HB 683

1
A bill to be entitled
2An act relating to developments of regional impact;
3amending s. 380.06, F.S.; conforming a cross-reference;
4requiring the state land planning agency to initiate
5rulemaking by a specific date to revise the development-
6of-regional-impact review process; requiring a local
7government to issue development orders concurrently with
8comprehensive plan amendments; specifying certain
9requirements for a development order; prohibiting a local
10government from issuing permits for development subsequent
11to the buildout date; revising the circumstances in which
12a local government may issue subsequent permits for
13development; revising the definition of an essentially
14built-out development; prohibiting the suspension of a
15development order for failure to submit a biennial report
16under certain circumstances; revising the criteria under
17which a proposed change is presumed to create a
18substantial deviation; requiring that notice of certain
19changes be given to the state land planning agency,
20regional planning agency, and local government; requiring
21that a memorandum of notice of certain changes be filed
22with the clerk of court; revising the period of time for
23notice and a public hearing after a change to a
24development order has been submitted; revising the
25requirement for further development-of-regional-impact
26review of a proposed change; revising the statutory
27exemptions for the development of certain facilities;
28providing statutory exemptions for the development of
29certain facilities; providing that the impacts from a use
30that will be part of a larger project be included in the
31development-of-regional-impact review of the larger
32project; amending s. 380.0651, F.S.; removing the
33application of statewide guidelines and standards for
34development-of-regional-impact review to the construction
35of certain attractions and recreation facilities; revising
36the statewide guidelines and standards for development-of-
37regional-impact review of the construction of certain
38marinas; removing the application of statewide guidelines
39and standards for development-of-regional-impact review to
40the construction of certain schools; prohibiting the state
41land planning agency from considering an impact of an
42independent development of regional impact cumulatively
43under certain circumstances; amending s. 380.07, F.S.;
44providing a mechanism for challenging the consistency of a
45development order with a local government comprehensive
46plan; providing that the Department of Community Affairs
47has standing to initiate an action to determine the
48consistency of a development order with a local government
49comprehensive plan; amending s. 380.115, F.S.; providing
50that a change in a development-of-regional-impact
51guideline and standard does not abridge or modify any
52vested right or duty under a development order; amending
53ss. 163.3180 and 331.303, F.S.; conforming cross-
54references; providing an effective date.
55
56Be It Enacted by the Legislature of the State of Florida:
57
58     Section 1.  Paragraph (d) of subsection (2), paragraph (b)
59of subsection (7), and subsections (15), (18), (19), and (24) of
60section 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
64follows:
65     1.  Fixed thresholds.--
66     a.  A development that is below 100 percent of all
67numerical thresholds in the guidelines and standards shall not
68be required to undergo development-of-regional-impact review.
69     b.  A development that is at or above 120 percent of any
70numerical threshold shall be required to undergo development-of-
71regional-impact review.
72     c.  Projects certified under s. 403.973 which create at
73least 100 jobs and meet the criteria of the Office of Tourism,
74Trade, and Economic Development as to their impact on an area's
75economy, employment, and prevailing wage and skill levels that
76are at or below 100 percent of the numerical thresholds for
77industrial plants, industrial parks, distribution, warehousing
78or wholesaling facilities, office development or multiuse
79projects other than residential, as described in s.
80380.0651(3)(b), (c), and (h) 380.0651(3)(c), (d), and (i), are
81not required to undergo development-of-regional-impact review.
82     2.  Rebuttable presumption.--It shall be presumed that a
83development that is at 100 percent or between 100 and 120
84percent of a numerical threshold shall be required to undergo
85development-of-regional-impact review.
86     (7)  PREAPPLICATION PROCEDURES.--
87     (b)  The state land regional planning agency shall
88establish by rule a procedure by which a developer may enter
89into binding written agreements with the regional planning
90agency to eliminate questions from the application for
91development approval when those questions are found to be
92unnecessary for development-of-regional-impact review. By August
931, 2006, the department shall initiate rulemaking to revise the
94development-of-regional-impact review process. The department
95shall eliminate as many duplicative or unnecessary requirements
96and questions as possible; provide for the acceptability and use
97of data and information provided by the applicant for federal,
98state, or local government permits and authorizations required
99for the proposed development; and revise and streamline the
100application process for development approval in order to provide
101for a more efficient review of an application. It is the
102legislative intent of this subsection to encourage reduction of
103paperwork, to discourage unnecessary gathering of data, and to
104encourage the coordination of the development-of-regional-impact
105review process with federal, state, and local environmental
106reviews when such reviews are required by law.
107     (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
108     (a)  The appropriate local government shall render a
109decision on the application within 30 days after the hearing
110unless an extension is requested by the developer.
111     (b)  Unless otherwise requested by the applicant When
112possible, the local government governments shall issue
113development orders concurrently with comprehensive plan
114amendments and, when practicable, with any other local permits
115or development approvals that may be applicable to the proposed
116development.
117     (c)  The development order shall include findings of fact
118and conclusions of law consistent with subsections (13) and
119(14). The development order:
120     1.  Shall specify the monitoring procedures and the local
121official responsible for assuring compliance by the developer
122with the development order.
123     2.  Shall establish compliance dates for the development
124order, including a deadline for commencing physical development
125and for compliance with conditions of approval or phasing
126requirements, and shall include a buildout termination date that
127reasonably reflects the time anticipated required to complete
128the development.
129     3.  Shall establish a date until which the local government
130agrees that the approved development of regional impact shall
131not be subject to downzoning, unit density reduction, or
132intensity reduction, unless the local government can demonstrate
133that substantial changes in the conditions underlying the
134approval of the development order have occurred or the
135development order was based on substantially inaccurate
136information provided by the developer or that the change is
137clearly established by local government to be essential to the
138public health, safety, or welfare. The date established pursuant
139to this subparagraph shall be no sooner than the buildout date
140of the project.
141     4.  Shall specify the requirements for the biennial report
142designated under subsection (18), including the date of
143submission, parties to whom the report is submitted, and
144contents of the report, based upon the rules adopted by the
145state land planning agency.  Such rules shall specify the scope
146of any additional local requirements that may be necessary for
147the report.
148     5.  Shall May specify the types of changes, if any, to the
149development which shall require submission for a substantial
150deviation determination or a notice of proposed change under
151subsection (19).
152     6.  Shall include a legal description of the property.
153     (d)  Conditions of a development order that require a
154developer to contribute land for a public facility or construct,
155expand, or pay for land acquisition or construction or expansion
156of a public facility, or portion thereof, shall meet the
157following criteria:
158     1.  The need to construct new facilities or add to the
159present system of public facilities must be reasonably
160attributable to the proposed development.
161     2.  Any contribution of funds, land, or public facilities
162required from the developer shall be comparable to the amount of
163funds, land, or public facilities that the state or the local
164government would reasonably expect to expend or provide, based
165on projected costs of comparable projects, to mitigate the
166impacts reasonably attributable to the proposed development.
