| 1 | A bill to be entitled |
| 2 | An act relating to developments of regional impact; |
| 3 | amending s. 380.06, F.S.; conforming a cross-reference; |
| 4 | requiring the state land planning agency to initiate |
| 5 | rulemaking by a specific date to revise the development- |
| 6 | of-regional-impact review process; requiring a local |
| 7 | government to issue development orders concurrently with |
| 8 | comprehensive plan amendments; specifying certain |
| 9 | requirements for a development order; prohibiting a local |
| 10 | government from issuing permits for development subsequent |
| 11 | to the buildout date; revising the circumstances in which |
| 12 | a local government may issue subsequent permits for |
| 13 | development; revising the definition of an essentially |
| 14 | built-out development; prohibiting the suspension of a |
| 15 | development order for failure to submit a biennial report |
| 16 | under certain circumstances; revising the criteria under |
| 17 | which a proposed change is presumed to create a |
| 18 | substantial deviation; requiring that notice of certain |
| 19 | changes be given to the state land planning agency, |
| 20 | regional planning agency, and local government; requiring |
| 21 | that a memorandum of notice of certain changes be filed |
| 22 | with the clerk of court; revising the period of time for |
| 23 | notice and a public hearing after a change to a |
| 24 | development order has been submitted; revising the |
| 25 | requirement for further development-of-regional-impact |
| 26 | review of a proposed change; revising the statutory |
| 27 | exemptions for the development of certain facilities; |
| 28 | providing statutory exemptions for the development of |
| 29 | certain facilities; providing that the impacts from a use |
| 30 | that will be part of a larger project be included in the |
| 31 | development-of-regional-impact review of the larger |
| 32 | project; amending s. 380.0651, F.S.; removing the |
| 33 | application of statewide guidelines and standards for |
| 34 | development-of-regional-impact review to the construction |
| 35 | of certain attractions and recreation facilities; revising |
| 36 | the statewide guidelines and standards for development-of- |
| 37 | regional-impact review of the construction of certain |
| 38 | marinas; removing the application of statewide guidelines |
| 39 | and standards for development-of-regional-impact review to |
| 40 | the construction of certain schools; prohibiting the state |
| 41 | land planning agency from considering an impact of an |
| 42 | independent development of regional impact cumulatively |
| 43 | under certain circumstances; amending s. 380.07, F.S.; |
| 44 | providing a mechanism for challenging the consistency of a |
| 45 | development order with a local government comprehensive |
| 46 | plan; providing that the Department of Community Affairs |
| 47 | has standing to initiate an action to determine the |
| 48 | consistency of a development order with a local government |
| 49 | comprehensive plan; amending s. 380.115, F.S.; providing |
| 50 | that a change in a development-of-regional-impact |
| 51 | guideline and standard does not abridge or modify any |
| 52 | vested right or duty under a development order; amending |
| 53 | ss. 163.3180 and 331.303, F.S.; conforming cross- |
| 54 | references; providing an effective date. |
| 55 |
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| 56 | Be It Enacted by the Legislature of the State of Florida: |
| 57 |
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| 58 | Section 1. Paragraph (d) of subsection (2), paragraph (b) |
| 59 | of subsection (7), and subsections (15), (18), (19), and (24) of |
| 60 | section 380.06, Florida Statutes, are amended to read: |
| 61 | 380.06 Developments of regional impact.-- |
| 62 | (2) STATEWIDE GUIDELINES AND STANDARDS.-- |
| 63 | (d) The guidelines and standards shall be applied as |
| 64 | follows: |
| 65 | 1. Fixed thresholds.-- |
| 66 | a. A development that is below 100 percent of all |
| 67 | numerical thresholds in the guidelines and standards shall not |
| 68 | be required to undergo development-of-regional-impact review. |
| 69 | b. A development that is at or above 120 percent of any |
| 70 | numerical threshold shall be required to undergo development-of- |
| 71 | regional-impact review. |
| 72 | c. Projects certified under s. 403.973 which create at |
| 73 | least 100 jobs and meet the criteria of the Office of Tourism, |
| 74 | Trade, and Economic Development as to their impact on an area's |
| 75 | economy, employment, and prevailing wage and skill levels that |
| 76 | are at or below 100 percent of the numerical thresholds for |
| 77 | industrial plants, industrial parks, distribution, warehousing |
| 78 | or wholesaling facilities, office development or multiuse |
| 79 | projects other than residential, as described in s. |
| 80 | 380.0651(3)(b), (c), and (h) 380.0651(3)(c), (d), and (i), are |
| 81 | not required to undergo development-of-regional-impact review. |
| 82 | 2. Rebuttable presumption.--It shall be presumed that a |
| 83 | development that is at 100 percent or between 100 and 120 |
| 84 | percent of a numerical threshold shall be required to undergo |
| 85 | development-of-regional-impact review. |
| 86 | (7) PREAPPLICATION PROCEDURES.-- |
| 87 | (b) The state land regional planning agency shall |
| 88 | establish by rule a procedure by which a developer may enter |
| 89 | into binding written agreements with the regional planning |
| 90 | agency to eliminate questions from the application for |
| 91 | development approval when those questions are found to be |
| 92 | unnecessary for development-of-regional-impact review. By August |
| 93 | 1, 2006, the department shall initiate rulemaking to revise the |
| 94 | development-of-regional-impact review process. The department |
| 95 | shall eliminate as many duplicative or unnecessary requirements |
| 96 | and questions as possible; provide for the acceptability and use |
| 97 | of data and information provided by the applicant for federal, |
| 98 | state, or local government permits and authorizations required |
| 99 | for the proposed development; and revise and streamline the |
| 100 | application process for development approval in order to provide |
| 101 | for a more efficient review of an application. It is the |
| 102 | legislative intent of this subsection to encourage reduction of |
| 103 | paperwork, to discourage unnecessary gathering of data, and to |
| 104 | encourage the coordination of the development-of-regional-impact |
| 105 | review process with federal, state, and local environmental |
| 106 | reviews when such reviews are required by law. |
| 107 | (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.-- |
| 108 | (a) The appropriate local government shall render a |
| 109 | decision on the application within 30 days after the hearing |
| 110 | unless an extension is requested by the developer. |
| 111 | (b) Unless otherwise requested by the applicant When |
| 112 | possible, the local government governments shall issue |
| 113 | development orders concurrently with comprehensive plan |
| 114 | amendments and, when practicable, with any other local permits |
| 115 | or development approvals that may be applicable to the proposed |
| 116 | development. |
| 117 | (c) The development order shall include findings of fact |
| 118 | and conclusions of law consistent with subsections (13) and |
| 119 | (14). The development order: |
| 120 | 1. Shall specify the monitoring procedures and the local |
| 121 | official responsible for assuring compliance by the developer |
| 122 | with the development order. |
| 123 | 2. Shall establish compliance dates for the development |
| 124 | order, including a deadline for commencing physical development |
| 125 | and for compliance with conditions of approval or phasing |
| 126 | requirements, and shall include a buildout termination date that |
| 127 | reasonably reflects the time anticipated required to complete |
| 128 | the development. |
| 129 | 3. Shall establish a date until which the local government |
| 130 | agrees that the approved development of regional impact shall |
| 131 | not be subject to downzoning, unit density reduction, or |
| 132 | intensity reduction, unless the local government can demonstrate |
| 133 | that substantial changes in the conditions underlying the |
| 134 | approval of the development order have occurred or the |
| 135 | development order was based on substantially inaccurate |
| 136 | information provided by the developer or that the change is |
| 137 | clearly established by local government to be essential to the |
| 138 | public health, safety, or welfare. The date established pursuant |
| 139 | to this subparagraph shall be no sooner than the buildout date |
| 140 | of the project. |
| 141 | 4. Shall specify the requirements for the biennial report |
| 142 | designated under subsection (18), including the date of |
| 143 | submission, parties to whom the report is submitted, and |
| 144 | contents of the report, based upon the rules adopted by the |
| 145 | state land planning agency. Such rules shall specify the scope |
| 146 | of any additional local requirements that may be necessary for |
| 147 | the report. |
| 148 | 5. Shall May specify the types of changes, if any, to the |
| 149 | development which shall require submission for a substantial |
| 150 | deviation determination or a notice of proposed change under |
| 151 | subsection (19). |
| 152 | 6. Shall include a legal description of the property. |
| 153 | (d) Conditions of a development order that require a |
| 154 | developer to contribute land for a public facility or construct, |
| 155 | expand, or pay for land acquisition or construction or expansion |
| 156 | of a public facility, or portion thereof, shall meet the |
| 157 | following criteria: |
| 158 | 1. The need to construct new facilities or add to the |
| 159 | present system of public facilities must be reasonably |
| 160 | attributable to the proposed development. |
