HB 0683

CS

CHAMBER ACTION

1	The Growth Management Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to growth management; amending s.
7	163.3177, F.S.; encouraging local governments to adopt
8	boating facility siting plans; providing criteria and
9	exemptions for such plans; authorizing assistance for the
10	development of such plans; amending s. 163.3180, F.S.;
11	conforming a cross-reference; amending s. 197.303, F.S.;
12	revising the criteria for ad valorem tax deferral for
13	working waterfront properties; including public lodging
14	establishments in the description of working waterfront
15	properties; amending s. 342.07, F.S.; adding recreational
16	activities as an important state interest; including
17	public lodging establishments within the definition of the
18	term "recreational and commercial working waterfront";
19	creating s. 373.4132, F.S.; directing water management
20	district governing boards and the Department of
21	Environmental Protection to require permits for certain
22	activities relating to certain dry storage facilities;
23	providing criteria for application of such permits;
24	preserving regulatory authority for the department and
25	governing boards; amending s. 380.06, F.S.; providing for
26	the state land planning agency to determine the amount of
27	development that remains to be built in certain
28	circumstances; specifying certain requirements for a
29	development order; revising the circumstances in which a
30	local government may issue permits for development
31	subsequent to the buildout date; revising the definition
32	of an essentially built-out development; revising the
33	criteria under which a proposed change constitutes a
34	substantial deviation; clarifying the criteria under which
35	the extension of a buildout date is presumed to create a
36	substantial deviation; requiring that notice of any change
37	to certain set-aside areas be submitted to the local
38	government; requiring that notice of certain changes be
39	given to the state land planning agency, regional planning
40	agency, and local government; revising the statutory
41	exemptions from development-of-regional-impact review for
42	certain facilities; removing waterport and marina
43	developments from development-of-regional-impact review;
44	providing statutory exemptions and partial statutory
45	exemptions for the development of certain facilities;
46	providing that the impacts from an exempt use that will be
47	part of a larger project be included in the development-
48	of-regional-impact review of the larger project; amending
49	s. 380.0651, F.S.; revising the statewide guidelines and
50	standards for development-of-regional-impact review of
51	office developments; deleting such guidelines and
52	standards for port facilities; providing such guidelines
53	and standards for workforce housing; amending s. 380.07,
54	F.S.; revising the appellate procedures for development
55	orders within a development of regional impact to the
56	Florida Land and Water Adjudicatory Commission; amending
57	s. 380.115, F.S.; providing that a change in a
58	development-of-regional-impact guideline and standard does
59	not abridge or modify any vested right or duty under a
60	development order; providing a process for the rescission
61	of a development order by the local government in certain
62	circumstances; providing an exemption for certain
63	applications for development approval and notices of
64	proposed changes; amending s. 403.813, F.S.; revising
65	permitting exceptions for the construction of private
66	docks in certain waterways; providing an effective date.
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  Paragraph (g) of subsection (6) of section
71	163.3177, Florida Statutes, is amended to read:
72	163.3177  Required and optional elements of comprehensive
73	plan; studies and surveys.--
74	(6)  In addition to the requirements of subsections (1)-(5)
75	and (12), the comprehensive plan shall include the following
76	elements:
77	(g)1.  For those units of local government identified in s.
78	380.24, a coastal management element, appropriately related to
79	the particular requirements of paragraphs (d) and (e) and
80	meeting the requirements of s. 163.3178(2) and (3). The coastal
81	management element shall set forth the policies that shall guide
82	the local government's decisions and program implementation with
83	respect to the following objectives:
84	a.1.  Maintenance, restoration, and enhancement of the
85	overall quality of the coastal zone environment, including, but
86	not limited to, its amenities and aesthetic values.
87	b.2.  Continued existence of viable populations of all
88	species of wildlife and marine life.
89	c.3.  The orderly and balanced utilization and
90	preservation, consistent with sound conservation principles, of
91	all living and nonliving coastal zone resources.
92	d.4.  Avoidance of irreversible and irretrievable loss of
93	coastal zone resources.
94	e.5.  Ecological planning principles and assumptions to be
95	used in the determination of suitability and extent of permitted
96	development.
97	f.6.  Proposed management and regulatory techniques.
98	g.7.  Limitation of public expenditures that subsidize
99	development in high-hazard coastal areas.
100	h.8.  Protection of human life against the effects of
101	natural disasters.
102	i.9.  The orderly development, maintenance, and use of
103	ports identified in s. 403.021(9) to facilitate deepwater
104	commercial navigation and other related activities.
105	j.10.  Preservation, including sensitive adaptive use of
106	historic and archaeological resources.
107	2.  As part of this element, affected local governments are
108	encouraged to adopt a boating facility siting plan or policy
109	that includes applicable criteria and considers such factors as
110	natural resources, manatee protection needs, and recreation and
111	economic demands as generally outlined in the Boat Facility
112	Siting Guide dated August 2000 and prepared by the Bureau of
113	Protected Species Management of the Fish and Wildlife
114	Conservation Commission. A comprehensive plan that adopts a
115	boating facility siting plan or policy is exempt from the
116	provisions of s. 163.3187(1). Local governments that wish to
117	adopt a boating facility siting plan or policy may be eligible
118	for assistance with the development of a plan or policy through
119	the Florida Coastal Management Program.
120	Section 2.  Paragraph (a) of subsection (12) of section
121	163.3180, Florida Statutes, is amended to read:
122	163.3180  Concurrency.--
123	(12)  When authorized by a local comprehensive plan, a
124	multiuse development of regional impact may satisfy the
125	transportation concurrency requirements of the local
126	comprehensive plan, the local government's concurrency
127	management system, and s. 380.06 by payment of a proportionate-
128	share contribution for local and regionally significant traffic
129	impacts, if:
130	(a)  The development of regional impact meets or exceeds
131	the guidelines and standards of s. 380.0651(3)(h)(i) and rule
132	28-24.032(2), Florida Administrative Code, and includes a
133	residential component that contains at least 100 residential
134	dwelling units or 15 percent of the applicable residential
135	guideline and standard, whichever is greater;
136
137	The proportionate-share contribution may be applied to any
138	transportation facility to satisfy the provisions of this
139	subsection and the local comprehensive plan, but, for the
140	purposes of this subsection, the amount of the proportionate-
141	share contribution shall be calculated based upon the cumulative
142	number of trips from the proposed development expected to reach
143	roadways during the peak hour from the complete buildout of a
144	stage or phase being approved, divided by the change in the peak
145	hour maximum service volume of roadways resulting from
146	construction of an improvement necessary to maintain the adopted
147	level of service, multiplied by the construction cost, at the
148	time of developer payment, of the improvement necessary to
149	maintain the adopted level of service. For purposes of this
150	subsection, "construction cost" includes all associated costs of
151	the improvement.
