Florida Senate - 2006 SENATOR AMENDMENT
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CHAMBER ACTION
Senate House
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05/02/2006 02:47 PM .
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 Delete everything after the enacting clause
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16 and insert:
17 Section 1. Subsection (11) of section 163.01, Florida
18 Statutes, is amended to read:
19 163.01 Florida Interlocal Cooperation Act of 1969.--
20 (11) Prior to its effectiveness, an interlocal
21 agreement and subsequent amendments thereto shall be filed
22 with the clerk of the circuit court of each county where a
23 party to the agreement is located. However, if the parties to
24 the agreement are located in multiple counties and the
25 agreement under subsection (7) provides for a separate legal
26 entity or administrative entity to administer the agreement,
27 the interlocal agreement and any amendments thereto may be
28 filed with the clerk of the circuit court in the county where
29 the legal or administrative entity maintains its principal
30 place of business.
31 Section 2. Paragraph (g) of subsection (6) and
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1 paragraph (d) of subsection (11) of section 163.3177, Florida
2 Statutes, are amended to read:
3 163.3177 Required and optional elements of
4 comprehensive plan; studies and surveys.--
5 (6) In addition to the requirements of subsections
6 (1)-(5) and (12), the comprehensive plan shall include the
7 following elements:
8 (g)1. For those units of local government identified
9 in s. 380.24, a coastal management element, appropriately
10 related to the particular requirements of paragraphs (d) and
11 (e) and meeting the requirements of s. 163.3178(2) and (3).
12 The coastal management element shall set forth the policies
13 that shall guide the local government's decisions and program
14 implementation with respect to the following objectives:
15 a.1. Maintenance, restoration, and enhancement of the
16 overall quality of the coastal zone environment, including,
17 but not limited to, its amenities and aesthetic values.
18 b.2. Continued existence of viable populations of all
19 species of wildlife and marine life.
20 c.3. The orderly and balanced utilization and
21 preservation, consistent with sound conservation principles,
22 of all living and nonliving coastal zone resources.
23 d.4. Avoidance of irreversible and irretrievable loss
24 of coastal zone resources.
25 e.5. Ecological planning principles and assumptions to
26 be used in the determination of suitability and extent of
27 permitted development.
28 f.6. Proposed management and regulatory techniques.
29 g.7. Limitation of public expenditures that subsidize
30 development in high-hazard coastal areas.
31 h.8. Protection of human life against the effects of
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1 natural disasters.
2 i.9. The orderly development, maintenance, and use of
3 ports identified in s. 403.021(9) to facilitate deepwater
4 commercial navigation and other related activities.
5 j.10. Preservation, including sensitive adaptive use
6 of historic and archaeological resources.
7 2. As part of this element, a local government that
8 has a coastal management element in its comprehensive plan is
9 encouraged to adopt recreational surface water use policies
10 that include applicable criteria for and consider such factors
11 as natural resources, manatee protection needs, protection of
12 working waterfronts and public access to the water, and
13 recreation and economic demands. Criteria for manatee
14 protection in the recreational surface water use policies
15 should reflect applicable guidance outlined in the Boat
16 Facility Siting Guide prepared by the Fish and Wildlife
17 Conservation Commission. If the local government elects to
18 adopt recreational surface water use policies by comprehensive
19 plan amendment, such comprehensive plan amendment is exempt
20 from the provisions of s. 163.3187(1). Local governments that
21 wish to adopt recreational surface water use policies may be
22 eligible for assistance with the development of such policies
23 through the Florida Coastal Management Program. The Office of
24 Program Policy Analysis and Government Accountability shall
25 submit a report on the adoption of recreational surface water
26 use policies under this subparagraph to the President of the
27 Senate, the Speaker of the House of Representatives, and the
28 majority and minority leaders of the Senate and the House of
29 Representatives no later than December 1, 2010.
30 (11)
31 (d)1. The department, in cooperation with the
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1 Department of Agriculture and Consumer Services, the
2 Department of Environmental Protection, water management
3 districts, and regional planning councils, shall provide
4 assistance to local governments in the implementation of this
5 paragraph and rule 9J-5.006(5)(l), Florida Administrative
6 Code. Implementation of those provisions shall include a
7 process by which the department may authorize local
8 governments to designate all or portions of lands classified
9 in the future land use element as predominantly agricultural,
10 rural, open, open-rural, or a substantively equivalent land
11 use, as a rural land stewardship area within which planning
12 and economic incentives are applied to encourage the
13 implementation of innovative and flexible planning and
14 development strategies and creative land use planning
15 techniques, including those contained herein and in rule
16 9J-5.006(5)(l), Florida Administrative Code. Assistance may
17 include, but is not limited to:
18 a. Assistance from the Department of Environmental
19 Protection and water management districts in creating the
20 geographic information systems land cover database and aerial
21 photogrammetry needed to prepare for a rural land stewardship
22 area;
23 b. Support for local government implementation of
24 rural land stewardship concepts by providing information and
25 assistance to local governments regarding land acquisition
26 programs that may be used by the local government or
27 landowners to leverage the protection of greater acreage and
28 maximize the effectiveness of rural land stewardship areas;
29 and
30 c. Expansion of the role of the Department of
31 Community Affairs as a resource agency to facilitate
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1 establishment of rural land stewardship areas in smaller rural
2 counties that do not have the staff or planning budgets to
3 create a rural land stewardship area.
4 2. The department shall encourage participation by
5 local governments of different sizes and rural characteristics
6 in establishing and implementing rural land stewardship areas.
7 It is the intent of the Legislature that rural land
8 stewardship areas be used to further the following broad
9 principles of rural sustainability: restoration and
10 maintenance of the economic value of rural land; control of
11 urban sprawl; identification and protection of ecosystems,
12 habitats, and natural resources; promotion of rural economic
13 activity; maintenance of the viability of Florida's
14 agricultural economy; and protection of the character of rural
15 areas of Florida. Rural land stewardship areas may be
16 multicounty in order to encourage coordinated regional
17 stewardship planning.
18 3. A local government, in conjunction with a regional
19 planning council, a stakeholder organization of private land
20 owners, or another local government, shall notify the
21 department in writing of its intent to designate a rural land
22 stewardship area. The written notification shall describe the
23 basis for the designation, including the extent to which the
24 rural land stewardship area enhances rural land values,
25 controls urban sprawl, provides necessary open space for
26 agriculture and protection of the natural environment,
27 promotes rural economic activity, and maintains rural
28 character and the economic viability of agriculture.
29 4. A rural land stewardship area shall be not less
30 than 10,000 acres and shall be located outside of
31 municipalities and established urban growth boundaries, and
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1 shall be designated by plan amendment. The plan amendment
2 designating a rural land stewardship area shall be subject to
3 review by the Department of Community Affairs pursuant to s.
4 163.3184 and shall provide for the following:
5 a. Criteria for the designation of receiving areas
6 within rural land stewardship areas in which innovative
7 planning and development strategies may be applied. Criteria
8 shall at a minimum provide for the following: adequacy of
9 suitable land to accommodate development so as to avoid
10 conflict with environmentally sensitive areas, resources, and
11 habitats; compatibility between and transition from higher
12 density uses to lower intensity rural uses; the establishment
13 of receiving area service boundaries which provide for a
14 separation between receiving areas and other land uses within
15 the rural land stewardship area through limitations on the
16 extension of services; and connection of receiving areas with
17 the rest of the rural land stewardship area using rural design
18 and rural road corridors.
19 b. Goals, objectives, and policies setting forth the
20 innovative planning and development strategies to be applied
21 within rural land stewardship areas pursuant to the provisions
22 of this section.
23 c. A process for the implementation of innovative
24 planning and development strategies within the rural land
25 stewardship area, including those described in this subsection
26 and rule 9J-5.006(5)(l), Florida Administrative Code, which
27 provide for a functional mix of land uses, including adequate
28 available workforce housing, including low, very-low and
29 moderate income housing for the development anticipated in the
30 receiving area and which are applied through the adoption by
31 the local government of zoning and land development
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1 regulations applicable to the rural land stewardship area.
2 d. A process which encourages visioning pursuant to s.
3 163.3167(11) to ensure that innovative planning and
4 development strategies comply with the provisions of this
5 section.
6 e. The control of sprawl through the use of innovative
7 strategies and creative land use techniques consistent with
8 the provisions of this subsection and rule 9J-5.006(5)(l),
9 Florida Administrative Code.
10 5. A receiving area shall be designated by the
11 adoption of a land development regulation. Prior to the
12 designation of a receiving area, the local government shall
13 provide the Department of Community Affairs a period of 30
14 days in which to review a proposed receiving area for
15 consistency with the rural land stewardship area plan
16 amendment and to provide comments to the local government. At
17 the time of designation of a stewardship receiving area, a
18 listed species survey will be performed. If listed species
19 occur on the receiving area site, the developer shall
20 coordinate with each appropriate local, state, or federal
21 agency to determine if adequate provisions have been made to
22 protect those species in accordance with applicable
23 regulations. In determining the adequacy of provisions for the
24 protection of listed species and their habitats, the rural
25 land stewardship area shall be considered as a whole, and the
26 impacts to areas to be developed as receiving areas shall be
27 considered together with the environmental benefits of areas
28 protected as sending areas in fulfilling this criteria.
29 6. Upon the adoption of a plan amendment creating a
30 rural land stewardship area, the local government shall, by
31 ordinance, establish the methodology for the creation,
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1 conveyance, and use of transferable rural land use credits,
2 otherwise referred to as stewardship credits, the application
3 of which shall not constitute a right to develop land, nor
4 increase density of land, except as provided by this section.
5 The total amount of transferable rural land use credits within
6 the rural land stewardship area must enable the realization of
7 the long-term vision and goals for the 25-year or greater
8 projected population of the rural land stewardship area, which
9 may take into consideration the anticipated effect of the
10 proposed receiving areas. Transferable rural land use credits
11 are subject to the following limitations:
12 a. Transferable rural land use credits may only exist
13 within a rural land stewardship area.