| 161 | 2. Any contribution of funds, land, or public facilities |
| 162 | required from the developer shall be comparable to the amount of |
| 163 | funds, land, or public facilities that the state or the local |
| 164 | government would reasonably expect to expend or provide, based |
| 165 | on projected costs of comparable projects, to mitigate the |
| 166 | impacts reasonably attributable to the proposed development. |
| 167 | 3. Any funds or lands contributed must be expressly |
| 168 | designated and used to mitigate impacts reasonably attributable |
| 169 | to the proposed development. |
| 170 | 4. Construction or expansion of a public facility by a |
| 171 | nongovernmental developer as a condition of a development order |
| 172 | to mitigate the impacts reasonably attributable to the proposed |
| 173 | development is not subject to competitive bidding or competitive |
| 174 | negotiation for selection of a contractor or design professional |
| 175 | for any part of the construction or design unless required by |
| 176 | the local government that issues the development order. |
| 177 | (e)1. Effective July 1, 1986, A local government shall not |
| 178 | include, as a development order condition for a development of |
| 179 | regional impact, any requirement that a developer contribute or |
| 180 | pay for land acquisition or construction or expansion of public |
| 181 | facilities or portions thereof unless the local government has |
| 182 | enacted a local ordinance which requires other development not |
| 183 | subject to this section to contribute its proportionate share of |
| 184 | the funds, land, or public facilities necessary to accommodate |
| 185 | any impacts having a rational nexus to the proposed development, |
| 186 | and the need to construct new facilities or add to the present |
| 187 | system of public facilities must be reasonably attributable to |
| 188 | the proposed development. |
| 189 | 2. A local government shall not approve a development of |
| 190 | regional impact that does not make adequate provision for the |
| 191 | public facilities needed to accommodate the impacts of the |
| 192 | proposed development unless the local government includes in the |
| 193 | development order a commitment by the local government to |
| 194 | provide these facilities consistently with the development |
| 195 | schedule approved in the development order; however, a local |
| 196 | government's failure to meet the requirements of subparagraph 1. |
| 197 | and this subparagraph shall not preclude the issuance of a |
| 198 | development order where adequate provision is made by the |
| 199 | developer for the public facilities needed to accommodate the |
| 200 | impacts of the proposed development. Any funds or lands |
| 201 | contributed by a developer must be expressly designated and used |
| 202 | to accommodate impacts reasonably attributable to the proposed |
| 203 | development. |
| 204 | 3. The Department of Community Affairs and other state and |
| 205 | regional agencies involved in the administration and |
| 206 | implementation of this act shall cooperate and work with units |
| 207 | of local government in preparing and adopting local impact fee |
| 208 | and other contribution ordinances. |
| 209 | (f) Notice of the adoption of a development order or the |
| 210 | subsequent amendments to an adopted development order shall be |
| 211 | recorded by the developer, in accordance with s. 28.222, with |
| 212 | the clerk of the circuit court for each county in which the |
| 213 | development is located. The notice shall include a legal |
| 214 | description of the property covered by the order and shall state |
| 215 | which unit of local government adopted the development order, |
| 216 | the date of adoption, the date of adoption of any amendments to |
| 217 | the development order, the location where the adopted order with |
| 218 | any amendments may be examined, and that the development order |
| 219 | constitutes a land development regulation applicable to the |
| 220 | property. The recording of this notice shall not constitute a |
| 221 | lien, cloud, or encumbrance on real property, or actual or |
| 222 | constructive notice of any such lien, cloud, or encumbrance. |
| 223 | This paragraph applies only to developments initially approved |
| 224 | under this section after July 1, 1980. |
| 225 | (g) A local government may shall not issue permits for |
| 226 | development subsequent to the buildout termination date or |
| 227 | expiration date contained in the development order if unless: |
| 228 | 1. The proposed development has been evaluated |
| 229 | cumulatively with existing development under the substantial |
| 230 | deviation provisions of subsection (19) subsequent to the |
| 231 | termination or expiration date; |
| 232 | 1.2. The proposed development is consistent with an |
| 233 | abandonment of development order that has been issued in |
| 234 | accordance with the provisions of subsection (26); or |
| 235 | 2. The proposed development has satisfied the mitigation |
| 236 | requirements in the development order and meets the requirements |
| 237 | of sub-sub-subparagraph 3.b.(I); or |
| 238 | 3. The project has been determined to be an essentially |
| 239 | built-out development of regional impact through an agreement |
| 240 | executed by the developer, the state land planning agency, and |
| 241 | the local government, in accordance with s. 380.032, which will |
| 242 | establish the terms and conditions under which the development |
| 243 | may be continued. If the project is determined to be essentially |
| 244 | built-out, development may proceed pursuant to the s. 380.032 |
| 245 | agreement after the termination or expiration date contained in |
| 246 | the development order without further development-of-regional- |
| 247 | impact review subject to the local government comprehensive plan |
| 248 | and land development regulations or subject to a modified |
| 249 | development-of-regional-impact analysis. As used in this |
| 250 | paragraph, an "essentially built-out" development of regional |
| 251 | impact means: |
| 252 | a. The development is in compliance with all applicable |
| 253 | terms and conditions of the development order except the built- |
| 254 | out date; and |
| 255 | b.(I) The amount of development that remains to be built |
| 256 | is less than 20 percent of the development approved by the |
| 257 | original development order but not more than the applicable |
| 258 | development-of-regional-impact threshold. Development may also |
| 259 | be considered essentially built-out if all the infrastructure |
| 260 | and horizontal development for the project has been completed |
| 261 | and more than 80 percent of the parcels have been conveyed to |
| 262 | third-party buyers, including builders and individual lot owners |
| 263 | the substantial deviation threshold specified in paragraph |
| 264 | (19)(b) for each individual land use category, or, for a |
| 265 | multiuse development, the sum total of all unbuilt land uses as |
| 266 | a percentage of the applicable substantial deviation threshold |
| 267 | is equal to or less than 100 percent; or |
| 268 | (II) The state land planning agency and the local |
| 269 | government have agreed in writing that the amount of development |
| 270 | to be built does not create the likelihood of any additional |
| 271 | regional impact not previously reviewed. |
| 272 | (h) If the property is annexed by another local |
| 273 | jurisdiction, the annexing jurisdiction shall adopt a new |
| 274 | development order that incorporates all previous rights and |
| 275 | obligations specified in the prior development order. |
| 276 | (18) BIENNIAL REPORTS.--The developer shall submit a |
| 277 | biennial report on the development of regional impact to the |
| 278 | local government, the regional planning agency, the state land |
| 279 | planning agency, and all affected permit agencies in alternate |
| 280 | years on the date specified in the development order, unless the |
| 281 | development order by its terms requires more frequent |
| 282 | monitoring. If the report is not received, the regional planning |
| 283 | agency or the state land planning agency shall notify the local |
| 284 | government. If the local government does not receive the report |
| 285 | or receives notification that the regional planning agency or |
| 286 | the state land planning agency has not received the report, the |
| 287 | local government shall request in writing that the developer |
| 288 | submit the report within 30 days. The failure to submit the |
| 289 | report after 30 days shall result in the temporary suspension of |
| 290 | the development order applicable to the property remaining to be |
| 291 | developed by the party failing to submit the report. If other |
| 292 | developers within a development of regional impact are in |
| 293 | compliance with their reporting requirements, the development |
| 294 | order as it relates to their property may not be suspended by |
| 295 | the local government. If no additional development pursuant to |
| 296 | the development order has occurred since the submission of the |
| 297 | previous report, then a letter from the developer stating that |
| 298 | no development has occurred shall satisfy the requirement for a |
| 299 | report. Development orders that require annual reports shall may |
| 300 | be amended to require biennial reports the next time they are |
| 301 | amended at the option of the local government. |
| 302 | (19) SUBSTANTIAL DEVIATIONS.-- |
| 303 | (a) Any proposed change to a previously approved |
| 304 | development which creates an a reasonable likelihood of |
| 305 | additional regional impact, or any type of regional impact |
| 306 | created by the change not previously reviewed by the regional |
| 307 | planning agency, shall constitute a substantial deviation and |
| 308 | shall cause the proposed change development to be subject to |
| 309 | further development-of-regional-impact review. There are a |
| 310 | variety of reasons why a developer may wish to propose changes |
