HB 1205

1
A bill to be entitled
2An act relating to developments of regional impact;
3amending s. 380.06, F.S.; providing that applications for
4development approval filed after a certain date need only
5provide information and analysis for certain specified
6issues; revising requirements and criteria for development
7orders; requiring certain required contributions to a
8proposed development to provide a proportional benefit to
9the development; prohibiting the Department of Community
10Affairs from imposing or recommending any requirement or
11condition not authorized by law; limiting the
12administrative roles of the department and regional
13planning agencies; specifying absence of certain
14regulatory authority; deleting a prohibition against local
15governments issuing development permits after certain
16threshold dates in a development order; revising criteria
17subjecting a development to further review without certain
18findings of substantial deviation; revising rulemaking
19requirements for the state land planning agency to
20conform; revising criteria for development-of-regional-
21impact review by the agency; providing requirements for
22modified rules by the agency; providing limitations;
23revising an exemption for certain marinas and waterports
24under certain circumstances; amending s. 380.0651, F.S.;
25providing for a minimum threshold for development-of-
26regional-impact review; providing an exception; providing
27an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Subsections (1), (15), (19), and (23) and
32paragraphs (g) and (k) of subsection (24) of section 380.06,
33Florida Statutes, are amended to read:
34     380.06  Developments of regional impact.--
35     (1)  DEFINITION.--The term "development of regional
36impact," as used in this section, means any development that
37which, because of its character, magnitude, or location, would
38have a substantial effect upon the health, safety, or welfare of
39residents citizens of more than one county. Each new application
40for development approval filed after January 1, 2005, need only
41provide information and analysis for regionally significant
42multijurisdictional issues that are not reviewed by resource
43agencies such as water management districts, the Fish and
44Wildlife Conservation Commission, or the Department of
45Environmental Protection. Information and data analysis
46submitted to these resource agencies shall be supplied to local
47governments for informational purposes and comments may be
48directed to the applicable resource agency. Issues other than
49such regionally significant multijurisdictional issues need not
50be included in the regional analysis report or in the
51development order.
52     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
53     (a)  The appropriate local government shall render a
54decision on the application within 30 days after the hearing
55unless an extension is requested by the developer.
56     (b)  When possible, local governments shall issue
57development orders concurrently with any other local permits or
58development approvals that may be applicable to the proposed
59development.
60     (c)  The development order shall include findings of fact
61and conclusions of law consistent with subsections (13) and
62(14). The development order:
63     1.  Shall specify the monitoring procedures and the local
64official responsible for assuring compliance by the developer
65with the development order.
66     2.  Shall establish compliance dates for the development
67order, including a deadline for commencing physical development
68and for compliance with conditions of approval or phasing
69requirements, and shall include a termination date that
70reasonably reflects the time required to complete the
71development.
72     3.  Shall establish a date until which the local government
73agrees that the approved development of regional impact shall
74not be subject to comprehensive plan amendment, downzoning, unit
75density reduction, or intensity reduction, unless the local
76government can demonstrate that substantial adverse changes in
77the conditions underlying the approval of the development order
78have occurred or the development order was based on
79substantially inaccurate information provided by the developer
80or that the change is clearly established by local government to
81be essential to prevent harm to the public health, safety, or
82welfare.
83     4.  Shall specify the requirements for the biennial report
84designated under subsection (18), including the date of
85submission, parties to whom the report is submitted, and
86contents of the report, based upon the rules adopted by the
87state land planning agency. Such rules shall specify the scope
88of any additional local requirements that may be necessary for
89the report.
90     5.  May specify the types of changes to the development
91which shall require submission for a substantial deviation
92determination under subsection (19).
93     5.6.  Shall include a legal description of the property.
94     (d)  Conditions of a development order that require a
95developer to contribute land for a public facility or construct,
96expand, or pay for land acquisition or construction or expansion
97of a public facility, or portion thereof, shall meet the
98following criteria:
99     1.  The need to construct new facilities or add to the
100present system of public facilities must be reasonably
101attributable to the proposed development.
102     2.  Any contribution of funds, land, or public facilities
103required from the developer shall be comparable to the amount of
104funds, land, or public facilities that the state or the local
105government would reasonably expect to expend or provide, based
106on projected costs of comparable projects, to mitigate the
107impacts reasonably attributable to the proposed development.