14 b. Transferable rural land use credits may only be
15 used on lands designated as receiving areas and then solely
16 for the purpose of implementing innovative planning and
17 development strategies and creative land use planning
18 techniques adopted by the local government pursuant to this
19 section.
20 c. Transferable rural land use credits assigned to a
21 parcel of land within a rural land stewardship area shall
22 cease to exist if the parcel of land is removed from the rural
23 land stewardship area by plan amendment.
24 d. Neither the creation of the rural land stewardship
25 area by plan amendment nor the assignment of transferable
26 rural land use credits by the local government shall operate
27 to displace the underlying density of land uses assigned to a
28 parcel of land within the rural land stewardship area;
29 however, if transferable rural land use credits are
30 transferred from a parcel for use within a designated
31 receiving area, the underlying density assigned to the parcel
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1 of land shall cease to exist.
2 e. The underlying density on each parcel of land
3 located within a rural land stewardship area shall not be
4 increased or decreased by the local government, except as a
5 result of the conveyance or use of transferable rural land use
6 credits, as long as the parcel remains within the rural land
7 stewardship area.
8 f. Transferable rural land use credits shall cease to
9 exist on a parcel of land where the underlying density
10 assigned to the parcel of land is utilized.
11 g. An increase in the density of use on a parcel of
12 land located within a designated receiving area may occur only
13 through the assignment or use of transferable rural land use
14 credits and shall not require a plan amendment.
15 h. A change in the density of land use on parcels
16 located within receiving areas shall be specified in a
17 development order which reflects the total number of
18 transferable rural land use credits assigned to the parcel of
19 land and the infrastructure and support services necessary to
20 provide for a functional mix of land uses corresponding to the
21 plan of development.
22 i. Land within a rural land stewardship area may be
23 removed from the rural land stewardship area through a plan
24 amendment.
25 j. Transferable rural land use credits may be assigned
26 at different ratios of credits per acre according to the
27 natural resource or other beneficial use characteristics of
28 the land and according to the land use remaining following the
29 transfer of credits, with the highest number of credits per
30 acre assigned to the most environmentally valuable land or, in
31 locations where the retention of open space and agricultural
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1 land is a priority, to such lands.
2 k. The use or conveyance of transferable rural land
3 use credits must be recorded in the public records of the
4 county in which the property is located as a covenant or
5 restrictive easement running with the land in favor of the
6 county and either the Department of Environmental Protection,
7 Department of Agriculture and Consumer Services, a water
8 management district, or a recognized statewide land trust.
9 7. Owners of land within rural land stewardship areas
10 should be provided incentives to enter into rural land
11 stewardship agreements, pursuant to existing law and rules
12 adopted thereto, with state agencies, water management
13 districts, and local governments to achieve mutually agreed
14 upon conservation objectives. Such incentives may include, but
15 not be limited to, the following:
16 a. Opportunity to accumulate transferable mitigation
17 credits.
18 b. Extended permit agreements.
19 c. Opportunities for recreational leases and
20 ecotourism.
21 d. Payment for specified land management services on
22 publicly owned land, or property under covenant or restricted
23 easement in favor of a public entity.
24 e. Option agreements for sale to public entities or
25 private land conservation entities, in either fee or easement,
26 upon achievement of conservation objectives.
27 8. The department shall report to the Legislature on
28 an annual basis on the results of implementation of rural land
29 stewardship areas authorized by the department, including
30 successes and failures in achieving the intent of the
31 Legislature as expressed in this paragraph.
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1 Section 3. Paragraph (a) of subsection (12) of section
2 163.3180, Florida Statutes, is amended to read:
3 163.3180 Concurrency.--
4 (12) When authorized by a local comprehensive plan, a
5 multiuse development of regional impact may satisfy the
6 transportation concurrency requirements of the local
7 comprehensive plan, the local government's concurrency
8 management system, and s. 380.06 by payment of a
9 proportionate-share contribution for local and regionally
10 significant traffic impacts, if:
11 (a) The development of regional impact meets or
12 exceeds the guidelines and standards of s. 380.0651(3)(h)(i)
13 and rule 28-24.032(2), Florida Administrative Code, and
14 includes a residential component that contains at least 100
15 residential dwelling units or 15 percent of the applicable
16 residential guideline and standard, whichever is greater;
17
18 The proportionate-share contribution may be applied to any
19 transportation facility to satisfy the provisions of this
20 subsection and the local comprehensive plan, but, for the
21 purposes of this subsection, the amount of the
22 proportionate-share contribution shall be calculated based
23 upon the cumulative number of trips from the proposed
24 development expected to reach roadways during the peak hour
25 from the complete buildout of a stage or phase being approved,
26 divided by the change in the peak hour maximum service volume
27 of roadways resulting from construction of an improvement
28 necessary to maintain the adopted level of service, multiplied
29 by the construction cost, at the time of developer payment, of
30 the improvement necessary to maintain the adopted level of
31 service. For purposes of this subsection, "construction cost"
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1 includes all associated costs of the improvement.
2 Section 4. Subsection (3) of section 197.303, Florida
3 Statutes, is amended to read:
4 197.303 Ad valorem tax deferral for recreational and
5 commercial working waterfront properties.--
6 (3) The ordinance shall designate the percentage or
7 amount of the deferral and the type and location of working
8 waterfront property, including the type of public lodging
9 establishments, for which deferrals may be granted, which may
10 include any property meeting the provisions of s. 342.07(2),
11 which property may be further required to be located within a
12 particular geographic area or areas of the county or
13 municipality.
14 Section 5. Section 336.68, Florida Statutes, is
15 created to read:
16 336.68 Special road and bridge district boundaries;
17 property owner rights and options.--
18 (1) The owner of real property located within both the
19 boundaries of a community development district created under
20 chapter 190 and within the boundaries of a special road and
21 bridge district created by the alternative method of
22 establishing special road and bridge districts previously
23 authorized under ss. 336.61-336.67 shall have the option to
24 select the community development district to be the provider
25 of the road and drainage improvements to the property of the
26 owner. Having made the selection, the property owner shall
27 further have the right to withdraw the property from the
28 boundaries of the special road and bridge district under the
29 procedures set forth in this section.
30 (2) To be eligible for withdrawal, the subject
31 property shall not have received improvements or benefits from
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1 the special road and bridge district; there shall be no
2 outstanding bonded indebtedness of the special road and bridge
3 district for which the property is subject to ad valorem tax
4 levies; and the withdrawal of the property shall not create an
5 enclave bounded on all sides by the other property within the
6 boundaries of the district when the property owner withdraws
7 the property from the boundaries of the district.
8 (3) The election by a property owner to withdraw
9 property from the boundaries of a district as described in
10 this section shall be accomplished by filing a certificate in
11 the official records of the county in which the property is
12 located. The certificate shall identify the name and mailing
13 address of the owner, the legal description of the property,
14 the name of the district from which the property is being
15 withdrawn, and the general location of the property within
16 district. The certificate shall further state that the
17 property has not received benefits from the district from
18 which the property is to be withdrawn; that there is no bonded
19 indebtedness owed by the district; and that the property being
20 withdrawn will not become an enclave within the district
21 boundaries.
22 (4) The property owner shall provide copies of the
23 recorded certificate to the governing body of the district
24 from which the property is being withdrawn within days 10 days
25 after the date that the certificate is recorded. If the
26 district does not record an objection to the withdrawal of the
27 property in the public records within 30 days after the
28 recording of the certificate identifying the criteria in this
29 section that has not been met, the withdrawal shall be final
30 and the property shall be permanently withdrawn from the
31 boundaries of the district.
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1 Section 6. Section 342.07, Florida Statutes, is
2 amended to read:
3 342.07 Recreational and commercial working
4 waterfronts; legislative findings; definitions.--
5 (1) The Legislature recognizes that there is an
6 important state interest in facilitating boating and other
7 recreational access to the state's navigable waters. This
8 access is vital to tourists and recreational users and the
9 marine industry in the state, to maintaining or enhancing the
10 $57 billion economic impact of tourism and the $14 billion
11 economic impact of boating in the state annually, and to
12 ensuring continued access to all residents and visitors to the
13 navigable waters of the state. The Legislature recognizes that
14 there is an important state interest in maintaining viable
15 water-dependent support facilities, such as public lodging
16 establishments and boat hauling and repairing and commercial
17 fishing facilities, and in maintaining the availability of
18 public access to the navigable waters of the state. The
19 Legislature further recognizes that the waterways of the state
20 are important for engaging in commerce and the transportation
21 of goods and people upon such waterways and that such commerce
22 and transportation is not feasible unless there is access to
23 and from the navigable waters of the state through
24 recreational and commercial working waterfronts.
25 (2) As used in this section, the term "recreational
26 and commercial working waterfront" means a parcel or parcels
27 of real property that provide access for water-dependent
28 commercial activities, including hotels and motels as defined
29 in s. 509.242(1), or provide access for the public to the
30 navigable waters of the state. Recreational and commercial
31 working waterfronts require direct access to or a location on,
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1 over, or adjacent to a navigable body of water. The term
2 includes water-dependent facilities that are open to the
3 public and offer public access by vessels to the waters of the
4 state or that are support facilities for recreational,
5 commercial, research, or governmental vessels. These
6 facilities include public lodging establishments, docks,
7 wharfs, lifts, wet and dry marinas, boat ramps, boat hauling
8 and repair facilities, commercial fishing facilities, boat
9 construction facilities, and other support structures over the
10 water. As used in this section, the term "vessel" has the same
11 meaning as in s. 327.02(37). Seaports are excluded from the
12 definition.
