Senate Bill sb1020c1
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By the Committee on Community Affairs; and Senator Bennett
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1 A bill to be entitled
2 An act relating to growth management; amending
3 s. 380.06, F.S.; providing for the state land
4 planning agency to determine the amount of
5 development that remains to be built in certain
6 circumstances; specifying certain requirements
7 for a development order; revising the
8 circumstances in which a local government may
9 issue permits for development subsequent to the
10 buildout date; revising the definition of an
11 essentially built-out development; revising the
12 criteria under which a proposed change
13 constitutes a substantial deviation; clarifying
14 the criteria under which the extension of a
15 buildout date is presumed to create a
16 substantial deviation; requiring notice of any
17 change to certain set-aside areas be submitted
18 to the local government; requiring that notice
19 of certain changes be given to the state land
20 planning agency, regional planning agency, and
21 local government; requiring 45 days' notice to
22 specified entities and publication of a public
23 notice for certain proposed changes; requiring
24 that a memorandum of notice of certain changes
25 be filed with the clerk of court; revising the
26 requirement for further
27 development-of-regional-impact review of a
28 proposed change; requiring the state land
29 planning agency to initiate rulemaking to
30 revise the development-of-regional-impact
31 application of development approval form;
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1 revising the statutory exemptions from
2 development-of-regional-impact review for
3 certain facilities; providing statutory
4 exemptions for the development of certain
5 facilities; providing that the impacts from an
6 exempt use that will be part of a larger
7 project be included in the
8 development-of-regional-impact review of the
9 larger project; amending s. 380.0651, F.S.;
10 revising the statewide guidelines and standards
11 for development-of-regional-impact review of
12 certain types of developments; amending s.
13 380.07, F.S.; authorizing the state land
14 planning agency to raise the issue of
15 consistency with a local comprehensive plan as
16 part of an appeal of a
17 development-of-regional-impact development
18 order to the Florida Land and Water
19 Adjudicatory Commission; requiring the state
20 land planning agency to raise its consistency
21 issues as an intervening party in a proceeding
22 under s. 163.3215, F.S., and dismiss the
23 agency's consistency issues from an appeal to
24 the Florida Land and Water Adjudicatory
25 Commission in certain circumstances; amending
26 s. 380.115, F.S.; providing that a change in a
27 development-of-regional-impact guideline and
28 standard does not abridge or modify any vested
29 right or duty under a development order;
30 providing a process for the rescission of a
31 development order by the local government in
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1 certain circumstances; providing an exemption
2 for certain applications for development
3 approval and notices of proposed changes;
4 amending s. 342.07, F.S.; adding recreational
5 activities as an important state interest;
6 including public lodging establishments within
7 the definition of the term "recreational and
8 commercial working waterfront"; amending s.
9 380.06, F.S.; prohibiting a local government
10 from requiring transportation facilities to be
11 in place within a shorter timeframe than
12 otherwise required; prohibiting a local
13 government from approving a rezoning except by
14 a majority vote; creating s. 380.0652, F.S.;
15 authorizing certain amendments to a
16 comprehensive plan for purposes of creating a
17 new town in a rural county; providing
18 requirements for such amendments; specifying
19 siting and design criteria; providing
20 additional policy requirements; prohibiting the
21 state land planning agency from finding an
22 amendment to the comprehensive plan not in
23 compliance on the basis of need or urban sprawl
24 if such requirements are met; prohibiting the
25 sale or exclusive control of the real property
26 or operations of any port in this state to an
27 entity controlled by a foreign government or a
28 foreign business entity without the express
29 consent of the Legislature; providing for
30 severability; providing an effective date.
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1 Be It Enacted by the Legislature of the State of Florida:
2
3 Section 1. Paragraphs (a) and (i) of subsection (4),
4 paragraphs (c), (d), (e), and (g) of subsection (15),
5 paragraphs (a), (b), (c), (e), (f), and (g) of subsection
6 (19), and subsection (24) of section 380.06, Florida Statutes,
7 are amended, and subsection (28) is added to that section, to
8 read:
9 380.06 Developments of regional impact.--
10 (4) BINDING LETTER.--
11 (a) If any developer is in doubt whether his or her
12 proposed development must undergo
13 development-of-regional-impact review under the guidelines and
14 standards, whether his or her rights have vested pursuant to
15 subsection (20), or whether a proposed substantial change to a
16 development of regional impact concerning which rights had
17 previously vested pursuant to subsection (20) would divest
18 such rights, the developer may request a determination from
19 the state land planning agency. The developer or the
20 appropriate local government having jurisdiction may request
21 that the state land planning agency determine whether the
22 amount of development that remains to be built in an approved
23 development of regional impact meets the criteria of (15)(g)3.
24 (i) In response to an inquiry from a developer or the
25 appropriate local government having jurisdiction, the state
26 land planning agency may issue an informal determination in
27 the form of a clearance letter as to whether a development is
28 required to undergo development-of-regional-impact review, or
29 whether the amount of development that remains to be built in
30 an approved development of regional impact meets the criteria
31 of (15)(g)3. A clearance letter may be based solely on the
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1 information provided by the developer, and the state land
2 planning agency is not required to conduct an investigation of
3 that information. If any material information provided by the
4 developer is incomplete or inaccurate, the clearance letter is
5 not binding upon the state land planning agency. A clearance
6 letter does not constitute final agency action.
7 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.--
8 (c) The development order shall include findings of
9 fact and conclusions of law consistent with subsections (13)
10 and (14). The development order:
11 1. Shall specify the monitoring procedures and the
12 local official responsible for assuring compliance by the
13 developer with the development order.
14 2. Shall establish compliance dates for the
15 development order, including a deadline for commencing
16 physical development and for compliance with conditions of
17 approval or phasing requirements, and shall include a buildout
18 termination date that reasonably reflects the time anticipated
19 required to complete the development.
20 3. Shall establish a date until which the local
21 government agrees that the approved development of regional
22 impact shall not be subject to downzoning, unit density
23 reduction, or intensity reduction, unless the local government
24 can demonstrate that substantial changes in the conditions
25 underlying the approval of the development order have occurred
26 or the development order was based on substantially inaccurate
27 information provided by the developer or that the change is
28 clearly established by local government to be essential to the
29 public health, safety, or welfare. The date established
30 pursuant to this subparagraph shall be no sooner than the
31 buildout date of the project.
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1 4. Shall specify the requirements for the biennial
2 report designated under subsection (18), including the date of
3 submission, parties to whom the report is submitted, and
4 contents of the report, based upon the rules adopted by the
5 state land planning agency. Such rules shall specify the
6 scope of any additional local requirements that may be
7 necessary for the report.
8 5. May specify the types of changes to the development
9 which shall require submission for a substantial deviation
10 determination or a notice of proposed change under subsection
11 (19).
12 6. Shall include a legal description of the property.
13 (d) Conditions of a development order that require a
14 developer to contribute land for a public facility or
15 construct, expand, or pay for land acquisition or construction
16 or expansion of a public facility, or portion thereof, shall
17 meet the following criteria:
18 1. The need to construct new facilities or add to the
19 present system of public facilities must be reasonably
20 attributable to the proposed development.
21 2. Any contribution of funds, land, or public
22 facilities required from the developer shall be comparable to
23 the amount of funds, land, or public facilities that the state
24 or the local government would reasonably expect to expend or
25 provide, based on projected costs of comparable projects, to
26 mitigate the impacts reasonably attributable to the proposed
27 development.
28 3. Any funds or lands contributed must be expressly
29 designated and used to mitigate impacts reasonably
30 attributable to the proposed development.
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1 4. Construction or expansion of a public facility by a
2 nongovernmental developer as a condition of a development
3 order to mitigate the impacts reasonably attributable to the
4 proposed development is not subject to competitive bidding or
5 competitive negotiation for selection of a contractor or
6 design professional for any part of the construction or design
7 unless required by the local government that issues the
8 development order.