108     3.  Any funds or lands contributed must be expressly
109designated and used to mitigate impacts reasonably attributable
110and beneficial to the proposed development in approximate
111proportion to its contribution.
112     4.  Construction or expansion of a public facility by a
113nongovernmental developer as a condition of a development order
114to mitigate the impacts reasonably attributable to the proposed
115development is not subject to competitive bidding or competitive
116negotiation for selection of a contractor or design professional
117for any part of the construction or design unless required by
118the local government that issues the development order.
119     (e)1.  Effective July 1, 1986, a local government shall not
120include, as a development order condition for a development of
121regional impact, any requirement that a developer contribute or
122pay for land acquisition or construction or expansion of public
123facilities or portions thereof unless the local government has
124enacted and consistently enforced a local ordinance that which
125requires all other development not subject to this section to
126contribute its proportionate share of the funds, land, or public
127facilities necessary to accommodate any impacts having a
128rational nexus to the proposed development, and the need to
129construct new facilities or add to the present system of public
130facilities must be reasonably attributable to the proposed
131development and must be provided over a reasonable time related
132to the proposed development's impacts.
133     2.  A local government shall not approve a development of
134regional impact that does not make adequate provision for the
135public facilities needed to accommodate the impacts of the
136proposed development unless the local government includes in the
137development order a commitment by the local government to
138provide these facilities consistently with the development
139schedule approved in the development order; however, a local
140government's failure to meet the requirements of subparagraph 1.
141and this subparagraph shall not preclude the issuance of a
142development order where adequate provision is made by the
143developer for the public facilities needed to accommodate the
144impacts of the proposed development. Any funds or lands
145contributed by a developer must be expressly designated and used
146to accommodate impacts reasonably attributable and beneficial to
147the proposed development in approximate proportion to its
148contribution.
149     3.  The Department of Community Affairs and other state and
150regional agencies involved in the administration and
151implementation of this act may not impose or recommend the
152imposition of any requirement or condition, including, but not
153limited to, impact fees, land dedication, contribution, or other
154exaction except as specifically authorized by law. Such agencies
155shall cooperate and work with units of local government in
156preparing and adopting local impact fee and other contribution
157ordinances to ensure consistent application to all future
158development within the local government's jurisdiction. The
159roles of the department and constituent regional planning
160agencies involved in the administration of this chapter are
161limited to providing technical and planning assistance. This
162chapter grants those agencies no substantive regulatory
163authority.
164     (f)  Notice of the adoption of a development order or the
165subsequent amendments to an adopted development order shall be
166recorded by the developer, in accordance with s. 28.222, with
167the clerk of the circuit court for each county in which the
168development is located. The notice shall include a legal
169description of the property covered by the order and shall state
170which unit of local government adopted the development order,
171the date of adoption, the date of adoption of any amendments to
172the development order, the location where the adopted order with
173any amendments may be examined, and that the development order
174constitutes a land development regulation applicable to the
175property. The recording of this notice shall not constitute a
176lien, cloud, or encumbrance on real property, or actual or
177constructive notice of any such lien, cloud, or encumbrance.
178This paragraph applies only to developments initially approved
179under this section after July 1, 1980.
180     (g)  A local government shall not issue permits for
181development subsequent to the termination date or expiration
182date contained in the development order unless:
183     1.  The proposed development has been evaluated
184cumulatively with existing development under the substantial
185deviation provisions of subsection (19) subsequent to the
186termination or expiration date;
187     2.  The proposed development is consistent with an
188abandonment of development order that has been issued in
189accordance with the provisions of subsection (26); or
190     3.  The project has been determined to be an essentially
191built-out development of regional impact through an agreement
192executed by the developer, the state land planning agency, and
193the local government, in accordance with s. 380.032, which will
194establish the terms and conditions under which the development
195may be continued. If the project is determined to be essentially
196built-out, development may proceed pursuant to the s. 380.032
197agreement after the termination or expiration date contained in
198the development order without further development-of-regional-
199impact review subject to the local government comprehensive plan
200and land development regulations or subject to a modified
201development-of-regional-impact analysis. As used in this
202paragraph, an "essentially built-out" development of regional
203impact means:
204     a.  The development is in compliance with all applicable
205terms and conditions of the development order except the built-
206out date; and
207     b.(I)  The amount of development that remains to be built
208is less than the substantial deviation threshold specified in
209paragraph (19)(b) for each individual land use category, or, for
210a multiuse development, the sum total of all unbuilt land uses
211as a percentage of the applicable substantial deviation
212threshold is equal to or less than 100 percent; or
213     (II)  The state land planning agency and the local
214government have agreed in writing that the amount of development
215to be built does not create the likelihood of any additional
216regional impact not previously reviewed.