167     3.  Any funds or lands contributed must be expressly
168designated and used to mitigate impacts reasonably attributable
169to the proposed development.
170     4.  Construction or expansion of a public facility by a
171nongovernmental developer as a condition of a development order
172to mitigate the impacts reasonably attributable to the proposed
173development is not subject to competitive bidding or competitive
174negotiation for selection of a contractor or design professional
175for any part of the construction or design unless required by
176the local government that issues the development order.
177     (e)1.  Effective July 1, 1986, A local government shall not
178include, as a development order condition for a development of
179regional impact, any requirement that a developer contribute or
180pay for land acquisition or construction or expansion of public
181facilities or portions thereof unless the local government has
182enacted a local ordinance which requires other development not
183subject to this section to contribute its proportionate share of
184the funds, land, or public facilities necessary to accommodate
185any impacts having a rational nexus to the proposed development,
186and the need to construct new facilities or add to the present
187system of public facilities must be reasonably attributable to
188the proposed development.
189     2.  A local government shall not approve a development of
190regional impact that does not make adequate provision for the
191public facilities needed to accommodate the impacts of the
192proposed development unless the local government includes in the
193development order a commitment by the local government to
194provide these facilities consistently with the development
195schedule approved in the development order; however, a local
196government's failure to meet the requirements of subparagraph 1.
197and this subparagraph shall not preclude the issuance of a
198development order where adequate provision is made by the
199developer for the public facilities needed to accommodate the
200impacts of the proposed development. Any funds or lands
201contributed by a developer must be expressly designated and used
202to accommodate impacts reasonably attributable to the proposed
203development.
204     3.  The Department of Community Affairs and other state and
205regional agencies involved in the administration and
206implementation of this act shall cooperate and work with units
207of local government in preparing and adopting local impact fee
208and other contribution ordinances.
209     (f)  Notice of the adoption of a development order or the
210subsequent amendments to an adopted development order shall be
211recorded by the developer, in accordance with s. 28.222, with
212the clerk of the circuit court for each county in which the
213development is located.  The notice shall include a legal
214description of the property covered by the order and shall state
215which unit of local government adopted the development order,
216the date of adoption, the date of adoption of any amendments to
217the development order, the location where the adopted order with
218any amendments may be examined, and that the development order
219constitutes a land development regulation applicable to the
220property. The recording of this notice shall not constitute a
221lien, cloud, or encumbrance on real property, or actual or
222constructive notice of any such lien, cloud, or encumbrance.  
223This paragraph applies only to developments initially approved
224under this section after July 1, 1980.
225     (g)  A local government may shall not issue permits for
226development subsequent to the buildout termination date or
227expiration date contained in the development order if unless:
228     1.  The proposed development has been evaluated
229cumulatively with existing development under the substantial
230deviation provisions of subsection (19) subsequent to the
231termination or expiration date;
232     1.2.  The proposed development is consistent with an
233abandonment of development order that has been issued in
234accordance with the provisions of subsection (26); or
235     2.  The proposed development has satisfied the mitigation
236requirements in the development order and meets the requirements
237of sub-sub-subparagraph 3.b.(I); or
238     3.  The project has been determined to be an essentially
239built-out development of regional impact through an agreement
240executed by the developer, the state land planning agency, and
241the local government, in accordance with s. 380.032, which will
242establish the terms and conditions under which the development
243may be continued. If the project is determined to be essentially
244built-out, development may proceed pursuant to the s. 380.032
245agreement after the termination or expiration date contained in
246the development order without further development-of-regional-
247impact review subject to the local government comprehensive plan
248and land development regulations or subject to a modified
249development-of-regional-impact analysis. As used in this
250paragraph, an "essentially built-out" development of regional
251impact means:
252     a.  The development is in compliance with all applicable
253terms and conditions of the development order except the built-
254out date; and
255     b.(I)  The amount of development that remains to be built
256is less than 20 percent of the development approved by the
257original development order but not more than the applicable
258development-of-regional-impact threshold. Development may also
259be considered essentially built-out if all the infrastructure
260and horizontal development for the project has been completed
261and more than 80 percent of the parcels have been conveyed to
262third-party buyers, including builders and individual lot owners
263the substantial deviation threshold specified in paragraph
264(19)(b) for each individual land use category, or, for a
265multiuse development, the sum total of all unbuilt land uses as
266a percentage of the applicable substantial deviation threshold
267is equal to or less than 100 percent; or
268     (II)  The state land planning agency and the local
269government have agreed in writing that the amount of development
270to be built does not create the likelihood of any additional
271regional impact not previously reviewed.
272     (h)  If the property is annexed by another local
273jurisdiction, the annexing jurisdiction shall adopt a new
274development order that incorporates all previous rights and
275obligations specified in the prior development order.
276     (18)  BIENNIAL REPORTS.--The developer shall submit a
277biennial report on the development of regional impact to the
278local government, the regional planning agency, the state land
279planning agency, and all affected permit agencies in alternate
280years on the date specified in the development order, unless the
281development order by its terms requires more frequent
282monitoring. If the report is not received, the regional planning
283agency or the state land planning agency shall notify the local
284government. If the local government does not receive the report
285or receives notification that the regional planning agency or
286the state land planning agency has not received the report, the
287local government shall request in writing that the developer
288submit the report within 30 days. The failure to submit the
289report after 30 days shall result in the temporary suspension of
290the development order applicable to the property remaining to be
291developed by the party failing to submit the report. If other
292developers within a development of regional impact are in
293compliance with their reporting requirements, the development
294order as it relates to their property may not be suspended by
295the local government. If no additional development pursuant to
296the development order has occurred since the submission of the
297previous report, then a letter from the developer stating that
298no development has occurred shall satisfy the requirement for a
299report. Development orders that require annual reports shall may
300be amended to require biennial reports the next time they are
301amended at the option of the local government.
302     (19)  SUBSTANTIAL DEVIATIONS.--
303     (a)  Any proposed change to a previously approved
304development which creates an a reasonable likelihood of
305additional regional impact, or any type of regional impact
306created by the change not previously reviewed by the regional
307planning agency, shall constitute a substantial deviation and
308shall cause the proposed change development to be subject to
309further development-of-regional-impact review. There are a
310variety of reasons why a developer may wish to propose changes
311to an approved development of regional impact, including changed
312market conditions. The procedures set forth in this subsection
313are for that purpose.
314     (b)  Any proposed change to a previously approved
315development of regional impact or development order condition
316which, either individually or cumulatively with other changes,
317exceeds any of the following criteria shall be presumed to
318create constitute a substantial deviation and shall cause the
319development to be subject to further development-of-regional-
320impact review without the necessity for a finding of same by the
321local government:
322     1.  An increase in the number of parking spaces at an
323attraction or recreational facility by 10 5 percent or 500 300
324spaces, whichever is greater, or an increase in the number of
325spectators that may be accommodated at such a facility by 10 5
326percent or 1,000 spectators, whichever is greater.