9 (e)1. Effective July 1, 1986, A local government shall
10 not include, as a development order condition for a
11 development of regional impact, any requirement that a
12 developer contribute or pay for land acquisition or
13 construction or expansion of public facilities or portions
14 thereof unless the local government has enacted a local
15 ordinance which requires other development not subject to this
16 section to contribute its proportionate share of the funds,
17 land, or public facilities necessary to accommodate any
18 impacts having a rational nexus to the proposed development,
19 and the need to construct new facilities or add to the present
20 system of public facilities must be reasonably attributable to
21 the proposed development.
22 2. A local government shall not approve a development
23 of regional impact that does not make adequate provision for
24 the public facilities needed to accommodate the impacts of the
25 proposed development unless the local government includes in
26 the development order a commitment by the local government to
27 provide these facilities consistently with the development
28 schedule approved in the development order; however, a local
29 government's failure to meet the requirements of subparagraph
30 1. and this subparagraph shall not preclude the issuance of a
31 development order where adequate provision is made by the
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1 developer for the public facilities needed to accommodate the
2 impacts of the proposed development. Any funds or lands
3 contributed by a developer must be expressly designated and
4 used to accommodate impacts reasonably attributable to the
5 proposed development.
6 3. The Department of Community Affairs and other state
7 and regional agencies involved in the administration and
8 implementation of this act shall cooperate and work with units
9 of local government in preparing and adopting local impact fee
10 and other contribution ordinances.
11 (g) A local government shall not issue permits for
12 development subsequent to the buildout termination date or
13 expiration date contained in the development order unless:
14 1. The proposed development has been evaluated
15 cumulatively with existing development under the substantial
16 deviation provisions of subsection (19) subsequent to the
17 termination or expiration date;
18 2. The proposed development is consistent with an
19 abandonment of development order that has been issued in
20 accordance with the provisions of subsection (26); or
21 3. The development of regional impact is essentially
22 built out, in that all the mitigation requirements in the
23 development order have been satisfied, all developers are in
24 compliance with all applicable terms and conditions of the
25 development order except the buildout date, and the amount of
26 proposed development that remains to be built is less than 20
27 percent of any applicable development-of-regional-impact
28 threshold; or
29 4.3. The project has been determined to be an
30 essentially built-out development of regional impact through
31 an agreement executed by the developer, the state land
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1 planning agency, and the local government, in accordance with
2 s. 380.032, which will establish the terms and conditions
3 under which the development may be continued. If the project
4 is determined to be essentially built out built-out,
5 development may proceed pursuant to the s. 380.032 agreement
6 after the termination or expiration date contained in the
7 development order without further
8 development-of-regional-impact review subject to the local
9 government comprehensive plan and land development regulations
10 or subject to a modified development-of-regional-impact
11 analysis. As used in this paragraph, an "essentially
12 built-out" development of regional impact means:
13 a. The developers are development is in compliance
14 with all applicable terms and conditions of the development
15 order except the buildout built-out date; and
16 b.(I) The amount of development that remains to be
17 built is less than the substantial deviation threshold
18 specified in paragraph (19)(b) for each individual land use
19 category, or, for a multiuse development, the sum total of all
20 unbuilt land uses as a percentage of the applicable
21 substantial deviation threshold is equal to or less than 100
22 percent; or
23 (II) The state land planning agency and the local
24 government have agreed in writing that the amount of
25 development to be built does not create the likelihood of any
26 additional regional impact not previously reviewed.
27
28 In addition to the requirements of subparagraphs 3. and 4.,
29 the single-family residential portions of a development may be
30 considered "essentially built out" if all of the
31 infrastructure and horizontal development have been completed,
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1 at least 50 percent of the dwelling units have been completed,
2 and more than 80 percent of the lots have been conveyed to
3 third-party individual lot owners or to individual builders
4 who own no more than 40 lots at the time of the determination.
5 (19) SUBSTANTIAL DEVIATIONS.--
6 (a) Any proposed change to a previously approved
7 development which creates a reasonable likelihood of
8 additional regional impact, or any type of regional impact
9 created by the change not previously reviewed by the regional
10 planning agency, shall constitute a substantial deviation and
11 shall cause the proposed change development to be subject to
12 further development-of-regional-impact review. There are a
13 variety of reasons why a developer may wish to propose changes
14 to an approved development of regional impact, including
15 changed market conditions. The procedures set forth in this
16 subsection are for that purpose.
17 (b) Any proposed change to a previously approved
18 development of regional impact or development order condition
19 which, either individually or cumulatively with other changes,
20 exceeds any of the following criteria shall constitute a
21 substantial deviation and shall cause the development to be
22 subject to further development-of-regional-impact review
23 without the necessity for a finding of same by the local
24 government:
25 1. An increase in the number of parking spaces at an
26 attraction or recreational facility by 10 5 percent or 330 300
27 spaces, whichever is greater, or an increase in the number of
28 spectators that may be accommodated at such a facility by 10 5
29 percent or 1,100 1,000 spectators, whichever is greater.
30 2. A new runway, a new terminal facility, a 25-percent
31 lengthening of an existing runway, or a 25-percent increase in
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1 the number of gates of an existing terminal, but only if the
2 increase adds at least three additional gates.
3 3. An increase in the number of hospital beds by 5
4 percent or 60 beds, whichever is greater.
5 3.4. An increase in industrial development area by 10
6 5 percent or 35 32 acres, whichever is greater.
7 4.5. An increase in the average annual acreage mined
8 by 10 5 percent or 11 10 acres, whichever is greater, or an
9 increase in the average daily water consumption by a mining
10 operation by 10 5 percent or 330,000 300,000 gallons,
11 whichever is greater. An increase in the size of the mine by
12 10 5 percent or 825 750 acres, whichever is less. An increase
13 in the size of a heavy mineral mine as defined in s.
14 378.403(7) will only constitute a substantial deviation if the
15 average annual acreage mined is more than 550 500 acres and
16 consumes more than 3.3 3 million gallons of water per day.
17 5.6. An increase in land area for office development
18 by 10 5 percent or an increase of gross floor area of office
19 development by 10 5 percent or 66,000 60,000 gross square
20 feet, whichever is greater.
21 6. An increase of development at a marina of 10
22 percent of wet storage or for 30 watercraft slips, whichever
23 is greater, or 20 percent of wet storage or 60 watercraft
24 slips in an area identified by a local government in a boat
25 facility siting plan as an appropriate site for additional
26 marina development, whichever is greater.
27 7. An increase in the storage capacity for chemical or
28 petroleum storage facilities by 5 percent, 20,000 barrels, or
29 7 million pounds, whichever is greater.
30 8. An increase of development at a waterport of wet
31 storage for 20 watercraft, dry storage for 30 watercraft, or
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1 wet/dry storage for 60 watercraft in an area identified in the
2 state marina siting plan as an appropriate site for additional
3 waterport development or a 5-percent increase in watercraft
4 storage capacity, whichever is greater.
5 7.9. An increase in the number of dwelling units by 10
6 5 percent or 55 50 dwelling units, whichever is greater.
7 8. An increase in the number of dwelling units by 15
8 percent or 100 units, whichever is greater, provided that 20
9 percent of the increase in the number of dwelling units is
10 dedicated to the construction of workforce housing. For
11 purposes of this subparagraph, the term "workforce housing"
12 means housing that is affordable to a person who earns less
13 than 120 percent of the area median income.
14 9.10. An increase in commercial development by 55,000
15 50,000 square feet of gross floor area or of parking spaces
16 provided for customers for 330 300 cars or a 10-percent
17 5-percent increase of either of these, whichever is greater.