152	Section 3.  Subsection (3) of section 197.303, Florida
153	Statutes, is amended to read:
154	197.303  Ad valorem tax deferral for recreational and
155	commercial working waterfront properties.--
156	(3)  The ordinance shall designate the percentage or amount
157	of the deferral and the type and location of working waterfront
158	property, including the type of public lodging establishments,
159	for which deferrals may be granted, which may include any
160	property meeting the provisions of s. 342.07(2), which property
161	may be further required to be located within a particular
162	geographic area or areas of the county or municipality.
163	Section 4.  Section 342.07, Florida Statutes, is amended to
164	read:
165	342.07  Recreational and commercial working waterfronts;
166	legislative findings; definitions.--
167	(1)  The Legislature recognizes that there is an important
168	state interest in facilitating boating and other recreational
169	access to the state's navigable waters. This access is vital to
170	tourists and recreational users and the marine industry in the
171	state, to maintaining or enhancing the $57 billion economic
172	impact of tourism and the $14 billion economic impact of boating
173	in the state annually, and to ensuring continued access to all
174	residents and visitors to the navigable waters of the state. The
175	Legislature recognizes that there is an important state interest
176	in maintaining viable water-dependent support facilities, such
177	as public lodging establishments and boat hauling and repairing
178	and commercial fishing facilities, and in maintaining the
179	availability of public access to the navigable waters of the
180	state. The Legislature further recognizes that the waterways of
181	the state are important for engaging in commerce and the
182	transportation of goods and people upon such waterways and that
183	such commerce and transportation is not feasible unless there is
184	access to and from the navigable waters of the state through
185	recreational and commercial working waterfronts.
186	(2)  As used in this section, the term "recreational and
187	commercial working waterfront" means a parcel or parcels of real
188	property that provide access for water-dependent commercial and
189	recreational activities, including public lodging establishments
190	as defined in chapter 509, or provide access for the public to
191	the navigable waters of the state. Recreational and commercial
192	working waterfronts require direct access to or a location on,
193	over, or adjacent to a navigable body of water. The term
194	includes water-dependent facilities that are open to the public
195	and offer public access by vessels to the waters of the state or
196	that are support facilities for recreational, commercial,
197	research, or governmental vessels. These facilities include
198	docks, wharfs, lifts, wet and dry marinas, boat ramps, boat
199	hauling and repair facilities, commercial fishing facilities,
200	boat construction facilities, and other support structures over
201	the water. As used in this section, the term "vessel" has the
202	same meaning as in s. 327.02(37). Seaports are excluded from the
203	definition.
204	Section 5.  Section 373.4132, Florida Statutes, is created
205	to read:
206	373.4132  Dry storage facility permitting.--The governing
207	board or the department shall require a permit under this part,
208	including s. 373.4145, for the construction, alteration,
209	operation, maintenance, abandonment, or removal of a dry storage
210	facility for 10 or more vessels that is functionally associated
211	with a boat launching area. As part of an applicant's
212	demonstration that such a facility will not be harmful to the
213	water resources and will not be inconsistent with the overall
214	objectives of the district, the governing board or department
215	shall require the applicant to provide reasonable assurance that
216	the secondary impacts from the facility will not cause adverse
217	impacts to the functions of wetlands and surface waters,
218	including violations of state water quality standards applicable
219	to waters as defined in s. 403.031(13), and will meet the public
220	interest test of s. 373.414(1)(a), including the potential
221	adverse impacts to manatees. Nothing in this section shall
222	affect the authority of the governing board or the department to
223	regulate such secondary impacts under this part for other
224	regulated activities.
225	Section 6.  Paragraph (d) of subsection (2), paragraphs (a)
226	and (i) of subsection (4) and subsections (15), (19), and (24)
227	of section 380.06, Florida Statutes, are amended, and subsection
228	(28) is added to that section, to read:
229	380.06  Developments of regional impact.--
230	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
231	(d)  The guidelines and standards shall be applied as
232	follows:
233	1.  Fixed thresholds.--
234	a.  A development that is below 100 percent of all
235	numerical thresholds in the guidelines and standards shall not
236	be required to undergo development-of-regional-impact review.
237	b.  A development that is at or above 120 percent of any
238	numerical threshold shall be required to undergo development-of-
239	regional-impact review.
240	c.  Projects certified under s. 403.973 which create at
241	least 100 jobs and meet the criteria of the Office of Tourism,
242	Trade, and Economic Development as to their impact on an area's
243	economy, employment, and prevailing wage and skill levels that
244	are at or below 100 percent of the numerical thresholds for
245	industrial plants, industrial parks, distribution, warehousing
246	or wholesaling facilities, office development or multiuse
247	projects other than residential, as described in s.
248	380.0651(3)(c), (d), and (h)(i), are not required to undergo
249	development-of-regional-impact review.
250	2.  Rebuttable presumption.--It shall be presumed that a
251	development that is at 100 percent or between 100 and 120
252	percent of a numerical threshold shall be required to undergo
253	development-of-regional-impact review.
254	(4)  BINDING LETTER.--
255	(a)  If any developer is in doubt whether his or her
256	proposed development must undergo development-of-regional-impact
257	review under the guidelines and standards, whether his or her
258	rights have vested pursuant to subsection (20), or whether a
259	proposed substantial change to a development of regional impact
260	concerning which rights had previously vested pursuant to
261	subsection (20) would divest such rights, the developer may
262	request a determination from the state land planning agency. The
263	developer or the appropriate local government having
264	jurisdiction may request that the state land planning agency
265	determine whether the amount of development that remains to be
266	built in an approved development of regional impact meets the
267	criteria of subparagraph (15)(g)3.
268	(i)  In response to an inquiry from a developer or the
269	appropriate local government having jurisdiction, the state land
270	planning agency may issue an informal determination in the form
271	of a clearance letter as to whether a development is required to
272	undergo development-of-regional-impact review or whether the
273	amount of development that remains to be built in an approved
274	development of regional impact meets the criteria of
275	subparagraph (15)(g)3. A clearance letter may be based solely on
276	the information provided by the developer, and the state land
277	planning agency is not required to conduct an investigation of
278	that information. If any material information provided by the
279	developer is incomplete or inaccurate, the clearance letter is
280	not binding upon the state land planning agency. A clearance
281	letter does not constitute final agency action.