| 311 | to an approved development of regional impact, including changed |
| 312 | market conditions. The procedures set forth in this subsection |
| 313 | are for that purpose. |
| 314 | (b) Any proposed change to a previously approved |
| 315 | development of regional impact or development order condition |
| 316 | which, either individually or cumulatively with other changes, |
| 317 | exceeds any of the following criteria shall be presumed to |
| 318 | create constitute a substantial deviation and shall cause the |
| 319 | development to be subject to further development-of-regional- |
| 320 | impact review without the necessity for a finding of same by the |
| 321 | local government: |
| 322 | 1. An increase in the number of parking spaces at an |
| 323 | attraction or recreational facility by 10 5 percent or 500 300 |
| 324 | spaces, whichever is greater, or an increase in the number of |
| 325 | spectators that may be accommodated at such a facility by 10 5 |
| 326 | percent or 1,000 spectators, whichever is greater. |
| 327 | 2. A new runway, a new terminal facility, a 25-percent |
| 328 | lengthening of an existing runway, or a 25-percent increase in |
| 329 | the number of gates of an existing terminal, but only if the |
| 330 | increase adds at least three additional gates. |
| 331 | 3. An increase in the number of hospital beds by 5 percent |
| 332 | or 60 beds, whichever is greater. |
| 333 | 3.4. An increase in industrial development area by 10 5 |
| 334 | percent or 64 32 acres, whichever is greater. |
| 335 | 4.5. An increase in the average annual acreage mined by 10 |
| 336 | 5 percent or 20 10 acres, whichever is greater, or an increase |
| 337 | in the average daily water consumption by a mining operation by |
| 338 | 10 5 percent or 600,000 300,000 gallons, whichever is greater. |
| 339 | An increase in the size of the mine by 10 5 percent or 1,000 750 |
| 340 | acres, whichever is less. An increase in the size of a heavy |
| 341 | mineral mine as defined in s. 378.403(7) will only constitute a |
| 342 | substantial deviation if the average annual acreage mined is |
| 343 | more than 500 acres and consumes more than 3 million gallons of |
| 344 | water per day. |
| 345 | 5.6. An increase in land area for office development by 10 |
| 346 | 5 percent or an increase of gross floor area of office |
| 347 | development by 10 5 percent or 100,000 60,000 gross square feet, |
| 348 | whichever is greater. |
| 349 | 6. An increase of development at a marina of 10 percent of |
| 350 | wet storage or for 30 watercraft slips, whichever is greater, or |
| 351 | 20 percent of wet storage or 60 watercraft slips in an area |
| 352 | identified by a local government in a boat facility siting plan |
| 353 | as an appropriate site for additional marina development, |
| 354 | whichever is greater. |
| 355 | 7. An increase in the storage capacity for chemical or |
| 356 | petroleum storage facilities by 5 percent, 20,000 barrels, or 7 |
| 357 | million pounds, whichever is greater. |
| 358 | 8. An increase of development at a waterport of wet |
| 359 | storage for 20 watercraft, dry storage for 30 watercraft, or |
| 360 | wet/dry storage for 60 watercraft in an area identified in the |
| 361 | state marina siting plan as an appropriate site for additional |
| 362 | waterport development or a 5-percent increase in watercraft |
| 363 | storage capacity, whichever is greater. |
| 364 | 7.9. An increase in the number of dwelling units by 10 5 |
| 365 | percent or 100 50 dwelling units, whichever is greater. |
| 366 | 8.10. An increase in commercial development by 100,000 |
| 367 | 50,000 square feet of gross floor area or of parking spaces |
| 368 | provided for customers for 600 300 cars or a 10-percent 5- |
| 369 | percent increase of either of these, whichever is greater. |
| 370 | 9.11. An increase in hotel or motel rooms facility units |
| 371 | by 10 5 percent or 100 rooms 75 units, whichever is greater. |
| 372 | 10.12. An increase in a recreational vehicle park area by |
| 373 | 10 5 percent or 100 vehicle spaces, whichever is less. |
| 374 | 11.13. A decrease in the area set aside for open space of |
| 375 | 5 percent or 20 acres, whichever is less. |
| 376 | 12.14. A proposed increase to an approved multiuse |
| 377 | development of regional impact where the sum of the increases of |
| 378 | each land use as a percentage of the applicable substantial |
| 379 | deviation criteria is equal to or exceeds 120 100 percent. The |
| 380 | percentage of any decrease in the amount of open space shall be |
| 381 | treated as an increase for purposes of determining when 120 100 |
| 382 | percent has been reached or exceeded. |
| 383 | 13.15. A 20-percent 15-percent increase in the number of |
| 384 | external vehicle trips generated by the development above that |
| 385 | which was projected during the original development-of-regional- |
| 386 | impact review. If the transportation mitigation identified in |
| 387 | the adopted development order is based upon proportionate-share |
| 388 | payments, an increase in the proportionate-share payment |
| 389 | commensurate with the increase in external vehicle trips |
| 390 | generated by the development is adequate to satisfy the |
| 391 | obligation of the developer to rebut the presumption. |
| 392 | 14.16. Any change that which would result in development |
| 393 | of any area which was specifically set aside in the application |
| 394 | for development approval or in the development order for |
| 395 | preservation or special protection of endangered or threatened |
| 396 | plants or animals designated as endangered, threatened, or |
| 397 | species of special concern and their habitat, primary dunes, or |
| 398 | archaeological and historical sites designated as significant by |
| 399 | the Division of Historical Resources of the Department of State. |
| 400 | The further science-based refinement of such areas by survey, by |
| 401 | habitat evaluation, by other recognized assessment methodology, |
| 402 | or by an environmental assessment is not a substantial deviation |
| 403 | shall be considered under sub-subparagraph (e)5.b. |
| 404 |
|
| 405 | The substantial deviation numerical standards in subparagraphs |
| 406 | 3., 5., 8., 9., 12., and 13. 4., 6., 10., 14., excluding |
| 407 | residential uses, and 15., are increased by 100 percent for a |
| 408 | project certified under s. 403.973 which creates jobs and meets |
| 409 | criteria established by the Office of Tourism, Trade, and |
| 410 | Economic Development as to its impact on an area's economy, |
| 411 | employment, and prevailing wage and skill levels. The |
| 412 | substantial deviation numerical standards in subparagraphs 3., |
| 413 | 5., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14. are |
| 414 | increased by 50 percent for a project located wholly within an |
| 415 | urban infill and redevelopment area designated on the applicable |
| 416 | adopted local comprehensive plan future land use map and not |
| 417 | located within the coastal high hazard area. |
| 418 | (c) An extension of the date of buildout of a development, |
| 419 | or any phase thereof, by more than 10 7 or more years shall be |
| 420 | presumed to create a substantial deviation subject to further |
| 421 | development-of-regional-impact review. An extension of the date |
| 422 | of buildout, or any phase thereof, of 5 years or more but less |
| 423 | than 7 years shall be presumed not to create a substantial |
| 424 | deviation. The extension of the date of buildout of an areawide |
| 425 | development of regional impact by more than 5 years but less |
| 426 | than 10 years is presumed not to create a substantial deviation. |
| 427 | This presumption These presumptions may be rebutted by clear and |
| 428 | convincing evidence at the public hearing held by the local |
| 429 | government. An extension of 7 years or less than 5 years is not |
| 430 | a substantial deviation. For the purpose of calculating when a |
| 431 | buildout or, phase, or termination date has been exceeded, the |
| 432 | time shall be tolled during the pendency of administrative or |
| 433 | judicial proceedings relating to development permits. Any |
| 434 | extension of the buildout date of a project or a phase thereof |
| 435 | shall automatically extend the commencement date of the project, |
| 436 | the buildout date the termination date of the development order, |
| 437 | the expiration date of the development of regional impact, and |
| 438 | the phases thereof by a like period of time. |
| 439 | (d) A change in the plan of development of an approved |
| 440 | development of regional impact resulting from requirements |
| 441 | imposed by the Department of Environmental Protection or any |
| 442 | water management district created by s. 373.069 or any of their |
| 443 | successor agencies or by any appropriate federal regulatory |
| 444 | agency shall be submitted to the local government pursuant to |
| 445 | this subsection. These changes do The change shall be presumed |
| 446 | not to create a substantial deviation subject to further |
| 447 | development-of-regional-impact review. In addition, if a change |
| 448 | to a permit involving property within the development of |
| 449 | regional impact is approved by the agencies with jurisdiction, |
| 450 | the change does not create a substantial deviation. The |
| 451 | presumption may be rebutted by clear and convincing evidence at |
| 452 | the public hearing held by the local government. |
| 453 | (e)1. Except for a development order rendered pursuant to |
| 454 | subsection (22) or subsection (25), a proposed change to a |
| 455 | development order that individually or cumulatively with any |
| 456 | previous change is less than any numerical criterion contained |
| 457 | in subparagraphs (b)1.-14. (b)1.-15. and does not exceed any |
| 458 | other criterion, or that involves an extension of the buildout |
| 459 | date of a development, or any phase thereof, of less than 7 5 |
| 460 | years is not subject to the public hearing requirements of |