18 10.11. An increase in hotel or motel rooms facility
19 units by 10 5 percent or 83 rooms 75 units, whichever is
20 greater.
21 11.12. An increase in a recreational vehicle park area
22 by 10 5 percent or 110 100 vehicle spaces, whichever is less.
23 12.13. A decrease in the area set aside for open space
24 of 5 percent or 20 acres, whichever is less.
25 13.14. A proposed increase to an approved multiuse
26 development of regional impact where the sum of the increases
27 of each land use as a percentage of the applicable substantial
28 deviation criteria is equal to or exceeds 110 100 percent. The
29 percentage of any decrease in the amount of open space shall
30 be treated as an increase for purposes of determining when 110
31 100 percent has been reached or exceeded.
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1 14.15. A 15-percent increase in the number of external
2 vehicle trips generated by the development above that which
3 was projected during the original
4 development-of-regional-impact review.
5 15.16. Any change which would result in development of
6 any area which was specifically set aside in the application
7 for development approval or in the development order for
8 preservation or special protection of endangered or threatened
9 plants or animals designated as endangered, threatened, or
10 species of special concern and their habitat, primary dunes,
11 or archaeological and historical sites designated as
12 significant by the Division of Historical Resources of the
13 Department of State. The further refinement of such areas by
14 survey shall be considered under sub-subparagraph (e)2.j.
15 (e)5.b.
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17 The substantial deviation numerical standards in subparagraphs
18 3., 5., 9., 10., and 13. 4., 6., 10., 14., excluding
19 residential uses, and in subparagraph 14. 15., are increased
20 by 100 percent for a project certified under s. 403.973 which
21 creates jobs and meets criteria established by the Office of
22 Tourism, Trade, and Economic Development as to its impact on
23 an area's economy, employment, and prevailing wage and skill
24 levels. The substantial deviation numerical standards in
25 subparagraphs 3., 5., 7., 8., 9., 10., 13., and 14. 4., 6.,
26 9., 10., 11., and 14. are increased by 50 percent for a
27 project located wholly within an urban infill and
28 redevelopment area designated on the applicable adopted local
29 comprehensive plan future land use map and not located within
30 the coastal high hazard area.
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1 (c) An extension of the date of buildout of a
2 development, or any phase thereof, by more than 7 or more
3 years shall be presumed to create a substantial deviation
4 subject to further development-of-regional-impact review. An
5 extension of the date of buildout, or any phase thereof, of
6 more than 5 years or more but less than 7 years shall be
7 presumed not to create a substantial deviation. The extension
8 of the date of buildout of an areawide development of regional
9 impact by more than 5 years but less than 10 years is presumed
10 not to create a substantial deviation. These presumptions may
11 be rebutted by clear and convincing evidence at the public
12 hearing held by the local government. An extension of 5 years
13 or less than 5 years is not a substantial deviation. For the
14 purpose of calculating when a buildout or, phase, or
15 termination date has been exceeded, the time shall be tolled
16 during the pendency of administrative or judicial proceedings
17 relating to development permits. Any extension of the buildout
18 date of a project or a phase thereof shall automatically
19 extend the commencement date of the project, the termination
20 date of the development order, the expiration date of the
21 development of regional impact, and the phases thereof if
22 applicable by a like period of time.
23 (e)1. Except for a development order rendered pursuant
24 to subsection (22) or subsection (25), a proposed change to a
25 development order that individually or cumulatively with any
26 previous change is less than any numerical criterion contained
27 in subparagraphs (b)1.-15. and does not exceed any other
28 criterion, or that involves an extension of the buildout date
29 of a development, or any phase thereof, of less than 5 years
30 is not subject to the public hearing requirements of
31 subparagraph (f)3., and is not subject to a determination
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1 pursuant to subparagraph (f)5. Notice of the proposed change
2 shall be made to the regional planning council and the state
3 land planning agency. Such notice shall include a description
4 of previous individual changes made to the development,
5 including changes previously approved by the local government,
6 and shall include appropriate amendments to the development
7 order.
8 2. The following changes, individually or cumulatively
9 with any previous changes, are not substantial deviations:
10 a. Changes in the name of the project, developer,
11 owner, or monitoring official.
12 b. Changes to a setback that do not affect noise
13 buffers, environmental protection or mitigation areas, or
14 archaeological or historical resources.
15 c. Changes to minimum lot sizes.
16 d. Changes in the configuration of internal roads that
17 do not affect external access points.
18 e. Changes to the building design or orientation that
19 stay approximately within the approved area designated for
20 such building and parking lot, and which do not affect
21 historical buildings designated as significant by the Division
22 of Historical Resources of the Department of State.
23 f. Changes to increase the acreage in the development,
24 provided that no development is proposed on the acreage to be
25 added.
26 g. Changes to eliminate an approved land use, provided
27 that there are no additional regional impacts.
28 h. Changes required to conform to permits approved by
29 any federal, state, or regional permitting agency, provided
30 that these changes do not create additional regional impacts.
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1 i. Any renovation or redevelopment of development
2 within a previously approved development of regional impact
3 which does not change land use or increase density or
4 intensity of use.
5 j. Changes that modify boundaries described in
6 subparagraph (b)15. due to science-based refinement of such
7 areas by survey, by habitat evaluation, by other recognized
8 assessment methodology, or by an environmental assessment.
9 k.j. Any other change which the state land planning
10 agency agrees in writing is similar in nature, impact, or
11 character to the changes enumerated in sub-subparagraphs a.-j.
12 a.-i. and which does not create the likelihood of any
13 additional regional impact.
14
15 This subsection does not require a development order amendment
16 for any change listed in sub-subparagraphs a.-k., but shall,
17 prior to implementation of those changes, require 45 days'
18 notice with the appropriate documentation to the state land
19 planning agency, the regional planning agency, and the local
20 government, and publication of a public notice that meets the
21 local government's criteria for a notice of proposed change.
22 If the state land planning agency, the regional planning
23 agency, or the local government objects within 45 days after
24 publication of the public notice, the change shall require a
25 notice of proposed change and shall be presumed not to be a
26 substantial deviation. In addition, a memorandum of the
27 notification of the changed notice shall be filed with the
28 clerk of the circuit court along with a legal description of
29 the affected development of regional impact. If a subsequent
30 change requiring a notice of proposed change is made to the
31 development of regional impact, modifications to the
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1 development of regional impact made in all prior notices must
2 be reflected as amendments to the development order memorandum
3 a.-j. unless such issue is addressed either in the existing
4 development order or in the application for development
5 approval, but, in the case of the application, only if, and in
6 the manner in which, the application is incorporated in the
7 development order.
8 3. Except for the change authorized by
9 sub-subparagraph 2.f., any addition of land not previously
10 reviewed or any change not specified in paragraph (b) or
11 paragraph (c) shall be presumed to create a substantial
12 deviation. This presumption may be rebutted by clear and
13 convincing evidence.
14 4. Any submittal of a proposed change to a previously
15 approved development shall include a description of individual
16 changes previously made to the development, including changes
17 previously approved by the local government. The local
18 government shall consider the previous and current proposed
19 changes in deciding whether such changes cumulatively
20 constitute a substantial deviation requiring further
21 development-of-regional-impact review.
22 5. The following changes to an approved development of
23 regional impact shall be presumed to create a substantial
24 deviation. Such presumption may be rebutted by clear and
25 convincing evidence.
26 a. A change proposed for 15 percent or more of the
27 acreage to a land use not previously approved in the
28 development order. Changes of less than 15 percent shall be
29 presumed not to create a substantial deviation.
30 b. Except for the types of uses listed in subparagraph
31 (b)16., any change which would result in the development of
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1 any area which was specifically set aside in the application
2 for development approval or in the development order for
3 preservation, buffers, or special protection, including
4 habitat for plant and animal species, archaeological and
5 historical sites, dunes, and other special areas.