327     2.  A new runway, a new terminal facility, a 25-percent
328lengthening of an existing runway, or a 25-percent increase in
329the number of gates of an existing terminal, but only if the
330increase adds at least three additional gates.
331     3.  An increase in the number of hospital beds by 5 percent
332or 60 beds, whichever is greater.
333     3.4.  An increase in industrial development area by 10 5
334percent or 64 32 acres, whichever is greater.
335     4.5.  An increase in the average annual acreage mined by 10
3365 percent or 20 10 acres, whichever is greater, or an increase
337in the average daily water consumption by a mining operation by
33810 5 percent or 600,000 300,000 gallons, whichever is greater.
339An increase in the size of the mine by 10 5 percent or 1,000 750
340acres, whichever is less. An increase in the size of a heavy
341mineral mine as defined in s. 378.403(7) will only constitute a
342substantial deviation if the average annual acreage mined is
343more than 500 acres and consumes more than 3 million gallons of
344water per day.
345     5.6.  An increase in land area for office development by 10
3465 percent or an increase of gross floor area of office
347development by 10 5 percent or 100,000 60,000 gross square feet,
348whichever is greater.
349     6.  An increase of development at a marina of 10 percent of
350wet storage or for 30 watercraft slips, whichever is greater, or
35120 percent of wet storage or 60 watercraft slips in an area
352identified by a local government in a boat facility siting plan
353as an appropriate site for additional marina development,
354whichever is greater.
355     7.  An increase in the storage capacity for chemical or
356petroleum storage facilities by 5 percent, 20,000 barrels, or 7
357million pounds, whichever is greater.
358     8.  An increase of development at a waterport of wet
359storage for 20 watercraft, dry storage for 30 watercraft, or
360wet/dry storage for 60 watercraft in an area identified in the
361state marina siting plan as an appropriate site for additional
362waterport development or a 5-percent increase in watercraft
363storage capacity, whichever is greater.
364     7.9.  An increase in the number of dwelling units by 10 5
365percent or 100 50 dwelling units, whichever is greater.
366     8.10.  An increase in commercial development by 100,000
36750,000 square feet of gross floor area or of parking spaces
368provided for customers for 600 300 cars or a 10-percent 5-
369percent increase of either of these, whichever is greater.
370     9.11.  An increase in hotel or motel rooms facility units
371by 10 5 percent or 100 rooms 75 units, whichever is greater.
372     10.12.  An increase in a recreational vehicle park area by
37310 5 percent or 100 vehicle spaces, whichever is less.
374     11.13.  A decrease in the area set aside for open space of
3755 percent or 20 acres, whichever is less.
376     12.14.  A proposed increase to an approved multiuse
377development of regional impact where the sum of the increases of
378each land use as a percentage of the applicable substantial
379deviation criteria is equal to or exceeds 120 100 percent. The
380percentage of any decrease in the amount of open space shall be
381treated as an increase for purposes of determining when 120 100
382percent has been reached or exceeded.
383     13.15.  A 20-percent 15-percent increase in the number of
384external vehicle trips generated by the development above that
385which was projected during the original development-of-regional-
386impact review. If the transportation mitigation identified in
387the adopted development order is based upon proportionate-share
388payments, an increase in the proportionate-share payment
389commensurate with the increase in external vehicle trips
390generated by the development is adequate to satisfy the
391obligation of the developer to rebut the presumption.
392     14.16.  Any change that which would result in development
393of any area which was specifically set aside in the application
394for development approval or in the development order for
395preservation or special protection of endangered or threatened
396plants or animals designated as endangered, threatened, or
397species of special concern and their habitat, primary dunes, or
398archaeological and historical sites designated as significant by
399the Division of Historical Resources of the Department of State.
400The further science-based refinement of such areas by survey, by
401habitat evaluation, by other recognized assessment methodology,
402or by an environmental assessment is not a substantial deviation
403shall be considered under sub-subparagraph (e)5.b.
404
405The substantial deviation numerical standards in subparagraphs
4063., 5., 8., 9., 12., and 13. 4., 6., 10., 14., excluding
407residential uses, and 15., are increased by 100 percent for a
408project certified under s. 403.973 which creates jobs and meets
409criteria established by the Office of Tourism, Trade, and
410Economic Development as to its impact on an area's economy,
411employment, and prevailing wage and skill levels. The
412substantial deviation numerical standards in subparagraphs 3.,
4135., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14. are
414increased by 50 percent for a project located wholly within an
415urban infill and redevelopment area designated on the applicable
416adopted local comprehensive plan future land use map and not
417located within the coastal high hazard area.
418     (c)  An extension of the date of buildout of a development,
419or any phase thereof, by more than 10 7 or more years shall be
420presumed to create a substantial deviation subject to further
421development-of-regional-impact review. An extension of the date
422of buildout, or any phase thereof, of 5 years or more but less
423than 7 years shall be presumed not to create a substantial
424deviation. The extension of the date of buildout of an areawide
425development of regional impact by more than 5 years but less
426than 10 years is presumed not to create a substantial deviation.
427This presumption These presumptions may be rebutted by clear and
428convincing evidence at the public hearing held by the local
429government. An extension of 7 years or less than 5 years is not
430a substantial deviation. For the purpose of calculating when a
431buildout or, phase, or termination date has been exceeded, the
432time shall be tolled during the pendency of administrative or
433judicial proceedings relating to development permits. Any
434extension of the buildout date of a project or a phase thereof
435shall automatically extend the commencement date of the project,
436the buildout date the termination date of the development order,
437the expiration date of the development of regional impact, and
438the phases thereof by a like period of time.
439     (d)  A change in the plan of development of an approved
440development of regional impact resulting from requirements
441imposed by the Department of Environmental Protection or any
442water management district created by s. 373.069 or any of their
443successor agencies or by any appropriate federal regulatory
444agency shall be submitted to the local government pursuant to
445this subsection. These changes do The change shall be presumed
446not to create a substantial deviation subject to further
447development-of-regional-impact review. In addition, if a change
448to a permit involving property within the development of
449regional impact is approved by the agencies with jurisdiction,
450the change does not create a substantial deviation. The
451presumption may be rebutted by clear and convincing evidence at
452the public hearing held by the local government.
453     (e)1.  Except for a development order rendered pursuant to
454subsection (22) or subsection (25), a proposed change to a
455development order that individually or cumulatively with any
456previous change is less than any numerical criterion contained
457in subparagraphs (b)1.-14. (b)1.-15. and does not exceed any
458other criterion, or that involves an extension of the buildout
459date of a development, or any phase thereof, of less than 7 5
460years is not subject to the public hearing requirements of
461subparagraph (f)3., and is not subject to a determination
462pursuant to subparagraph (f)5. Notice of the proposed change
463shall be made to the regional planning council and the state
464land planning agency. Such notice shall include a description of
465previous individual changes made to the development, including
466changes previously approved by the local government, and shall
467include appropriate amendments to the development order.
