Amendment
Bill No. 0539
Amendment No. 477241
CHAMBER ACTION
Senate House
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1Representative Brown offered the following:
2
3     Amendment (with directory and title amendments)
4     Remove line(s) 54-74, and insert:
5     (a)  Any proposed change to a previously approved
6development which creates a reasonable likelihood of additional
7regional impact, or any type of regional impact created by the
8change not previously reviewed by the regional planning agency,
9shall constitute a substantial deviation and shall cause the
10development to be subject to further development-of-regional-
11impact review to the extent of the change. All proposed changes
12to a previously approved development, whether substantial or
13not, shall be reviewed by the local government to determine
14whether the proposed change is consistent with the current local
15comprehensive plan and land development regulations under the
16procedures set forth in this subsection. Proposed changes
17determined to be inconsistent with the current comprehensive
18plan or such land development regulations shall be denied.
19Unchanged portions of the development of regional impact shall
20retain the vested rights protected under s. 163.3167(8) unless
21otherwise provided in the development order. There are a variety
22of reasons why a developer may wish to propose changes to an
23approved development of regional impact, including changed
24market conditions. The procedures set forth in this subsection
25are for that purpose.
26     (c)  An extension of the date of buildout of a development,
27or any phase thereof, by 7 or more years shall be presumed to
28create a substantial deviation subject to further development-
29of-regional-impact review.  An extension of the date of
30buildout, or any phase thereof, of 5 years or more but less than
317 years shall be presumed not to create a substantial deviation.
32The extension of the date of buildout of an areawide development
33of regional impact by more than 5 years but less than 10 years
34is presumed not to create a substantial deviation. These
35presumptions may be rebutted by clear and convincing evidence at
36the public hearing held by the local government.  An extension
37of less than 5 years is not a substantial deviation. For the
38purpose of calculating when a buildout, phase, or termination
39date has been exceeded, the time shall be tolled during the
40pendency of administrative or judicial proceedings relating to
41development permits.  Any extension of the buildout date of a
42project or a phase thereof shall automatically extend the
43commencement date of the project, the termination date of the
44development order, the expiration date of the development of
45regional impact, and the phases thereof by a like period of
46time.
47     (f)1.  The state land planning agency shall establish by
48rule standard forms for submittal of proposed changes to a
49previously approved development of regional impact which may
50require further development-of-regional-impact review. At a
51minimum, the standard form shall require the developer to
52provide the precise language that the developer proposes to
53delete or add as an amendment to the development order.
54     2.  The developer shall submit, simultaneously, to the
55local government, the regional planning agency, and the state
56land planning agency the request for approval of a proposed
57change.
58     3.  No sooner than 30 days but no later than 45 days after
59submittal by the developer to the local government, the state
60land planning agency, and the appropriate regional planning
61agency, the local government shall give 15 days' notice and
62schedule a public hearing to consider the change that the
63developer asserts does not create a substantial deviation. This
64public hearing shall be held within 90 days after submittal of
65the proposed changes, unless that time is extended by the
66developer.
67     4.  The appropriate regional planning agency or the state
68land planning agency shall review the proposed change and, no
69later than 45 days after submittal by the developer of the
70proposed change, unless that time is extended by the developer,
71and prior to the public hearing at which the proposed change is
72to be considered, shall advise the local government in writing
73whether it objects to the proposed change, shall specify the
74reasons for its objection, if any, and shall provide a copy to
75the developer.
76     5.  At the public hearing, the local government shall
77determine whether the proposed change requires further
78development-of-regional-impact review. The provisions of
79paragraphs (a) and (e), the thresholds set forth in paragraph
80(b), and the presumptions set forth in paragraphs (c) and (d)
81and subparagraph (e)3. shall be applicable in determining
82whether further development-of-regional-impact review is
83required.
84     6.  If the local government determines that the proposed
85change does not require further development-of-regional-impact
86review and the proposed change is consistent with the local
87comprehensive plan and land development regulations and is
88otherwise approved, or if the proposed change is not subject to
89a hearing and determination pursuant to subparagraphs 3. and 5.
90and the proposed change is determined to be consistent with the
91local comprehensive plan and land development regulations
92otherwise approved, the local government shall issue an
93amendment to the development order incorporating the approved
94change and conditions of approval relating to the change. The
95decision of the local government to approve, with or without
96conditions, or to deny a the proposed change that the developer
97asserts does not require further review shall be a quasi-
98judicial decision reviewable by petition for certiorari to the
99circuit court or pursuant to s. 163.3215, as appropriate subject
100to the appeal provisions of s. 380.07. However, the state land
101planning agency may not appeal the local government decision if
102it did not comply with subparagraph 4. The state land planning
103agency may not appeal a change to a development order made
104pursuant to subparagraph (e)1. or subparagraph (e)2. for
105developments of regional impact approved after January 1, 1980,
106unless the change would result in a significant impact to a
107regionally significant archaeological, historical, or natural
108resource not previously identified in the original development-
109of-regional-impact review.
110
111============= D I R E C T O R Y  A M E N D M E N T =============
112     Remove line(s) 19 and 20, and insert:
113     Section 1.  Paragraph (e) of subsection (2) and paragraphs
114(a), (c), and (f) of subsection (19) of section 380.06, Florida
115Statutes, are
116================ T I T L E  A M E N D M E N T =============
117     Remove line(s) 14 and 15, and insert:
118governing substantial deviation standards for changes creating
119additional regional impact, the date of buildout of a
120development, and proposed changes to previously approved
121developments of regional impact; providing an effective date.


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