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| 1 | A bill to be entitled | ||
| 2 | An act relating to developments of regional impact; | ||
| 3 | amending s. 380.06, F.S.; revising provisions governing | ||
| 4 | substantial deviation standards for the date of buildout | ||
| 5 | of a development; providing an effective date. | ||
| 6 | |||
| 7 | Be It Enacted by the Legislature of the State of Florida: | ||
| 8 | |||
| 9 | Section 1. Paragraph (c) of subsection (19) of section | ||
| 10 | 380.06, Florida Statutes, is amended to read: | ||
| 11 | 380.06 Developments of regional impact.-- | ||
| 12 | (19) SUBSTANTIAL DEVIATIONS.-- | ||
| 13 | (c) An extension of the date of buildout of a development, | ||
| 14 | or any phase thereof, by 7 or more years shall be presumed to | ||
| 15 | create a substantial deviation subject to further development- | ||
| 16 | of-regional-impact review. An extension of the date of | ||
| 17 | buildout, or any phase thereof, of 5 years or more but less than | ||
| 18 | 7 years shall be presumed not to create a substantial deviation. | ||
| 19 | The extension of the date of buildout of an areawide development | ||
| 20 | of regional impact by more than 5 years but less than 10 years | ||
| 21 | is presumed not to create a substantial deviation.These | ||
| 22 | presumptions may be rebutted by clear and convincing evidence at | ||
| 23 | the public hearing held by the local government. An extension | ||
| 24 | of less than 5 years is not a substantial deviation. For the | ||
| 25 | purpose of calculating when a buildout, phase, or termination | ||
| 26 | date has been exceeded, the time shall be tolled during the | ||
| 27 | pendency of administrative or judicial proceedings relating to | ||
| 28 | development permits. Any extension of the buildout date of a | ||
| 29 | project or a phase thereof shall automatically extend the | ||
| 30 | commencement date of the project, the termination date of the | ||
| 31 | development order, the expiration date of the development of | ||
| 32 | regional impact, and the phases thereof by a like period of | ||
| 33 | time. | ||
| 34 | Section 2. This act shall take effect July 1, 2004. | ||