Amendment
Bill No. 1855

Amendment No. 968841

CHAMBER ACTION
Senate		House
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1	Representative(s) Brandenburg offered the following:
2
3	Amendment (with title amendment)
4	Between lines 344 and 345, insert:
5	Section 2.  Paragraph (b) of subsection (19) of section
6	380.06, Florida Statutes, is amended to read:
7	380.06  Developments of regional impact.--
8	(19)  SUBSTANTIAL DEVIATIONS.--
9	(b)  Any proposed change to a previously approved
10	development of regional impact or development order condition
11	which, either individually or cumulatively with other changes,
12	exceeds any of the following criteria shall constitute a
13	substantial deviation and shall cause the development to be
14	subject to further development-of-regional-impact review without
15	the necessity for a finding of same by the local government:
16	1.  An increase in the number of parking spaces at an
17	attraction or recreational facility by 5 percent or 300 spaces,
18	whichever is greater, or an increase in the number of spectators
19	that may be accommodated at such a facility by 5 percent or
20	1,000 spectators, whichever is greater.
21	2.  A new runway, a new terminal facility, a 25-percent
22	lengthening of an existing runway, or a 25-percent increase in
23	the number of gates of an existing terminal, but only if the
24	increase adds at least three additional gates. However, if an
25	airport is located in two counties, a 10-percent lengthening of
26	an existing runway or a 20-percent increase in the number of
27	gates of an existing terminal is the applicable criteria.
28	3.  An increase in the number of hospital beds by 5 percent
29	or 60 beds, whichever is greater.
30	4.  An increase in industrial development area by 5 percent
31	or 32 acres, whichever is greater.
32	5.  An increase in the average annual acreage mined by 5
33	percent or 10 acres, whichever is greater, or an increase in the
34	average daily water consumption by a mining operation by 5
35	percent or 300,000 gallons, whichever is greater. An increase in
36	the size of the mine by 5 percent or 750 acres, whichever is
37	less. An increase in the size of a heavy mineral mine as defined
38	in s. 378.403(7) will only constitute a substantial deviation if
39	the average annual acreage mined is more than 500 acres and
40	consumes more than 3 million gallons of water per day.
41	6.  An increase in land area for office development by 5
42	percent or an increase of gross floor area of office development
43	by 5 percent or 60,000 gross square feet, whichever is greater.
44	7.  An increase in the storage capacity for chemical or
45	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
46	million pounds, whichever is greater.
47	8.  An increase of development at a waterport of wet
48	storage for 20 watercraft, dry storage for 30 watercraft, or
49	wet/dry storage for 60 watercraft in an area identified in the
50	state marina siting plan as an appropriate site for additional
51	waterport development or a 5-percent increase in watercraft
52	storage capacity, whichever is greater.
53	9.  An increase in the number of dwelling units by 5
54	percent or 50 dwelling units, whichever is greater.
55	10.  An increase in commercial development by 50,000 square
56	feet of gross floor area or of parking spaces provided for
57	customers for 300 cars or a 5-percent increase of either of
58	these, whichever is greater.
59	11.  An increase in hotel or motel facility units by 5
60	percent or 75 units, whichever is greater.
61	12.  An increase in a recreational vehicle park area by 5
62	percent or 100 vehicle spaces, whichever is less.
63	13.  A decrease in the area set aside for open space of 5
64	percent or 20 acres, whichever is less.
65	14.  A proposed increase to an approved multiuse
66	development of regional impact where the sum of the increases of
67	each land use as a percentage of the applicable substantial
68	deviation criteria is equal to or exceeds 100 percent. The
69	percentage of any decrease in the amount of open space shall be
70	treated as an increase for purposes of determining when 100
71	percent has been reached or exceeded.
72	15.  A 15-percent increase in the number of external
73	vehicle trips generated by the development above that which was
74	projected during the original development-of-regional-impact
75	review.
76	16.  Any change which would result in development of any
77	area which was specifically set aside in the application for
78	development approval or in the development order for
79	preservation or special protection of endangered or threatened
80	plants or animals designated as endangered, threatened, or
81	species of special concern and their habitat, primary dunes, or
82	archaeological and historical sites designated as significant by
83	the Division of Historical Resources of the Department of State.
84	The further refinement of such areas by survey shall be
85	considered under sub-subparagraph (e)5.b.
86
87	The substantial deviation numerical standards in subparagraphs
88	4., 6., 10., 14., excluding residential uses, and 15., are
89	increased by 100 percent for a project certified under s.
90	403.973 which creates jobs and meets criteria established by the
91	Office of Tourism, Trade, and Economic Development as to its
92	impact on an area's economy, employment, and prevailing wage and
93	skill levels. The substantial deviation numerical standards in
94	subparagraphs 4., 6., 9., 10., 11., and 14. are increased by 50
95	percent for a project located wholly within an urban infill and
96	redevelopment area designated on the applicable adopted local
97	comprehensive plan future land use map and not located within