282	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
283	(a)  The appropriate local government shall render a
284	decision on the application within 30 days after the hearing
285	unless an extension is requested by the developer.
286	(b)  When possible, local governments shall issue
287	development orders concurrently with any other local permits or
288	development approvals that may be applicable to the proposed
289	development.
290	(c)  The development order shall include findings of fact
291	and conclusions of law consistent with subsections (13) and
292	(14). The development order:
293	1.  Shall specify the monitoring procedures and the local
294	official responsible for assuring compliance by the developer
295	with the development order.
296	2.  Shall establish compliance dates for the development
297	order, including a deadline for commencing physical development
298	and for compliance with conditions of approval or phasing
299	requirements, and shall include a buildout termination date that
300	reasonably reflects the time anticipated required to complete
301	the development.
302	3.  Shall establish a date until which the local government
303	agrees that the approved development of regional impact shall
304	not be subject to downzoning, unit density reduction, or
305	intensity reduction, unless the local government can demonstrate
306	that substantial changes in the conditions underlying the
307	approval of the development order have occurred or the
308	development order was based on substantially inaccurate
309	information provided by the developer or that the change is
310	clearly established by local government to be essential to the
311	public health, safety, or welfare. The date established pursuant
312	to this subparagraph shall be no sooner than the buildout date
313	of the project.
314	4.  Shall specify the requirements for the biennial report
315	designated under subsection (18), including the date of
316	submission, parties to whom the report is submitted, and
317	contents of the report, based upon the rules adopted by the
318	state land planning agency. Such rules shall specify the scope
319	of any additional local requirements that may be necessary for
320	the report.
321	5.  May specify the types of changes to the development
322	which shall require submission for a substantial deviation
323	determination or a notice of proposed change under subsection
324	(19).
325	6.  Shall include a legal description of the property.
326	(d)  Conditions of a development order that require a
327	developer to contribute land for a public facility or construct,
328	expand, or pay for land acquisition or construction or expansion
329	of a public facility, or portion thereof, shall meet the
330	following criteria:
331	1.  The need to construct new facilities or add to the
332	present system of public facilities must be reasonably
333	attributable to the proposed development.
334	2.  Any contribution of funds, land, or public facilities
335	required from the developer shall be comparable to the amount of
336	funds, land, or public facilities that the state or the local
337	government would reasonably expect to expend or provide, based
338	on projected costs of comparable projects, to mitigate the
339	impacts reasonably attributable to the proposed development.
340	3.  Any funds or lands contributed must be expressly
341	designated and used to mitigate impacts reasonably attributable
342	to the proposed development.
343	4.  Construction or expansion of a public facility by a
344	nongovernmental developer as a condition of a development order
345	to mitigate the impacts reasonably attributable to the proposed
346	development is not subject to competitive bidding or competitive
347	negotiation for selection of a contractor or design professional
348	for any part of the construction or design unless required by
349	the local government that issues the development order.
350	(e)1.  Effective July 1, 1986, A local government shall not
351	include, as a development order condition for a development of
352	regional impact, any requirement that a developer contribute or
353	pay for land acquisition or construction or expansion of public
354	facilities or portions thereof unless the local government has
355	enacted a local ordinance which requires other development not
356	subject to this section to contribute its proportionate share of
357	the funds, land, or public facilities necessary to accommodate
358	any impacts having a rational nexus to the proposed development,
359	and the need to construct new facilities or add to the present
360	system of public facilities must be reasonably attributable to
361	the proposed development.
362	2.  A local government shall not approve a development of
363	regional impact that does not make adequate provision for the
364	public facilities needed to accommodate the impacts of the
365	proposed development unless the local government includes in the
366	development order a commitment by the local government to
367	provide these facilities consistently with the development
368	schedule approved in the development order; however, a local
369	government's failure to meet the requirements of subparagraph 1.
370	and this subparagraph shall not preclude the issuance of a
371	development order where adequate provision is made by the
372	developer for the public facilities needed to accommodate the
373	impacts of the proposed development. Any funds or lands
374	contributed by a developer must be expressly designated and used
375	to accommodate impacts reasonably attributable to the proposed
376	development.
377	3.  The Department of Community Affairs and other state and
378	regional agencies involved in the administration and
379	implementation of this act shall cooperate and work with units
380	of local government in preparing and adopting local impact fee
381	and other contribution ordinances.
382	(f)  Notice of the adoption of a development order or the
383	subsequent amendments to an adopted development order shall be
384	recorded by the developer, in accordance with s. 28.222, with
385	the clerk of the circuit court for each county in which the
386	development is located. The notice shall include a legal
387	description of the property covered by the order and shall state
388	which unit of local government adopted the development order,
389	the date of adoption, the date of adoption of any amendments to
390	the development order, the location where the adopted order with
391	any amendments may be examined, and that the development order
392	constitutes a land development regulation applicable to the
393	property. The recording of this notice shall not constitute a
394	lien, cloud, or encumbrance on real property, or actual or
395	constructive notice of any such lien, cloud, or encumbrance.
396	This paragraph applies only to developments initially approved
397	under this section after July 1, 1980.
398	(g)  A local government shall not issue permits for
399	development subsequent to the buildout termination date or
400	expiration date contained in the development order unless:
401	1.  The proposed development has been evaluated
402	cumulatively with existing development under the substantial
403	deviation provisions of subsection (19) subsequent to the
404	termination or expiration date;
405	2.  The proposed development is consistent with an
406	abandonment of development order that has been issued in
407	accordance with the provisions of subsection (26); or
408	3.  The development of regional impact is essentially built
409	out, in that all the mitigation requirements in the development
410	order have been satisfied, all developers are in compliance with
411	all applicable terms and conditions of the development order
412	except the buildout date, and the amount of proposed development
413	that remains to be built is less than 20 percent of any
414	applicable development-of-regional-impact threshold; or
415	4.3.  The project has been determined to be an essentially
416	built-out development of regional impact through an agreement
417	executed by the developer, the state land planning agency, and
418	the local government, in accordance with s. 380.032, which will
419	establish the terms and conditions under which the development
420	may be continued. If the project is determined to be essentially
421	built out built-out, development may proceed pursuant to the s.
