| 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. |