217     (g)(h)  If the property is annexed by another local
218jurisdiction, the annexing jurisdiction shall amend its
219comprehensive plan and land development regulations applicable
220to the subject property and adopt a new development order that
221incorporates all previous rights and obligations specified in
222the prior development order.
223     (19)  SUBSTANTIAL DEVIATIONS.--
224     (a)  Any proposed change to a previously approved
225development which creates a reasonable likelihood of additional
226regional impact, or any type of regional impact created by the
227change not previously reviewed by the regional planning agency,
228shall constitute a substantial deviation and shall cause the
229development to be subject to further development-of-regional-
230impact review. There are a variety of reasons why a developer
231may wish to propose changes to an approved development of
232regional impact, including changed market conditions. The
233procedures set forth in this subsection are for that purpose.
234     (b)  Effective January 1, 2005, any proposed change to a
235previously approved development of regional impact or
236development order condition which, either individually or
237cumulatively with other changes, exceeds any of the following
238criteria shall constitute a substantial deviation and shall
239cause the development to be subject to further development-of-
240regional-impact review without the necessity for a finding of
241same by the local government:
242     1.  An increase in the number of parking spaces at an
243attraction or recreational facility by 10 5 percent or 300
244spaces, whichever is greater, or an increase in the number of
245spectators that may be accommodated at such a facility by 10 5
246percent or 1,500 1,000 spectators, whichever is greater.
247     2.  A new runway, a new terminal facility, a 25-percent
248lengthening of an existing runway, or a 25-percent increase in
249the number of gates of an existing terminal, but only if the
250increase adds at least three additional gates. However, if an
251airport is located in two counties, a 10-percent lengthening of
252an existing runway or a 20-percent increase in the number of
253gates of an existing terminal is the applicable criteria.
254     3.  An increase in the number of hospital beds by 5 percent
255or 60 beds, whichever is greater.
256     4.  An increase in industrial development area by 5 percent
257or 32 acres, whichever is greater.
258     5.  An increase in the average annual acreage mined by 5
259percent or 10 acres, whichever is greater, or an increase in the
260average daily water consumption by a mining operation by 5
261percent or 300,000 gallons, whichever is greater. An increase in
262the size of the mine by 5 percent or 750 acres, whichever is
263less.
264     6.  An increase in land area for office development by 5
265percent or an increase of gross floor area of office development
266by 5 percent or 60,000 gross square feet, whichever is greater.
267     7.  An increase in the storage capacity for chemical or
268petroleum storage facilities by 5 percent, 20,000 barrels, or 7
269million pounds, whichever is greater.
270     8.  An increase of development at a waterport of wet
271storage for 20 watercraft, dry storage for 30 watercraft, or
272wet/dry storage for 60 watercraft in an area identified in the
273state marina siting plan as an appropriate site for additional
274waterport development or a 15-percent 5-percent increase in
275watercraft storage capacity, whichever is greater.
276     9.  An increase in the number of dwelling units by 10 5
277percent or 100 50 dwelling units, whichever is greater.
278     10.  An increase in commercial development by 75,000 50,000
279square feet of gross floor area or of parking spaces provided
280for customers for 450 300 cars or a 10-percent 5-percent
281increase of either of these, whichever is greater.
282     11.  An increase in hotel or motel facility units by 5
283percent or 75 units, whichever is greater.
284     12.  An increase in a recreational vehicle park area by 5
285percent or 100 vehicle spaces, whichever is less.
286     13.  A decrease in the area set aside for open space of 5
287percent or 20 acres, whichever is less.
288     14.  A proposed increase to an approved multiuse
289development of regional impact where the sum of the increases of
290each land use as a percentage of the applicable substantial
291deviation criteria is equal to or exceeds 150 100 percent. The
292percentage of any decrease in the amount of open space shall be
293treated as an increase for purposes of determining when 150 100
294percent has been reached or exceeded.