6 b.c. Notwithstanding any provision of paragraph (b) to
7 the contrary, a proposed change consisting of simultaneous
8 increases and decreases of at least two of the uses within an
9 authorized multiuse development of regional impact which was
10 originally approved with three or more uses specified in s.
11 380.0651(3)(c), (d), (f), and (g) and residential use.
12 (f)1. The state land planning agency shall establish
13 by rule standard forms for submittal of proposed changes to a
14 previously approved development of regional impact which may
15 require further development-of-regional-impact review. At a
16 minimum, the standard form shall require the developer to
17 provide the precise language that the developer proposes to
18 delete or add as an amendment to the development order.
19 2. The developer shall submit, simultaneously, to the
20 local government, the regional planning agency, and the state
21 land planning agency the request for approval of a proposed
22 change.
23 3. No sooner than 30 days but no later than 45 days
24 after submittal by the developer to the local government, the
25 state land planning agency, and the appropriate regional
26 planning agency, the local government shall give 15 days'
27 notice and schedule a public hearing to consider the change
28 that the developer asserts does not create a substantial
29 deviation. This public hearing shall be held within 60 90 days
30 after submittal of the proposed changes, unless that time is
31 extended by the developer.
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1 4. The appropriate regional planning agency or the
2 state land planning agency shall review the proposed change
3 and, no later than 45 days after submittal by the developer of
4 the proposed change, unless that time is extended by the
5 developer, and prior to the public hearing at which the
6 proposed change is to be considered, shall advise the local
7 government in writing whether it objects to the proposed
8 change, shall specify the reasons for its objection, if any,
9 and shall provide a copy to the developer.
10 5. At the public hearing, the local government shall
11 determine whether the proposed change requires further
12 development-of-regional-impact review. The provisions of
13 paragraphs (a) and (e), the thresholds set forth in paragraph
14 (b), and the presumptions set forth in paragraphs (c) and (d)
15 and subparagraph (e)3. shall be applicable in determining
16 whether further development-of-regional-impact review is
17 required.
18 6. If the local government determines that the
19 proposed change does not require further
20 development-of-regional-impact review and is otherwise
21 approved, or if the proposed change is not subject to a
22 hearing and determination pursuant to subparagraphs 3. and 5.
23 and is otherwise approved, the local government shall issue an
24 amendment to the development order incorporating the approved
25 change and conditions of approval relating to the change. The
26 decision of the local government to approve, with or without
27 conditions, or to deny the proposed change that the developer
28 asserts does not require further review shall be subject to
29 the appeal provisions of s. 380.07. However, the state land
30 planning agency may not appeal the local government decision
31 if it did not comply with subparagraph 4. The state land
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1 planning agency may not appeal a change to a development order
2 made pursuant to subparagraph (e)1. or subparagraph (e)2. for
3 developments of regional impact approved after January 1,
4 1980, unless the change would result in a significant impact
5 to a regionally significant archaeological, historical, or
6 natural resource not previously identified in the original
7 development-of-regional-impact review.
8 (g) If a proposed change requires further
9 development-of-regional-impact review pursuant to this
10 section, the review shall be conducted subject to the
11 following additional conditions:
12 1. The development-of-regional-impact review conducted
13 by the appropriate regional planning agency shall address only
14 those issues raised by the proposed change except as provided
15 in subparagraph 2.
16 2. The regional planning agency shall consider, and
17 the local government shall determine whether to approve,
18 approve with conditions, or deny the proposed change as it
19 relates to the entire development. If the local government
20 determines that the proposed change, as it relates to the
21 entire development, is unacceptable, the local government
22 shall deny the change.
23 3. If the local government determines that the
24 proposed change, as it relates to the entire development,
25 should be approved, any new conditions in the amendment to the
26 development order issued by the local government shall address
27 only those issues raised by the proposed change and require
28 mitigation only for the individual and cumulative impacts of
29 the proposed change.
30 4. Development within the previously approved
31 development of regional impact may continue, as approved,
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1 during the development-of-regional-impact review in those
2 portions of the development which are not directly affected by
3 the proposed change.
4 (24) STATUTORY EXEMPTIONS.--
5 (a) Any proposed hospital which has a designed
6 capacity of not more than 100 beds is exempt from the
7 provisions of this section.
8 (b) Any proposed electrical transmission line or
9 electrical power plant is exempt from the provisions of this
10 section, except any steam or solar electrical generating
11 facility of less than 50 megawatts in capacity attached to a
12 development of regional impact.
13 (c) Any proposed addition to an existing sports
14 facility complex is exempt from the provisions of this section
15 if the addition meets the following characteristics:
16 1. It would not operate concurrently with the
17 scheduled hours of operation of the existing facility.
18 2. Its seating capacity would be no more than 75
19 percent of the capacity of the existing facility.
20 3. The sports facility complex property is owned by a
21 public body prior to July 1, 1983.
22
23 This exemption does not apply to any pari-mutuel facility.
24 (d) Any proposed addition or cumulative additions
25 subsequent to July 1, 1988, to an existing sports facility
26 complex owned by a state university is exempt if the increased
27 seating capacity of the complex is no more than 30 percent of
28 the capacity of the existing facility.
29 (e) Any addition of permanent seats or parking spaces
30 for an existing sports facility located on property owned by a
31 public body prior to July 1, 1973, is exempt from the
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1 provisions of this section if future additions do not expand
2 existing permanent seating or parking capacity more than 15
3 percent annually in excess of the prior year's capacity.
4 (f) Any increase in the seating capacity of an
5 existing sports facility having a permanent seating capacity
6 of at least 50,000 spectators is exempt from the provisions of
7 this section, provided that such an increase does not increase
8 permanent seating capacity by more than 5 percent per year and
9 not to exceed a total of 10 percent in any 5-year period, and
10 provided that the sports facility notifies the appropriate
11 local government within which the facility is located of the
12 increase at least 6 months prior to the initial use of the
13 increased seating, in order to permit the appropriate local
14 government to develop a traffic management plan for the
15 traffic generated by the increase. Any traffic management
16 plan shall be consistent with the local comprehensive plan,
17 the regional policy plan, and the state comprehensive plan.
18 (g) Any expansion in the permanent seating capacity or
19 additional improved parking facilities of an existing sports
20 facility is exempt from the provisions of this section, if the
21 following conditions exist:
22 1.a. The sports facility had a permanent seating
23 capacity on January 1, 1991, of at least 41,000 spectator
24 seats;
25 b. The sum of such expansions in permanent seating
26 capacity does not exceed a total of 10 percent in any 5-year
27 period and does not exceed a cumulative total of 20 percent
28 for any such expansions; or
29 c. The increase in additional improved parking
30 facilities is a one-time addition and does not exceed 3,500
31 parking spaces serving the sports facility; and
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1 2. The local government having jurisdiction of the
2 sports facility includes in the development order or
3 development permit approving such expansion under this
4 paragraph a finding of fact that the proposed expansion is
5 consistent with the transportation, water, sewer and
6 stormwater drainage provisions of the approved local
7 comprehensive plan and local land development regulations
8 relating to those provisions.
9
10 Any owner or developer who intends to rely on this statutory
11 exemption shall provide to the department a copy of the local
12 government application for a development permit. Within 45
13 days of receipt of the application, the department shall
14 render to the local government an advisory and nonbinding
15 opinion, in writing, stating whether, in the department's
16 opinion, the prescribed conditions exist for an exemption
17 under this paragraph. The local government shall render the
18 development order approving each such expansion to the
19 department. The owner, developer, or department may appeal
20 the local government development order pursuant to s. 380.07,
21 within 45 days after the order is rendered. The scope of
22 review shall be limited to the determination of whether the
23 conditions prescribed in this paragraph exist. If any sports
24 facility expansion undergoes development of regional impact
25 review, all previous expansions which were exempt under this
26 paragraph shall be included in the development of regional
27 impact review.