| 461 | subparagraph (f)3., and is not subject to a determination |
| 462 | pursuant to subparagraph (f)5. Notice of the proposed change |
| 463 | shall be made to the regional planning council and the state |
| 464 | land planning agency. Such notice shall include a description of |
| 465 | previous individual changes made to the development, including |
| 466 | changes previously approved by the local government, and shall |
| 467 | include appropriate amendments to the development order. |
| 468 | 2. The following changes, individually or cumulatively |
| 469 | with any previous changes, are not substantial deviations: |
| 470 | a. Changes in the name of the project, developer, owner, |
| 471 | or monitoring official. |
| 472 | b. Changes to a setback that do not affect noise buffers, |
| 473 | environmental protection or mitigation areas, or archaeological |
| 474 | or historical resources. |
| 475 | c. Changes to minimum lot sizes. |
| 476 | d. Changes in the configuration of internal roads that do |
| 477 | not affect external access points. |
| 478 | e. Changes to the building design or orientation that stay |
| 479 | approximately within the approved area designated for such |
| 480 | building and parking lot, and which do not affect historical |
| 481 | buildings designated as significant by the Division of |
| 482 | Historical Resources of the Department of State. |
| 483 | f. Changes to increase the acreage in the development, |
| 484 | provided that no development is proposed on the acreage to be |
| 485 | added. |
| 486 | g. Changes to eliminate an approved land use, provided |
| 487 | that there are no additional regional impacts. |
| 488 | h. Changes required to conform to permits approved by any |
| 489 | federal, state, or regional permitting agency, provided that |
| 490 | these changes do not create additional regional impacts. |
| 491 | i. Any renovation or redevelopment of development within a |
| 492 | previously approved development of regional impact which does |
| 493 | not change land use or increase density or intensity of use. |
| 494 | j. Changes to internal utility locations. |
| 495 | k. Changes to the internal location of public facilities. |
| 496 | l.j. Any other change which the state land planning agency |
| 497 | agrees in writing is similar in nature, impact, or character to |
| 498 | the changes enumerated in sub-subparagraphs a.-k. a.-i. and |
| 499 | which does not create the likelihood of any additional regional |
| 500 | impact. |
| 501 |
|
| 502 | This subsection does not require a development order amendment |
| 503 | for any change listed in sub-subparagraphs a.-l. but shall |
| 504 | require notice to the state land planning agency, the regional |
| 505 | planning agency, and the local government. In addition, a |
| 506 | memorandum of that notice shall be filed with the clerk of the |
| 507 | circuit court along with a legal description of the affected |
| 508 | development of regional impact. If a subsequent change requiring |
| 509 | a substantial deviation determination is made to the development |
| 510 | of regional impact, modifications to the development of regional |
| 511 | impact made in all prior notices must be reflected as amendments |
| 512 | to the development memorandum. a.-j. unless such issue is |
| 513 | addressed either in the existing development order or in the |
| 514 | application for development approval, but, in the case of the |
| 515 | application, only if, and in the manner in which, the |
| 516 | application is incorporated in the development order. |
| 517 | 3. Except for the change authorized by sub-subparagraph |
| 518 | 2.f., any addition of land not previously reviewed or any change |
| 519 | not specified in paragraph (b) or paragraph (c) shall be |
| 520 | presumed to create a substantial deviation. This presumption may |
| 521 | be rebutted by clear and convincing evidence. |
| 522 | 4. Any submittal of a proposed change to a previously |
| 523 | approved development shall include a description of individual |
| 524 | changes previously made to the development, including changes |
| 525 | previously approved by the local government. The local |
| 526 | government shall consider the previous and current proposed |
| 527 | changes in deciding whether such changes cumulatively constitute |
| 528 | a substantial deviation requiring further development-of- |
| 529 | regional-impact review. |
| 530 | 5. The following changes to an approved development of |
| 531 | regional impact shall be presumed to create a substantial |
| 532 | deviation. Such presumption may be rebutted by clear and |
| 533 | convincing evidence. |
| 534 | a. A change proposed for 15 percent or more of the acreage |
| 535 | to a land use not previously approved in the development order. |
| 536 | Changes of less than 15 percent shall be presumed not to create |
| 537 | a substantial deviation. |
| 538 | b. Except for the types of uses listed in subparagraph |
| 539 | (b)14. (b)16., any change which would result in the development |
| 540 | of any area which was specifically set aside in the application |
| 541 | for development approval or in the development order for |
| 542 | preservation, buffers, or special protection, including habitat |
| 543 | for plant and animal species, archaeological and historical |
| 544 | sites, dunes, and other special areas. |
| 545 | c. Notwithstanding any provision of paragraph (b) to the |
| 546 | contrary, a proposed change consisting of simultaneous increases |
| 547 | and decreases of at least two of the uses within an authorized |
| 548 | multiuse development of regional impact which was originally |
| 549 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 550 | (d), (f), and (g) and residential use. |
| 551 | (f)1. The state land planning agency shall establish by |
| 552 | rule standard forms for submittal of proposed changes to a |
| 553 | previously approved development of regional impact which may |
| 554 | require further development-of-regional-impact review. At a |
| 555 | minimum, the standard form shall require the developer to |
| 556 | provide the precise language that the developer proposes to |
| 557 | delete or add as an amendment to the development order. |
| 558 | 2. The developer shall submit, simultaneously, to the |
| 559 | local government, the regional planning agency, and the state |
| 560 | land planning agency the request for approval of a proposed |
| 561 | change. |
| 562 | 3. No sooner than 15 30 days but no later than 30 45 days |
| 563 | after submittal by the developer to the local government, the |
| 564 | state land planning agency, and the appropriate regional |
| 565 | planning agency, the local government shall give 15 days' notice |
| 566 | and schedule a public hearing to consider the change that the |
| 567 | developer asserts does not create a substantial deviation. This |
| 568 | public hearing shall be held within 60 90 days after submittal |
| 569 | of the proposed changes, unless that time is extended by the |
| 570 | developer. |
| 571 | 4. The appropriate regional planning agency or the state |
| 572 | land planning agency shall review the proposed change and, no |
| 573 | later than 30 45 days after submittal by the developer of the |
| 574 | proposed change, unless that time is extended by the developer, |
| 575 | and prior to the public hearing at which the proposed change is |
| 576 | to be considered, shall advise the local government in writing |
| 577 | whether it objects to the proposed change, shall specify the |
| 578 | reasons for its objection, if any, and shall provide a copy to |
| 579 | the developer. |
| 580 | 5. At the public hearing, the local government shall |
| 581 | determine whether the proposed change requires further |
| 582 | development-of-regional-impact review. The provisions of |
| 583 | paragraphs (a) and (e), the thresholds set forth in paragraph |
| 584 | (b), and the presumptions set forth in paragraphs (c) and (d) |
| 585 | and subparagraph (e)3. shall be applicable in determining |
| 586 | whether further development-of-regional-impact review is |
| 587 | required. |
| 588 | 6. If the local government determines that the proposed |
| 589 | change does not require further development-of-regional-impact |
| 590 | review and is otherwise approved, or if the proposed change is |
| 591 | not subject to a hearing and determination pursuant to |
| 592 | subparagraphs 3. and 5. and is otherwise approved, the local |
| 593 | government shall issue an amendment to the development order |
| 594 | incorporating the approved change and conditions of approval |
| 595 | relating to the change. The decision of the local government to |
| 596 | approve, with or without conditions, or to deny the proposed |
| 597 | change that the developer asserts does not require further |
| 598 | review shall be subject to the appeal provisions of s. 380.07. |
| 599 | However, the state land planning agency may not appeal the local |
| 600 | government decision if it did not comply with subparagraph 4. |
| 601 | The state land planning agency may not appeal a change to a |
| 602 | development order made pursuant to subparagraph (e)1. or |
| 603 | subparagraph (e)2. for developments of regional impact approved |
| 604 | after January 1, 1980, unless the change would result in a |
| 605 | significant impact to a regionally significant archaeological, |
| 606 | historical, or natural resource not previously identified in the |
| 607 | original development-of-regional-impact review. |
| 608 | (g) If a proposed change requires further development-of- |
| 609 | regional-impact review pursuant to this section, the review |
| 610 | shall be conducted subject to the following additional |
| 611 | conditions: |
| 612 | 1. The development-of-regional-impact review conducted by |
| 613 | the appropriate regional planning agency shall address only |
| 614 | those issues raised by the proposed change except as provided in |
| 615 | subparagraph 2. |
| 616 | 2. The regional planning agency shall consider, and the |
| 617 | local government shall determine whether to approve, approve |