13 Section 7. Section 373.4132, Florida Statutes, is
14 created to read:
15 373.4132 Dry storage facility permitting.--The
16 governing board or the department shall require a permit under
17 this part, including s. 373.4145, for the construction,
18 alteration, operation, maintenance, abandonment, or removal of
19 a dry storage facility for 10 or more vessels that is
20 functionally associated with a boat launching area. As part of
21 an applicant's demonstration that such a facility will not be
22 harmful to the water resources and will not be inconsistent
23 with the overall objectives of the district, the governing
24 board or department shall require the applicant to provide
25 reasonable assurance that the secondary impacts from the
26 facility will not cause adverse impacts to the functions of
27 wetlands and surface waters, including violations of state
28 water quality standards applicable to waters as defined in s.
29 403.031(13), and will meet the public interest test of s.
30 373.414(1)(a), including the potential adverse impacts to
31 manatees. Nothing in this section shall affect the authority
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1 of the governing board or the department to regulate such
2 secondary impacts under this part for other regulated
3 activities.
4 Section 8. Paragraph (d) of subsection (2), paragraphs
5 (a) and (i) of subsection (4), and subsections (15), (19),
6 (24), and (26) of section 380.06, Florida Statutes, are
7 amended, and subsection (28) is added to that section, to
8 read:
9 380.06 Developments of regional impact.--
10 (2) STATEWIDE GUIDELINES AND STANDARDS.--
11 (d) The guidelines and standards shall be applied as
12 follows:
13 1. Fixed thresholds.--
14 a. A development that is below 100 percent of all
15 numerical thresholds in the guidelines and standards shall not
16 be required to undergo development-of-regional-impact review.
17 b. A development that is at or above 120 percent of
18 any numerical threshold shall be required to undergo
19 development-of-regional-impact review.
20 c. Projects certified under s. 403.973 which create at
21 least 100 jobs and meet the criteria of the Office of Tourism,
22 Trade, and Economic Development as to their impact on an
23 area's economy, employment, and prevailing wage and skill
24 levels that are at or below 100 percent of the numerical
25 thresholds for industrial plants, industrial parks,
26 distribution, warehousing or wholesaling facilities, office
27 development or multiuse projects other than residential, as
28 described in s. 380.0651(3)(c), (d), and (h)(i), are not
29 required to undergo development-of-regional-impact review.
30 2. Rebuttable presumption.--It shall be presumed that
31 a development that is at 100 percent or between 100 and 120
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1 percent of a numerical threshold shall be required to undergo
2 development-of-regional-impact review.
3 (4) BINDING LETTER.--
4 (a) If any developer is in doubt whether his or her
5 proposed development must undergo
6 development-of-regional-impact review under the guidelines and
7 standards, whether his or her rights have vested pursuant to
8 subsection (20), or whether a proposed substantial change to a
9 development of regional impact concerning which rights had
10 previously vested pursuant to subsection (20) would divest
11 such rights, the developer may request a determination from
12 the state land planning agency. The developer or the
13 appropriate local government having jurisdiction may request
14 that the state land planning agency determine whether the
15 amount of development that remains to be built in an approved
16 development of regional impact meets the criteria of
17 subparagraph (15)(g)3.
18 (i) In response to an inquiry from a developer or the
19 appropriate local government having jurisdiction, the state
20 land planning agency may issue an informal determination in
21 the form of a clearance letter as to whether a development is
22 required to undergo development-of-regional-impact review or
23 whether the amount of development that remains to be built in
24 an approved development of regional impact meets the criteria
25 of subparagraph (15)(g)3. A clearance letter may be based
26 solely on the information provided by the developer, and the
27 state land planning agency is not required to conduct an
28 investigation of that information. If any material information
29 provided by the developer is incomplete or inaccurate, the
30 clearance letter is not binding upon the state land planning
31 agency. A clearance letter does not constitute final agency
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1 action.
2 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
3 (a) The appropriate local government shall render a
4 decision on the application within 30 days after the hearing
5 unless an extension is requested by the developer.
6 (b) When possible, local governments shall issue
7 development orders concurrently with any other local permits
8 or development approvals that may be applicable to the
9 proposed development.
10 (c) The development order shall include findings of
11 fact and conclusions of law consistent with subsections (13)
12 and (14). The development order:
13 1. Shall specify the monitoring procedures and the
14 local official responsible for assuring compliance by the
15 developer with the development order.
16 2. Shall establish compliance dates for the
17 development order, including a deadline for commencing
18 physical development and for compliance with conditions of
19 approval or phasing requirements, and shall include a buildout
20 termination date that reasonably reflects the time anticipated
21 required to complete the development.
22 3. Shall establish a date until which the local
23 government agrees that the approved development of regional
24 impact shall not be subject to downzoning, unit density
25 reduction, or intensity reduction, unless the local government
26 can demonstrate that substantial changes in the conditions
27 underlying the approval of the development order have occurred
28 or the development order was based on substantially inaccurate
29 information provided by the developer or that the change is
30 clearly established by local government to be essential to the
31 public health, safety, or welfare. The date established
18
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1 pursuant to this subparagraph shall be no sooner than the
2 buildout date of the project.
3 4. Shall specify the requirements for the biennial
4 report designated under subsection (18), including the date of
5 submission, parties to whom the report is submitted, and
6 contents of the report, based upon the rules adopted by the
7 state land planning agency. Such rules shall specify the scope
8 of any additional local requirements that may be necessary for
9 the report.
10 5. May specify the types of changes to the development
11 which shall require submission for a substantial deviation
12 determination or a notice of proposed change under subsection
13 (19).
14 6. Shall include a legal description of the property.
15 (d) Conditions of a development order that require a
16 developer to contribute land for a public facility or
17 construct, expand, or pay for land acquisition or construction
18 or expansion of a public facility, or portion thereof, shall
19 meet the following criteria:
20 1. The need to construct new facilities or add to the
21 present system of public facilities must be reasonably
22 attributable to the proposed development.
23 2. Any contribution of funds, land, or public
24 facilities required from the developer shall be comparable to
25 the amount of funds, land, or public facilities that the state
26 or the local government would reasonably expect to expend or
27 provide, based on projected costs of comparable projects, to
28 mitigate the impacts reasonably attributable to the proposed
29 development.
30 3. Any funds or lands contributed must be expressly
31 designated and used to mitigate impacts reasonably
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1 attributable to the proposed development.
2 4. Construction or expansion of a public facility by a
3 nongovernmental developer as a condition of a development
4 order to mitigate the impacts reasonably attributable to the
5 proposed development is not subject to competitive bidding or
6 competitive negotiation for selection of a contractor or
7 design professional for any part of the construction or design
8 unless required by the local government that issues the
9 development order.
10 (e)1. Effective July 1, 1986, A local government shall
11 not include, as a development order condition for a
12 development of regional impact, any requirement that a
13 developer contribute or pay for land acquisition or
14 construction or expansion of public facilities or portions
15 thereof unless the local government has enacted a local
16 ordinance which requires other development not subject to this
17 section to contribute its proportionate share of the funds,
18 land, or public facilities necessary to accommodate any
19 impacts having a rational nexus to the proposed development,
20 and the need to construct new facilities or add to the present
21 system of public facilities must be reasonably attributable to
22 the proposed development.
23 2. A local government shall not approve a development
24 of regional impact that does not make adequate provision for
25 the public facilities needed to accommodate the impacts of the
26 proposed development unless the local government includes in
27 the development order a commitment by the local government to
28 provide these facilities consistently with the development
29 schedule approved in the development order; however, a local
30 government's failure to meet the requirements of subparagraph
31 1. and this subparagraph shall not preclude the issuance of a
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1 development order where adequate provision is made by the
2 developer for the public facilities needed to accommodate the
3 impacts of the proposed development. Any funds or lands
4 contributed by a developer must be expressly designated and
5 used to accommodate impacts reasonably attributable to the
6 proposed development.
7 3. The Department of Community Affairs and other state
8 and regional agencies involved in the administration and
9 implementation of this act shall cooperate and work with units
10 of local government in preparing and adopting local impact fee
11 and other contribution ordinances.
12 (f) Notice of the adoption of a development order or
13 the subsequent amendments to an adopted development order
14 shall be recorded by the developer, in accordance with s.
15 28.222, with the clerk of the circuit court for each county in
16 which the development is located. The notice shall include a
17 legal description of the property covered by the order and
18 shall state which unit of local government adopted the
19 development order, the date of adoption, the date of adoption
20 of any amendments to the development order, the location where
21 the adopted order with any amendments may be examined, and
22 that the development order constitutes a land development
23 regulation applicable to the property. The recording of this
24 notice shall not constitute a lien, cloud, or encumbrance on
25 real property, or actual or constructive notice of any such
26 lien, cloud, or encumbrance. This paragraph applies only to
27 developments initially approved under this section after July
28 1, 1980.
29 (g) A local government shall not issue permits for
30 development subsequent to the buildout termination date or
31 expiration date contained in the development order unless:
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1 1. The proposed development has been evaluated
2 cumulatively with existing development under the substantial
3 deviation provisions of subsection (19) subsequent to the
4 termination or expiration date;
5 2. The proposed development is consistent with an
6 abandonment of development order that has been issued in
7 accordance with the provisions of subsection (26); or
8 3. The development of regional impact is essentially
9 built out, in that all the mitigation requirements in the
10 development order have been satisfied, all developers are in
11 compliance with all applicable terms and conditions of the
12 development order except the buildout date, and the amount of
13 proposed development that remains to be built is less than 20
14 percent of any applicable development-of-regional-impact
15 threshold; or
16 4.3. The project has been determined to be an
17 essentially built-out development of regional impact through
18 an agreement executed by the developer, the state land
19 planning agency, and the local government, in accordance with
20 s. 380.032, which will establish the terms and conditions
21 under which the development may be continued. If the project
22 is determined to be essentially built out built-out,
23 development may proceed pursuant to the s. 380.032 agreement
24 after the termination or expiration date contained in the
25 development order without further
26 development-of-regional-impact review subject to the local
27 government comprehensive plan and land development regulations
28 or subject to a modified development-of-regional-impact
29 analysis. As used in this paragraph, an "essentially
30 built-out" development of regional impact means:
31 a. The developers are development is in compliance
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1 with all applicable terms and conditions of the development
2 order except the buildout built-out date; and
3 b.(I) The amount of development that remains to be
4 built is less than the substantial deviation threshold
5 specified in paragraph (19)(b) for each individual land use
6 category, or, for a multiuse development, the sum total of all
7 unbuilt land uses as a percentage of the applicable
8 substantial deviation threshold is equal to or less than 100
9 percent; or
10 (II) The state land planning agency and the local
11 government have agreed in writing that the amount of
12 development to be built does not create the likelihood of any
13 additional regional impact not previously reviewed.
