the development |
| 670 | is located within 2 or less miles of the less populated adjacent |
| 671 | county. Effective January 1, 2005, the minimum threshold for |
| 672 | development-of-regional-impact review is 1,000 residential |
| 673 | dwelling units; however, this minimum threshold is not subject |
| 674 | to the 150 percent multiplier provided to rural areas of |
| 675 | economic concern pursuant to s. 380.06(2)(e). |
| 676 | Section 3. This act shall take effect January 1, 2005. |