28 (h) Expansion to port harbors, spoil disposal sites,
29 navigation channels, turning basins, harbor berths, and other
30 related inwater harbor facilities of ports listed in s.
31 403.021(9)(b), port transportation facilities and projects
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1 listed in s. 311.07(3)(b), and intermodal transportation
2 facilities identified pursuant to s. 311.09(3) are exempt from
3 the provisions of this section when such expansions, projects,
4 or facilities are consistent with comprehensive master plans
5 that are in compliance with the provisions of s. 163.3178.
6 (i) Any proposed facility for the storage of any
7 petroleum product or any expansion of an existing facility is
8 exempt from the provisions of this section, if the facility is
9 consistent with a local comprehensive plan that is in
10 compliance with s. 163.3177 or is consistent with a
11 comprehensive port master plan that is in compliance with s.
12 163.3178.
13 (j) Any renovation or redevelopment within the same
14 land parcel which does not change land use or increase density
15 or intensity of use.
16 (k)1. Any waterport or marina development is exempt
17 from the provisions of this section if the relevant county or
18 municipality has adopted a boating facility siting plan or
19 policy, which includes applicable criteria, considering such
20 factors as natural resources, manatee protection needs, and
21 recreation and economic demands as generally outlined in the
22 Bureau of Protected Species Management Boat Facility Siting
23 Guide, dated August 2000, into the coastal management or land
24 use element of its comprehensive plan. The adoption of boating
25 facility siting plans or policies into the comprehensive plan
26 is exempt from the provisions of s. 163.3187(1). Any waterport
27 or marina development within the municipalities or counties
28 with boating facility siting plans or policies that meet the
29 above criteria, adopted prior to April 1, 2002, are exempt
30 from the provisions of this section, when their boating
31
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1 facility siting plan or policy is adopted as part of the
2 relevant local government's comprehensive plan.
3 2. Within 6 months of the effective date of this law,
4 The Department of Community Affairs, in conjunction with the
5 Department of Environmental Protection and the Florida Fish
6 and Wildlife Conservation Commission, shall provide technical
7 assistance and guidelines, including model plans, policies and
8 criteria to local governments for the development of their
9 siting plans.
10 (l) Any proposed development within an urban service
11 boundary established under s. 163.3177(14) is exempt from the
12 provisions of this section if the local government having
13 jurisdiction over the area where the development is proposed
14 has adopted the urban service boundary, and has entered into a
15 binding agreement with adjacent jurisdictions that would be
16 impacted and with the Department of Transportation regarding
17 the mitigation of impacts on state and regional transportation
18 facilities, and has adopted a proportionate share methodology
19 pursuant to s. 163.3180(16).
20 (m) Any proposed development within a rural land
21 stewardship area created under s. 163.3177(11)(d) is exempt
22 from the provisions of this section if the local government
23 that has adopted the rural land stewardship area has entered
24 into a binding agreement with jurisdictions that would be
25 impacted and the Department of Transportation regarding the
26 mitigation of impacts on state and regional transportation
27 facilities, and has adopted a proportionate share methodology
28 pursuant to s. 163.3180(16).
29 (n) Any proposed development or redevelopment within
30 an area designated as an urban infill and redevelopment area
31 under s. 163.2517 is exempt from the provisions of this
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1 section if the local government has entered into a binding
2 agreement with jurisdictions that would be impacted and the
3 Department of Transportation regarding the mitigation of
4 impacts on state and regional transportation facilities, and
5 has adopted a proportionate share methodology pursuant to s.
6 163.3180(16).
7 (o) The establishment, relocation, or expansion of any
8 military installation as defined in s. 163.3175, is exempt
9 from this section.
10 (p) Any self-storage warehousing that does not allow
11 retail or other services is exempt from this section.
12 (q) Any proposed nursing home or assisted living
13 facility is exempt from this section.
14 (r) Any development identified in an airport master
15 plan and adopted into the comprehensive plan pursuant to s.
16 163.3177(6)(k) is exempt from this section.
17 (s) Any development identified in a campus master plan
18 and adopted pursuant to s. 1013.30 is exempt from this
19 section.
20 (t) Any development in a specific area plan which is
21 prepared pursuant to s. 163.3245 and adopted into the
22 comprehensive plan is exempt from this section.
23
24 If a use is exempt from review as a development of regional
25 impact under paragraphs (a)-(t) but will be part of a larger
26 project that is subject to review as a development of regional
27 impact, the impact of the exempt use must be included in the
28 review of the larger project.
29 (28) PARTIAL STATUTORY EXEMPTIONS.--
30 (a) If the binding agreement referenced under
31 paragraph (24)(l) for urban service boundaries is not entered
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1 into within 12 months after establishment of the urban service
2 boundary, the development-of-regional-impact review for
3 projects within the urban service boundary must address
4 transportation impacts only.
5 (b) If the binding agreement referenced under
6 paragraph (24)(n) for designated urban infill and
7 redevelopment areas is not entered into within 12 months after
8 the designation of the area or July 1, 2007, whichever occurs
9 later, the development-of-regional-impact review for projects
10 within the urban infill and redevelopment area must address
11 transportation impacts only.
12 (c) A local government that does not wish to enter
13 into a binding agreement or that is unable to agree on the
14 terms of the agreement referenced under paragraph (24)(l) or
15 paragraph (24)(n) shall provide written notification to the
16 state land planning agency of the failure to enter into a
17 binding agreement within the 12-month period referenced in
18 paragraphs (a) and (b). Following the notification of the
19 state land planning agency, the development-of-regional-impact
20 review for projects within the urban service boundary under
21 paragraph (24)(l) or for an urban infill and redevelopment
22 area under paragraph (24)(n) must address transportation
23 impacts only.
24 Section 2. Paragraphs (d), (e), and (k) of subsection
25 (3) and paragraph (c) of subsection (4) of section 380.0651,
26 Florida Statutes, are amended to read:
27 380.0651 Statewide guidelines and standards.--
28 (3) The following statewide guidelines and standards
29 shall be applied in the manner described in s. 380.06(2) to
30 determine whether the following developments shall be required
31 to undergo development-of-regional-impact review:
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1 (d) Office development.--Any proposed office building
2 or park operated under common ownership, development plan, or
3 management that:
4 1. Encompasses 300,000 or more square feet of gross
5 floor area; or
6 2. Encompasses more than 600,000 square feet of gross
7 floor area in a county with a population greater than 500,000
8 and only in a geographic area specifically designated as
9 highly suitable for increased threshold intensity in the
10 approved local comprehensive plan and in the strategic
11 regional policy plan.
12 (e) Marinas and port facilities.--The proposed
13 construction of any waterport or marina is required to undergo
14 development-of-regional-impact review if it is, except one
15 designed for:
16 1.a. The wet storage or mooring of more fewer than 150
17 watercraft used exclusively for sport, pleasure, or commercial
18 fishing;, or
19 b. The dry storage of fewer than 200 watercraft used
20 exclusively for sport, pleasure, or commercial fishing, or
21 b.c. The wet or dry storage or mooring of more fewer
22 than 150 watercraft on or adjacent to an inland freshwater
23 lake except Lake Okeechobee or any lake that which has been
24 designated an Outstanding Florida Water., or
25 d. The wet or dry storage or mooring of fewer than 50
26 watercraft of 40 feet in length or less of any type or
27 purpose.
28
29 The numeric thresholds contained in this subparagraph shall be
30 doubled for proposed marina developers who enter into a
31 binding commitment with the local government to set aside at
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1 least 15 percent of the wet storage or moorings for public use
2 or rental.