468     2.  The following changes, individually or cumulatively
469with any previous changes, are not substantial deviations:
470     a.  Changes in the name of the project, developer, owner,
471or monitoring official.
472     b.  Changes to a setback that do not affect noise buffers,
473environmental protection or mitigation areas, or archaeological
474or historical resources.
475     c.  Changes to minimum lot sizes.
476     d.  Changes in the configuration of internal roads that do
477not affect external access points.
478     e.  Changes to the building design or orientation that stay
479approximately within the approved area designated for such
480building and parking lot, and which do not affect historical
481buildings designated as significant by the Division of
482Historical Resources of the Department of State.
483     f.  Changes to increase the acreage in the development,
484provided that no development is proposed on the acreage to be
485added.
486     g.  Changes to eliminate an approved land use, provided
487that there are no additional regional impacts.
488     h.  Changes required to conform to permits approved by any
489federal, state, or regional permitting agency, provided that
490these changes do not create additional regional impacts.
491     i.  Any renovation or redevelopment of development within a
492previously approved development of regional impact which does
493not 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
497agrees in writing is similar in nature, impact, or character to
498the changes enumerated in sub-subparagraphs a.-k. a.-i. and
499which does not create the likelihood of any additional regional
500impact.
501
502This subsection does not require a development order amendment
503for any change listed in sub-subparagraphs a.-l. but shall
504require notice to the state land planning agency, the regional
505planning agency, and the local government. In addition, a
506memorandum of that notice shall be filed with the clerk of the
507circuit court along with a legal description of the affected
508development of regional impact. If a subsequent change requiring
509a substantial deviation determination is made to the development
510of regional impact, modifications to the development of regional
511impact made in all prior notices must be reflected as amendments
512to the development memorandum. a.-j. unless such issue is
513addressed either in the existing development order or in the
514application for development approval, but, in the case of the
515application, only if, and in the manner in which, the
516application is incorporated in the development order.
517     3.  Except for the change authorized by sub-subparagraph
5182.f., any addition of land not previously reviewed or any change
519not specified in paragraph (b) or paragraph (c) shall be
520presumed to create a substantial deviation. This presumption may
521be rebutted by clear and convincing evidence.
522     4.  Any submittal of a proposed change to a previously
523approved development shall include a description of individual
524changes previously made to the development, including changes
525previously approved by the local government. The local
526government shall consider the previous and current proposed
527changes in deciding whether such changes cumulatively constitute
528a substantial deviation requiring further development-of-
529regional-impact review.
530     5.  The following changes to an approved development of
531regional impact shall be presumed to create a substantial
532deviation. Such presumption may be rebutted by clear and
533convincing evidence.
534     a.  A change proposed for 15 percent or more of the acreage
535to a land use not previously approved in the development order.
536Changes of less than 15 percent shall be presumed not to create
537a 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
540of any area which was specifically set aside in the application
541for development approval or in the development order for
542preservation, buffers, or special protection, including habitat
543for plant and animal species, archaeological and historical
544sites, dunes, and other special areas.
545     c.  Notwithstanding any provision of paragraph (b) to the
546contrary, a proposed change consisting of simultaneous increases
547and decreases of at least two of the uses within an authorized
548multiuse development of regional impact which was originally
549approved 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
552rule standard forms for submittal of proposed changes to a
553previously approved development of regional impact which may
554require further development-of-regional-impact review. At a
555minimum, the standard form shall require the developer to
556provide the precise language that the developer proposes to
557delete or add as an amendment to the development order.
558     2.  The developer shall submit, simultaneously, to the
559local government, the regional planning agency, and the state
560land planning agency the request for approval of a proposed
561change.
562     3.  No sooner than 15 30 days but no later than 30 45 days
563after submittal by the developer to the local government, the
564state land planning agency, and the appropriate regional
565planning agency, the local government shall give 15 days' notice
566and schedule a public hearing to consider the change that the
567developer asserts does not create a substantial deviation. This
568public hearing shall be held within 60 90 days after submittal
569of the proposed changes, unless that time is extended by the
570developer.
571     4.  The appropriate regional planning agency or the state
572land planning agency shall review the proposed change and, no
573later than 30 45 days after submittal by the developer of the
574proposed change, unless that time is extended by the developer,
575and prior to the public hearing at which the proposed change is
576to be considered, shall advise the local government in writing
577whether it objects to the proposed change, shall specify the
578reasons for its objection, if any, and shall provide a copy to
579the developer.
580     5.  At the public hearing, the local government shall
581determine whether the proposed change requires further
582development-of-regional-impact review. The provisions of
583paragraphs (a) and (e), the thresholds set forth in paragraph
584(b), and the presumptions set forth in paragraphs (c) and (d)
585and subparagraph (e)3. shall be applicable in determining
586whether further development-of-regional-impact review is
587required.
588     6.  If the local government determines that the proposed
589change does not require further development-of-regional-impact
590review and is otherwise approved, or if the proposed change is
591not subject to a hearing and determination pursuant to
592subparagraphs 3. and 5. and is otherwise approved, the local
593government shall issue an amendment to the development order
594incorporating the approved change and conditions of approval
595relating to the change. The decision of the local government to
596approve, with or without conditions, or to deny the proposed
597change that the developer asserts does not require further
598review shall be subject to the appeal provisions of s. 380.07.
599However, the state land planning agency may not appeal the local
600government decision if it did not comply with subparagraph 4.
601The state land planning agency may not appeal a change to a
602development order made pursuant to subparagraph (e)1. or
603subparagraph (e)2. for developments of regional impact approved
604after January 1, 1980, unless the change would result in a
605significant impact to a regionally significant archaeological,
606historical, or natural resource not previously identified in the
607original development-of-regional-impact review.
608     (g)  If a proposed change requires further development-of-
609regional-impact review pursuant to this section, the review
610shall be conducted subject to the following additional
611conditions:
612     1.  The development-of-regional-impact review conducted by
613the appropriate regional planning agency shall address only
614those issues raised by the proposed change except as provided in
615subparagraph 2.
616     2.  The regional planning agency shall consider, and the
617local government shall determine whether to approve, approve
618with conditions, or deny the proposed change as it relates to
619the entire development. If the local government determines that
620the proposed change, as it relates to the entire development, is
621unacceptable, the local government shall deny the change.
622     3.  If the local government determines that the proposed
623change, as it relates to the entire development, should be
624approved, any new conditions in the amendment to the development
625order issued by the local government shall address only those
626issues raised by the proposed change and require mitigation only
627for the impacts of the proposed charge.
628     4.  Development within the previously approved development
629of regional impact may continue, as approved, during the
630development-of-regional-impact review in those portions of the
631development which are not directly affected by the proposed
632change.
633     (h)  When further development-of-regional-impact review is
634required because a substantial deviation has been determined or
635admitted by the developer, the amendment to the development
636order issued by the local government shall be consistent with
637the requirements of subsection (15) and shall be subject to the
638hearing and appeal provisions of s. 380.07. The state land
639planning agency or the appropriate regional planning agency need
640not participate at the local hearing in order to appeal a local
641government development order issued pursuant to this paragraph.
