| 1 | A bill to be entitled |
| 2 | An act relating to developments of regional impact; |
| 3 | amending s. 380.06, F.S.; requiring that certain |
| 4 | individual use and multiuse guidelines and standards be |
| 5 | increased by a specified percentage in certain areas if |
| 6 | the land use of a multiuse development is residential and |
| 7 | is not less than a specified percentage of the |
| 8 | jurisdiction?s residential threshold; revising provisions |
| 9 | governing substantial deviation standards for the date of |
| 10 | buildout of a development; providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (e) of subsection (2) and paragraph |
| 15 | (c) of subsection (19) of section 380.06, Florida Statutes, are |
| 16 | amended to read: |
| 17 | 380.06 Developments of regional impact.-- |
| 18 | (2) STATEWIDE GUIDELINES AND STANDARDS.-- |
| 19 | (e) With respect to residential, hotel, motel, office, and |
| 20 | retail developments, the applicable guidelines and standards |
| 21 | shall be increased by 50 percent in urban central business |
| 22 | districts and regional activity centers of jurisdictions whose |
| 23 | local comprehensive plans are in compliance with part II of |
| 24 | chapter 163. With respect to multiuse developments, the |
| 25 | applicable individual use guidelines and standards for |
| 26 | residential, hotel, motel, office, and retail developments and |
| 27 | multiuse guidelines and standards shall be increased by 100 |
| 28 | percent in urban central business districts and regional |
| 29 | activity centers of jurisdictions whose local comprehensive |
| 30 | plans are in compliance with part II of chapter 163, if one land |
| 31 | use of the multiuse development is residential and amounts to |
| 32 | not less than 35 percent of the jurisdiction's applicable |
| 33 | residential threshold. With respect to resort or convention |
| 34 | hotel developments, the applicable guidelines and standards |
| 35 | shall be increased by 150 percent in urban central business |
| 36 | districts and regional activity centers of jurisdictions whose |
| 37 | local comprehensive plans are in compliance with part II of |
| 38 | chapter 163 and where the increase is specifically for a |
| 39 | proposed resort or convention hotel located in a county with a |
| 40 | population greater than 500,000 and the local government |
| 41 | specifically designates that the proposed resort or convention |
| 42 | hotel development will serve an existing convention center of |
| 43 | more than 250,000 gross square feet built prior to July 1, 1992. |
| 44 | The applicable guidelines and standards shall be increased by |
| 45 | 150 percent for development in any area designated by the |
| 46 | Governor as a rural area of critical economic concern pursuant |
| 47 | to s. 288.0656 during the effectiveness of the designation. |
| 48 | (19) SUBSTANTIAL DEVIATIONS.-- |
| 49 | (c) An extension of the date of buildout of a development, |
| 50 | or any phase thereof, by 7 or more years shall be presumed to |
| 51 | create a substantial deviation subject to further development- |
| 52 | of-regional-impact review. An extension of the date of |
| 53 | buildout, or any phase thereof, of 5 years or more but less than |
| 54 | 7 years shall be presumed not to create a substantial deviation. |
| 55 | The extension of the date of buildout of an areawide development |
| 56 | of regional impact by more than 5 years but less than 10 years |
| 57 | is presumed not to create a substantial deviation. These |
| 58 | presumptions may be rebutted by clear and convincing evidence at |
| 59 | the public hearing held by the local government. An extension |
| 60 | of less than 5 years is not a substantial deviation. For the |
| 61 | purpose of calculating when a buildout, phase, or termination |
| 62 | date has been exceeded, the time shall be tolled during the |
| 63 | pendency of administrative or judicial proceedings relating to |
| 64 | development permits. Any extension of the buildout date of a |
| 65 | project or a phase thereof shall automatically extend the |
| 66 | commencement date of the project, the termination date of the |
| 67 | development order, the expiration date of the development of |
| 68 | regional impact, and the phases thereof by a like period of |
| 69 | time. |
| 70 | Section 2. This act shall take effect July 1, 2004. |