295     15.  A 25-percent 15-percent increase in the number of
296external vehicle trips generated by the development above that
297which was projected during the original development-of-regional-
298impact review.
299     16.  Any change that which would result in development of
300any area which was specifically set aside in the application for
301development approval or in the development order for
302preservation or special protection of endangered or threatened
303plants or animals designated as endangered, threatened, or
304species of special concern and their habitat, primary dunes, or
305archaeological and historical sites designated as significant by
306the Division of Historical Resources of the Department of State.
307The further refinement of such areas by survey shall be
308considered under sub-subparagraph (e)5.b.
309
310The substantial deviation numerical standards in subparagraphs
3114., 6., 10., 14., excluding residential uses, and 15., are
312increased by 100 percent for a project certified under s.
313403.973 which creates jobs and meets criteria established by the
314Office of Tourism, Trade, and Economic Development as to its
315impact on an area's economy, employment, and prevailing wage and
316skill levels. The substantial deviation numerical standards in
317subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
318percent for a project located wholly within an urban infill and
319redevelopment area designated on the applicable adopted local
320comprehensive plan future land use map and not located within
321the coastal high hazard area.
322     (c)  An extension of the date of buildout of a development,
323or any phase thereof, by 7 or more years shall be presumed to
324create a substantial deviation subject to further development-
325of-regional-impact review. An extension of the date of buildout,
326or any phase thereof, of 5 years or more but less than 7 years
327shall be presumed not to create a substantial deviation. These
328presumptions may be rebutted by clear and convincing evidence at
329the public hearing held by the local government. An extension of
330less than 7 5 years is not a substantial deviation. For the
331purpose of calculating when a buildout, phase, or termination
332date has been exceeded, the time shall be tolled during the
333pendency of administrative or judicial proceedings relating to
334development permits. Any extension of the buildout date of a
335project or a phase thereof shall automatically extend the
336commencement date of the project, the termination date of the
337development order, the expiration date of the development of
338regional impact, and the phases thereof by a like period of
339time.
340     (d)  A change in the plan of development of an approved
341development of regional impact resulting from requirements
342imposed by the Department of Environmental Protection or any
343water management district created by s. 373.069 or any of their
344successor agencies or by any appropriate federal regulatory
345agency shall be submitted to the local government pursuant to
346this subsection. The change does shall be presumed not to create
347a substantial deviation subject to further development-of-
348regional-impact review. The presumption may be rebutted by clear
349and convincing evidence at the public hearing held by the local
350government.
351     (e)1.  Except for a development order rendered pursuant to
352subsection (22) or subsection (25), a proposed change to a
353development order that individually or cumulatively with any
354previous change is less than any numerical criterion contained
355in subparagraphs (b)1.-15. and does not exceed any other
356criterion, or that involves an extension of the buildout date of
357a development, or any phase thereof, of less than 7 5 years is
358not subject to the public hearing requirements of subparagraph
359(f)3., and is not subject to a determination pursuant to
360subparagraph (f)5. Notice of the proposed change shall be made
361to the regional planning council and the state land planning
362agency. Such notice shall include a description of previous
363individual changes made to the development, including changes
364previously approved by the local government, and shall include
365appropriate amendments to the development order.
366     2.  The following changes, individually or cumulatively
367with any previous changes, are not substantial deviations:
368     a.  Changes in the name of the project, developer, owner,
369or monitoring official.
370     b.  Changes to a setback that do not affect noise buffers,
371environmental protection or mitigation areas, or archaeological
372or historical resources.
373     c.  Changes to minimum lot sizes.
374     d.  Changes in the configuration of internal roads that do
375not affect external access points.
376     e.  Changes to the building design or orientation that stay
377approximately within the approved area designated for such
378building and parking lot, and which do not affect historical
379buildings designated as significant by the Division of
380Historical Resources of the Department of State.
381     f.  Changes to increase the acreage in the development,
382provided that no development is proposed on the acreage to be
383added.
384     g.  Changes to eliminate an approved land use, provided
385that there are no additional regional impacts.
386     h.  Changes required to conform to permits approved by any
387federal, state, or regional permitting agency, provided that
388these changes do not create additional regional impacts.
