1 | Representative Brown offered the following: |
2 |
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3 | Amendment (with directory and title amendments) |
4 | Remove line(s) 54-74, and insert: |
5 | (a) Any proposed change to a previously approved |
6 | development which creates a reasonable likelihood of additional |
7 | regional impact, or any type of regional impact created by the |
8 | change not previously reviewed by the regional planning agency, |
9 | shall constitute a substantial deviation and shall cause the |
10 | development to be subject to further development-of-regional- |
11 | impact review to the extent of the change. All proposed changes |
12 | to a previously approved development, whether substantial or |
13 | not, shall be reviewed by the local government to determine |
14 | whether the proposed change is consistent with the current local |
15 | comprehensive plan and land development regulations under the |
16 | procedures set forth in this subsection. Proposed changes |
17 | determined to be inconsistent with the current comprehensive |
18 | plan or such land development regulations shall be denied. |
19 | Unchanged portions of the development of regional impact shall |
20 | retain the vested rights protected under s. 163.3167(8) unless |
21 | otherwise provided in the development order. There are a variety |
22 | of reasons why a developer may wish to propose changes to an |
23 | approved development of regional impact, including changed |
24 | market conditions. The procedures set forth in this subsection |
25 | are for that purpose. |
26 | (c) An extension of the date of buildout of a development, |
27 | or any phase thereof, by 7 or more years shall be presumed to |
28 | create a substantial deviation subject to further development- |
29 | of-regional-impact review. An extension of the date of |
30 | buildout, or any phase thereof, of 5 years or more but less than |
31 | 7 years shall be presumed not to create a substantial deviation. |
32 | The extension of the date of buildout of an areawide development |
33 | of regional impact by more than 5 years but less than 10 years |
34 | is presumed not to create a substantial deviation. These |
35 | presumptions may be rebutted by clear and convincing evidence at |
36 | the public hearing held by the local government. An extension |
37 | of less than 5 years is not a substantial deviation. For the |
38 | purpose of calculating when a buildout, phase, or termination |
39 | date has been exceeded, the time shall be tolled during the |
40 | pendency of administrative or judicial proceedings relating to |
41 | development permits. Any extension of the buildout date of a |
42 | project or a phase thereof shall automatically extend the |
43 | commencement date of the project, the termination date of the |
44 | development order, the expiration date of the development of |
45 | regional impact, and the phases thereof by a like period of |
46 | time. |
47 | (f)1. The state land planning agency shall establish by |
48 | rule standard forms for submittal of proposed changes to a |
49 | previously approved development of regional impact which may |
50 | require further development-of-regional-impact review. At a |
51 | minimum, the standard form shall require the developer to |
52 | provide the precise language that the developer proposes to |
53 | delete or add as an amendment to the development order. |
54 | 2. The developer shall submit, simultaneously, to the |
55 | local government, the regional planning agency, and the state |
56 | land planning agency the request for approval of a proposed |
57 | change. |
58 | 3. No sooner than 30 days but no later than 45 days after |
59 | submittal by the developer to the local government, the state |
60 | land planning agency, and the appropriate regional planning |
61 | agency, the local government shall give 15 days' notice and |
62 | schedule a public hearing to consider the change that the |
63 | developer asserts does not create a substantial deviation. This |
64 | public hearing shall be held within 90 days after submittal of |
65 | the proposed changes, unless that time is extended by the |
66 | developer. |
67 | 4. The appropriate regional planning agency or the state |
68 | land planning agency shall review the proposed change and, no |
69 | later than 45 days after submittal by the developer of the |
70 | proposed change, unless that time is extended by the developer, |
71 | and prior to the public hearing at which the proposed change is |
72 | to be considered, shall advise the local government in writing |
73 | whether it objects to the proposed change, shall specify the |
74 | reasons for its objection, if any, and shall provide a copy to |
75 | the developer. |
76 | 5. At the public hearing, the local government shall |
77 | determine whether the proposed change requires further |
78 | development-of-regional-impact review. The provisions of |
79 | paragraphs (a) and (e), the thresholds set forth in paragraph |
80 | (b), and the presumptions set forth in paragraphs (c) and (d) |
81 | and subparagraph (e)3. shall be applicable in determining |
82 | whether further development-of-regional-impact review is |
83 | required. |
84 | 6. If the local government determines that the proposed |
85 | change does not require further development-of-regional-impact |
86 | review and the proposed change is consistent with the local |
87 | comprehensive plan and land development regulations and is |
88 | otherwise approved, or if the proposed change is not subject to |
89 | a hearing and determination pursuant to subparagraphs 3. and 5. |
90 | and the proposed change is determined to be consistent with the |
91 | local comprehensive plan and land development regulations |
92 | otherwise approved, the local government shall issue an |
93 | amendment to the development order incorporating the approved |
94 | change and conditions of approval relating to the change. The |
95 | decision of the local government to approve, with or without |
96 | conditions, or to deny a the proposed change that the developer |
97 | asserts does not require further review shall be a quasi- |
98 | judicial decision reviewable by petition for certiorari to the |
99 | circuit court or pursuant to s. 163.3215, as appropriate subject |
100 | to the appeal provisions of s. 380.07. However, the state land |
101 | planning agency may not appeal the local government decision if |
102 | it did not comply with subparagraph 4. The state land planning |
103 | agency may not appeal a change to a development order made |
104 | pursuant to subparagraph (e)1. or subparagraph (e)2. for |
105 | developments of regional impact approved after January 1, 1980, |
106 | unless the change would result in a significant impact to a |
107 | regionally significant archaeological, historical, or natural |
108 | resource not previously identified in the original development- |
109 | of-regional-impact review. |
110 |
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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 |
115 | Statutes, 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: |
118 | governing substantial deviation standards for changes creating |
119 | additional regional impact, the date of buildout of a |
120 | development, and proposed changes to previously approved |
121 | developments of regional impact; providing an effective date. |