422	380.032 agreement after the termination or expiration date
423	contained in the development order without further development-
424	of-regional-impact review subject to the local government
425	comprehensive plan and land development regulations or subject
426	to a modified development-of-regional-impact analysis. As used
427	in this paragraph, an "essentially built-out" development of
428	regional impact means:
429	a.  The developers are development is in compliance with
430	all applicable terms and conditions of the development order
431	except the buildout built-out date; and
432	b.(I)  The amount of development that remains to be built
433	is less than the substantial deviation threshold specified in
434	paragraph (19)(b) for each individual land use category, or, for
435	a multiuse development, the sum total of all unbuilt land uses
436	as a percentage of the applicable substantial deviation
437	threshold is equal to or less than 100 percent; or
438	(II)  The state land planning agency and the local
439	government have agreed in writing that the amount of development
440	to be built does not create the likelihood of any additional
441	regional impact not previously reviewed.
442	(h)  The single-family residential portions of a
443	development may be considered "essentially built out" if all of
444	the infrastructure and horizontal development have been
445	completed, at least 50 percent of the dwelling units have been
446	completed, and more than 80 percent of the lots have been
447	conveyed to third-party individual lot owners or to individual
448	builders who own no more than 40 lots at the time of the
449	determination.
450	(i)  The mobile home park portions of a development may be
451	considered "essentially built out" if all the infrastructure and
452	horizontal development has been completed, and at least 50
453	percent of the lots are leased to individual mobile home owners.
454	(j)  If the property is annexed by another local
455	jurisdiction, the annexing jurisdiction shall adopt a new
456	development order that incorporates all previous rights and
457	obligations specified in the prior development order.
458	(19)  SUBSTANTIAL DEVIATIONS.--
459	(a)  Any proposed change to a previously approved
460	development which creates a reasonable likelihood of additional
461	regional impact, or any type of regional impact created by the
462	change not previously reviewed by the regional planning agency,
463	shall constitute a substantial deviation and shall cause the
464	proposed change development to be subject to further
465	development-of-regional-impact review. There are a variety of
466	reasons why a developer may wish to propose changes to an
467	approved development of regional impact, including changed
468	market conditions. The procedures set forth in this subsection
469	are for that purpose.
470	(b)  Any proposed change to a previously approved
471	development of regional impact or development order condition
472	which, either individually or cumulatively with other changes,
473	exceeds any of the following criteria shall constitute a
474	substantial deviation and shall cause the development to be
475	subject to further development-of-regional-impact review without
476	the necessity for a finding of same by the local government:
477	1.  An increase in the number of parking spaces at an
478	attraction or recreational facility by 10 5 percent or 330 300
479	spaces, whichever is greater, or an increase in the number of
480	spectators that may be accommodated at such a facility by 10 5
481	percent or 1,100 1,000 spectators, whichever is greater.
482	2.  A new runway, a new terminal facility, a 25-percent
483	lengthening of an existing runway, or a 25-percent increase in
484	the number of gates of an existing terminal, but only if the
485	increase adds at least three additional gates.
486	3.  An increase in the number of hospital beds by 5 percent
487	or 60 beds, whichever is greater.
488	3.4.  An increase in industrial development area by 10 5
489	percent or 35 32 acres, whichever is greater.
490	4.5.  An increase in the average annual acreage mined by 10
491	5 percent or 11 10 acres, whichever is greater, or an increase
492	in the average daily water consumption by a mining operation by
493	10 5 percent or 330,000 300,000 gallons, whichever is greater.
494	An increase in the size of the mine by 10 5 percent or 825 750
495	acres, whichever is less. An increase in the size of a heavy
496	mineral mine as defined in s. 378.403(7) will only constitute a
497	substantial deviation if the average annual acreage mined is
498	more than 550 500 acres and consumes more than 3.3 3 million
499	gallons of water per day.
500	5.6.  An increase in land area for office development by 10
501	5 percent or an increase of gross floor area of office
502	development by 10 5 percent or 66,000 60,000 gross square feet,
503	whichever is greater.
504	7.  An increase in the storage capacity for chemical or
505	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
506	million pounds, whichever is greater.
507	8.  An increase of development at a waterport of wet
508	storage for 20 watercraft, dry storage for 30 watercraft, or
509	wet/dry storage for 60 watercraft in an area identified in the
510	state marina siting plan as an appropriate site for additional
511	waterport development or a 5-percent increase in watercraft
512	storage capacity, whichever is greater.
513	6.9.  An increase in the number of dwelling units by 10 5
514	percent or 55 50 dwelling units, whichever is greater.
515	7.  An increase in the number of dwelling units by 50
516	percent or 200 units, whichever is greater, provided that 15
517	percent of the increase in the number of dwelling units is
518	dedicated to the construction of workforce housing. For purposes
519	of this subparagraph, the term "workforce housing" means housing
520	that is affordable to a person who earns less than 150 percent
521	of the area median income.
522	8.10.  An increase in commercial development by 55,000
523	50,000 square feet of gross floor area or of parking spaces
524	provided for customers for 330 300 cars or a 10-percent 5-
525	percent increase of either of these, whichever is greater.
526	9.11.  An increase in hotel or motel rooms facility units
527	by 10 5 percent or 83 rooms 75 units, whichever is greater.
528	10.12.  An increase in a recreational vehicle park area by
529	10 5 percent or 110 100 vehicle spaces, whichever is less.
530	11.13.  A decrease in the area set aside for open space of
531	5 percent or 20 acres, whichever is less.
532	12.14.  A proposed increase to an approved multiuse
533	development of regional impact where the sum of the increases of
534	each land use as a percentage of the applicable substantial
535	deviation criteria is equal to or exceeds 110 100 percent. The
536	percentage of any decrease in the amount of open space shall be
537	treated as an increase for purposes of determining when 110 100
538	percent has been reached or exceeded.
539	13.15.  A 15-percent increase in the number of external
540	vehicle trips generated by the development above that which was
541	projected during the original development-of-regional-impact
542	review.
543	14.16.  Any change which would result in development of any
544	area which was specifically set aside in the application for
545	development approval or in the development order for
546	preservation or special protection of endangered or threatened
547	plants or animals designated as endangered, threatened, or
548	species of special concern and their habitat, any species
549	protected by 16 U.S.C. s. 668a-668d, primary dunes, or
550	archaeological and historical sites designated as significant by
551	the Division of Historical Resources of the Department of State.
552	The further refinement of the boundaries and configuration of
553	such areas by survey shall be considered under sub-subparagraph
554	(e)2.j. (e)5.b.
555
556	The substantial deviation numerical standards in subparagraphs
557	3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding residential
558	uses, and in subparagraph 13. 15., are increased by 100 percent
559	for a project certified under s. 403.973 which creates jobs and
560	meets criteria established by the Office of Tourism, Trade, and
561	Economic Development as to its impact on an area's economy,
562	employment, and prevailing wage and skill levels. The
563	substantial deviation numerical standards in subparagraphs 3.,
564	5., 6., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14.