| 618 | with conditions, or deny the proposed change as it relates to |
| 619 | the entire development. If the local government determines that |
| 620 | the proposed change, as it relates to the entire development, is |
| 621 | unacceptable, the local government shall deny the change. |
| 622 | 3. If the local government determines that the proposed |
| 623 | change, as it relates to the entire development, should be |
| 624 | approved, any new conditions in the amendment to the development |
| 625 | order issued by the local government shall address only those |
| 626 | issues raised by the proposed change and require mitigation only |
| 627 | for the impacts of the proposed charge. |
| 628 | 4. Development within the previously approved development |
| 629 | of regional impact may continue, as approved, during the |
| 630 | development-of-regional-impact review in those portions of the |
| 631 | development which are not directly affected by the proposed |
| 632 | change. |
| 633 | (h) When further development-of-regional-impact review is |
| 634 | required because a substantial deviation has been determined or |
| 635 | admitted by the developer, the amendment to the development |
| 636 | order issued by the local government shall be consistent with |
| 637 | the requirements of subsection (15) and shall be subject to the |
| 638 | hearing and appeal provisions of s. 380.07. The state land |
| 639 | planning agency or the appropriate regional planning agency need |
| 640 | not participate at the local hearing in order to appeal a local |
| 641 | government development order issued pursuant to this paragraph. |
| 642 | (24) STATUTORY EXEMPTIONS.-- |
| 643 | (a) Any proposed hospital which has a designed capacity of |
| 644 | not more than 100 beds is exempt from the provisions of this |
| 645 | section. |
| 646 | (b) Any proposed electrical transmission line or |
| 647 | electrical power plant is exempt from the provisions of this |
| 648 | section, except any steam or solar electrical generating |
| 649 | facility of less than 50 megawatts in capacity attached to a |
| 650 | development of regional impact. |
| 651 | (c) Any proposed addition to an existing sports facility |
| 652 | complex is exempt from the provisions of this section if the |
| 653 | addition meets the following characteristics: |
| 654 | 1. It would not operate concurrently with the scheduled |
| 655 | hours of operation of the existing facility. |
| 656 | 2. Its seating capacity would be no more than 75 percent |
| 657 | of the capacity of the existing facility. |
| 658 | 3. The sports facility complex property is owned by a |
| 659 | public body prior to July 1, 1983. |
| 660 |
|
| 661 | This exemption does not apply to any pari-mutuel facility. |
| 662 | (d) Any proposed addition or cumulative additions |
| 663 | subsequent to July 1, 1988, to an existing sports facility |
| 664 | complex owned by a state university is exempt if the increased |
| 665 | seating capacity of the complex is no more than 30 percent of |
| 666 | the capacity of the existing facility. |
| 667 | (e) Any addition of permanent seats or parking spaces for |
| 668 | an existing sports facility located on property owned by a |
| 669 | public body prior to July 1, 1973, is exempt from the provisions |
| 670 | of this section if future additions do not expand existing |
| 671 | permanent seating or parking capacity more than 15 percent |
| 672 | annually in excess of the prior year's capacity. |
| 673 | (f) Any increase in the seating capacity of an existing |
| 674 | sports facility having a permanent seating capacity of at least |
| 675 | 50,000 spectators is exempt from the provisions of this section, |
| 676 | provided that such an increase does not increase permanent |
| 677 | seating capacity by more than 5 percent per year and not to |
| 678 | exceed a total of 10 percent in any 5-year period, and provided |
| 679 | that the sports facility notifies the appropriate local |
| 680 | government within which the facility is located of the increase |
| 681 | at least 6 months prior to the initial use of the increased |
| 682 | seating, in order to permit the appropriate local government to |
| 683 | develop a traffic management plan for the traffic generated by |
| 684 | the increase. Any traffic management plan shall be consistent |
| 685 | with the local comprehensive plan, the regional policy plan, and |
| 686 | the state comprehensive plan. |
| 687 | (g) Any expansion in the permanent seating capacity or |
| 688 | additional improved parking facilities of an existing sports |
| 689 | facility is exempt from the provisions of this section, if the |
| 690 | following conditions exist: |
| 691 | 1.a. The sports facility had a permanent seating capacity |
| 692 | on January 1, 1991, of at least 41,000 spectator seats; |
| 693 | b. The sum of such expansions in permanent seating |
| 694 | capacity does not exceed a total of 10 percent in any 5-year |
| 695 | period and does not exceed a cumulative total of 20 percent for |
| 696 | any such expansions; or |
| 697 | c. The increase in additional improved parking facilities |
| 698 | is a one-time addition and does not exceed 3,500 parking spaces |
| 699 | serving the sports facility; and |
| 700 | 2. The local government having jurisdiction of the sports |
| 701 | facility includes in the development order or development permit |
| 702 | approving such expansion under this paragraph a finding of fact |
| 703 | that the proposed expansion is consistent with the |
| 704 | transportation, water, sewer and stormwater drainage provisions |
| 705 | of the approved local comprehensive plan and local land |
| 706 | development regulations relating to those provisions. |
| 707 |
|
| 708 | Any owner or developer who intends to rely on this statutory |
| 709 | exemption shall provide to the department a copy of the local |
| 710 | government application for a development permit. Within 45 days |
| 711 | of receipt of the application, the department shall render to |
| 712 | the local government an advisory and nonbinding opinion, in |
| 713 | writing, stating whether, in the department's opinion, the |
| 714 | prescribed conditions exist for an exemption under this |
| 715 | paragraph. The local government shall render the development |
| 716 | order approving each such expansion to the department. The |
| 717 | owner, developer, or department may appeal the local government |
| 718 | development order pursuant to s. 380.07, within 45 days after |
| 719 | the order is rendered. The scope of review shall be limited to |
| 720 | the determination of whether the conditions prescribed in this |
| 721 | paragraph exist. If any sports facility expansion undergoes |
| 722 | development of regional impact review, all previous expansions |
| 723 | which were exempt under this paragraph shall be included in the |
| 724 | development of regional impact review. |
| 725 | (h) Expansion to port harbors, spoil disposal sites, |
| 726 | navigation channels, turning basins, harbor berths, and other |
| 727 | related inwater harbor facilities of ports listed in s. |
| 728 | 403.021(9)(b), port transportation facilities and projects |
| 729 | listed in s. 311.07(3)(b), and intermodal transportation |
| 730 | facilities identified pursuant to s. 311.09(3) are exempt from |
| 731 | the provisions of this section when such expansions, projects, |
| 732 | or facilities are consistent with comprehensive master plans |
| 733 | that are in compliance with the provisions of s. 163.3178. |
| 734 | (i) Any proposed facility for the storage of any petroleum |
| 735 | product or any expansion of an existing facility is exempt from |
| 736 | the provisions of this section, if the facility is consistent |
| 737 | with a local comprehensive plan that is in compliance with s. |
| 738 | 163.3177 or is consistent with a comprehensive port master plan |
| 739 | that is in compliance with s. 163.3178. |
| 740 | (j) Any renovation or redevelopment within the same land |
| 741 | parcel which does not change land use or increase density or |
| 742 | intensity of use. |
| 743 | (k)1. Any waterport or marina development is exempt from |
| 744 | the provisions of this section if the relevant county or |
| 745 | municipality has adopted a boating facility siting plan or |
| 746 | policy, which includes applicable criteria, considering such |
| 747 | factors as natural resources, manatee protection needs, and |
| 748 | recreation and economic demands as generally outlined in the |
| 749 | Bureau of Protected Species Management Boat Facility Siting |
| 750 | Guide, dated August 2000, into the coastal management or land |
| 751 | use element of its comprehensive plan. The adoption of boating |
| 752 | facility siting plans or policies into the comprehensive plan is |
| 753 | exempt from the provisions of s. 163.3187(1). Any waterport or |
| 754 | marina development within the municipalities or counties with |
| 755 | boating facility siting plans or policies that meet the above |
| 756 | criteria, adopted prior to April 1, 2006 2002, are exempt from |
| 757 | the provisions of this section, when their boating facility |
| 758 | siting plan or policy is adopted as part of the relevant local |
| 759 | government's comprehensive plan. |
| 760 | 2. Within 6 months of the effective date of this law, the |
| 761 | Department of Community Affairs, in conjunction with the |
| 762 | Department of Environmental Protection and the Florida Fish and |
| 763 | Wildlife Conservation Commission, shall provide technical |
| 764 | assistance and guidelines, including model plans, policies and |
| 765 | criteria to local governments for the development of their |
| 766 | siting plans. |
| 767 | (l) Any proposed development within an urban service |
| 768 | boundary established under s. 163.3177(14) is exempt from the |
| 769 | provisions of this section if the local government having |
| 770 | jurisdiction over the area where the development is proposed has |
| 771 | adopted the urban service boundary and has entered into a |
| 772 | binding agreement with contiguous adjacent jurisdictions and the |