14
15 The single-family residential portions of a development may be
16 considered "essentially built out" if all of the workforce
17 housing obligations and all of the infrastructure and
18 horizontal development have been completed, at least 50
19 percent of the dwelling units have been completed, and more
20 than 80 percent of the lots have been conveyed to third-party
21 individual lot owners or to individual builders who own no
22 more than 40 lots at the time of the determination. The mobile
23 home park portions of a development may be considered
24 "essentially built out" if all the infrastructure and
25 horizontal development has been completed, and at least 50
26 percent of the lots are leased to individual mobile home
27 owners.
28 (h) If the property is annexed by another local
29 jurisdiction, the annexing jurisdiction shall adopt a new
30 development order that incorporates all previous rights and
31 obligations specified in the prior development order.
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1 (19) SUBSTANTIAL DEVIATIONS.--
2 (a) Any proposed change to a previously approved
3 development which creates a reasonable likelihood of
4 additional regional impact, or any type of regional impact
5 created by the change not previously reviewed by the regional
6 planning agency, shall constitute a substantial deviation and
7 shall cause the proposed change development to be subject to
8 further development-of-regional-impact review. There are a
9 variety of reasons why a developer may wish to propose changes
10 to an approved development of regional impact, including
11 changed market conditions. The procedures set forth in this
12 subsection are for that purpose.
13 (b) Any proposed change to a previously approved
14 development of regional impact or development order condition
15 which, either individually or cumulatively with other changes,
16 exceeds any of the following criteria shall constitute a
17 substantial deviation and shall cause the development to be
18 subject to further development-of-regional-impact review
19 without the necessity for a finding of same by the local
20 government:
21 1. An increase in the number of parking spaces at an
22 attraction or recreational facility by 10 5 percent or 330 300
23 spaces, whichever is greater, or an increase in the number of
24 spectators that may be accommodated at such a facility by 10 5
25 percent or 1,100 1,000 spectators, whichever is greater.
26 2. A new runway, a new terminal facility, a 25-percent
27 lengthening of an existing runway, or a 25-percent increase in
28 the number of gates of an existing terminal, but only if the
29 increase adds at least three additional gates.
30 3. An increase in the number of hospital beds by 5
31 percent or 60 beds, whichever is greater.
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1 3.4. An increase in industrial development area by 10
2 5 percent or 35 32 acres, whichever is greater.
3 4.5. An increase in the average annual acreage mined
4 by 10 5 percent or 11 10 acres, whichever is greater, or an
5 increase in the average daily water consumption by a mining
6 operation by 10 5 percent or 330,000 300,000 gallons,
7 whichever is greater. A net An increase in the size of the
8 mine by 10 5 percent or 825 750 acres, whichever is less. For
9 purposes of calculating any net increases in size, only
10 additions and deletions of lands that have not been mined
11 shall be considered. An increase in the size of a heavy
12 mineral mine as defined in s. 378.403(7) will only constitute
13 a substantial deviation if the average annual acreage mined is
14 more than 550 500 acres and consumes more than 3.3 3 million
15 gallons of water per day.
16 5.6. An increase in land area for office development
17 by 10 5 percent or an increase of gross floor area of office
18 development by 10 5 percent or 66,000 60,000 gross square
19 feet, whichever is greater.
20 7. An increase in the storage capacity for chemical or
21 petroleum storage facilities by 5 percent, 20,000 barrels, or
22 7 million pounds, whichever is greater.
23 8. An increase of development at a waterport of wet
24 storage for 20 watercraft, dry storage for 30 watercraft, or
25 wet/dry storage for 60 watercraft in an area identified in the
26 state marina siting plan as an appropriate site for additional
27 waterport development or a 5-percent increase in watercraft
28 storage capacity, whichever is greater.
29 6.9. An increase in the number of dwelling units by 10
30 5 percent or 55 50 dwelling units, whichever is greater.
31 7. An increase in the number of dwelling units by 50
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1 percent or 200 units, whichever is greater, provided that 15
2 percent of the proposed additional dwelling units are
3 dedicated to affordable workforce housing, subject to a
4 recorded land use restriction that shall be for a period of
5 not less than 20 years and that includes resale provisions to
6 ensure long-term affordability for income-eligible homeowners
7 and renters and provisions for the workforce housing to be
8 commenced prior to the completion of 50 percent of the market
9 rate dwelling. For purposes of this subparagraph, the term
10 "affordable workforce housing" means housing that is
11 affordable to a person who earns less than 120 percent of the
12 area median income, or less than 140 percent of the area
13 median income if located in a county in which the median
14 purchase price for a single-family existing home exceeds the
15 statewide median purchase price of a single-family existing
16 home. For purposes of this subparagraph, the term "statewide
17 median purchase price of a single-family existing home" means
18 the statewide purchase price as determined in the Florida
19 Sales Report, Single-Family Existing Homes, released each
20 January by the Florida Association of Realtors and the
21 University of Florida Real Estate Research Center.
22 8.10. An increase in commercial development by 55,000
23 50,000 square feet of gross floor area or of parking spaces
24 provided for customers for 330 300 cars or a 10-percent
25 5-percent increase of either of these, whichever is greater.
26 9.11. An increase in hotel or motel rooms facility
27 units by 10 5 percent or 83 rooms 75 units, whichever is
28 greater.
29 10.12. An increase in a recreational vehicle park area
30 by 10 5 percent or 110 100 vehicle spaces, whichever is less.
31 11.13. A decrease in the area set aside for open space
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1 of 5 percent or 20 acres, whichever is less.
2 12.14. A proposed increase to an approved multiuse
3 development of regional impact where the sum of the increases
4 of each land use as a percentage of the applicable substantial
5 deviation criteria is equal to or exceeds 110 100 percent. The
6 percentage of any decrease in the amount of open space shall
7 be treated as an increase for purposes of determining when 110
8 100 percent has been reached or exceeded.
9 13.15. A 15-percent increase in the number of external
10 vehicle trips generated by the development above that which
11 was projected during the original
12 development-of-regional-impact review.
13 14.16. Any change which would result in development of
14 any area which was specifically set aside in the application
15 for development approval or in the development order for
16 preservation or special protection of endangered or threatened
17 plants or animals designated as endangered, threatened, or
18 species of special concern and their habitat, any species
19 protected by 16 U.S.C. s. 668a-668d, primary dunes, or
20 archaeological and historical sites designated as significant
21 by the Division of Historical Resources of the Department of
22 State. The further refinement of the boundaries and
23 configuration of such areas by survey shall be considered
24 under sub-subparagraph (e)2.j. (e)5.b.
25
26 The substantial deviation numerical standards in subparagraphs
27 3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding
28 residential uses, and in subparagraph 13. 15., are increased
29 by 100 percent for a project certified under s. 403.973 which
30 creates jobs and meets criteria established by the Office of
31 Tourism, Trade, and Economic Development as to its impact on
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1 an area's economy, employment, and prevailing wage and skill
2 levels. The substantial deviation numerical standards in
3 subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. 4., 6., 9.,
4 10., 11., and 14. are increased by 50 percent for a project
5 located wholly within an urban infill and redevelopment area
6 designated on the applicable adopted local comprehensive plan
7 future land use map and not located within the coastal high
8 hazard area.
9 (c) An extension of the date of buildout of a
10 development, or any phase thereof, by more than 7 or more
11 years shall be presumed to create a substantial deviation
12 subject to further development-of-regional-impact review. An
13 extension of the date of buildout, or any phase thereof, of
14 more than 5 years or more but not more less than 7 years shall
15 be presumed not to create a substantial deviation. The
16 extension of the date of buildout of an areawide development
17 of regional impact by more than 5 years but less than 10 years
18 is presumed not to create a substantial deviation. These
19 presumptions may be rebutted by clear and convincing evidence
20 at the public hearing held by the local government. An
21 extension of 5 years or less than 5 years is not a substantial
22 deviation. For the purpose of calculating when a buildout or,
23 phase, or termination date has been exceeded, the time shall
24 be tolled during the pendency of administrative or judicial
25 proceedings relating to development permits. Any extension of
26 the buildout date of a project or a phase thereof shall
27 automatically extend the commencement date of the project, the
28 termination date of the development order, the expiration date
29 of the development of regional impact, and the phases thereof,
30 if applicable, by a like period of time.
31 (d) A change in the plan of development of an approved
28
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1 development of regional impact resulting from requirements
2 imposed by the Department of Environmental Protection or any
3 water management district created by s. 373.069 or any of
4 their successor agencies or by any appropriate federal
5 regulatory agency shall be submitted to the local government
6 pursuant to this subsection. The change shall be presumed not
7 to create a substantial deviation subject to further
8 development-of-regional-impact review. The presumption may be
9 rebutted by clear and convincing evidence at the public
10 hearing held by the local government.
11 (e)1. Except for a development order rendered pursuant
12 to subsection (22) or subsection (25), a proposed change to a
13 development order that individually or cumulatively with any
14 previous change is less than any numerical criterion contained
15 in subparagraphs (b)1.-13. (b)1.-15. and does not exceed any
16 other criterion, or that involves an extension of the buildout
17 date of a development, or any phase thereof, of less than 5
18 years is not subject to the public hearing requirements of
19 subparagraph (f)3., and is not subject to a determination
20 pursuant to subparagraph (f)5. Notice of the proposed change
21 shall be made to the regional planning council and the state
22 land planning agency. Such notice shall include a description
23 of previous individual changes made to the development,
24 including changes previously approved by the local government,
25 and shall include appropriate amendments to the development
26 order.