565	are increased by 50 percent for a project located wholly within
566	an urban infill and redevelopment area designated on the
567	applicable adopted local comprehensive plan future land use map
568	and not located within the coastal high hazard area.
569	(c)  An extension of the date of buildout of a development,
570	or any phase thereof, by more than 7 or more years shall be
571	presumed to create a substantial deviation subject to further
572	development-of-regional-impact review. An extension of the date
573	of buildout, or any phase thereof, of more than 5 years or more
574	but less than 7 years shall be presumed not to create a
575	substantial deviation. The extension of the date of buildout of
576	an areawide development of regional impact by more than 5 years
577	but less than 10 years is presumed not to create a substantial
578	deviation. These presumptions may be rebutted by clear and
579	convincing evidence at the public hearing held by the local
580	government. An extension of 5 years or less than 5 years is not
581	a substantial deviation. For the purpose of calculating when a
582	buildout or, phase, or termination date has been exceeded, the
583	time shall be tolled during the pendency of administrative or
584	judicial proceedings relating to development permits. Any
585	extension of the buildout date of a project or a phase thereof
586	shall automatically extend the commencement date of the project,
587	the termination date of the development order, the expiration
588	date of the development of regional impact, and the phases
589	thereof if applicable by a like period of time.
590	(d)  A change in the plan of development of an approved
591	development of regional impact resulting from requirements
592	imposed by the Department of Environmental Protection or any
593	water management district created by s. 373.069 or any of their
594	successor agencies or by any appropriate federal regulatory
595	agency shall be submitted to the local government pursuant to
596	this subsection. The change shall be presumed not to create a
597	substantial deviation subject to further development-of-
598	regional-impact review. The presumption may be rebutted by clear
599	and convincing evidence at the public hearing held by the local
600	government.
601	(e)1.  Except for a development order rendered pursuant to
602	subsection (22) or subsection (25), a proposed change to a
603	development order that individually or cumulatively with any
604	previous change is less than any numerical criterion contained
605	in subparagraphs (b)1.-15. and does not exceed any other
606	criterion, or that involves an extension of the buildout date of
607	a development, or any phase thereof, of less than 5 years is not
608	subject to the public hearing requirements of subparagraph
609	(f)3., and is not subject to a determination pursuant to
610	subparagraph (f)5. Notice of the proposed change shall be made
611	to the regional planning council and the state land planning
612	agency. Such notice shall include a description of previous
613	individual changes made to the development, including changes
614	previously approved by the local government, and shall include
615	appropriate amendments to the development order.
616	2.  The following changes, individually or cumulatively
617	with any previous changes, are not substantial deviations:
618	a.  Changes in the name of the project, developer, owner,
619	or monitoring official.
620	b.  Changes to a setback that do not affect noise buffers,
621	environmental protection or mitigation areas, or archaeological
622	or historical resources.
623	c.  Changes to minimum lot sizes.
624	d.  Changes in the configuration of internal roads that do
625	not affect external access points.
626	e.  Changes to the building design or orientation that stay
627	approximately within the approved area designated for such
628	building and parking lot, and which do not affect historical
629	buildings designated as significant by the Division of
630	Historical Resources of the Department of State.
631	f.  Changes to increase the acreage in the development,
632	provided that no development is proposed on the acreage to be
633	added.
634	g.  Changes to eliminate an approved land use, provided
635	that there are no additional regional impacts.
636	h.  Changes required to conform to permits approved by any
637	federal, state, or regional permitting agency, provided that
638	these changes do not create additional regional impacts.
639	i.  Any renovation or redevelopment of development within a
640	previously approved development of regional impact which does
641	not change land use or increase density or intensity of use.
642	j.  Changes that modify boundaries and configuration of
643	areas described in subparagraph (b)14. due to science-based
644	refinement of such areas by survey, by habitat evaluation, by
645	other recognized assessment methodology, or by an environmental
646	assessment. In order for changes to qualify under this sub-
647	subparagraph, the survey, habitat evaluation, or assessment must
648	occur prior to the time a conservation easement protecting such
649	lands is recorded and must not result in any net decrease in the
650	total acreage of the lands specifically set aside for permanent
651	preservation in the final development order.
652	k.j.  Any other change which the state land planning agency
653	agrees in writing is similar in nature, impact, or character to
654	the changes enumerated in sub-subparagraphs a.-j. a.-i. and
655	which does not create the likelihood of any additional regional
656	impact.
657
658	This subsection does not require the filing of a notice of
659	proposed change but shall require an application to the local
660	government to amend the development order in accordance with the
661	local government's procedures for amendment of a development
662	order. In accordance with the local government's procedures,
663	including requirements for notice to the applicant and the
664	public, the local government shall either deny the application
665	for amendment or adopt an amendment to the development order
666	which approves the application with or without conditions.
667	Following adoption, the local government shall render to the
668	state land planning agency the amendment to the development
669	order. The state land planning agency may appeal, pursuant to s.
670	380.07(3), the amendment to the development order if the
671	amendment involves sub-subparagraph g., sub-subparagraph h.,
672	sub-subparagraph j., or sub-subparagraph k. and it believes the
673	change creates a reasonable likelihood of new or additional
674	regional impacts a development order amendment for any change
675	listed in sub-subparagraphs a.-j. unless such issue is addressed
676	either in the existing development order or in the application
677	for development approval, but, in the case of the application,
678	only if, and in the manner in which, the application is
679	incorporated in the development order.
680	3.  Except for the change authorized by sub-subparagraph
681	2.f., any addition of land not previously reviewed or any change
682	not specified in paragraph (b) or paragraph (c) shall be
683	presumed to create a substantial deviation. This presumption may
684	be rebutted by clear and convincing evidence.
685	4.  Any submittal of a proposed change to a previously
686	approved development shall include a description of individual
687	changes previously made to the development, including changes
688	previously approved by the local government. The local
689	government shall consider the previous and current proposed
690	changes in deciding whether such changes cumulatively constitute
691	a substantial deviation requiring further development-of-
692	regional-impact review.
693	5.  The following changes to an approved development of
694	regional impact shall be presumed to create a substantial
695	deviation. Such presumption may be rebutted by clear and
696	convincing evidence.
697	a.  A change proposed for 15 percent or more of the acreage
698	to a land use not previously approved in the development order.
699	Changes of less than 15 percent shall be presumed not to create
700	a substantial deviation.