| 773 | Department of Transportation regarding the mitigation of impacts |
| 774 | on state and regional transportation facilities, and has adopted |
| 775 | a proportionate share methodology pursuant to s. 163.3180(16). |
| 776 | If the binding agreement is not entered into within 12 months |
| 777 | after the establishment of the urban service boundary, the |
| 778 | Department of Transportation shall adopt within 90 days a |
| 779 | reasonable impact-mitigation plan that is applicable in lieu of |
| 780 | the binding agreement. |
| 781 | (m) Any proposed development within a rural land |
| 782 | stewardship area created under s. 163.3177(11)(d) is exempt from |
| 783 | the provisions of this section if the local government that has |
| 784 | adopted the rural land stewardship area has entered into a |
| 785 | binding agreement with jurisdictions that would be impacted and |
| 786 | the Department of Transportation regarding the mitigation of |
| 787 | impacts on state and regional transportation facilities, and has |
| 788 | adopted a proportionate share methodology pursuant to s. |
| 789 | 163.3180(16). |
| 790 | (n) Any proposed development or redevelopment within an |
| 791 | area designated as an urban infill and redevelopment area under |
| 792 | s. 163.2517 is exempt from the provisions of this section if the |
| 793 | local government has entered into a binding agreement with |
| 794 | jurisdictions that would be impacted and the Department of |
| 795 | Transportation regarding the mitigation of impacts on state and |
| 796 | regional transportation facilities, and has adopted a |
| 797 | proportionate share methodology pursuant to s. 163.3180(16). |
| 798 | (o) The establishment, relocation, or expansion of any |
| 799 | military installation as defined in s. 163.3175, is exempt from |
| 800 | this section. |
| 801 | (p) Any self-storage warehousing that does not allow |
| 802 | retail or other services is exempt from the provisions of this |
| 803 | section. |
| 804 | (q) Any proposed nursing home or assisted living facility |
| 805 | is exempt from the provisions of this section. |
| 806 | (r) Any development identified in an airport master plan |
| 807 | and adopted into the comprehensive plan pursuant to s. |
| 808 | 163.3177(6)(k) is exempt from the provisions of this section. |
| 809 | (s) Any development identified in a campus master plan and |
| 810 | adopted pursuant to s. 1013.30 is exempt from the provisions of |
| 811 | this section. |
| 812 | (t) Any development in a specific area plan which is |
| 813 | prepared pursuant to s. 163.3245 and adopted into the |
| 814 | comprehensive plan is exempt from the provisions of this |
| 815 | section. |
| 816 | (u) Any development in an area granted an exception from |
| 817 | the concurrency requirements for transportation facilities which |
| 818 | has met the requirements of s. 163.3180(5)(b)-(g), including the |
| 819 | requirement for proportionate fair-share mitigation for |
| 820 | transportation facilities, and which has been adopted into the |
| 821 | comprehensive plan is exempt from the provisions of this |
| 822 | section. |
| 823 |
|
| 824 | If a use is exempt from review as a development of regional |
| 825 | impact under subparagraphs (a)-(u) but will be part of a larger |
| 826 | project that is subject to review as a development of regional |
| 827 | impact, the impact of the exempt use must be included in the |
| 828 | review of the larger project. |
| 829 | Section 2. Subsections (3) and (4) of section 380.0651, |
| 830 | Florida Statutes, are amended to read: |
| 831 | 380.0651 Statewide guidelines and standards.-- |
| 832 | (3) The following statewide guidelines and standards shall |
| 833 | be applied in the manner described in s. 380.06(2) to determine |
| 834 | whether the following developments shall be required to undergo |
| 835 | development-of-regional-impact review: |
| 836 | (a) Airports.-- |
| 837 | 1. Any of the following airport construction projects |
| 838 | shall be a development of regional impact unless exempt under s. |
| 839 | 380.06(24): |
| 840 | a. A new commercial service or general aviation airport |
| 841 | with paved runways. |
| 842 | b. A new commercial service or general aviation paved |
| 843 | runway. |
| 844 | c. A new passenger terminal facility. |
| 845 | 2. Lengthening of an existing runway by 25 percent or an |
| 846 | increase in the number of gates by 25 percent or three gates, |
| 847 | whichever is greater, on a commercial service airport or a |
| 848 | general aviation airport with regularly scheduled flights is a |
| 849 | development of regional impact. However, expansion of existing |
| 850 | terminal facilities at a nonhub or small hub commercial service |
| 851 | airport shall not be a development of regional impact. |
| 852 | 3. Any airport development project which is proposed for |
| 853 | safety, repair, or maintenance reasons alone and would not have |
| 854 | the potential to increase or change existing types of aircraft |
| 855 | activity is not a development of regional impact. |
| 856 | Notwithstanding subparagraphs 1. and 2., renovation, |
| 857 | modernization, or replacement of airport airside or terminal |
| 858 | facilities that may include increases in square footage of such |
| 859 | facilities but does not increase the number of gates or change |
| 860 | the existing types of aircraft activity is not a development of |
| 861 | regional impact. |
| 862 | (b) Attractions and recreation facilities.--Any sports, |
| 863 | entertainment, amusement, or recreation facility, including, but |
| 864 | not limited to, a sports arena, stadium, racetrack, tourist |
| 865 | attraction, amusement park, or pari-mutuel facility, the |
| 866 | construction or expansion of which: |
| 867 | 1. For single performance facilities: |
| 868 | a. Provides parking spaces for more than 2,500 cars; or |
| 869 | b. Provides more than 10,000 permanent seats for |
| 870 | spectators. |
| 871 | 2. For serial performance facilities: |
| 872 | a. Provides parking spaces for more than 1,000 cars; or |
| 873 | b. Provides more than 4,000 permanent seats for |
| 874 | spectators. |
| 875 |
|
| 876 | For purposes of this subsection, "serial performance facilities" |
| 877 | means those using their parking areas or permanent seating more |
| 878 | than one time per day on a regular or continuous basis. |
| 879 | 3. For multiscreen movie theaters of at least 8 screens |
| 880 | and 2,500 seats: |
| 881 | a. Provides parking spaces for more than 1,500 cars; or |
| 882 | b. Provides more than 6,000 permanent seats for |
| 883 | spectators. |
| 884 | (b)(c) Industrial plants, industrial parks, and |
| 885 | distribution, warehousing or wholesaling facilities.--Any |
| 886 | proposed industrial, manufacturing, or processing plant, or |
| 887 | distribution, warehousing, or wholesaling facility, excluding |
| 888 | wholesaling developments which deal primarily with the general |
| 889 | public onsite, under common ownership, or any proposed |
| 890 | industrial, manufacturing, or processing activity or |
| 891 | distribution, warehousing, or wholesaling activity, excluding |
| 892 | wholesaling activities which deal primarily with the general |
| 893 | public onsite, which: |
| 894 | 1. Provides parking for more than 2,500 motor vehicles; or |
| 895 | 2. Occupies a site greater than 320 acres. |
| 896 | (c)(d) Office development.--Any proposed office building |
| 897 | or park operated under common ownership, development plan, or |
| 898 | management that: |
| 899 | 1. Encompasses 300,000 or more square feet of gross floor |
| 900 | area; or |
| 901 | 2. Encompasses more than 600,000 square feet of gross |
| 902 | floor area in a county with a population greater than 500,000 |
| 903 | and only in a geographic area specifically designated as highly |
| 904 | suitable for increased threshold intensity in the approved local |
| 905 | comprehensive plan and in the strategic regional policy plan. |
| 906 | (d)(e) Marinas Port facilities.--The proposed construction |
| 907 | of any waterport or marina is required to undergo |
| 908 | development-of-regional-impact review if it is, except one |
| 909 | designed for: |
| 910 | 1.a. The wet storage or mooring of more fewer than 150 |
| 911 | watercraft used exclusively for sport, pleasure, or commercial |
| 912 | fishing;, or |
| 913 | b. The dry storage of fewer than 200 watercraft used |
| 914 | exclusively for sport, pleasure, or commercial fishing, or |
| 915 | b.c. The wet or dry storage or mooring of more fewer than |
| 916 | 150 watercraft on or adjacent to an inland freshwater lake |
| 917 | except Lake Okeechobee or any lake that which has been |
| 918 | designated an Outstanding Florida Water., or |
| 919 | d. The wet or dry storage or mooring of fewer than 50 |
| 920 | watercraft of 40 feet in length or less of any type or purpose. |
| 921 | 2. The subthreshold exceptions to this paragraph's |
| 922 | requirements for development-of-regional-impact review do shall |
| 923 | not apply to any waterport or marina facility located within or |
| 924 | which serves physical development located within a coastal |
| 925 | barrier resource unit on an unbridged barrier island designated |
| 926 | pursuant to 16 U.S.C. s. 3501. |
| 927 |
|
| 928 | In addition to the foregoing, for projects for which no |
| 929 | environmental resource permit or sovereign submerged land lease |
| 930 | is required, the Department of Environmental Protection must |
| 931 | determine in writing that a proposed marina in excess of 75 10 |
| 932 | slips or storage spaces or a combination of the two is located |
| 933 | so that it will not adversely impact Outstanding Florida Waters |
| 934 | or Class II waters and will not contribute boat traffic in a |
| 935 | manner that will have an adverse impact on an area known to be, |
| 936 | or likely to be, frequented by manatees. If the Department of |
| 937 | Environmental Protection fails to issue its determination within |
| 938 | 45 days after of receipt of a formal written request, it has |