642     (24)  STATUTORY EXEMPTIONS.--
643     (a)  Any proposed hospital which has a designed capacity of
644not more than 100 beds is exempt from the provisions of this
645section.
646     (b)  Any proposed electrical transmission line or
647electrical power plant is exempt from the provisions of this
648section, except any steam or solar electrical generating
649facility of less than 50 megawatts in capacity attached to a
650development of regional impact.
651     (c)  Any proposed addition to an existing sports facility
652complex is exempt from the provisions of this section if the
653addition meets the following characteristics:
654     1.  It would not operate concurrently with the scheduled
655hours of operation of the existing facility.
656     2.  Its seating capacity would be no more than 75 percent
657of the capacity of the existing facility.
658     3.  The sports facility complex property is owned by a
659public body prior to July 1, 1983.
660
661This exemption does not apply to any pari-mutuel facility.
662     (d)  Any proposed addition or cumulative additions
663subsequent to July 1, 1988, to an existing sports facility
664complex owned by a state university is exempt if the increased
665seating capacity of the complex is no more than 30 percent of
666the capacity of the existing facility.
667     (e)  Any addition of permanent seats or parking spaces for
668an existing sports facility located on property owned by a
669public body prior to July 1, 1973, is exempt from the provisions
670of this section if future additions do not expand existing
671permanent seating or parking capacity more than 15 percent
672annually in excess of the prior year's capacity.
673     (f)  Any increase in the seating capacity of an existing
674sports facility having a permanent seating capacity of at least
67550,000 spectators is exempt from the provisions of this section,
676provided that such an increase does not increase permanent
677seating capacity by more than 5 percent per year and not to
678exceed a total of 10 percent in any 5-year period, and provided
679that the sports facility notifies the appropriate local
680government within which the facility is located of the increase
681at least 6 months prior to the initial use of the increased
682seating, in order to permit the appropriate local government to
683develop a traffic management plan for the traffic generated by
684the increase. Any traffic management plan shall be consistent
685with the local comprehensive plan, the regional policy plan, and
686the state comprehensive plan.
687     (g)  Any expansion in the permanent seating capacity or
688additional improved parking facilities of an existing sports
689facility is exempt from the provisions of this section, if the
690following conditions exist:
691     1.a.  The sports facility had a permanent seating capacity
692on January 1, 1991, of at least 41,000 spectator seats;
693     b.  The sum of such expansions in permanent seating
694capacity does not exceed a total of 10 percent in any 5-year
695period and does not exceed a cumulative total of 20 percent for
696any such expansions; or
697     c.  The increase in additional improved parking facilities
698is a one-time addition and does not exceed 3,500 parking spaces
699serving the sports facility; and
700     2.  The local government having jurisdiction of the sports
701facility includes in the development order or development permit
702approving such expansion under this paragraph a finding of fact
703that the proposed expansion is consistent with the
704transportation, water, sewer and stormwater drainage provisions
705of the approved local comprehensive plan and local land
706development regulations relating to those provisions.
707
708Any owner or developer who intends to rely on this statutory
709exemption shall provide to the department a copy of the local
710government application for a development permit.  Within 45 days
711of receipt of the application, the department shall render to
712the local government an advisory and nonbinding opinion, in
713writing, stating whether, in the department's opinion, the
714prescribed conditions exist for an exemption under this
715paragraph.  The local government shall render the development
716order approving each such expansion to the department.  The
717owner, developer, or department may appeal the local government
718development order pursuant to s. 380.07, within 45 days after
719the order is rendered.  The scope of review shall be limited to
720the determination of whether the conditions prescribed in this
721paragraph exist.  If any sports facility expansion undergoes
722development of regional impact review, all previous expansions
723which were exempt under this paragraph shall be included in the
724development of regional impact review.
725     (h)  Expansion to port harbors, spoil disposal sites,
726navigation channels, turning basins, harbor berths, and other
727related inwater harbor facilities of ports listed in s.
728403.021(9)(b), port transportation facilities and projects
729listed in s. 311.07(3)(b), and intermodal transportation
730facilities identified pursuant to s. 311.09(3) are exempt from
731the provisions of this section when such expansions, projects,
732or facilities are consistent with comprehensive master plans
733that are in compliance with the provisions of s. 163.3178.
734     (i)  Any proposed facility for the storage of any petroleum
735product or any expansion of an existing facility is exempt from
736the provisions of this section, if the facility is consistent
737with a local comprehensive plan that is in compliance with s.
738163.3177 or is consistent with a comprehensive port master plan
739that is in compliance with s. 163.3178.
740     (j)  Any renovation or redevelopment within the same land
741parcel which does not change land use or increase density or
742intensity of use.
743     (k)1.  Any waterport or marina development is exempt from
744the provisions of this section if the relevant county or
745municipality has adopted a boating facility siting plan or
746policy, which includes applicable criteria, considering such
747factors as natural resources, manatee protection needs, and
748recreation and economic demands as generally outlined in the
749Bureau of Protected Species Management Boat Facility Siting
750Guide, dated August 2000, into the coastal management or land
751use element of its comprehensive plan. The adoption of boating
752facility siting plans or policies into the comprehensive plan is
753exempt from the provisions of s. 163.3187(1). Any waterport or
754marina development within the municipalities or counties with
755boating facility siting plans or policies that meet the above
756criteria, adopted prior to April 1, 2006 2002, are exempt from
757the provisions of this section, when their boating facility
758siting plan or policy is adopted as part of the relevant local
759government's comprehensive plan.
760     2.  Within 6 months of the effective date of this law, the
761Department of Community Affairs, in conjunction with the
762Department of Environmental Protection and the Florida Fish and
763Wildlife Conservation Commission, shall provide technical
764assistance and guidelines, including model plans, policies and
765criteria to local governments for the development of their
766siting plans.
767     (l)  Any proposed development within an urban service
768boundary established under s. 163.3177(14) is exempt from the
769provisions of this section if the local government having
770jurisdiction over the area where the development is proposed has
771adopted the urban service boundary and has entered into a
772binding agreement with contiguous adjacent jurisdictions and the
773Department of Transportation regarding the mitigation of impacts
774on state and regional transportation facilities, and has adopted
775a proportionate share methodology pursuant to s. 163.3180(16).
776If the binding agreement is not entered into within 12 months
777after the establishment of the urban service boundary, the
778Department of Transportation shall adopt within 90 days a
779reasonable impact-mitigation plan that is applicable in lieu of
780the binding agreement.
781     (m)  Any proposed development within a rural land
782stewardship area created under s. 163.3177(11)(d) is exempt from
783the provisions of this section if the local government that has
784adopted the rural land stewardship area has entered into a
785binding agreement with jurisdictions that would be impacted and
786the Department of Transportation regarding the mitigation of
787impacts on state and regional transportation facilities, and has
788adopted a proportionate share methodology pursuant to s.