389     i.  Any renovation or redevelopment of development within a
390previously approved development of regional impact which does
391not change land use or increase density or intensity of use.
392     j.  Any other change which the state land planning agency
393agrees in writing is similar in nature, impact, or character to
394the changes enumerated in sub-subparagraphs a.-i. and which does
395not create the likelihood of any additional regional impact.
396
397This subsection does not require a development order amendment
398for any change listed in sub-subparagraphs a.-j. unless such
399issue is addressed either in the existing development order or
400in the application for development approval, but, in the case of
401the application, only if, and in the manner in which, the
402application is incorporated in the development order.
403     3.  Except for the change authorized by sub-subparagraph
4042.f., any addition of contiguous land not previously reviewed or
405any change not specified in paragraph (b) or paragraph (c) may
406not shall be presumed to create a substantial deviation unless
407additional development approval is requested. This presumption
408may be rebutted by clear and convincing evidence.
409     4.  Any submittal of a proposed change to a previously
410approved development shall include a description of individual
411changes previously made to the development, including changes
412previously approved by the local government. The local
413government shall consider the previous and current proposed
414changes in deciding whether such changes cumulatively constitute
415a substantial deviation requiring further development-of-
416regional-impact review.
417     5.  The following changes to an approved development of
418regional impact shall be presumed to create a substantial
419deviation. Such presumption may be rebutted by clear and
420convincing evidence.
421     a.  A change proposed for 25 15 percent or more of the
422acreage to a land use not previously approved in the development
423order. Changes of less than 25 15 percent do shall be presumed
424not 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
427any area that which was specifically set aside in the
428application for development approval or in the development order
429for preservation, buffers, or special protection, including
430habitat for plant and animal species, archaeological and
431historical sites, dunes, and other special areas.
432     c.  Notwithstanding any provision of paragraph (b) to the
433contrary, a proposed change consisting of simultaneous increases
434and decreases of at least two of the uses within an authorized
435multiuse development of regional impact which was originally
436approved 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
439rule standard forms for submittal of proposed changes to a
440previously approved development of regional impact which may
441require further development-of-regional-impact review. At a
442minimum, the standard form shall require the developer to
443provide the precise language that the developer proposes to
444delete or add as an amendment to the development order.
445     2.  The developer shall submit, simultaneously, to the
446local government, the regional planning agency, and the state
447land planning agency the request for approval of a proposed
448change.
449     3.  No sooner than 30 days but no later than 30 45 days
450after submittal by the developer to the local government, the
451state land planning agency, and the appropriate regional
452planning agency, the local government shall give 15 days' notice
453and schedule a public hearing to consider the change that the
454developer asserts does not create a substantial deviation. This
455public hearing shall be held within 75 90 days after submittal
456of the proposed changes, unless that time is extended by the
457developer.
458     4.  The appropriate regional planning agency or the state
459land planning agency shall review the proposed change and, no
460later than 30 45 days after submittal by the developer of the
461proposed change, unless that time is extended by the developer,
462and prior to the public hearing at which the proposed change is
463to be considered, shall advise the local government in writing
464whether it objects to the proposed change, shall specify the
465reasons for its objection, if any, and shall provide a copy to
466the developer.
467     5.  Within 15 days after submittal by the developer of the
468proposed change At the public hearing, the local government
469staff shall notify the developer of their recommendation
470determine whether the proposed change requires further
471development-of-regional-impact review. The provisions of
472paragraphs (a) and (e), the thresholds set forth in paragraph
473(b), and the presumptions set forth in paragraphs (c) and (d)
474and subparagraph (e)3. shall be applicable in determining
475whether further development-of-regional-impact review is
476required.
477     6.  If the local government determines at the public
478hearing that the proposed change does not require further
479development-of-regional-impact review and is otherwise approved,
480or if the proposed change is not subject to a hearing and
481determination pursuant to subparagraphs 3. and 5. and is
482otherwise approved, the local government shall issue an
483amendment to the development order incorporating the approved
484change and conditions of approval relating to the change. Such
485approval is entitled to complete vesting and does not divest any
486of the approvals provided for the original development of
487regional impact. The decision of the local government to
488approve, with or without conditions, or to deny the proposed
489change that the developer asserts does not require further
490review shall be subject to the appeal provisions of s. 380.07.