701	b.  Except for the types of uses listed in subparagraph
702	(b)16., any change which would result in the development of any
703	area which was specifically set aside in the application for
704	development approval or in the development order for
705	preservation, buffers, or special protection, including habitat
706	for plant and animal species, archaeological and historical
707	sites, dunes, and other special areas.
708	b.c.  Notwithstanding any provision of paragraph (b) to the
709	contrary, a proposed change consisting of simultaneous increases
710	and decreases of at least two of the uses within an authorized
711	multiuse development of regional impact which was originally
712	approved with three or more uses specified in s. 380.0651(3)(c),
713	(d), (f), and (g) and residential use.
714	(f)1.  The state land planning agency shall establish by
715	rule standard forms for submittal of proposed changes to a
716	previously approved development of regional impact which may
717	require further development-of-regional-impact review. At a
718	minimum, the standard form shall require the developer to
719	provide the precise language that the developer proposes to
720	delete or add as an amendment to the development order.
721	2.  The developer shall submit, simultaneously, to the
722	local government, the regional planning agency, and the state
723	land planning agency the request for approval of a proposed
724	change.
725	3.  No sooner than 30 days but no later than 45 days after
726	submittal by the developer to the local government, the state
727	land planning agency, and the appropriate regional planning
728	agency, the local government shall give 15 days' notice and
729	schedule a public hearing to consider the change that the
730	developer asserts does not create a substantial deviation. This
731	public hearing shall be held within 60 90 days after submittal
732	of the proposed changes, unless that time is extended by the
733	developer.
734	4.  The appropriate regional planning agency or the state
735	land planning agency shall review the proposed change and, no
736	later than 45 days after submittal by the developer of the
737	proposed change, unless that time is extended by the developer,
738	and prior to the public hearing at which the proposed change is
739	to be considered, shall advise the local government in writing
740	whether it objects to the proposed change, shall specify the
741	reasons for its objection, if any, and shall provide a copy to
742	the developer.
743	5.  At the public hearing, the local government shall
744	determine whether the proposed change requires further
745	development-of-regional-impact review. The provisions of
746	paragraphs (a) and (e), the thresholds set forth in paragraph
747	(b), and the presumptions set forth in paragraphs (c) and (d)
748	and subparagraph (e)3. shall be applicable in determining
749	whether further development-of-regional-impact review is
750	required.
751	6.  If the local government determines that the proposed
752	change does not require further development-of-regional-impact
753	review and is otherwise approved, or if the proposed change is
754	not subject to a hearing and determination pursuant to
755	subparagraphs 3. and 5. and is otherwise approved, the local
756	government shall issue an amendment to the development order
757	incorporating the approved change and conditions of approval
758	relating to the change. The decision of the local government to
759	approve, with or without conditions, or to deny the proposed
760	change that the developer asserts does not require further
761	review shall be subject to the appeal provisions of s. 380.07.
762	However, the state land planning agency may not appeal the local
763	government decision if it did not comply with subparagraph 4.
764	The state land planning agency may not appeal a change to a
765	development order made pursuant to subparagraph (e)1. or
766	subparagraph (e)2. for developments of regional impact approved
767	after January 1, 1980, unless the change would result in a
768	significant impact to a regionally significant archaeological,
769	historical, or natural resource not previously identified in the
770	original development-of-regional-impact review.
771	(g)  If a proposed change requires further development-of-
772	regional-impact review pursuant to this section, the review
773	shall be conducted subject to the following additional
774	conditions:
775	1.  The development-of-regional-impact review conducted by
776	the appropriate regional planning agency shall address only
777	those issues raised by the proposed change except as provided in
778	subparagraph 2.
779	2.  The regional planning agency shall consider, and the
780	local government shall determine whether to approve, approve
781	with conditions, or deny the proposed change as it relates to
782	the entire development. If the local government determines that
783	the proposed change, as it relates to the entire development, is
784	unacceptable, the local government shall deny the change.
785	3.  If the local government determines that the proposed
786	change, as it relates to the entire development, should be
787	approved, any new conditions in the amendment to the development
788	order issued by the local government shall address only those
789	issues raised by the proposed change and require mitigation only
790	for the individual and cumulative impacts of the proposed
791	change.
792	4.  Development within the previously approved development
793	of regional impact may continue, as approved, during the
794	development-of-regional-impact review in those portions of the
795	development which are not directly affected by the proposed
796	change.
797	(h)  When further development-of-regional-impact review is
798	required because a substantial deviation has been determined or
799	admitted by the developer, the amendment to the development
800	order issued by the local government shall be consistent with
801	the requirements of subsection (15) and shall be subject to the
802	hearing and appeal provisions of s. 380.07. The state land
803	planning agency or the appropriate regional planning agency need
804	not participate at the local hearing in order to appeal a local
805	government development order issued pursuant to this paragraph.
806	(i)  An increase in the number of residential dwelling
807	units shall not constitute a substantial deviation and shall not
808	be subject to development-of-regional-impact review for
809	additional impacts provided that all the residential dwelling
810	units are dedicated to workforce housing. For purposes of this
811	paragraph, the term "workforce housing" means housing that is
812	affordable to a person who earns less than 150 percent of the
813	area median income.
814	(24)  STATUTORY EXEMPTIONS.--
815	(a)  Any proposed hospital which has a designed capacity of
816	not more than 100 beds is exempt from the provisions of this
817	section.
818	(b)  Any proposed electrical transmission line or
819	electrical power plant is exempt from the provisions of this
820	section, except any steam or solar electrical generating
821	facility of less than 50 megawatts in capacity attached to a
822	development of regional impact.
823	(c)  Any proposed addition to an existing sports facility
824	complex is exempt from the provisions of this section if the
825	addition meets the following characteristics:
826	1.  It would not operate concurrently with the scheduled
827	hours of operation of the existing facility.
828	2.  Its seating capacity would be no more than 75 percent
829	of the capacity of the existing facility.
830	3.  The sports facility complex property is owned by a
831	public body prior to July 1, 1983.
832
833	This exemption does not apply to any pari-mutuel facility.
834	(d)  Any proposed addition or cumulative additions
835	subsequent to July 1, 1988, to an existing sports facility
836	complex owned by a state university is exempt if the increased
837	seating capacity of the complex is no more than 30 percent of
838	the capacity of the existing facility.
839	(e)  Any addition of permanent seats or parking spaces for
840	an existing sports facility located on property owned by a
841	public body prior to July 1, 1973, is exempt from the provisions
842	of this section if future additions do not expand existing
843	permanent seating or parking capacity more than 15 percent
844	annually in excess of the prior year's capacity.