| 939 | waived its authority to make such determination. The Department |
| 940 | of Environmental Protection determination shall constitute final |
| 941 | agency action pursuant to chapter 120. |
| 942 | 2. The dry storage of fewer than 300 watercraft used |
| 943 | exclusively for sport, pleasure, or commercial fishing at a |
| 944 | marina constructed and in operation prior to July 1, 1985. |
| 945 | 3. Any proposed marina development with both wet and dry |
| 946 | mooring or storage used exclusively for sport, pleasure, or |
| 947 | commercial fishing, where the sum of percentages of the |
| 948 | applicable wet and dry mooring or storage thresholds equals 100 |
| 949 | percent. This threshold is in addition to, and does not |
| 950 | preclude, a development from being required to undergo |
| 951 | development-of-regional-impact review under sub-subparagraphs |
| 952 | 1.a. and b. and subparagraph 2. |
| 953 | (e)(f) Retail and service development.--Any proposed |
| 954 | retail, service, or wholesale business establishment or group of |
| 955 | establishments which deals primarily with the general public |
| 956 | onsite, operated under one common property ownership, |
| 957 | development plan, or management that: |
| 958 | 1. Encompasses more than 400,000 square feet of gross |
| 959 | area; or |
| 960 | 2. Provides parking spaces for more than 2,500 cars. |
| 961 | (f)(g) Hotel or motel development.-- |
| 962 | 1. Any proposed hotel or motel development that is planned |
| 963 | to create or accommodate 350 or more units; or |
| 964 | 2. Any proposed hotel or motel development that is planned |
| 965 | to create or accommodate 750 or more units, in a county with a |
| 966 | population greater than 500,000, and only in a geographic area |
| 967 | specifically designated as highly suitable for increased |
| 968 | threshold intensity in the approved local comprehensive plan and |
| 969 | in the strategic regional policy plan. |
| 970 | (g)(h) Recreational vehicle development.--Any proposed |
| 971 | recreational vehicle development planned to create or |
| 972 | accommodate 500 or more spaces. |
| 973 | (h)(i) Multiuse development.--Any proposed development |
| 974 | with two or more land uses where the sum of the percentages of |
| 975 | the appropriate thresholds identified in chapter 28-24, Florida |
| 976 | Administrative Code, or this section for each land use in the |
| 977 | development is equal to or greater than 145 percent. Any |
| 978 | proposed development with three or more land uses, one of which |
| 979 | is residential and contains at least 100 dwelling units or 15 |
| 980 | percent of the applicable residential threshold, whichever is |
| 981 | greater, where the sum of the percentages of the appropriate |
| 982 | thresholds identified in chapter 28-24, Florida Administrative |
| 983 | Code, or this section for each land use in the development is |
| 984 | equal to or greater than 160 percent. This threshold is in |
| 985 | addition to, and does not preclude, a development from being |
| 986 | required to undergo development-of-regional-impact review under |
| 987 | any other threshold. |
| 988 | (i)(j) Residential development.--No rule may be adopted |
| 989 | concerning residential developments which treats a residential |
| 990 | development in one county as being located in a less populated |
| 991 | adjacent county unless more than 25 percent of the development |
| 992 | is located within 2 or less miles of the less populated adjacent |
| 993 | county. |
| 994 | (k) Schools.-- |
| 995 | 1. The proposed construction of any public, private, or |
| 996 | proprietary postsecondary educational campus which provides for |
| 997 | a design population of more than 5,000 full-time equivalent |
| 998 | students, or the proposed physical expansion of any public, |
| 999 | private, or proprietary postsecondary educational campus having |
| 1000 | such a design population that would increase the population by |
| 1001 | at least 20 percent of the design population. |
| 1002 | 2. As used in this paragraph, "full-time equivalent |
| 1003 | student" means enrollment for 15 or more quarter hours during a |
| 1004 | single academic semester. In career centers or other |
| 1005 | institutions which do not employ semester hours or quarter hours |
| 1006 | in accounting for student participation, enrollment for 18 |
| 1007 | contact hours shall be considered equivalent to one quarter |
| 1008 | hour, and enrollment for 27 contact hours shall be considered |
| 1009 | equivalent to one semester hour. |
| 1010 | 3. This paragraph does not apply to institutions which are |
| 1011 | the subject of a campus master plan adopted by the university |
| 1012 | board of trustees pursuant to s. 1013.30. |
| 1013 | (4) Two or more developments, represented by their owners |
| 1014 | or developers to be separate developments, shall be aggregated |
| 1015 | and treated as a single development under this chapter when they |
| 1016 | are determined to be part of a unified plan of development and |
| 1017 | are physically proximate to one other. |
| 1018 | (a) The criteria of two of the following subparagraphs |
| 1019 | must be met in order for the state land planning agency to |
| 1020 | determine that there is a unified plan of development: |
| 1021 | 1.a. The same person has retained or shared control of the |
| 1022 | developments; |
| 1023 | b. The same person has ownership or a significant legal or |
| 1024 | equitable interest in the developments; or |
| 1025 | c. There is common management of the developments |
| 1026 | controlling the form of physical development or disposition of |
| 1027 | parcels of the development. |
| 1028 | 2. There is a reasonable closeness in time between the |
| 1029 | completion of 80 percent or less of one development and the |
| 1030 | submission to a governmental agency of a master plan or series |
| 1031 | of plans or drawings for the other development which is |
| 1032 | indicative of a common development effort. |
| 1033 | 3. A master plan or series of plans or drawings exists |
| 1034 | covering the developments sought to be aggregated which have |
| 1035 | been submitted to a local general-purpose government, water |
| 1036 | management district, the Florida Department of Environmental |
| 1037 | Protection, or the Division of Florida Land Sales, Condominiums, |
| 1038 | and Mobile Homes for authorization to commence development. The |
| 1039 | existence or implementation of a utility's master utility plan |
| 1040 | required by the Public Service Commission or general-purpose |
| 1041 | local government or a master drainage plan shall not be the sole |
| 1042 | determinant of the existence of a master plan. |
| 1043 | 4. The voluntary sharing of infrastructure that is |
| 1044 | indicative of a common development effort or is designated |
| 1045 | specifically to accommodate the developments sought to be |
| 1046 | aggregated, except that which was implemented because it was |
| 1047 | required by a local general-purpose government; water management |
| 1048 | district; the Department of Environmental Protection; the |
| 1049 | Division of Florida Land Sales, Condominiums, and Mobile Homes; |
| 1050 | or the Public Service Commission. |
| 1051 | 5. There is a common advertising scheme or promotional |
| 1052 | plan in effect for the developments sought to be aggregated. |
| 1053 | (b) The following activities or circumstances shall not be |
| 1054 | considered in determining whether to aggregate two or more |
| 1055 | developments: |
| 1056 | 1. Activities undertaken leading to the adoption or |
| 1057 | amendment of any comprehensive plan element described in part II |
| 1058 | of chapter 163. |
| 1059 | 2. The sale of unimproved parcels of land, where the |
| 1060 | seller does not retain significant control of the future |
| 1061 | development of the parcels. |
| 1062 | 3. The fact that the same lender has a financial interest, |
| 1063 | including one acquired through foreclosure, in two or more |
| 1064 | parcels, so long as the lender is not an active participant in |
| 1065 | the planning, management, or development of the parcels in which |
| 1066 | it has an interest. |
| 1067 | 4. Drainage improvements that are not designed to |
| 1068 | accommodate the types of development listed in the guidelines |
| 1069 | and standards contained in or adopted pursuant to this chapter |
| 1070 | or which are not designed specifically to accommodate the |
| 1071 | developments sought to be aggregated. |
| 1072 | (c) Aggregation is not applicable when the following |
| 1073 | circumstances and provisions of this chapter are applicable: |
| 1074 | 1. Developments that which are otherwise subject to |
| 1075 | aggregation with a development of regional impact that which has |
| 1076 | received approval through the issuance of a final development |
| 1077 | order may shall not be aggregated with the approved development |
| 1078 | of regional impact. However, nothing contained in this |
| 1079 | subparagraph does not shall preclude the state land planning |
| 1080 | agency from evaluating an allegedly separate development as a |
| 1081 | substantial deviation pursuant to s. 380.06(19) or as an |
| 1082 | independent development of regional impact and, if so, the |
| 1083 | impacts of the independent developments of regional impact may |
| 1084 | not be considered cumulatively. |
| 1085 | 2. Two or more developments, each of which is |
| 1086 | independently a development of regional impact that has or will |
| 1087 | obtain a development order pursuant to s. 380.06. |
| 1088 | 3. Completion of any development that has been vested |
| 1089 | pursuant to s. 380.05 or s. 380.06, including vested rights |
| 1090 | arising out of agreements entered into with the state land |
| 1091 | planning agency for purposes of resolving vested rights issues. |
| 1092 | Development-of-regional-impact review of additions to vested |
| 1093 | developments of regional impact shall not include review of the |
| 1094 | impacts resulting from the vested portions of the development. |