27 2. The following changes, individually or cumulatively
28 with any previous changes, are not substantial deviations:
29 a. Changes in the name of the project, developer,
30 owner, or monitoring official.
31 b. Changes to a setback that do not affect noise
29
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1 buffers, environmental protection or mitigation areas, or
2 archaeological or historical resources.
3 c. Changes to minimum lot sizes.
4 d. Changes in the configuration of internal roads that
5 do not affect external access points.
6 e. Changes to the building design or orientation that
7 stay approximately within the approved area designated for
8 such building and parking lot, and which do not affect
9 historical buildings designated as significant by the Division
10 of Historical Resources of the Department of State.
11 f. Changes to increase the acreage in the development,
12 provided that no development is proposed on the acreage to be
13 added.
14 g. Changes to eliminate an approved land use, provided
15 that there are no additional regional impacts.
16 h. Changes required to conform to permits approved by
17 any federal, state, or regional permitting agency, provided
18 that these changes do not create additional regional impacts.
19 i. Any renovation or redevelopment of development
20 within a previously approved development of regional impact
21 which does not change land use or increase density or
22 intensity of use.
23 j. Changes that modify boundaries and configuration of
24 areas described in subparagraph (b)14. due to science-based
25 refinement of such areas by survey, by habitat evaluation, by
26 other recognized assessment methodology, or by an
27 environmental assessment. In order for changes to qualify
28 under this sub-subparagraph, the survey, habitat evaluation,
29 or assessment must occur prior to the time a conservation
30 easement protecting such lands is recorded and must not result
31 in any net decrease in the total acreage of the lands
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1 specifically set aside for permanent preservation in the final
2 development order.
3 k.j. Any other change which the state land planning
4 agency, in consultation with the regional planning council,
5 agrees in writing is similar in nature, impact, or character
6 to the changes enumerated in sub-subparagraphs a.-j. a.-i. and
7 which does not create the likelihood of any additional
8 regional impact.
9
10 This subsection does not require the filing of a notice of
11 proposed change but shall require an application to the local
12 government to amend the development order in accordance with
13 the local government's procedures for amendment of a
14 development order. In accordance with the local government's
15 procedures, including requirements for notice to the applicant
16 and the public, the local government shall either deny the
17 application for amendment or adopt an amendment to the
18 development order which approves the application with or
19 without conditions. Following adoption, the local government
20 shall render to the state land planning agency the amendment
21 to the development order. The state land planning agency may
22 appeal, pursuant to s. 380.07(3), the amendment to the
23 development order if the amendment involves sub-subparagraph
24 g., sub-subparagraph h., sub-subparagraph j., or
25 sub-subparagraph k. and it believes the change creates a
26 reasonable likelihood of new or additional regional impacts a
27 development order amendment for any change listed in
28 sub-subparagraphs a.-j. unless such issue is addressed either
29 in the existing development order or in the application for
30 development approval, but, in the case of the application,
31 only if, and in the manner in which, the application is
31
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1 incorporated in the development order.
2 3. Except for the change authorized by
3 sub-subparagraph 2.f., any addition of land not previously
4 reviewed or any change not specified in paragraph (b) or
5 paragraph (c) shall be presumed to create a substantial
6 deviation. This presumption may be rebutted by clear and
7 convincing evidence.
8 4. Any submittal of a proposed change to a previously
9 approved development shall include a description of individual
10 changes previously made to the development, including changes
11 previously approved by the local government. The local
12 government shall consider the previous and current proposed
13 changes in deciding whether such changes cumulatively
14 constitute a substantial deviation requiring further
15 development-of-regional-impact review.
16 5. The following changes to an approved development of
17 regional impact shall be presumed to create a substantial
18 deviation. Such presumption may be rebutted by clear and
19 convincing evidence.
20 a. A change proposed for 15 percent or more of the
21 acreage to a land use not previously approved in the
22 development order. Changes of less than 15 percent shall be
23 presumed not to create a substantial deviation.
24 b. Except for the types of uses listed in subparagraph
25 (b)16., any change which would result in the development of
26 any area which was specifically set aside in the application
27 for development approval or in the development order for
28 preservation, buffers, or special protection, including
29 habitat for plant and animal species, archaeological and
30 historical sites, dunes, and other special areas.
31 b.c. Notwithstanding any provision of paragraph (b) to
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1 the contrary, a proposed change consisting of simultaneous
2 increases and decreases of at least two of the uses within an
3 authorized multiuse development of regional impact which was
4 originally approved with three or more uses specified in s.
5 380.0651(3)(c), (d), (e)(f), and (f)(g) and residential use.
6 (f)1. The state land planning agency shall establish
7 by rule standard forms for submittal of proposed changes to a
8 previously approved development of regional impact which may
9 require further development-of-regional-impact review. At a
10 minimum, the standard form shall require the developer to
11 provide the precise language that the developer proposes to
12 delete or add as an amendment to the development order.
13 2. The developer shall submit, simultaneously, to the
14 local government, the regional planning agency, and the state
15 land planning agency the request for approval of a proposed
16 change.
17 3. No sooner than 30 days but no later than 45 days
18 after submittal by the developer to the local government, the
19 state land planning agency, and the appropriate regional
20 planning agency, the local government shall give 15 days'
21 notice and schedule a public hearing to consider the change
22 that the developer asserts does not create a substantial
23 deviation. This public hearing shall be held within 60 90 days
24 after submittal of the proposed changes, unless that time is
25 extended by the developer.
26 4. The appropriate regional planning agency or the
27 state land planning agency shall review the proposed change
28 and, no later than 45 days after submittal by the developer of
29 the proposed change, unless that time is extended by the
30 developer, and prior to the public hearing at which the
31 proposed change is to be considered, shall advise the local
33
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1 government in writing whether it objects to the proposed
2 change, shall specify the reasons for its objection, if any,
3 and shall provide a copy to the developer.
4 5. At the public hearing, the local government shall
5 determine whether the proposed change requires further
6 development-of-regional-impact review. The provisions of
7 paragraphs (a) and (e), the thresholds set forth in paragraph
8 (b), and the presumptions set forth in paragraphs (c) and (d)
9 and subparagraph (e)3. shall be applicable in determining
10 whether further development-of-regional-impact review is
11 required.
12 6. If the local government determines that the
13 proposed change does not require further
14 development-of-regional-impact review and is otherwise
15 approved, or if the proposed change is not subject to a
16 hearing and determination pursuant to subparagraphs 3. and 5.
17 and is otherwise approved, the local government shall issue an
18 amendment to the development order incorporating the approved
19 change and conditions of approval relating to the change. The
20 requirement that a change be otherwise approved shall not be
21 construed to require additional local review or approval if
22 the change is allowed by applicable local ordinances without
23 further local review or approval. The decision of the local
24 government to approve, with or without conditions, or to deny
25 the proposed change that the developer asserts does not
26 require further review shall be subject to the appeal
27 provisions of s. 380.07. However, the state land planning
28 agency may not appeal the local government decision if it did
29 not comply with subparagraph 4. The state land planning agency
30 may not appeal a change to a development order made pursuant
31 to subparagraph (e)1. or subparagraph (e)2. for developments
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1 of regional impact approved after January 1, 1980, unless the
2 change would result in a significant impact to a regionally
3 significant archaeological, historical, or natural resource
4 not previously identified in the original
5 development-of-regional-impact review.
6 (g) If a proposed change requires further
7 development-of-regional-impact review pursuant to this
8 section, the review shall be conducted subject to the
9 following additional conditions:
10 1. The development-of-regional-impact review conducted
11 by the appropriate regional planning agency shall address only
12 those issues raised by the proposed change except as provided
13 in subparagraph 2.
14 2. The regional planning agency shall consider, and
15 the local government shall determine whether to approve,
16 approve with conditions, or deny the proposed change as it
17 relates to the entire development. If the local government
18 determines that the proposed change, as it relates to the
19 entire development, is unacceptable, the local government
20 shall deny the change.
21 3. If the local government determines that the
22 proposed change, as it relates to the entire development,
23 should be approved, any new conditions in the amendment to the
24 development order issued by the local government shall address
25 only those issues raised by the proposed change and require
26 mitigation only for the individual and cumulative impacts of
27 the proposed change.
28 4. Development within the previously approved
29 development of regional impact may continue, as approved,
30 during the development-of-regional-impact review in those
31 portions of the development which are not directly affected by
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1 the proposed change.
2 (h) When further development-of-regional-impact review
3 is required because a substantial deviation has been
4 determined or admitted by the developer, the amendment to the
5 development order issued by the local government shall be
6 consistent with the requirements of subsection (15) and shall
7 be subject to the hearing and appeal provisions of s. 380.07.
8 The state land planning agency or the appropriate regional
9 planning agency need not participate at the local hearing in
10 order to appeal a local government development order issued
11 pursuant to this paragraph.
12 (i) An increase in the number of residential dwelling
13 units shall not constitute a substantial deviation and shall
14 not be subject to development-of-regional-impact review for
15 additional impacts provided that all the residential dwelling
16 units are dedicated to affordable workforce housing and the
17 total number of new residential units does not exceed 200
18 percent of the substantial deviation threshold. The affordable
19 workforce housing shall be subject to a recorded land use
20 restriction that shall be for a period of not less than 20
21 years and that includes resale provisions to ensure long-term
22 affordability for income-eligible homeowners and renters. For
23 purposes of this paragraph, the term "affordable workforce
24 housing" means housing that is affordable to a person who
25 earns less than 120 percent of the area median income, or less
26 than 140 percent of the area median income if located in a
27 county in which the median purchase price for a single-family
28 existing home exceeds the statewide median purchase price of a
29 single-family existing home. For purposes of this paragraph,
30 the term "statewide median purchase price of a single-family
31 existing home" means the statewide purchase price as
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1 determined in the Florida Sales Report, Single-Family Existing
2 Homes, released each January by the Florida Association of
3 Realtors and the University of Florida Real Estate Research
4 Center.
5 (24) STATUTORY EXEMPTIONS.--
6 (a) Any proposed hospital which has a designed
7 capacity of not more than 100 beds is exempt from the
8 provisions of this section.