3 2. The subthreshold exceptions to this paragraph's
4 requirements for development-of-regional-impact review do
5 shall not apply to any waterport or marina facility located
6 within or which serves physical development located within a
7 coastal barrier resource unit on an unbridged barrier island
8 designated pursuant to 16 U.S.C. s. 3501.
9
10 In addition to the foregoing, for projects for which no
11 environmental resource permit or sovereign submerged land
12 lease is required, the Department of Environmental Protection
13 must determine in writing that a proposed marina in excess of
14 75 10 slips or storage spaces or a combination of the two is
15 located so that it will not adversely impact Outstanding
16 Florida Waters or Class II waters and will not contribute boat
17 traffic in a manner that will have an adverse impact on an
18 area known to be, or likely to be, frequented by manatees. If
19 the Department of Environmental Protection fails to issue its
20 determination within 45 days after of receipt of a formal
21 written request, it has waived its authority to make such
22 determination. The Department of Environmental Protection
23 determination shall constitute final agency action pursuant to
24 chapter 120.
25 2. The dry storage of fewer than 300 watercraft used
26 exclusively for sport, pleasure, or commercial fishing at a
27 marina constructed and in operation prior to July 1, 1985.
28 3. Any proposed marina development with both wet and
29 dry mooring or storage used exclusively for sport, pleasure,
30 or commercial fishing, where the sum of percentages of the
31 applicable wet and dry mooring or storage thresholds equals
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1 100 percent. This threshold is in addition to, and does not
2 preclude, a development from being required to undergo
3 development-of-regional-impact review under sub-subparagraphs
4 1.a. and b. and subparagraph 2.
5 (k) Residential development.--The applicable
6 guidelines for residential development and the residential
7 component for multiuse development shall be increased by 20
8 percent where the developer demonstrates that at least 15
9 percent of the residential dwelling units will be dedicated to
10 workforce housing. For purposes of this subparagraph, the term
11 "workforce housing" means housing that is affordable to a
12 person who earns less than 120 percent of the area median
13 income.
14 (l)(k) Schools.--
15 1. The proposed construction of any public, private,
16 or proprietary postsecondary educational campus which provides
17 for a design population of more than 5,000 full-time
18 equivalent students, or the proposed physical expansion of any
19 public, private, or proprietary postsecondary educational
20 campus having such a design population that would increase the
21 population by at least 20 percent of the design population.
22 2. As used in this paragraph, "full-time equivalent
23 student" means enrollment for 15 or more quarter hours during
24 a single academic semester. In career centers or other
25 institutions which do not employ semester hours or quarter
26 hours in accounting for student participation, enrollment for
27 18 contact hours shall be considered equivalent to one quarter
28 hour, and enrollment for 27 contact hours shall be considered
29 equivalent to one semester hour.
30
31
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1 3. This paragraph does not apply to institutions which
2 are the subject of a campus master plan adopted by the
3 university board of trustees pursuant to s. 1013.30.
4 (4) Two or more developments, represented by their
5 owners or developers to be separate developments, shall be
6 aggregated and treated as a single development under this
7 chapter when they are determined to be part of a unified plan
8 of development and are physically proximate to one other.
9 (c) Aggregation is not applicable when the following
10 circumstances and provisions of this chapter are applicable:
11 1. Developments which are otherwise subject to
12 aggregation with a development of regional impact which has
13 received approval through the issuance of a final development
14 order shall not be aggregated with the approved development of
15 regional impact. However, nothing contained in this
16 subparagraph shall preclude the state land planning agency
17 from evaluating an allegedly separate development as a
18 substantial deviation pursuant to s. 380.06(19) or as an
19 independent development of regional impact.
20 2. Two or more developments, each of which is
21 independently a development of regional impact that has or
22 will obtain a development order pursuant to s. 380.06.
23 3. Completion of any development that has been vested
24 pursuant to s. 380.05 or s. 380.06, including vested rights
25 arising out of agreements entered into with the state land
26 planning agency for purposes of resolving vested rights
27 issues. Development-of-regional-impact review of additions to
28 vested developments of regional impact shall not include
29 review of the impacts resulting from the vested portions of
30 the development.
31
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1 4. The developments sought to be aggregated were
2 authorized to commence development prior to September 1, 1988,
3 and could not have been required to be aggregated under the
4 law existing prior to that date.
5 Section 3. Section 380.07, Florida Statutes, is
6 amended to read:
7 380.07 Florida Land and Water Adjudicatory
8 Commission.--
9 (1) There is hereby created the Florida Land and Water
10 Adjudicatory Commission, which shall consist of the
11 Administration Commission. The commission may adopt rules
12 necessary to ensure compliance with the area of critical state
13 concern program and the requirements for developments of
14 regional impact as set forth in this chapter.
15 (2) Whenever any local government issues any
16 development order in any area of critical state concern, or in
17 regard to any development of regional impact, copies of such
18 orders as prescribed by rule by the state land planning agency
19 shall be transmitted to the state land planning agency, the
20 regional planning agency, and the owner or developer of the
21 property affected by such order. The state land planning
22 agency shall adopt rules describing development order
23 rendition and effectiveness in designated areas of critical
24 state concern. Within 45 days after the order is rendered, the
25 owner, the developer, or the state land planning agency may
26 appeal the order to the Florida Land and Water Adjudicatory
27 Commission by filing a petition alleging that the development
28 order is not consistent with the provisions of this part
29 notice of appeal with the commission. The appropriate regional
30 planning agency by vote at a regularly scheduled meeting may
31 recommend that the state land planning agency undertake an
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1 appeal of a development-of-regional-impact development order.
2 Upon the request of an appropriate regional planning council,
3 affected local government, or any citizen, the state land
4 planning agency shall consider whether to appeal the order and
5 shall respond to the request within the 45-day appeal period.
6 Any appeal taken by a regional planning agency between March
7 1, 1993, and the effective date of this section may only be
8 continued if the state land planning agency has also filed an
9 appeal. Any appeal initiated by a regional planning agency on
10 or before March 1, 1993, shall continue until completion of
11 the appeal process and any subsequent appellate review, as if
12 the regional planning agency were authorized to initiate the
13 appeal.
14 (3) Notwithstanding any other provision of law, an
15 appeal of a development order by the state land planning
16 agency under this section may include consistency of the
17 development order with the local comprehensive plan. However,
18 if a development order relating to a development of regional
19 impact has been challenged in a proceeding under s. 163.3215
20 and a party to the proceeding serves notice to the state land
21 planning agency of the pending proceeding under s. 163.3215,
22 the state land planning agency shall:
23 (a) Raise its consistency issues by intervening as a
24 full party in the pending proceeding under s. 163.3215 within
25 30 days after service of the notice; and
26 (b) Dismiss the consistency issues from the
27 development order appeal.
28 (4) The appellant shall furnish a copy of the petition
29 to the opposing party, as the case may be, and to the local
30 government that issued the order. The filing of the petition
31
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1 stays the effectiveness of the order until after the
2 completion of the appeal process.
3 (5)(3) The 45-day appeal period for a development of
4 regional impact within the jurisdiction of more than one local
5 government shall not commence until after all the local
6 governments having jurisdiction over the proposed development
7 of regional impact have rendered their development orders.
8 The appellant shall furnish a copy of the notice of appeal to
9 the opposing party, as the case may be, and to the local
10 government which issued the order. The filing of the notice
11 of appeal shall stay the effectiveness of the order until
12 after the completion of the appeal process.
13 (6)(4) Prior to issuing an order, the Florida Land and
14 Water Adjudicatory Commission shall hold a hearing pursuant to
15 the provisions of chapter 120. The commission shall encourage
16 the submission of appeals on the record made below in cases in
17 which the development order was issued after a full and
18 complete hearing before the local government or an agency
19 thereof.