491However, the state land planning agency may not appeal the local
492government decision if it did not comply with subparagraph 4.
493The state land planning agency may not appeal a change to a
494development order made pursuant to subparagraph (e)1. or
495subparagraph (e)2. for developments of regional impact approved
496after January 1, 1980, unless the change would result in a
497significant impact to a regionally significant archaeological,
498historical, or natural resource not previously identified in the
499original development-of-regional-impact review.
500     (g)  If a proposed change requires further development-of-
501regional-impact review pursuant to this section, the review
502shall be conducted subject to the following additional
503conditions:
504     1.  The development-of-regional-impact review conducted by
505the appropriate regional planning agency shall address only
506those issues raised by the proposed change except as provided in
507subparagraph 2.
508     2.  The regional planning agency shall consider, and the
509local government shall determine whether to approve, approve
510with conditions, or deny the proposed change as it relates to
511the entire development. If the local government determines that
512the proposed change, as it relates to the entire development, is
513unacceptable, the local government shall deny the change.
514     3.  If the local government determines that the proposed
515change, as it relates to the entire development, should be
516approved, any new conditions in the amendment to the development
517order issued by the local government shall address only those
518issues raised by the proposed change.
519     4.  Development within the previously approved development
520of regional impact may continue, as approved, during the
521development-of-regional-impact review in those portions of the
522development which are not affected by the proposed change.
523     (h)  When further development-of-regional-impact review is
524required because a substantial deviation has been determined or
525admitted by the developer, the amendment to the development
526order issued by the local government shall be consistent with
527the requirements of subsection (15) and shall be subject to the
528hearing and appeal provisions of s. 380.07. The state land
529planning agency or the appropriate regional planning agency need
530not participate at the local hearing in order to appeal a local
531government 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
534ensure uniform review of developments of regional impact by the
535state land planning agency and regional planning agencies under
536this section. These rules shall be adopted pursuant to chapter
537120 and shall include all forms, application content, and review
538guidelines necessary to implement development-of-regional-impact
539reviews. The state land planning agency, in consultation with
540the regional planning agencies, may also designate types of
541development or areas suitable for development in which reduced
542information requirements for development-of-regional-impact
543review shall apply. Effective January 1, 2005, the rules must
544reflect that the development-of-regional-impact review is
545limited to the regionally significant multijurisdictional issues
546that are not reviewed by resource agencies such as water
547management districts, the Fish and Wildlife Conservation
548Commission, and the Department of Environmental Protection.
549     (b)  Regional planning agencies shall be subject to rules
550adopted by the state land planning agency. At the request of a
551regional planning council, the state land planning agency may
552adopt by rule different standards for a specific comprehensive
553planning district upon a finding that the statewide standard is
554inadequate to protect or promote the regional interest at issue.
555If such a regional standard is adopted by the state land
556planning agency, the regional standard shall be applied to all
557pertinent development-of-regional-impact reviews conducted in
558that region until rescinded.
559     (c)  By January 1, 2005 Within 6 months of the effective
560date of this section, the state land planning agency shall adopt
561modified rules that which:
562     1.  Establish uniform statewide standards for development-
563of-regional-impact review.
564     2.  Establish a short application for development approval
565form which eliminates issues and questions for any project in a
566jurisdiction with an adopted local comprehensive plan that is in
567compliance.
568     3.  Limit the questions in the application for development
569approval pursuant to subsection (1) and paragraph (a).
570     (d)  Regional planning agencies that perform development-
571of-regional-impact and Florida Quality Development review are
572authorized to assess and collect fees to fund the costs, direct
573and indirect, of conducting the review process. The state land
574planning agency shall adopt rules to provide uniform criteria
575for the assessment and collection of such fees. The rules
576providing uniform criteria shall not be subject to rule
577challenge under s. 120.56(2) or to drawout proceedings under s.
578120.54(3)(c)2., but, once adopted, shall be subject to an
579invalidity challenge under s. 120.56(3) by substantially
580affected persons. Until the state land planning agency adopts a
581rule implementing this paragraph, rules of the regional planning
582councils currently in effect regarding fees shall remain in
583effect. Fees may vary in relation to the type and size of a
584proposed project, but shall not exceed $75,000, unless the state
585land planning agency, after reviewing any disputed expenses
586charged by the regional planning agency, determines that said
587expenses were reasonable and necessary for an adequate regional
588review of the impacts of a project.