9 (b) Any proposed electrical transmission line or
10 electrical power plant is exempt from the provisions of this
11 section, except any steam or solar electrical generating
12 facility of less than 50 megawatts in capacity attached to a
13 development of regional impact.
14 (c) Any proposed addition to an existing sports
15 facility complex is exempt from the provisions of this section
16 if the addition meets the following characteristics:
17 1. It would not operate concurrently with the
18 scheduled hours of operation of the existing facility.
19 2. Its seating capacity would be no more than 75
20 percent of the capacity of the existing facility.
21 3. The sports facility complex property is owned by a
22 public body prior to July 1, 1983.
23
24 This exemption does not apply to any pari-mutuel facility.
25 (d) Any proposed addition or cumulative additions
26 subsequent to July 1, 1988, to an existing sports facility
27 complex owned by a state university is exempt if the increased
28 seating capacity of the complex is no more than 30 percent of
29 the capacity of the existing facility.
30 (e) Any addition of permanent seats or parking spaces
31 for an existing sports facility located on property owned by a
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1 public body prior to July 1, 1973, is exempt from the
2 provisions of this section if future additions do not expand
3 existing permanent seating or parking capacity more than 15
4 percent annually in excess of the prior year's capacity.
5 (f) Any increase in the seating capacity of an
6 existing sports facility having a permanent seating capacity
7 of at least 50,000 spectators is exempt from the provisions of
8 this section, provided that such an increase does not increase
9 permanent seating capacity by more than 5 percent per year and
10 not to exceed a total of 10 percent in any 5-year period, and
11 provided that the sports facility notifies the appropriate
12 local government within which the facility is located of the
13 increase at least 6 months prior to the initial use of the
14 increased seating, in order to permit the appropriate local
15 government to develop a traffic management plan for the
16 traffic generated by the increase. Any traffic management plan
17 shall be consistent with the local comprehensive plan, the
18 regional policy plan, and the state comprehensive plan.
19 (g) Any expansion in the permanent seating capacity or
20 additional improved parking facilities of an existing sports
21 facility is exempt from the provisions of this section, if the
22 following conditions exist:
23 1.a. The sports facility had a permanent seating
24 capacity on January 1, 1991, of at least 41,000 spectator
25 seats;
26 b. The sum of such expansions in permanent seating
27 capacity does not exceed a total of 10 percent in any 5-year
28 period and does not exceed a cumulative total of 20 percent
29 for any such expansions; or
30 c. The increase in additional improved parking
31 facilities is a one-time addition and does not exceed 3,500
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1 parking spaces serving the sports facility; and
2 2. The local government having jurisdiction of the
3 sports facility includes in the development order or
4 development permit approving such expansion under this
5 paragraph a finding of fact that the proposed expansion is
6 consistent with the transportation, water, sewer and
7 stormwater drainage provisions of the approved local
8 comprehensive plan and local land development regulations
9 relating to those provisions.
10
11 Any owner or developer who intends to rely on this statutory
12 exemption shall provide to the department a copy of the local
13 government application for a development permit. Within 45
14 days of receipt of the application, the department shall
15 render to the local government an advisory and nonbinding
16 opinion, in writing, stating whether, in the department's
17 opinion, the prescribed conditions exist for an exemption
18 under this paragraph. The local government shall render the
19 development order approving each such expansion to the
20 department. The owner, developer, or department may appeal the
21 local government development order pursuant to s. 380.07,
22 within 45 days after the order is rendered. The scope of
23 review shall be limited to the determination of whether the
24 conditions prescribed in this paragraph exist. If any sports
25 facility expansion undergoes development of regional impact
26 review, all previous expansions which were exempt under this
27 paragraph shall be included in the development of regional
28 impact review.
29 (h) Expansion to port harbors, spoil disposal sites,
30 navigation channels, turning basins, harbor berths, and other
31 related inwater harbor facilities of ports listed in s.
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1 403.021(9)(b), port transportation facilities and projects
2 listed in s. 311.07(3)(b), and intermodal transportation
3 facilities identified pursuant to s. 311.09(3) are exempt from
4 the provisions of this section when such expansions, projects,
5 or facilities are consistent with comprehensive master plans
6 that are in compliance with the provisions of s. 163.3178.
7 (i) Any proposed facility for the storage of any
8 petroleum product or any expansion of an existing facility is
9 exempt from the provisions of this section, if the facility is
10 consistent with a local comprehensive plan that is in
11 compliance with s. 163.3177 or is consistent with a
12 comprehensive port master plan that is in compliance with s.
13 163.3178.
14 (j) Any renovation or redevelopment within the same
15 land parcel which does not change land use or increase density
16 or intensity of use.
17 (k)1. Waterport and marina development, including dry
18 storage facilities, are exempt from the provisions of this
19 section Any waterport or marina development is exempt from the
20 provisions of this section if the relevant county or
21 municipality has adopted a boating facility siting plan or
22 policy which includes applicable criteria, considering such
23 factors as natural resources, manatee protection needs and
24 recreation and economic demands as generally outlined in the
25 Bureau of Protected Species Management Boat Facility Siting
26 Guide, dated August 2000, into the coastal management or land
27 use element of its comprehensive plan. The adoption of boating
28 facility siting plans or policies into the comprehensive plan
29 is exempt from the provisions of s. 163.3187(1). Any waterport
30 or marina development within the municipalities or counties
31 with boating facility siting plans or policies that meet the
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1 above criteria, adopted prior to April 1, 2002, are exempt
2 from the provisions of this section, when their boating
3 facility siting plan or policy is adopted as part of the
4 relevant local government's comprehensive plan.
5 2. Within 6 months of the effective date of this law,
6 The Department of Community Affairs, in conjunction with the
7 Department of Environmental Protection and the Florida Fish
8 and Wildlife Conservation Commission, shall provide technical
9 assistance and guidelines, including model plans, policies and
10 criteria to local governments for the development of their
11 siting plans.
12 (l) Any proposed development within an urban service
13 boundary established under s. 163.3177(14) is exempt from the
14 provisions of this section if the local government having
15 jurisdiction over the area where the development is proposed
16 has adopted the urban service boundary, and has entered into a
17 binding agreement with adjacent jurisdictions that would be
18 impacted and with the Department of Transportation regarding
19 the mitigation of impacts on state and regional transportation
20 facilities, and has adopted a proportionate share methodology
21 pursuant to s. 163.3180(16).
22 (m) Any proposed development within a rural land
23 stewardship area created under s. 163.3177(11)(d) is exempt
24 from the provisions of this section if the local government
25 that has adopted the rural land stewardship area has entered
26 into a binding agreement with jurisdictions that would be
27 impacted and the Department of Transportation regarding the
28 mitigation of impacts on state and regional transportation
29 facilities, and has adopted a proportionate share methodology
30 pursuant to s. 163.3180(16).
31 (n) Any proposed development or redevelopment within
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1 an area designated as an urban infill and redevelopment area
2 under s. 163.2517 is exempt from the provisions of this
3 section if the local government has entered into a binding
4 agreement with jurisdictions that would be impacted and the
5 Department of Transportation regarding the mitigation of
6 impacts on state and regional transportation facilities, and
7 has adopted a proportionate share methodology pursuant to s.
8 163.3180(16).
9 (o) The establishment, relocation, or expansion of any
10 military installation as defined in s. 163.3175, is exempt
11 from this section.
12 (p) Any self-storage warehousing that does not allow
13 retail or other services is exempt from this section.
14 (q) Any proposed nursing home or assisted living
15 facility is exempt from this section.
16 (r) Any development identified in an airport master
17 plan and adopted into the comprehensive plan pursuant to s.
18 163.3177(6)(k) is exempt from this section.
19 (s) Any development identified in a campus master plan
20 and adopted pursuant to s. 1013.30 is exempt from this
21 section.
22 (t) Any development in a specific area plan which is
23 prepared pursuant to s. 163.3245 and adopted into the
24 comprehensive plan is exempt from this section.
25
26 If a use is exempt from review as a development of regional
27 impact under paragraphs (a)-(t) but will be part of a larger
28 project that is subject to review as a development of regional
29 impact, the impact of the exempt use must be included in the
30 review of the larger project.
31 (26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.--
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1 (a) There is hereby established a process to abandon a
2 development of regional impact and its associated development
3 orders. A development of regional impact and its associated
4 development orders may be proposed to be abandoned by the
5 owner or developer. The local government in which the
6 development of regional impact is located also may propose to
7 abandon the development of regional impact, provided that the
8 local government gives individual written notice to each
9 development-of-regional-impact owner and developer of record,
10 and provided that no such owner or developer objects in
11 writing to the local government prior to or at the public
12 hearing pertaining to abandonment of the development of
13 regional impact. The state land planning agency is authorized
14 to promulgate rules that shall include, but not be limited to,
15 criteria for determining whether to grant, grant with
16 conditions, or deny a proposal to abandon, and provisions to
17 ensure that the developer satisfies all applicable conditions
18 of the development order and adequately mitigates for the
19 impacts of the development. If there is no existing
20 development within the development of regional impact at the
21 time of abandonment and no development within the development
22 of regional impact is proposed by the owner or developer after
23 such abandonment, an abandonment order shall not require the
24 owner or developer to contribute any land, funds, or public
25 facilities as a condition of such abandonment order. The rules
26 shall also provide a procedure for filing notice of the
27 abandonment pursuant to s. 28.222 with the clerk of the
28 circuit court for each county in which the development of
29 regional impact is located. Any decision by a local government
30 concerning the abandonment of a development of regional impact
31 shall be subject to an appeal pursuant to s. 380.07. The
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1 issues in any such appeal shall be confined to whether the
2 provisions of this subsection or any rules promulgated
3 thereunder have been satisfied.