20 (7)(5) The Florida Land and Water Adjudicatory
21 Commission shall issue a decision granting or denying
22 permission to develop pursuant to the standards of this
23 chapter and may attach conditions and restrictions to its
24 decisions.
25 (6) If an appeal is filed with respect to any issues
26 within the scope of a permitting program authorized by chapter
27 161, chapter 373, or chapter 403 and for which a permit or
28 conceptual review approval has been obtained prior to the
29 issuance of a development order, any such issue shall be
30 specifically identified in the notice of appeal which is filed
31 pursuant to this section, together with other issues which
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1 constitute grounds for the appeal. The appeal may proceed with
2 respect to issues within the scope of permitting programs for
3 which a permit or conceptual review approval has been obtained
4 prior to the issuance of a development order only after the
5 commission determines by majority vote at a regularly
6 scheduled commission meeting that statewide or regional
7 interests may be adversely affected by the development. In
8 making this determination, there shall be a rebuttable
9 presumption that statewide and regional interests relating to
10 issues within the scope of the permitting programs for which a
11 permit or conceptual approval has been obtained are not
12 adversely affected.
13 Section 4. Section 380.115, Florida Statutes, is
14 amended to read:
15 380.115 Vested rights and duties; effect of size
16 reduction, changes in guidelines and standards chs. 2002-20
17 and 2002-296.--
18 (1) A change in a development-of-regional-impact
19 guideline and standard does not abridge Nothing contained in
20 this act abridges or modify modifies any vested or other right
21 or any duty or obligation pursuant to any development order or
22 agreement that is applicable to a development of regional
23 impact on the effective date of this act. A development that
24 has received a development-of-regional-impact development
25 order pursuant to s. 380.06, but is no longer required to
26 undergo development-of-regional-impact review by operation of
27 a change in the guidelines and standards or has reduced its
28 size below the thresholds in s. 380.0651 of this act, shall be
29 governed by the following procedures:
30 (a) The development shall continue to be governed by
31 the development-of-regional-impact development order and may
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1 be completed in reliance upon and pursuant to the development
2 order unless the developer or landowner has followed the
3 procedures for rescission in paragraph (b). The
4 development-of-regional-impact development order may be
5 enforced by the local government as provided by ss. 380.06(17)
6 and 380.11.
7 (b) If requested by the developer or landowner, the
8 development-of-regional-impact development order shall may be
9 rescinded by the local government having jurisdiction upon a
10 showing that all required mitigation related to the amount of
11 development that existed on the date of rescission has been
12 completed abandoned pursuant to the process in s. 380.06(26).
13 (2) A development with an application for development
14 approval pending, and determined sufficient pursuant to s.
15 380.06 s. 380.06(10), on the effective date of a change to the
16 guidelines and standards this act, or a notification of
17 proposed change pending on the effective date of a change to
18 the guidelines and standards this act, may elect to continue
19 such review pursuant to s. 380.06. At the conclusion of the
20 pending review, including any appeals pursuant to s. 380.07,
21 the resulting development order shall be governed by the
22 provisions of subsection (1).
23 (3) A landowner that has filed an application for a
24 development-of-regional-impact review prior to the adoption of
25 an optional sector plan pursuant to s. 163.3245 may elect to
26 have the application reviewed pursuant to s. 380.06,
27 comprehensive plan provisions in force prior to adoption of
28 the sector plan, and any requested comprehensive plan
29 amendments that accompany the application.
30 Section 5. Section 342.07, Florida Statutes, is
31 amended to read:
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1 342.07 Recreational and commercial working
2 waterfronts; legislative findings; definitions.--
3 (1) The Legislature recognizes that there is an
4 important state interest in facilitating boating and other
5 recreational access to the state's navigable waters. This
6 access is vital to tourists and recreational users and the
7 marine industry in the state, to maintaining or enhancing the
8 $57 billion economic impact of tourism and the $14 billion
9 economic impact of boating in the state annually, and to
10 ensuring continued access to all residents and visitors to the
11 navigable waters of the state. The Legislature recognizes that
12 there is an important state interest in maintaining viable
13 water-dependent support facilities, such as public lodging
14 establishments and boat hauling and repairing and commercial
15 fishing facilities, and in maintaining the availability of
16 public access to the navigable waters of the state. The
17 Legislature further recognizes that the waterways of the state
18 are important for engaging in commerce and the transportation
19 of goods and people upon such waterways and that such commerce
20 and transportation is not feasible unless there is access to
21 and from the navigable waters of the state through
22 recreational and commercial working waterfronts.
23 (2) As used in this section, the term "recreational
24 and commercial working waterfront" means a parcel or parcels
25 of real property that provide access for water-dependent
26 commercial and recreational activities, including public
27 lodging establishments as defined in chapter 509, or provide
28 access for the public to the navigable waters of the state.
29 Recreational and commercial working waterfronts require direct
30 access to or a location on, over, or adjacent to a navigable
31 body of water. The term includes water-dependent facilities
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1 that are open to the public and offer public access by vessels
2 to the waters of the state or that are support facilities for
3 recreational, commercial, research, or governmental vessels.
4 These facilities include docks, wharfs, lifts, wet and dry
5 marinas, boat ramps, boat hauling and repair facilities,
6 commercial fishing facilities, boat construction facilities,
7 and other support structures over the water. As used in this
8 section, the term "vessel" has the same meaning as in s.
9 327.02(37). Seaports are excluded from the definition.
10 Section 6. Paragraph (c) of subsection (2) of section
11 163.3180, Florida Statutes, is amended to read:
12 163.3180 Concurrency.--
13 (2)
14 (c) Consistent with the public welfare, and except as
15 otherwise provided in this section, transportation facilities
16 needed to serve new development shall be in place or under
17 actual construction within 3 years after the local government
18 approves a building permit or its functional equivalent that
19 results in traffic generation. A local government may not
20 require these transportation facilities to be in place or
21 under actual construction within a shorter timeframe than the
22 3-year period.
23 Section 7. Notwithstanding any other provision of law,
24 charter, or ordinance, a local government may not approve an
25 application to rezone real property except by a majority vote
26 of the governing body of the local government.
27 Section 8. Section 380.0652, Florida Statutes, is
28 created to read:
29 380.0652 Comprehensive plan amendments creating new
30 towns in rural counties.--
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1 (1) This section is intended primarily for a
2 development of regional impact which requires an amendment to
3 the comprehensive plan in order to establish a new town in an
4 eligible county; however, this section may also be used by an
5 applicant proposing a development that is exempt from review
6 as a development of regional impact under s. 380.06(24).
7 (2) A local government may adopt an amendment to its
8 comprehensive plan under this section if the county is
9 designated as a rural area of critical economic concern or has
10 a population of fewer than 500,000 persons and has a rural
11 future land use map that designates a density of one unit per
12 5 acres or fewer, which comprises 50 percent or more of all
13 land area of the jurisdiction, excluding lands designated as
14 conservation within the jurisdiction. Eligibility shall be
15 determined as of the date any plan amendment is adopted
16 pursuant to this section. The applicant for such a plan
17 amendment may include a landowner or the local government.