789163.3180(16).
790     (n)  Any proposed development or redevelopment within an
791area designated as an urban infill and redevelopment area under
792s. 163.2517 is exempt from the provisions of this section if the
793local government has entered into a binding agreement with
794jurisdictions that would be impacted and the Department of
795Transportation regarding the mitigation of impacts on state and
796regional transportation facilities, and has adopted a
797proportionate share methodology pursuant to s. 163.3180(16).
798     (o)  The establishment, relocation, or expansion of any
799military installation as defined in s. 163.3175, is exempt from
800this section.
801     (p)  Any self-storage warehousing that does not allow
802retail or other services is exempt from the provisions of this
803section.
804     (q)  Any proposed nursing home or assisted living facility
805is exempt from the provisions of this section.
806     (r)  Any development identified in an airport master plan
807and adopted into the comprehensive plan pursuant to s.
808163.3177(6)(k) is exempt from the provisions of this section.
809     (s)  Any development identified in a campus master plan and
810adopted pursuant to s. 1013.30 is exempt from the provisions of
811this section.
812     (t)  Any development in a specific area plan which is
813prepared pursuant to s. 163.3245 and adopted into the
814comprehensive plan is exempt from the provisions of this
815section.
816     (u)  Any development in an area granted an exception from
817the concurrency requirements for transportation facilities which
818has met the requirements of s. 163.3180(5)(b)-(g), including the
819requirement for proportionate fair-share mitigation for
820transportation facilities, and which has been adopted into the
821comprehensive plan is exempt from the provisions of this
822section.
823
824If a use is exempt from review as a development of regional
825impact under subparagraphs (a)-(u) but will be part of a larger
826project that is subject to review as a development of regional
827impact, the impact of the exempt use must be included in the
828review of the larger project.
829     Section 2.  Subsections (3) and (4) of section 380.0651,
830Florida Statutes, are amended to read:
831     380.0651  Statewide guidelines and standards.--
832     (3)  The following statewide guidelines and standards shall
833be applied in the manner described in s. 380.06(2) to determine
834whether the following developments shall be required to undergo
835development-of-regional-impact review:
836     (a)  Airports.--
837     1.  Any of the following airport construction projects
838shall be a development of regional impact unless exempt under s.
839380.06(24):
840     a.  A new commercial service or general aviation airport
841with paved runways.
842     b.  A new commercial service or general aviation paved
843runway.
844     c.  A new passenger terminal facility.
845     2.  Lengthening of an existing runway by 25 percent or an
846increase in the number of gates by 25 percent or three gates,
847whichever is greater, on a commercial service airport or a
848general aviation airport with regularly scheduled flights is a
849development of regional impact.  However, expansion of existing
850terminal facilities at a nonhub or small hub commercial service
851airport shall not be a development of regional impact.
852     3.  Any airport development project which is proposed for
853safety, repair, or maintenance reasons alone and would not have
854the potential to increase or change existing types of aircraft
855activity is not a development of regional impact.
856Notwithstanding subparagraphs 1. and 2., renovation,
857modernization, or replacement of airport airside or terminal
858facilities that may include increases in square footage of such
859facilities but does not increase the number of gates or change
860the existing types of aircraft activity is not a development of
861regional impact.
862     (b)  Attractions and recreation facilities.--Any sports,
863entertainment, amusement, or recreation facility, including, but
864not limited to, a sports arena, stadium, racetrack, tourist
865attraction, amusement park, or pari-mutuel facility, the
866construction 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
870spectators.
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
874spectators.
875
876For purposes of this subsection, "serial performance facilities"
877means those using their parking areas or permanent seating more
878than one time per day on a regular or continuous basis.
879     3.  For multiscreen movie theaters of at least 8 screens
880and 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
883spectators.
884     (b)(c)  Industrial plants, industrial parks, and
885distribution, warehousing or wholesaling facilities.--Any
886proposed industrial, manufacturing, or processing plant, or
887distribution, warehousing, or wholesaling facility, excluding
888wholesaling developments which deal primarily with the general
889public onsite, under common ownership, or any proposed
890industrial, manufacturing, or processing activity or
891distribution, warehousing, or wholesaling activity, excluding
892wholesaling activities which deal primarily with the general
893public 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
897or park operated under common ownership, development plan, or
898management that:
899     1.  Encompasses 300,000 or more square feet of gross floor
900area; or
901     2.  Encompasses more than 600,000 square feet of gross
902floor area in a county with a population greater than 500,000
903and only in a geographic area specifically designated as highly
904suitable for increased threshold intensity in the approved local
905comprehensive plan and in the strategic regional policy plan.
906     (d)(e)  Marinas Port facilities.--The proposed construction
907of any waterport or marina is required to undergo
908development-of-regional-impact review if it is, except one
909designed for:
910     1.a.  The wet storage or mooring of more fewer than 150
911watercraft used exclusively for sport, pleasure, or commercial
912fishing;, or
913     b.  The dry storage of fewer than 200 watercraft used
914exclusively for sport, pleasure, or commercial fishing, or
915     b.c.  The wet or dry storage or mooring of more fewer than
916150 watercraft on or adjacent to an inland freshwater lake
917except Lake Okeechobee or any lake that which has been
918designated an Outstanding Florida Water., or
919     d.  The wet or dry storage or mooring of fewer than 50
920watercraft of 40 feet in length or less of any type or purpose.
921     2.  The subthreshold exceptions to this paragraph's
922requirements for development-of-regional-impact review do shall
923not apply to any waterport or marina facility located within or
924which serves physical development located within a coastal
925barrier resource unit on an unbridged barrier island designated
926pursuant to 16 U.S.C. s. 3501.
927
928In addition to the foregoing, for projects for which no
929environmental resource permit or sovereign submerged land lease
930is required, the Department of Environmental Protection must
931determine in writing that a proposed marina in excess of 75 10
932slips or storage spaces or a combination of the two is located
933so that it will not adversely impact Outstanding Florida Waters
934or Class II waters and will not contribute boat traffic in a
935manner that will have an adverse impact on an area known to be,
936or likely to be, frequented by manatees. If the Department of
937Environmental Protection fails to issue its determination within
93845 days after of receipt of a formal written request, it has
939waived its authority to make such determination. The Department
940of Environmental Protection determination shall constitute final
941agency action pursuant to chapter 120.
942     2.  The dry storage of fewer than 300 watercraft used
943exclusively for sport, pleasure, or commercial fishing at a
944marina constructed and in operation prior to July 1, 1985.
945     3.  Any proposed marina development with both wet and dry
946mooring or storage used exclusively for sport, pleasure, or
947commercial fishing, where the sum of percentages of the
948applicable wet and dry mooring or storage thresholds equals 100
949percent. This threshold is in addition to, and does not
950preclude, a development from being required to undergo
951development-of-regional-impact review under sub-subparagraphs
9521.a. and b. and subparagraph 2.
