Senate Bill sb1310

    Florida Senate - 2004                                  SB 1310

    By Senator Jones





    13-664-04

  1                      A bill to be entitled

  2         An act relating to developments of regional

  3         impact; amending s. 380.06, F.S.; revising

  4         provisions governing substantial deviation

  5         standards for the date of buildout of a

  6         development; providing an effective date.

  7  

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

  9  

10         Section 1.  Paragraph (c) of subsection (19) of section

11  380.06, Florida Statutes, is amended to read:

12         380.06  Developments of regional impact.--

13         (19)  SUBSTANTIAL DEVIATIONS.--

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

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

16  presumed to create a substantial deviation subject to further

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

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

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

20  substantial deviation. The extension of the date of buildout

21  of an areawide development of regional impact by more than 5

22  years but less than 10 years is presumed not to create a

23  substantial deviation. These presumptions may be rebutted by

24  clear and convincing evidence at the public hearing held by

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

26  not a substantial deviation. For the purpose of calculating

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

28  the time shall be tolled during the pendency of administrative

29  or judicial proceedings relating to development permits.  Any

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

31  shall automatically extend the commencement date of the

                                  1

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






    Florida Senate - 2004                                  SB 1310
    13-664-04




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

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

 3  phases thereof by a like period of time.

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

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Extends by 3 years the time allowed to complete a project
      within an areawide development of regional impact.
 9  

10  

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  2

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