845	(f)  Any increase in the seating capacity of an existing
846	sports facility having a permanent seating capacity of at least
847	50,000 spectators is exempt from the provisions of this section,
848	provided that such an increase does not increase permanent
849	seating capacity by more than 5 percent per year and not to
850	exceed a total of 10 percent in any 5-year period, and provided
851	that the sports facility notifies the appropriate local
852	government within which the facility is located of the increase
853	at least 6 months prior to the initial use of the increased
854	seating, in order to permit the appropriate local government to
855	develop a traffic management plan for the traffic generated by
856	the increase. Any traffic management plan shall be consistent
857	with the local comprehensive plan, the regional policy plan, and
858	the state comprehensive plan.
859	(g)  Any expansion in the permanent seating capacity or
860	additional improved parking facilities of an existing sports
861	facility is exempt from the provisions of this section, if the
862	following conditions exist:
863	1.a.  The sports facility had a permanent seating capacity
864	on January 1, 1991, of at least 41,000 spectator seats;
865	b.  The sum of such expansions in permanent seating
866	capacity does not exceed a total of 10 percent in any 5-year
867	period and does not exceed a cumulative total of 20 percent for
868	any such expansions; or
869	c.  The increase in additional improved parking facilities
870	is a one-time addition and does not exceed 3,500 parking spaces
871	serving the sports facility; and
872	2.  The local government having jurisdiction of the sports
873	facility includes in the development order or development permit
874	approving such expansion under this paragraph a finding of fact
875	that the proposed expansion is consistent with the
876	transportation, water, sewer and stormwater drainage provisions
877	of the approved local comprehensive plan and local land
878	development regulations relating to those provisions.
879
880	Any owner or developer who intends to rely on this statutory
881	exemption shall provide to the department a copy of the local
882	government application for a development permit. Within 45 days
883	of receipt of the application, the department shall render to
884	the local government an advisory and nonbinding opinion, in
885	writing, stating whether, in the department's opinion, the
886	prescribed conditions exist for an exemption under this
887	paragraph. The local government shall render the development
888	order approving each such expansion to the department. The
889	owner, developer, or department may appeal the local government
890	development order pursuant to s. 380.07, within 45 days after
891	the order is rendered. The scope of review shall be limited to
892	the determination of whether the conditions prescribed in this
893	paragraph exist. If any sports facility expansion undergoes
894	development of regional impact review, all previous expansions
895	which were exempt under this paragraph shall be included in the
896	development of regional impact review.
897	(h)  Expansion to port harbors, spoil disposal sites,
898	navigation channels, turning basins, harbor berths, and other
899	related inwater harbor facilities of ports listed in s.
900	403.021(9)(b), port transportation facilities and projects
901	listed in s. 311.07(3)(b), and intermodal transportation
902	facilities identified pursuant to s. 311.09(3) are exempt from
903	the provisions of this section when such expansions, projects,
904	or facilities are consistent with comprehensive master plans
905	that are in compliance with the provisions of s. 163.3178.
906	(i)  Any proposed facility for the storage of any petroleum
907	product or any expansion of an existing facility is exempt from
908	the provisions of this section, if the facility is consistent
909	with a local comprehensive plan that is in compliance with s.
910	163.3177 or is consistent with a comprehensive port master plan
911	that is in compliance with s. 163.3178.
912	(j)  Any renovation or redevelopment within the same land
913	parcel which does not change land use or increase density or
914	intensity of use.
915	(k)1.  Waterport and marina development, including dry
916	storage facilities, are exempt from the provisions of this
917	section Any waterport or marina development is exempt from the
918	provisions of this section if the relevant county or
919	municipality has adopted a boating facility siting plan or
920	policy which includes applicable criteria, considering such
921	factors as natural resources, manatee protection needs and
922	recreation and economic demands as generally outlined in the
923	Bureau of Protected Species Management Boat Facility Siting
924	Guide, dated August 2000, into the coastal management or land
925	use element of its comprehensive plan. The adoption of boating
926	facility siting plans or policies into the comprehensive plan is
927	exempt from the provisions of s. 163.3187(1). Any waterport or
928	marina development within the municipalities or counties with
929	boating facility siting plans or policies that meet the above
930	criteria, adopted prior to April 1, 2002, are exempt from the
931	provisions of this section, when their boating facility siting
932	plan or policy is adopted as part of the relevant local
933	government's comprehensive plan.
934	2.  Within 6 months of the effective date of this law, The
935	Department of Community Affairs, in conjunction with the
936	Department of Environmental Protection and the Florida Fish and
937	Wildlife Conservation Commission, shall provide technical
938	assistance and guidelines, including model plans, policies and
939	criteria to local governments for the development of their
940	siting plans.
941	(l)  Any proposed development within an urban service
942	boundary established under s. 163.3177(14) is exempt from the
943	provisions of this section if the local government having
944	jurisdiction over the area where the development is proposed has
945	adopted the urban service boundary, and has entered into a
946	binding agreement with adjacent jurisdictions that would be
947	impacted and with the Department of Transportation regarding the
948	mitigation of impacts on state and regional transportation
949	facilities, and has adopted a proportionate share methodology
950	pursuant to s. 163.3180(16).
951	(m)  Any proposed development within a rural land
952	stewardship area created under s. 163.3177(11)(d) is exempt from
953	the provisions of this section if the local government that has
954	adopted the rural land stewardship area has entered into a
955	binding agreement with jurisdictions that would be impacted and
956	the Department of Transportation regarding the mitigation of
957	impacts on state and regional transportation facilities, and has
958	adopted a proportionate share methodology pursuant to s.
959	163.3180(16).
960	(n)  Any proposed development or redevelopment within an
961	area designated as an urban infill and redevelopment area under
962	s. 163.2517 is exempt from the provisions of this section if the
963	local government has entered into a binding agreement with
964	jurisdictions that would be impacted and the Department of
965	Transportation regarding the mitigation of impacts on state and
966	regional transportation facilities, and has adopted a
967	proportionate share methodology pursuant to s. 163.3180(16).
968	(o)  The establishment, relocation, or expansion of any
969	military installation as defined in s. 163.3175, is exempt from
970	this section.
971	(p)  Any self-storage warehousing that does not allow
972	retail or other services is exempt from this section.
973	(q)  Any proposed nursing home or assisted living facility
974	is exempt from this section.
975	(r)  Any development identified in an airport master plan
976	and adopted into the comprehensive plan pursuant to s.
977	163.3177(6)(k) is exempt from this section.