18 (3) An amendment to the comprehensive plan may be
19 adopted if the amendment increases density and the intensity
20 of land use based on economic need and such plan amendment may
21 not be limited by population projections. The local government
22 may consider factors such as job creation, capital investment,
23 economic diversification, targeted industries, economic
24 clustering, provision of adequate labor supply, regional
25 growth demands, spillover effects, and similar considerations
26 as the primary policy basis for adopting such a plan
27 amendment, if the amendment complies with the following siting
28 and design criteria:
29 (a) Includes a minimum of 25,000 acres;
30 (b) Is located within an existing urban service area,
31 an area served by existing or planned urban infrastructure, or
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1 a self-contained and planned rural town as shown on the future
2 land use map; and
3 (c) Is consistent with the following requirements,
4 which must be implemented by supporting policies of the
5 comprehensive plan:
6 1. Contains an integrated mix of land uses, including
7 residential, employment, retail, and service uses; contains
8 community facilities and conservation uses to ensure
9 self-sufficiency and minimize external impacts; or contains an
10 integrated mix of uses that are appropriate for any portions
11 proposed as a self-contained retirement community;
12 2. Establishes minimum gross densities necessary to
13 support the objectives of this section;
14 3. Is designed to promote multimodal alternatives,
15 including walking, bicycling, motorized personal vehicles, and
16 public transit;
17 4. Designates as conservation lands, or otherwise
18 protects, regionally significant wetlands, high-quality
19 habitats as determined based on the Integrated Wildlife
20 Habitat Ranking System, and significant wildlife corridors,
21 and allows opportunities for passive recreational uses;
22 5. Includes buffers to protect adjacent agricultural
23 and natural resources and provides incentive-based policies to
24 promote retention of highly productive agricultural areas on
25 site as a viable component of the economic base and for the
26 enhancement of agriculture and agribusiness as an economic
27 sector within the local government;
28 6. Achieves a positive net fiscal impact on the
29 jurisdiction as determined through the use of a professionally
30 acceptable fiscal-impact model or methodology;
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1 7. Is financially feasible and supported by policies
2 ensuring that infrastructure is provided on a phased-in basis
3 to address identified needs through the long-range planning
4 period of the adopted comprehensive plan. A development
5 agreement or development-of-regional-impact development order
6 shall be referenced in the capital improvements schedule in
7 order to address financial feasibility and provide appropriate
8 strategies for the long-term provision of required
9 infrastructure;
10 8. Includes a conceptual site plan generally depicting
11 the organization of land uses, habitat conservation areas,
12 major open space and buffer areas, waterbodies, roadways, and
13 other features consistent with the policies adopted in the
14 comprehensive plan pursuant to this subsection. A
15 development-of-regional-impact development order adopted
16 within the proposed amendment site must be consistent with the
17 conceptual site plan and may be adopted concurrent with, or
18 subsequent to, the adoption of the plan amendment; and
19 9. Is not located within a coastal high hazard area or
20 within the Coastal Barrier Resources System.
21 (4) The state land planning agency may not find a plan
22 amendment not in compliance as related to need or urban
23 sprawl, as addressed in s. 163.3177(6)(a) and rule 9J-5.006,
24 Florida Administrative Code, if the requirements of this
25 section are met. This section does not limit the ability of
26 the state land planning agency to find such a comprehensive
27 plan amendment not in compliance based on other statutory
28 criteria that are unrelated to need or urban sprawl.
29 Section 9. In order to maintain the security of the
30 ports of this state and to ensure the continuous flow of goods
31 critical to the economic health and prosperity of this state,
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1 the ports of Jacksonville, Tampa, Port Everglades, Miami, Port
2 Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe,
3 Panama City, St. Petersburg, Pensacola, Fernandina, and Key
4 West may not transfer ownership or exclusive management
5 control of real property or port operations to an entity
6 controlled by a foreign government or foreign business entity
7 without the express consent of the Legislature.
8 Section 10. If any provision of this act or its
9 application to any person or circumstance is held invalid, the
10 invalidity does not affect other provisions or applications of
11 the act which can be given effect without the invalid
12 provision or application, and to this end the provisions of
13 this act are severable.
14 Section 11. This act shall take effect July 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 1020
3
4 The committee substitute (CS) revises the definition of
"essentially built out," as it relates to single family
5 residential portions of a development, to require that all
infrastructure and horizontal development be completed, at
6 least 50 percent of the dwelling units be completed, and more
than 80 percent of the lots must be conveyed to third party
7 individual lot owners or builders in order to satisfy the
definition. The substantial deviation percentages are doubled
8 and the thresholds are increased by 10 percent for most uses.
The substantial deviation threshold for an increase in hotel
9 or motel rooms may be increased by 100 percent for a project
that creates jobs and meets certain criteria. Also, the
10 thresholds for workforce housing and external vehicle trips
are increased by 50 percent for a project located wholly
11 within urban infill and redevelopment area designated on the
future land use map.
12
It establishes a process that requires a 45-day notice to
13 certain governmental entities, public notice, and the filing
of a memorandum with the clerk of court for specified changes
14 that currently require a notice of proposed change under
existing law. It also increases the number of allowable
15 residential units that would trigger
development-of-regional-impact (DRI) review and adjust
16 substantial deviation thresholds upward for developments that
set aside a specified percentage of units dedicated to
17 workforce housing. The CS provides for a 12-month window for
local governments to negotiate a binding agreement to address
18 traffic impacts so that the local government can enjoy an
exemption from DRI review within urban service boundaries and
19 designated urban infill and redevelopment areas. A proposed
DRI will be reviewed only for traffic impacts if there is an
20 agreement when the 12-month period expires or earlier at the
option of the local government.
21
This CS revises the process for an appeal to a development
22 order within a DRI. Specifically, it allows the state land
planning agency to raise consistency with the local
23 comprehensive plan as part of an appeal to the development
order to the Florida Land and Water Adjudicatory Commission.
24 If the state land planning agency is served with notice that
the consistency of the development order is being challenged
25 under s. 163.3215, F.S., the agency must intervene and raise
its consistency issues in that proceeding. Also, the state
26 land planning agency must dismiss its consistency issues from
its appeal to the Florida Land and Water Adjudicatory
27 Commission.
28 Under this CS, the definition of "recreation and commerical
working waterfront" is revised to include public lodging
29 establishments for the purpose of eligibility for ad valorem
tax deferral. The CS also prohibits a local government from
30 requiring that transportation facilities be in place or under
actual construction with a shorter timeframe than a 3-year
31 period. Local governments may not approve an application to
rezone real property except by a majority vote of the
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1 governing body of the local government.
2 In addition, the CS authorizes an amendment to a local
comprehensive plan which would allow the creation of a new
3 town in a rural county if the county is designated as a rural
area of critical economic concern or has fewer than 500,000
4 persons and the future land use map provides for 1 unit per 5
acres or fewer in at least 50 percent of the jurisdiction's
5 land area, excluding conservation lands. If the proposed
development meets certain siting and design criteria, the
6 state land planning agency may not find the plan amendment not
in compliance based on need or urban sprawl.
7
This CS prohibits the sale or exclusive control of real
8 property or the operations of any port in this state to an
entity controlled by a foreign government or a foreign
9 business entity without the express consent of the
Legislature. It also provides for severability.
10
The CS deletes language that extended the period of buildout
11 for a DRI from 5 years to 7 years. It deletes language that
eliminated the bright-line test for substantial deviations and
12 creates a presumption. It deletes language relating to
transportation mitigation required by the development order
13 and proportionate-share payments. Also, it deletes language
that allowed changes to internal locations or changes to the
14 internal location of public facilities, either individually or
cumulatively, without consideration of a substantial
15 deviation. It restores existing language that requires the
Department of Community Affairs (DCA), the Department of
16 Enviromental Protection, and the Fish and Wildlife
Conservation Commission to provide technical assistance to
17 local governments for the development of a marina siting plan.
18 Finally, the CS restores existing language that requires DRI
review for certain types and sizes of facilities, including
19 attractions and recreations facilities, ports, and
post-secondary schools. It retains the language that exempts
20 dry storage facilities from DRI review. It deletes language
from prohibiting DCA from considering impacts of independent
21 DRIs cumulatively when evaluating a DRI that may not be
aggregated with an approved DRI. Also, it deletes language
22 that provided s. 163.3215, F.S., is the sole mechanism for
challenging the consistency of a DRI development order with
23 the local government's comprehensive plan. |
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