953     (e)(f)  Retail and service development.--Any proposed
954retail, service, or wholesale business establishment or group of
955establishments which deals primarily with the general public
956onsite, operated under one common property ownership,
957development plan, or management that:
958     1.  Encompasses more than 400,000 square feet of gross
959area; 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
963to create or accommodate 350 or more units; or
964     2.  Any proposed hotel or motel development that is planned
965to create or accommodate 750 or more units, in a county with a
966population greater than 500,000, and only in a geographic area
967specifically designated as highly suitable for increased
968threshold intensity in the approved local comprehensive plan and
969in the strategic regional policy plan.
970     (g)(h)  Recreational vehicle development.--Any proposed
971recreational vehicle development planned to create or
972accommodate 500 or more spaces.
973     (h)(i)  Multiuse development.--Any proposed development
974with two or more land uses where the sum of the percentages of
975the appropriate thresholds identified in chapter 28-24, Florida
976Administrative Code, or this section for each land use in the
977development is equal to or greater than 145 percent. Any
978proposed development with three or more land uses, one of which
979is residential and contains at least 100 dwelling units or 15
980percent of the applicable residential threshold, whichever is
981greater, where the sum of the percentages of the appropriate
982thresholds identified in chapter 28-24, Florida Administrative
983Code, or this section for each land use in the development is
984equal to or greater than 160 percent.  This threshold is in
985addition to, and does not preclude, a development from being
986required to undergo development-of-regional-impact review under
987any other threshold.
988     (i)(j)  Residential development.--No rule may be adopted
989concerning residential developments which treats a residential
990development in one county as being located in a less populated
991adjacent county unless more than 25 percent of the development
992is located within 2 or less miles of the less populated adjacent
993county.
994     (k)  Schools.--
995     1.  The proposed construction of any public, private, or
996proprietary postsecondary educational campus which provides for
997a design population of more than 5,000 full-time equivalent
998students, or the proposed physical expansion of any public,
999private, or proprietary postsecondary educational campus having
1000such a design population that would increase the population by
1001at least 20 percent of the design population.
1002     2.  As used in this paragraph, "full-time equivalent
1003student" means enrollment for 15 or more quarter hours during a
1004single academic semester. In career centers or other
1005institutions which do not employ semester hours or quarter hours
1006in accounting for student participation, enrollment for 18
1007contact hours shall be considered equivalent to one quarter
1008hour, and enrollment for 27 contact hours shall be considered
1009equivalent to one semester hour.
1010     3.  This paragraph does not apply to institutions which are
1011the subject of a campus master plan adopted by the university
1012board of trustees pursuant to s. 1013.30.
1013     (4)  Two or more developments, represented by their owners
1014or developers to be separate developments, shall be aggregated
1015and treated as a single development under this chapter when they
1016are determined to be part of a unified plan of development and
1017are physically proximate to one other.
1018     (a)  The criteria of two of the following subparagraphs
1019must be met in order for the state land planning agency to
1020determine that there is a unified plan of development:
1021     1.a.  The same person has retained or shared control of the
1022developments;
1023     b.  The same person has ownership or a significant legal or
1024equitable interest in the developments; or
1025     c.  There is common management of the developments
1026controlling the form of physical development or disposition of
1027parcels of the development.
1028     2.  There is a reasonable closeness in time between the
1029completion of 80 percent or less of one development and the
1030submission to a governmental agency of a master plan or series
1031of plans or drawings for the other development which is
1032indicative of a common development effort.
1033     3.  A master plan or series of plans or drawings exists
1034covering the developments sought to be aggregated which have
1035been submitted to a local general-purpose government, water
1036management district, the Florida Department of Environmental
1037Protection, or the Division of Florida Land Sales, Condominiums,
1038and Mobile Homes for authorization to commence development. The
1039existence or implementation of a utility's master utility plan
1040required by the Public Service Commission or general-purpose
1041local government or a master drainage plan shall not be the sole
1042determinant of the existence of a master plan.
1043     4.  The voluntary sharing of infrastructure that is
1044indicative of a common development effort or is designated
1045specifically to accommodate the developments sought to be
1046aggregated, except that which was implemented because it was
1047required by a local general-purpose government; water management
1048district; the Department of Environmental Protection; the
1049Division of Florida Land Sales, Condominiums, and Mobile Homes;
1050or the Public Service Commission.
1051     5.  There is a common advertising scheme or promotional
1052plan in effect for the developments sought to be aggregated.
1053     (b)  The following activities or circumstances shall not be
1054considered in determining whether to aggregate two or more
1055developments:
1056     1.  Activities undertaken leading to the adoption or
1057amendment of any comprehensive plan element described in part II
1058of chapter 163.
1059     2.  The sale of unimproved parcels of land, where the
1060seller does not retain significant control of the future
1061development of the parcels.
1062     3.  The fact that the same lender has a financial interest,
1063including one acquired through foreclosure, in two or more
1064parcels, so long as the lender is not an active participant in
1065the planning, management, or development of the parcels in which
1066it has an interest.
1067     4.  Drainage improvements that are not designed to
1068accommodate the types of development listed in the guidelines
1069and standards contained in or adopted pursuant to this chapter
1070or which are not designed specifically to accommodate the
1071developments sought to be aggregated.
1072     (c)  Aggregation is not applicable when the following
1073circumstances and provisions of this chapter are applicable:
1074     1.  Developments that which are otherwise subject to
1075aggregation with a development of regional impact that which has
1076received approval through the issuance of a final development
1077order may shall not be aggregated with the approved development
1078of regional impact. However, nothing contained in this
1079subparagraph does not shall preclude the state land planning
1080agency from evaluating an allegedly separate development as a
1081substantial deviation pursuant to s. 380.06(19) or as an
1082independent development of regional impact and, if so, the
1083impacts of the independent developments of regional impact may
1084not be considered cumulatively.
1085     2.  Two or more developments, each of which is
1086independently a development of regional impact that has or will
1087obtain a development order pursuant to s. 380.06.
1088     3.  Completion of any development that has been vested
1089pursuant to s. 380.05 or s. 380.06, including vested rights
1090arising out of agreements entered into with the state land
1091planning agency for purposes of resolving vested rights issues.
1092Development-of-regional-impact review of additions to vested
1093developments of regional impact shall not include review of the
1094impacts resulting from the vested portions of the development.
1095     4.  The developments sought to be aggregated were
1096authorized to commence development prior to September 1, 1988,
1097and could not have been required to be aggregated under the law
1098existing prior to that date.
1099     (d)  The provisions of this subsection shall be applied
1100prospectively from September 1, 1988.  Written decisions,
1101agreements, and binding letters of interpretation made or issued
1102by the state land planning agency prior to July 1, 1988, shall
1103not be affected by this subsection.
