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A bill to be entitled |
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An act relating to developments of regional impact; |
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amending s. 380.06, F.S.; revising provisions governing |
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substantial deviation standards for the date of buildout |
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of a development; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Paragraph (c) of subsection (19) of section |
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380.06, Florida Statutes, is amended to read: |
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380.06 Developments of regional impact.-- |
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(19) SUBSTANTIAL DEVIATIONS.-- |
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(c) An extension of the date of buildout of a development, |
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or any phase thereof, by 7 or more years shall be presumed to |
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create a substantial deviation subject to further development- |
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of-regional-impact review. An extension of the date of |
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buildout, or any phase thereof, of 5 years or more but less than |
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7 years shall be presumed not to create a substantial deviation. |
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The extension of the date of buildout of an areawide development |
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of regional impact by more than 5 years but less than 10 years |
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is presumed not to create a substantial deviation.These |
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presumptions may be rebutted by clear and convincing evidence at |
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the public hearing held by the local government. An extension |
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of less than 5 years is not a substantial deviation. For the |
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purpose of calculating when a buildout, phase, or termination |
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date has been exceeded, the time shall be tolled during the |
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pendency of administrative or judicial proceedings relating to |
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development permits. Any extension of the buildout date of a |
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project or a phase thereof shall automatically extend the |
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commencement date of the project, the termination date of the |
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development order, the expiration date of the development of |
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regional impact, and the phases thereof by a like period of |
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time. |
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Section 2. This act shall take effect July 1, 2004. |