| 1095 | 4. The developments sought to be aggregated were |
| 1096 | authorized to commence development prior to September 1, 1988, |
| 1097 | and could not have been required to be aggregated under the law |
| 1098 | existing prior to that date. |
| 1099 | (d) The provisions of this subsection shall be applied |
| 1100 | prospectively from September 1, 1988. Written decisions, |
| 1101 | agreements, and binding letters of interpretation made or issued |
| 1102 | by the state land planning agency prior to July 1, 1988, shall |
| 1103 | not be affected by this subsection. |
| 1104 | (e) In order to encourage developers to design, finance, |
| 1105 | donate, or build infrastructure, public facilities, or services, |
| 1106 | the state land planning agency may enter into binding agreements |
| 1107 | with two or more developers providing that the joint planning, |
| 1108 | sharing, or use of specified public infrastructure, facilities, |
| 1109 | or services by the developers shall not be considered in any |
| 1110 | subsequent determination of whether a unified plan of |
| 1111 | development exists for their developments. Such binding |
| 1112 | agreements may authorize the developers to pool impact fees or |
| 1113 | impact-fee credits, or to enter into front-end agreements, or |
| 1114 | other financing arrangements by which they collectively agree to |
| 1115 | design, finance, donate, or build such public infrastructure, |
| 1116 | facilities, or services. Such agreements shall be conditioned |
| 1117 | upon a subsequent determination by the appropriate local |
| 1118 | government of consistency with the approved local government |
| 1119 | comprehensive plan and land development regulations. |
| 1120 | Additionally, the developers must demonstrate that the provision |
| 1121 | and sharing of public infrastructure, facilities, or services is |
| 1122 | in the public interest and not merely for the benefit of the |
| 1123 | developments which are the subject of the agreement. |
| 1124 | Developments that are the subject of an agreement pursuant to |
| 1125 | this paragraph shall be aggregated if the state land planning |
| 1126 | agency determines that sufficient aggregation factors are |
| 1127 | present to require aggregation without considering the design |
| 1128 | features, financial arrangements, donations, or construction |
| 1129 | that are specified in and required by the agreement. |
| 1130 | (f) The state land planning agency has authority to adopt |
| 1131 | rules pursuant to ss. 120.536(1) and 120.54 to implement the |
| 1132 | provisions of this subsection. |
| 1133 | Section 3. Subsection (7) is added to section 380.07, |
| 1134 | Florida Statutes, to read: |
| 1135 | 380.07 Florida Land and Water Adjudicatory Commission.-- |
| 1136 | (7) Notwithstanding any other provision of law, s. |
| 1137 | 163.3215 is the sole mechanism for challenging the consistency |
| 1138 | of a development order issued under this chapter with the local |
| 1139 | government comprehensive plan. The Department of Community |
| 1140 | Affairs has standing to initiate an action under s. 163.3215 to |
| 1141 | determine the consistency of a development-of-regional-impact |
| 1142 | development order with the local government comprehensive plan |
| 1143 | and for no other purpose. |
| 1144 | Section 4. Section 380.115, Florida Statutes, is amended |
| 1145 | to read: |
| 1146 | 380.115 Vested rights and duties; effect of size |
| 1147 | reduction, changes in guidelines and standards chs. 2002-20 and |
| 1148 | 2002-296.-- |
| 1149 | (1) A change in a development-of-regional-impact guideline |
| 1150 | and standard does not abridge Nothing contained in this act |
| 1151 | abridges or modify modifies any vested or other right or any |
| 1152 | duty or obligation pursuant to any development order or |
| 1153 | agreement that is applicable to a development of regional impact |
| 1154 | on the effective date of this act. A development that has |
| 1155 | received a development-of-regional-impact development order |
| 1156 | pursuant to s. 380.06, but is no longer required to undergo |
| 1157 | development-of-regional-impact review by operation of a change |
| 1158 | in the guidelines and standards or has reduced its size below |
| 1159 | the thresholds in s. 380.0651 of this act, shall be governed by |
| 1160 | the following procedures: |
| 1161 | (a) The development shall continue to be governed by the |
| 1162 | development-of-regional-impact development order and may be |
| 1163 | completed in reliance upon and pursuant to the development order |
| 1164 | unless the developer or landowner has followed the procedures |
| 1165 | for rescission in paragraph (b). The development-of-regional- |
| 1166 | impact development order may be enforced by the local government |
| 1167 | as provided by ss. 380.06(17) and 380.11. |
| 1168 | (b) If requested by the developer or landowner, the |
| 1169 | development-of-regional-impact development order shall may be |
| 1170 | rescinded by the local government having jurisdiction upon a |
| 1171 | showing that all required mitigation related to the amount of |
| 1172 | development that existed on the date of rescission has been |
| 1173 | completed abandoned pursuant to the process in s. 380.06(26). |
| 1174 | (2) A development with an application for development |
| 1175 | approval pending, and determined sufficient pursuant to s. |
| 1176 | 380.06 s. 380.06(10), on the effective date of a change to the |
| 1177 | guidelines and standards this act, or a notification of proposed |
| 1178 | change pending on the effective date of a change to the |
| 1179 | guidelines and standards this act, may elect to continue such |
| 1180 | review pursuant to s. 380.06. At the conclusion of the pending |
| 1181 | review, including any appeals pursuant to s. 380.07, the |
| 1182 | resulting development order shall be governed by the provisions |
| 1183 | of subsection (1). |
| 1184 | (3) A landowner that has filed an application for a |
| 1185 | development-of-regional-impact review prior to the adoption of |
| 1186 | an optional sector plan pursuant to s. 163.3245 may elect to |
| 1187 | have the application reviewed pursuant to s. 380.06, |
| 1188 | comprehensive plan provisions in force prior to adoption of the |
| 1189 | sector plan, and any requested comprehensive plan amendments |
| 1190 | that accompany the application. |
| 1191 | Section 5. Subsection (12) of section 163.3180, Florida |
| 1192 | Statutes, is amended to read: |
| 1193 | 163.3180 Concurrency.-- |
| 1194 | (12) When authorized by a local comprehensive plan, a |
| 1195 | multiuse development of regional impact may satisfy the |
| 1196 | transportation concurrency requirements of the local |
| 1197 | comprehensive plan, the local government's concurrency |
| 1198 | management system, and s. 380.06 by payment of a proportionate- |
| 1199 | share contribution for local and regionally significant traffic |
| 1200 | impacts, if: |
| 1201 | (a) The development of regional impact meets or exceeds |
| 1202 | the guidelines and standards of s. 380.0651(3)(h) s. |
| 1203 | 380.0651(3)(i) and rule 28-24.032(2), Florida Administrative |
| 1204 | Code, and includes a residential component that contains at |
| 1205 | least 100 residential dwelling units or 15 percent of the |
| 1206 | applicable residential guideline and standard, whichever is |
| 1207 | greater; |
| 1208 | (b) The development of regional impact contains an |
| 1209 | integrated mix of land uses and is designed to encourage |
| 1210 | pedestrian or other nonautomotive modes of transportation; |
| 1211 | (c) The proportionate-share contribution for local and |
| 1212 | regionally significant traffic impacts is sufficient to pay for |
| 1213 | one or more required improvements that will benefit a regionally |
| 1214 | significant transportation facility; |
| 1215 | (d) The owner and developer of the development of regional |
| 1216 | impact pays or assures payment of the proportionate-share |
| 1217 | contribution; and |
| 1218 | (e) If the regionally significant transportation facility |
| 1219 | to be constructed or improved is under the maintenance authority |
| 1220 | of a governmental entity, as defined by s. 334.03(12), other |
| 1221 | than the local government with jurisdiction over the development |
| 1222 | of regional impact, the developer is required to enter into a |
| 1223 | binding and legally enforceable commitment to transfer funds to |
| 1224 | the governmental entity having maintenance authority or to |
| 1225 | otherwise assure construction or improvement of the facility. |
| 1226 |
|
| 1227 | The proportionate-share contribution may be applied to any |
| 1228 | transportation facility to satisfy the provisions of this |
| 1229 | subsection and the local comprehensive plan, but, for the |
| 1230 | purposes of this subsection, the amount of the proportionate- |
| 1231 | share contribution shall be calculated based upon the cumulative |
| 1232 | number of trips from the proposed development expected to reach |
| 1233 | roadways during the peak hour from the complete buildout of a |
| 1234 | stage or phase being approved, divided by the change in the peak |
| 1235 | hour maximum service volume of roadways resulting from |
| 1236 | construction of an improvement necessary to maintain the adopted |
| 1237 | level of service, multiplied by the construction cost, at the |
| 1238 | time of developer payment, of the improvement necessary to |
| 1239 | maintain the adopted level of service. For purposes of this |
| 1240 | subsection, "construction cost" includes all associated costs of |
| 1241 | the improvement. |
| 1242 | Section 6. Subsection (21) of section 331.303, Florida |
| 1243 | Statutes, is amended to read: |
| 1244 | 331.303 Definitions.-- |
| 1245 | (21) "Spaceport launch facilities" shall be defined as |
| 1246 | industrial facilities in accordance with s. 380.0651(3)(b) s. |
| 1247 | 380.0651(3)(c) and include any launch pad, launch control |
| 1248 | center, and fixed launch-support equipment. |
| 1249 | Section 7. This act shall take effect July 1, 2006. |