98	the coastal high hazard area.
99	Section 3.  Subsections (3) and (4) of section 380.23,
100	Florida Statutes, are amended to read:
101	380.23  Federal consistency.--
102	(3)  Consistency review shall be limited to review of the
103	following activities, uses, and projects to ensure that such
104	activities, and uses, and projects are conducted in accordance
105	with the state's coastal management program:
106	(a)  Federal development projects and activities of federal
107	agencies which significantly affect coastal waters and the
108	adjacent shorelands of the state.
109	(b)  Federal assistance projects that which significantly
110	affect coastal waters and the adjacent shorelands of the state
111	and that which are reviewed as part of the review process
112	developed pursuant to Presidential Executive Order 12372.
113	(c)  Federally licensed or permitted activities affecting
114	land or water uses when such activities are in or seaward of the
115	jurisdiction of local governments required to develop a coastal
116	zone protection element as provided in s. 380.24 and when such
117	activities involve:
118	1.  Permits and licenses required under the Rivers and
119	Harbors Act of 1899, 33 U.S.C. ss. 401 et seq., as amended.
120	2.  Permits and licenses required under the Marine
121	Protection, Research and Sanctuaries Act of 1972, 33 U.S.C. ss.
122	1401-1445 and 16 U.S.C. ss. 1431-1445, as amended.
123	3.  Permits and licenses required under the Federal Water
124	Pollution Control Act of 1972, 33 U.S.C. ss. 1251 et seq., as
125	amended, unless such permitting activities have been delegated
126	to the state pursuant to said act.
127	4.  Permits and licenses relating to the transportation of
128	hazardous substance materials or transportation and dumping
129	which are issued pursuant to the Hazardous Materials
130	Transportation Act, 49 U.S.C. ss. 1501 et seq., as amended, or
131	33 U.S.C. s. 1321, as amended.
132	5.  Permits and licenses required under 15 U.S.C. ss. 717-
133	717w, 3301-3432, 42 U.S.C. ss. 7101-7352, and 43 U.S.C. ss.
134	1331-1356 for construction and operation of interstate gas
135	pipelines and storage facilities.
136	6.  Permits and licenses required for the siting and
137	construction of any new electrical power plants as defined in s.
138	403.503(12), as amended, and the licensing and relicensing of
139	hydroelectric power plants under the Federal Power Act, 16
140	U.S.C. ss. 791a et seq., as amended.
141	7.  Permits and licenses required under the Mining Law of
142	1872, 30 U.S.C. ss. 21 et seq., as amended; the Mineral Lands
143	Leasing Act, 30 U.S.C. ss. 181 et seq., as amended; the Mineral
144	Leasing Act for Acquired Lands, 30 U.S.C. ss. 351 et seq., as
145	amended; the Federal Land Policy and Management Act, 43 U.S.C.
146	ss. 1701 et seq., as amended; the Mining in the Parks Act, 16
147	U.S.C. ss. 1901 et seq., as amended; and the OCS Lands Act, 43
148	U.S.C. ss. 1331 et seq., as amended, for drilling, mining,
149	pipelines, geological and geophysical activities, or rights-of-
150	way on public lands and permits and licenses required under the
151	Indian Mineral Development Act, 25 U.S.C. ss. 2101 et seq., as
152	amended for drilling and mining on public lands.
153	8.  Permits and licenses for areas leased under the OCS
154	Lands Act, 43 U.S.C. ss. 1331 et seq., as amended, including
155	leases and approvals of exploration, development, and production
156	plans.
157	9.  Permits for pipeline rights-of-way for oil and gas
158	transmissions.
159	9.10.  Permits and licenses required under the for
160	Deepwater Port Act of 1974, ports under 33 U.S.C. ss. 1501 et
161	seq. s. 1503, as amended.
162	10.11.  Permits required for the taking of marine mammals
163	under the Marine Mammal Protection Act of 1972, as amended, 16
164	U.S.C. s. 1374.
165	(d)  Federal activities within the territorial limits of
166	neighboring states when the Governor and the department
167	determine that significant individual or cumulative impact to
168	the land or water resources of the state would result from the
169	activities.
170	(4)  The department may is authorized to adopt rules
171	establishing procedures for conducting consistency reviews of
172	activities, uses, and projects for which consistency review is
173	required pursuant to subsections (1), (2), and (3). Such
174	rules shall include procedures for the expeditious handling
175	of emergency repairs to existing facilities for which
176	consistency review is required. The department may is also
177	authorized to adopt rules prescribing the data and
178	information needed for the review of consistency
179	certifications and determinations. When an environmental
180	impact statement or environmental assessment required by the
181	National Environmental Policy Act has been prepared for a
182	specific activity, use, or project subject to federal
183	consistency review under this section, the environmental
184	impact statement or environmental assessment shall be data
185	and information necessary for the state's consistency review
186	of that federal activity, use, or project under this section.
187
188	================ T I T L E  A M E N D M E N T =============
189	Between line(s) 6 and 7, insert:
190	amending s. 380.06, F.S.; revising factors for determining
191	a substantial deviation in developments of regional
192	impact; amending s. 380.23, F.S.; revising the federally
193	licensed or permitted activities subject to consistency
194	review under the coastal management program; requiring
195	certain environmental impact reports to be data and
196	information for the state's consistency reviews;

CODING: Words stricken are deletions; words underlined are additions.