1104     (e)  In order to encourage developers to design, finance,
1105donate, or build infrastructure, public facilities, or services,
1106the state land planning agency may enter into binding agreements
1107with two or more developers providing that the joint planning,
1108sharing, or use of specified public infrastructure, facilities,
1109or services by the developers shall not be considered in any
1110subsequent determination of whether a unified plan of
1111development exists for their developments. Such binding
1112agreements may authorize the developers to pool impact fees or
1113impact-fee credits, or to enter into front-end agreements, or
1114other financing arrangements by which they collectively agree to
1115design, finance, donate, or build such public infrastructure,
1116facilities, or services. Such agreements shall be conditioned
1117upon a subsequent determination by the appropriate local
1118government of consistency with the approved local government
1119comprehensive plan and land development regulations.
1120Additionally, the developers must demonstrate that the provision
1121and sharing of public infrastructure, facilities, or services is
1122in the public interest and not merely for the benefit of the
1123developments which are the subject of the agreement.
1124Developments that are the subject of an agreement pursuant to
1125this paragraph shall be aggregated if the state land planning
1126agency determines that sufficient aggregation factors are
1127present to require aggregation without considering the design
1128features, financial arrangements, donations, or construction
1129that are specified in and required by the agreement.
1130     (f)  The state land planning agency has authority to adopt
1131rules pursuant to ss. 120.536(1) and 120.54 to implement the
1132provisions of this subsection.
1133     Section 3.  Subsection (7) is added to section 380.07,
1134Florida Statutes, to read:
1135     380.07  Florida Land and Water Adjudicatory Commission.--
1136     (7)  Notwithstanding any other provision of law, s.
1137163.3215 is the sole mechanism for challenging the consistency
1138of a development order issued under this chapter with the local
1139government comprehensive plan. The Department of Community
1140Affairs has standing to initiate an action under s. 163.3215 to
1141determine the consistency of a development-of-regional-impact
1142development order with the local government comprehensive plan
1143and for no other purpose.
1144     Section 4.  Section 380.115, Florida Statutes, is amended
1145to read:
1146     380.115  Vested rights and duties; effect of size
1147reduction, changes in guidelines and standards chs. 2002-20 and
11482002-296.--
1149     (1)  A change in a development-of-regional-impact guideline
1150and standard does not abridge Nothing contained in this act
1151abridges or modify modifies any vested or other right or any
1152duty or obligation pursuant to any development order or
1153agreement that is applicable to a development of regional impact
1154on the effective date of this act. A development that has
1155received a development-of-regional-impact development order
1156pursuant to s. 380.06, but is no longer required to undergo
1157development-of-regional-impact review by operation of a change
1158in the guidelines and standards or has reduced its size below
1159the thresholds in s. 380.0651 of this act, shall be governed by
1160the following procedures:
1161     (a)  The development shall continue to be governed by the
1162development-of-regional-impact development order and may be
1163completed in reliance upon and pursuant to the development order
1164unless the developer or landowner has followed the procedures
1165for rescission in paragraph (b). The development-of-regional-
1166impact development order may be enforced by the local government
1167as provided by ss. 380.06(17) and 380.11.
1168     (b)  If requested by the developer or landowner, the
1169development-of-regional-impact development order shall may be
1170rescinded by the local government having jurisdiction upon a
1171showing that all required mitigation related to the amount of
1172development that existed on the date of rescission has been
1173completed abandoned pursuant to the process in s. 380.06(26).
1174     (2)  A development with an application for development
1175approval pending, and determined sufficient pursuant to s.
1176380.06 s. 380.06(10), on the effective date of a change to the
1177guidelines and standards this act, or a notification of proposed
1178change pending on the effective date of a change to the
1179guidelines and standards this act, may elect to continue such
1180review pursuant to s. 380.06. At the conclusion of the pending
1181review, including any appeals pursuant to s. 380.07, the
1182resulting development order shall be governed by the provisions
1183of subsection (1).
1184     (3)  A landowner that has filed an application for a
1185development-of-regional-impact review prior to the adoption of
1186an optional sector plan pursuant to s. 163.3245 may elect to
1187have the application reviewed pursuant to s. 380.06,
1188comprehensive plan provisions in force prior to adoption of the
1189sector plan, and any requested comprehensive plan amendments
1190that accompany the application.
1191     Section 5.  Subsection (12) of section 163.3180, Florida
1192Statutes, is amended to read:
1193     163.3180  Concurrency.--
1194     (12)  When authorized by a local comprehensive plan, a
1195multiuse development of regional impact may satisfy the
1196transportation concurrency requirements of the local
1197comprehensive plan, the local government's concurrency
1198management system, and s. 380.06 by payment of a proportionate-
1199share contribution for local and regionally significant traffic
1200impacts, if:
1201     (a)  The development of regional impact meets or exceeds
1202the guidelines and standards of s. 380.0651(3)(h) s.
1203380.0651(3)(i) and rule 28-24.032(2), Florida Administrative
1204Code, and includes a residential component that contains at
1205least 100 residential dwelling units or 15 percent of the
1206applicable residential guideline and standard, whichever is
1207greater;
1208     (b)  The development of regional impact contains an
1209integrated mix of land uses and is designed to encourage
1210pedestrian or other nonautomotive modes of transportation;
1211     (c)  The proportionate-share contribution for local and
1212regionally significant traffic impacts is sufficient to pay for
1213one or more required improvements that will benefit a regionally
1214significant transportation facility;
1215     (d)  The owner and developer of the development of regional
1216impact pays or assures payment of the proportionate-share
1217contribution; and
1218     (e)  If the regionally significant transportation facility
1219to be constructed or improved is under the maintenance authority
1220of a governmental entity, as defined by s. 334.03(12), other
1221than the local government with jurisdiction over the development
1222of regional impact, the developer is required to enter into a
1223binding and legally enforceable commitment to transfer funds to
1224the governmental entity having maintenance authority or to
1225otherwise assure construction or improvement of the facility.
1226
1227The proportionate-share contribution may be applied to any
1228transportation facility to satisfy the provisions of this
1229subsection and the local comprehensive plan, but, for the
1230purposes of this subsection, the amount of the proportionate-
1231share contribution shall be calculated based upon the cumulative
1232number of trips from the proposed development expected to reach
1233roadways during the peak hour from the complete buildout of a
1234stage or phase being approved, divided by the change in the peak
1235hour maximum service volume of roadways resulting from
1236construction of an improvement necessary to maintain the adopted
1237level of service, multiplied by the construction cost, at the
1238time of developer payment, of the improvement necessary to
1239maintain the adopted level of service. For purposes of this
1240subsection, "construction cost" includes all associated costs of
1241the improvement.
1242     Section 6.  Subsection (21) of section 331.303, Florida
1243Statutes, is amended to read:
1244     331.303  Definitions.--
1245     (21)  "Spaceport launch facilities" shall be defined as
1246industrial facilities in accordance with s. 380.0651(3)(b) s.
1247380.0651(3)(c) and include any launch pad, launch control
1248center, and fixed launch-support equipment.
1249     Section 7.  This act shall take effect July 1, 2006.


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