4 (b) Upon receipt of written confirmation from the
5 state land planning agency that any required mitigation
6 applicable to completed development has occurred, an
7 industrial development of regional impact located within the
8 coastal high-hazard area of a rural county of economic concern
9 which was approved prior to the adoption of the local
10 government's comprehensive plan required under s. 163.3167 and
11 which plan's future land use map and zoning designates the
12 land use for the development of regional impact as commercial
13 may be unilaterally abandoned without the need to proceed
14 through the process described in paragraph (a) if the
15 developer or owner provides a notice of abandonment to the
16 local government and records such notice with the applicable
17 clerk of court. Abandonment shall be deemed to have occurred
18 upon the recording of the notice. All development following
19 abandonment shall be fully consistent with the current
20 comprehensive plan and applicable zoning.
21 (28) PARTIAL STATUTORY EXEMPTIONS.--
22 (a) If the binding agreement referenced under
23 paragraph (24)(l) for urban service boundaries is not entered
24 into within 12 months after establishment of the urban service
25 boundary, the development-of-regional-impact review for
26 projects within the urban service boundary must address
27 transportation impacts only.
28 (b) If the binding agreement referenced under
29 paragraph (24)(m) for rural land stewardship areas is not
30 entered into within 12 months after the designation of a rural
31 land stewardship area, the development-of-regional-impact
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1 review for projects within the rural land stewardship area
2 must address transportation impacts only.
3 (c) If the binding agreement referenced under
4 paragraph (24)(n) for designated urban infill and
5 redevelopment areas is not entered into within 12 months after
6 the designation of the area or July 1, 2007, whichever occurs
7 later, the development-of-regional-impact review for projects
8 within the urban infill and redevelopment area must address
9 transportation impacts only.
10 (d) A local government that does not wish to enter
11 into a binding agreement or that is unable to agree on the
12 terms of the agreement referenced under paragraph (24)(l),
13 paragraph (24)(m), or paragraph (24)(n) shall provide written
14 notification to the state land planning agency of the decision
15 to not enter into a binding agreement or the failure to enter
16 into a binding agreement within the 12-month period referenced
17 in paragraphs (a), (b) and (c). Following the notification of
18 the state land planning agency, development-of-regional-impact
19 review for projects within an urban service boundary under
20 paragraph (24)(l), a rural land stewardship area under
21 paragraph (24)(m), or an urban infill and redevelopment area
22 under paragraph (24)(n), must address transportation impacts
23 only.
24 (e) The vesting provision of s. 163.3167(8) relating
25 to an authorized development of regional impact shall not
26 apply to those projects partially exempt from the
27 development-of-regional-impact review process under paragraphs
28 (a)-(d).
29 Section 9. Paragraphs (d) and (e) of subsection (3) of
30 section 380.0651, Florida Statutes, are amended, paragraphs
31 (f) through (i) are redesignated as paragraphs (e) through
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1 (h), respectively, paragraph (j) is redesignated as paragraph
2 (i) and amended, and a new paragraph (j) is added to that
3 subsection, to read:
4 380.0651 Statewide guidelines and standards.--
5 (3) The following statewide guidelines and standards
6 shall be applied in the manner described in s. 380.06(2) to
7 determine whether the following developments shall be required
8 to undergo development-of-regional-impact review:
9 (d) Office development.--Any proposed office building
10 or park operated under common ownership, development plan, or
11 management that:
12 1. Encompasses 300,000 or more square feet of gross
13 floor area; or
14 2. Encompasses more than 600,000 square feet of gross
15 floor area in a county with a population greater than 500,000
16 and only in a geographic area specifically designated as
17 highly suitable for increased threshold intensity in the
18 approved local comprehensive plan and in the strategic
19 regional policy plan.
20 (e) Port facilities.--The proposed construction of any
21 waterport or marina is required to undergo
22 development-of-regional-impact review, except one designed
23 for:
24 1.a. The wet storage or mooring of fewer than 150
25 watercraft used exclusively for sport, pleasure, or commercial
26 fishing, or
27 b. The dry storage of fewer than 200 watercraft used
28 exclusively for sport, pleasure, or commercial fishing, or
29 c. The wet or dry storage or mooring of fewer than 150
30 watercraft on or adjacent to an inland freshwater lake except
31 Lake Okeechobee or any lake which has been designated an
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1 Outstanding Florida Water, or
2 d. The wet or dry storage or mooring of fewer than 50
3 watercraft of 40 feet in length or less of any type or
4 purpose. The exceptions to this paragraph's requirements for
5 development-of-regional-impact review shall not apply to any
6 waterport or marina facility located within or which serves
7 physical development located within a coastal barrier resource
8 unit on an unbridged barrier island designated pursuant to 16
9 U.S.C. s. 3501.
10
11 In addition to the foregoing, for projects for which no
12 environmental resource permit or sovereign submerged land
13 lease is required, the Department of Environmental Protection
14 must determine in writing that a proposed marina in excess of
15 10 slips or storage spaces or a combination of the two is
16 located so that it will not adversely impact Outstanding
17 Florida Waters or Class II waters and will not contribute boat
18 traffic in a manner that will have an adverse impact on an
19 area known to be, or likely to be, frequented by manatees. If
20 the Department of Environmental Protection fails to issue its
21 determination within 45 days of receipt of a formal written
22 request, it has waived its authority to make such
23 determination. The Department of Environmental Protection
24 determination shall constitute final agency action pursuant to
25 chapter 120.
26 2. The dry storage of fewer than 300 watercraft used
27 exclusively for sport, pleasure, or commercial fishing at a
28 marina constructed and in operation prior to July 1, 1985.
29 3. Any proposed marina development with both wet and
30 dry mooring or storage used exclusively for sport, pleasure,
31 or commercial fishing, where the sum of percentages of the
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1 applicable wet and dry mooring or storage thresholds equals
2 100 percent. This threshold is in addition to, and does not
3 preclude, a development from being required to undergo
4 development-of-regional-impact review under sub-subparagraphs
5 1.a. and b. and subparagraph 2.
6 (i)(j) Residential development.--No rule may be
7 adopted concerning residential developments which treats a
8 residential development in one county as being located in a
9 less populated adjacent county unless more than 25 percent of
10 the development is located within 2 or less miles of the less
11 populated adjacent county. The residential thresholds of
12 adjacent counties with less population and a lower threshold
13 shall not be controlling on any development wholly located
14 within areas designated as rural areas of critical economic
15 concern.
16 (j) Workforce housing.--The applicable guidelines for
17 residential development and the residential component for
18 multiuse development shall be increased by 50 percent where
19 the developer demonstrates that at least 15 percent of the
20 total residential dwelling units authorized within the
21 development of regional impact will be dedicated to affordable
22 workforce housing, subject to a recorded land use restriction
23 that shall be for a period of not less than 20 years and that
24 includes resale provisions to ensure long-term affordability
25 for income-eligible homeowners and renters and provisions for
26 the workforce housing to be commenced prior to the completion
27 of 50 percent of the market rate dwelling. For purposes of
28 this paragraph, the term "affordable workforce housing" means
29 housing that is affordable to a person who earns less than 120
30 percent of the area median income, or less than 140 percent of
31 the area median income if located in a county in which the
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1 median purchase price for a single-family existing home
2 exceeds the statewide median purchase price of a single-family
3 existing home. For the purposes of this paragraph, the term
4 "statewide median purchase price of a single-family existing
5 home" means the statewide purchase price as determined in the
6 Florida Sales Report, Single-Family Existing Homes, released
7 each January by the Florida Association of Realtors and the
8 University of Florida Real Estate Research Center.
9 Section 10. Section 380.07, Florida Statutes, is
10 amended to read:
11 380.07 Florida Land and Water Adjudicatory
12 Commission.--
13 (1) There is hereby created the Florida Land and Water
14 Adjudicatory Commission, which shall consist of the
15 Administration Commission. The commission may adopt rules
16 necessary to ensure compliance with the area of critical state
17 concern program and the requirements for developments of
18 regional impact as set forth in this chapter.
19 (2) Whenever any local government issues any
20 development order in any area of critical state concern, or in
21 regard to any development of regional impact, copies of such
22 orders as prescribed by rule by the state land planning agency
23 shall be transmitted to the state land planning agency, the
24 regional planning agency, and the owner or developer of the
25 property affected by such order. The state land planning
26 agency shall adopt rules describing development order
27 rendition and effectiveness in designated areas of critical
28 state concern. Within 45 days after the order is rendered, the
29 owner, the developer, or the state land planning agency may
30 appeal the order to the Florida Land and Water Adjudicatory
31 Commission by filing a petition alleging that the development
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1 order is not consistent with the provisions of this part
2 notice of appeal with the commission. The appropriate regional
3 planning agency by vote at a regularly scheduled meeting may
4 recommend that the state land planning agency undertake an
5 appeal of a development-of-regional-impact development order.
6 Upon the request of an appropriate regional planning council,
7 affected local government, or any citizen, the state land
8 planning agency shall consider whether to appeal the order and
9 shall respond to the request within the 45-day appeal period.
10 Any appeal taken by a regional planning agency between March
11 1, 1993, and the effective date of this section may only be
12 continued if the state land planning agency has also filed an
13 appeal. Any appeal initiated by a regional planning agency on
14 or before March 1, 1993, shall continue until completion of
15 the appeal process and any subsequent appellate review, as if
16 the regional planning agency were authorized to initiate the
17 appeal.
18 (3) Notwithstanding any other provision of law, an
19 appeal of a development order by the state land planning
20 agency under this section may include consistency of the
21 development order with the local comprehensive plan. However,
22 if a development order relating to a development of regional
23 impact has been challenged in a proceeding under s. 163.3215
24 and a party to the proceeding serves notice to the state land
25 planning agency of the pending proceeding under s. 163.3215,
26 the state land planning agency shall:
27 (a) Raise its consistency issues by intervening as a
28 full party in the pending proceeding under s. 163.3215 within
29 30 days after service of the notice; and
30 (b) Dismiss the consistency issues from the
31 development order appeal.