589     (24)  STATUTORY EXEMPTIONS.--
590     (g)  Any expansion in the permanent seating capacity or
591additional improved parking facilities of an existing sports
592facility is exempt from the provisions of this section, if the
593following conditions exist:
594     1.a.  The sports facility had a permanent seating capacity
595on January 1, 1991, of at least 41,000 spectator seats;
596     b.  The sum of such expansions in permanent seating
597capacity does not exceed a total of 10 percent in any 5-year
598period and does not exceed a cumulative total of 20 percent for
599any such expansions; or
600     c.  The increase in additional improved parking facilities
601is a one-time addition and does not exceed 3,500 parking spaces
602serving the sports facility; and
603     2.  The local government having jurisdiction of the sports
604facility includes in the development order or development permit
605approving such expansion under this paragraph a finding of fact
606that the proposed expansion is consistent with the
607transportation, water, sewer and stormwater drainage provisions
608of the approved local comprehensive plan and local land
609development regulations relating to those provisions.
610
611Any owner or developer who intends to rely on this statutory
612exemption shall provide to the department a copy of the local
613government application for a development permit. Within 45 days
614after of receipt of the application, the department shall render
615to the local government an advisory and nonbinding opinion, in
616writing, stating whether, in the department's opinion, the
617prescribed conditions exist for an exemption under this
618paragraph. The local government shall render the development
619order approving each such expansion to the department. The
620owner, developer, or department may appeal the local government
621development order pursuant to s. 380.07, within 45 days after
622the order is rendered. The scope of review shall be limited to
623the determination of whether the conditions prescribed in this
624paragraph exist. If any sports facility expansion undergoes
625development of regional impact review, all previous expansions
626which were exempt under this paragraph shall be included in the
627development of regional impact review.
628     (k)1.  A marina or waterport which is not subject to a
629development order under subsection (15) that is expanded or
630constructed after January 1, 2005, and that has fewer than 300
631new vehicular parking spaces is exempt from this section unless
632the marina or waterport is located in one of the counties
633enumerated in s. 370.12 and a manatee protection plan or boating
634facility siting plan has not been adopted by the board of county
635commissioners. Any waterport or marina development is exempt
636from the provisions of this section if the relevant county or
637municipality has adopted a boating facility siting plan or
638policy which includes applicable criteria, considering such
639factors as natural resources, manatee protection needs and
640recreation and economic demands as generally outlined in the
641Bureau of Protected Species Management Boat Facility Siting
642Guide, dated August 2000, into the coastal management or land
643use element of its comprehensive plan. The adoption of boating
644facility siting plans or policies into the comprehensive plan is
645exempt from the provisions of s. 163.3187(1). Any waterport or
646marina development within the municipalities or counties with
647boating facility siting plans or policies that meet the above
648criteria, adopted prior to April 1, 2002, are exempt from the
649provisions of this section, when their boating facility siting
650plan or policy is adopted as part of the relevant local
651government's comprehensive plan.
652     2.  Within 6 months of the effective date of this law, the
653Department of Community Affairs, in conjunction with the
654Department of Environmental Protection and the Florida Fish and
655Wildlife Conservation Commission, shall provide technical
656assistance and guidelines, including model plans, policies and
657criteria to local governments for the development of their
658siting plans.
659     Section 2.  Paragraph (j) of subsection (3) of section
660380.0651, Florida Statutes, is amended to read:
661     380.0651  Statewide guidelines and standards.--
662     (3)  The following statewide guidelines and standards shall
663be applied in the manner described in s. 380.06(2) to determine
664whether the following developments shall be required to undergo
665development-of-regional-impact review:
666     (j)  Residential development.--No rule may be adopted
667concerning residential developments which treats a residential
668development in one county as being located in a less populated
669adjacent county unless more than 25 percent of the development
670is located within 2 or less miles of the less populated adjacent
671county. Effective January 1, 2005, the minimum threshold for
672development-of-regional-impact review is 1,000 residential
673dwelling units; however, this minimum threshold is not subject
674to the 150 percent multiplier provided to rural areas of
675economic concern pursuant to s. 380.06(2)(e).
676     Section 3.  This act shall take effect January 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.