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1 (4) The appellant shall furnish a copy of the petition
2 to the opposing party, as the case may be, and to the local
3 government that issued the order. The filing of the petition
4 stays the effectiveness of the order until after the
5 completion of the appeal process.
6 (5)(3) The 45-day appeal period for a development of
7 regional impact within the jurisdiction of more than one local
8 government shall not commence until after all the local
9 governments having jurisdiction over the proposed development
10 of regional impact have rendered their development orders. The
11 appellant shall furnish a copy of the notice of appeal to the
12 opposing party, as the case may be, and to the local
13 government which issued the order. The filing of the notice of
14 appeal shall stay the effectiveness of the order until after
15 the completion of the appeal process.
16 (6)(4) Prior to issuing an order, the Florida Land and
17 Water Adjudicatory Commission shall hold a hearing pursuant to
18 the provisions of chapter 120. The commission shall encourage
19 the submission of appeals on the record made below in cases in
20 which the development order was issued after a full and
21 complete hearing before the local government or an agency
22 thereof.
23 (7)(5) The Florida Land and Water Adjudicatory
24 Commission shall issue a decision granting or denying
25 permission to develop pursuant to the standards of this
26 chapter and may attach conditions and restrictions to its
27 decisions.
28 (8)(6) If an appeal is filed with respect to any
29 issues within the scope of a permitting program authorized by
30 chapter 161, chapter 373, or chapter 403 and for which a
31 permit or conceptual review approval has been obtained prior
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1 to the issuance of a development order, any such issue shall
2 be specifically identified in the notice of appeal which is
3 filed pursuant to this section, together with other issues
4 which constitute grounds for the appeal. The appeal may
5 proceed with respect to issues within the scope of permitting
6 programs for which a permit or conceptual review approval has
7 been obtained prior to the issuance of a development order
8 only after the commission determines by majority vote at a
9 regularly scheduled commission meeting that statewide or
10 regional interests may be adversely affected by the
11 development. In making this determination, there shall be a
12 rebuttable presumption that statewide and regional interests
13 relating to issues within the scope of the permitting programs
14 for which a permit or conceptual approval has been obtained
15 are not adversely affected.
16 Section 11. Section 380.115, Florida Statutes, is
17 amended to read:
18 380.115 Vested rights and duties; effect of size
19 reduction, changes in guidelines and standards chs. 2002-20
20 and 2002-296.--
21 (1) A change in a development-of-regional-impact
22 guideline and standard does not abridge Nothing contained in
23 this act abridges or modify modifies any vested or other right
24 or any duty or obligation pursuant to any development order or
25 agreement that is applicable to a development of regional
26 impact on the effective date of this act. A development that
27 has received a development-of-regional-impact development
28 order pursuant to s. 380.06, but is no longer required to
29 undergo development-of-regional-impact review by operation of
30 a change in the guidelines and standards or has reduced its
31 size below the thresholds in s. 380.0651 of this act, shall be
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1 governed by the following procedures:
2 (a) The development shall continue to be governed by
3 the development-of-regional-impact development order and may
4 be completed in reliance upon and pursuant to the development
5 order unless the developer or landowner has followed the
6 procedures for rescission in paragraph (b). Any proposed
7 changes to those developments which continue to be governed by
8 a development order shall be approved pursuant to s.
9 380.06(19) as it existed prior to a change in the
10 development-of-regional-impact guidelines and standards,
11 except that all percentage criteria shall be doubled and all
12 other criteria shall be increased by 10 percent. The
13 development-of-regional-impact development order may be
14 enforced by the local government as provided by ss. 380.06(17)
15 and 380.11.
16 (b) If requested by the developer or landowner, the
17 development-of-regional-impact development order shall may be
18 rescinded by the local government having jurisdiction upon a
19 showing that all required mitigation related to the amount of
20 development that existed on the date of rescission has been
21 completed abandoned pursuant to the process in s. 380.06(26).
22 (2) A development with an application for development
23 approval pending, and determined sufficient pursuant to s.
24 380.06 s. 380.06(10), on the effective date of a change to the
25 guidelines and standards this act, or a notification of
26 proposed change pending on the effective date of a change to
27 the guidelines and standards this act, may elect to continue
28 such review pursuant to s. 380.06. At the conclusion of the
29 pending review, including any appeals pursuant to s. 380.07,
30 the resulting development order shall be governed by the
31 provisions of subsection (1).
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1 (3) A landowner that has filed an application for a
2 development-of-regional-impact review prior to the adoption of
3 an optional sector plan pursuant to s. 163.3245 may elect to
4 have the application reviewed pursuant to s. 380.06,
5 comprehensive plan provisions in force prior to adoption of
6 the sector plan, and any requested comprehensive plan
7 amendments that accompany the application.
8 Section 12. Paragraph (i) of subsection (2) of section
9 403.813, Florida Statutes, is amended to read:
10 403.813 Permits issued at district centers;
11 exceptions.--
12 (2) A permit is not required under this chapter,
13 chapter 373, chapter 61-691, Laws of Florida, or chapter 25214
14 or chapter 25270, 1949, Laws of Florida, for activities
15 associated with the following types of projects; however,
16 except as otherwise provided in this subsection, nothing in
17 this subsection relieves an applicant from any requirement to
18 obtain permission to use or occupy lands owned by the Board of
19 Trustees of the Internal Improvement Trust Fund or any water
20 management district in its governmental or proprietary
21 capacity or from complying with applicable local pollution
22 control programs authorized under this chapter or other
23 requirements of county and municipal governments:
24 (i) The construction of private docks of 1,000 square
25 feet or less of over-water surface area and seawalls in
26 artificially created waterways where such construction will
27 not violate existing water quality standards, impede
28 navigation, or affect flood control. This exemption does not
29 apply to the construction of vertical seawalls in estuaries or
30 lagoons unless the proposed construction is within an existing
31 manmade canal where the shoreline is currently occupied in
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1 whole or part by vertical seawalls.
2 Section 13. This act shall take effect July 1, 2006.
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 Delete everything before the enacting clause
8
9 and insert:
10 A bill to be entitled
11 An act relating to growth management; amending
12 s. 163.01, F.S.; revising provisions for filing
13 certain interlocal agreements and amendments;
14 amending s. 163.3177, F.S.; encouraging local
15 governments to adopt recreational surface water
16 use policies; providing criteria and exemptions
17 for such policies; authorizing assistance for
18 the development of such policies; directing the
19 Office of Program Policy Analysis and
20 Government Accountability to submit a report to
21 the Legislature; revising a provision relating
22 to the amount of transferrable land use
23 credits; amending s. 163.3180, F.S.; conforming
24 a cross-reference; amending s. 197.303, F.S.;
25 revising the criteria for ad valorem tax
26 deferral waterfront properties; creating s.
27 336.68, F.S.; authorizing certain real property
28 owners to select a community development
29 district to provide road and drainage
30 improvements; authorizing certain real property
31 owners to withdraw from a community development
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1 district; providing eligibility requirements;
2 requiring that a certificate be filed for such
3 withdrawal; providing requirements and
4 procedures therefor; amending s. 342.07, F.S.;
5 including hotels and motels within the
6 definition of the term "recreational and
7 commercial working waterfront"; creating s.
8 373.4132, F.S.; directing water management
9 district governing boards and the Department of
10 Environmental Protection to require permits for
11 certain activities relating to certain dry
12 storage facilities; providing criteria for
13 application of such permits; preserving
14 regulatory authority for the department and
15 governing boards; amending s. 380.06, F.S.;
16 providing for the state land planning agency to
17 determine the amount of development that
18 remains to be built in certain circumstances;
19 specifying certain requirements for a
20 development order; revising the circumstances
21 in which a local government may issue permits
22 for development subsequent to the buildout
23 date; revising the definition of an essentially
24 built-out development; revising the criteria
25 under which a proposed change constitutes a
26 substantial deviation; providing criteria for
27 calculating certain deviations; clarifying the
28 criteria under which the extension of a
29 buildout date is presumed to create a
30 substantial deviation; requiring that notice of
31 any change to certain set-aside areas be
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1 submitted to the local government; requiring
2 that notice of certain changes be given to the
3 state land planning agency, regional planning
4 agency, and local government; revising the
5 statutory exemptions from
6 development-of-regional-impact review for
7 certain facilities; removing waterport and
8 marina developments from
9 development-of-regional-impact review;
10 providing statutory exemptions and partial
11 statutory exemptions for the development of
12 certain facilities; providing that the impacts
13 from an exempt use that will be part of a
14 larger project be included in the
15 development-of-regional-impact review of the
16 larger project; providing that vesting
17 provisions relating to authorized developments
18 of regional impact are not applicable to
19 certain projects; revising provisions for the
20 abandonment of developments of regional impact;
21 providing an exemption from such provisions for
22 certain developments of regional impact;
23 providing requirements for developments
24 following abandonment; amending s. 380.0651,
25 F.S.; revising the statewide guidelines and
26 standards for development-of-regional-impact
27 review of office developments; deleting such
28 guidelines and standards for port facilities;
29 revising such guidelines and standards for
30 residential developments; providing such
31 guidelines and standards for workforce housing;
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1 amending s. 380.07, F.S.; revising the
2 appellate procedures for development orders
3 within a development of regional impact to the
4 Florida Land and Water Adjudicatory Commission;
5 amending s. 380.115, F.S.; providing that a
6 change in a development-of-regional-impact
7 guideline and standard does not abridge or
8 modify any vested right or duty under a
9 development order; providing a process for the
10 rescission of a development order by the local
11 government in certain circumstances; providing
12 an exemption for certain applications for
13 development approval and notices of proposed
14 changes; amending s. 403.813, F.S.; revising
15 permitting exceptions for the construction of
16 private docks in certain waterways; providing
17 an effective date.
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