978	(s)  Any development identified in a campus master plan and
979	adopted pursuant to s. 1013.30 is exempt from this section.
980	(t)  Any development in a specific area plan which is
981	prepared pursuant to s. 163.3245 and adopted into the
982	comprehensive plan is exempt from this section.
983
984	If a use is exempt from review as a development of regional
985	impact under paragraphs (a)-(t) but will be part of a larger
986	project that is subject to review as a development of regional
987	impact, the impact of the exempt use must be included in the
988	review of the larger project.
989	(28)  PARTIAL STATUTORY EXEMPTIONS.--
990	(a)  If the binding agreement referenced under paragraph
991	(24)(l) for urban service boundaries is not entered into within
992	12 months after establishment of the urban service boundary, the
993	development-of-regional-impact review for projects within the
994	urban service boundary must address transportation impacts only.
995	(b)  If the binding agreement referenced under paragraph
996	(24)(m) for rural land stewardship areas is not entered into
997	within 12 months after the designation of a rural land
998	stewardship area, the development-of-regional-impact review for
999	projects within the rural land stewardship area must address
1000	transportation impacts only.
1001	(c)  If the binding agreement referenced under paragraph
1002	(24)(n) for designated urban infill and redevelopment areas is
1003	not entered into within 12 months after the designation of the
1004	area or July 1, 2007, whichever occurs later, the development-
1005	of-regional-impact review for projects within the urban infill
1006	and redevelopment area must address transportation impacts only.
1007	(d)  A local government that does not wish to enter into a
1008	binding agreement or that is unable to agree on the terms of the
1009	agreement referenced under paragraph (24)(l), paragraph (24)(m),
1010	or paragraph (24)(n) shall provide written notification to the
1011	state land planning agency of the decision to not enter into a
1012	binding agreement or the failure to enter into a binding
1013	agreement within the 12-month period referenced in paragraphs
1014	(a), (b) and (c). Following the notification of the state land
1015	planning agency, development-of-regional-impact review for
1016	projects within an urban service boundary under paragraph
1017	(24)(l), a rural land stewardship area under paragraph (24)(m),
1018	or an urban infill and redevelopment area under paragraph
1019	(24)(n), must address transportation impacts only.
1020	Section 7.  Paragraphs (d) and (e) of subsection (3) of
1021	section 380.0651, Florida Statutes, are amended, paragraphs (f)
1022	through (j) are redesignated as (e) through (i), respectively,
1023	and a new paragraph (j) is added to that subsection, to read:
1024	380.0651  Statewide guidelines and standards.--
1025	(3)  The following statewide guidelines and standards shall
1026	be applied in the manner described in s. 380.06(2) to determine
1027	whether the following developments shall be required to undergo
1028	development-of-regional-impact review:
1029	(d)  Office development.--Any proposed office building or
1030	park operated under common ownership, development plan, or
1031	management that:
1032	1.  Encompasses 300,000 or more square feet of gross floor
1033	area; or
1034	2.  Encompasses more than 600,000 square feet of gross
1035	floor area in a county with a population greater than 500,000
1036	and only in a geographic area specifically designated as highly
1037	suitable for increased threshold intensity in the approved local
1038	comprehensive plan and in the strategic regional policy plan.
1039	(e)  Port facilities.--The proposed construction of any
1040	waterport or marina is required to undergo
1041	development-of-regional-impact review, except one designed for:
1042	1.a.  The wet storage or mooring of fewer than 150
1043	watercraft used exclusively for sport, pleasure, or commercial
1044	fishing, or
1045	b.  The dry storage of fewer than 200 watercraft used
1046	exclusively for sport, pleasure, or commercial fishing, or
1047	c.  The wet or dry storage or mooring of fewer than 150
1048	watercraft on or adjacent to an inland freshwater lake except
1049	Lake Okeechobee or any lake which has been designated an
1050	Outstanding Florida Water, or
1051	d.  The wet or dry storage or mooring of fewer than 50
1052	watercraft of 40 feet in length or less of any type or purpose.
1053	The exceptions to this paragraph's requirements for development-
1054	of-regional-impact review shall not apply to any waterport or
1055	marina facility located within or which serves physical
1056	development located within a coastal barrier resource unit on an
1057	unbridged barrier island designated pursuant to 16 U.S.C. s.
1058	3501.
1059
1060	In addition to the foregoing, for projects for which no
1061	environmental resource permit or sovereign submerged land lease
1062	is required, the Department of Environmental Protection must
1063	determine in writing that a proposed marina in excess of 10
1064	slips or storage spaces or a combination of the two is located
1065	so that it will not adversely impact Outstanding Florida Waters
1066	or Class II waters and will not contribute boat traffic in a
1067	manner that will have an adverse impact on an area known to be,
1068	or likely to be, frequented by manatees. If the Department of
1069	Environmental Protection fails to issue its determination within
1070	45 days of receipt of a formal written request, it has waived
1071	its authority to make such determination. The Department of
1072	Environmental Protection determination shall constitute final
1073	agency action pursuant to chapter 120.
1074	2.  The dry storage of fewer than 300 watercraft used
1075	exclusively for sport, pleasure, or commercial fishing at a
1076	marina constructed and in operation prior to July 1, 1985.
1077	3.  Any proposed marina development with both wet and dry
1078	mooring or storage used exclusively for sport, pleasure, or
1079	commercial fishing, where the sum of percentages of the
1080	applicable wet and dry mooring or storage thresholds equals 100
1081	percent. This threshold is in addition to, and does not
1082	preclude, a development from being required to undergo
1083	development-of-regional-impact review under sub-subparagraphs
1084	1.a. and b. and subparagraph 2.
1085	(j)  Workforce housing.--The applicable guidelines for
1086	residential development and the residential component for
1087	multiuse development shall be increased by 50 percent where the
1088	developer demonstrates that at least 15 percent of the
1089	residential dwelling units will be dedicated to workforce
1090	housing. For purposes of this paragraph, the term "workforce
1091	housing" means housing that is affordable to a person who earns
1092	less than 150 percent of the area median income.
1093	Section 8.  Section 380.07, Florida Statutes, is amended to
1094	read:
1095	380.07  Florida Land and Water Adjudicatory Commission.--
1096	(1)  There is hereby created the Florida Land and Water
1097	Adjudicatory Commission, which shall consist of the
1098	Administration Commission. The commission may adopt rules
1099	necessary to ensure compliance with the area of critical state
1100	concern program and the requirements for developments of
1101	regional impact as set forth in this chapter.
1102	(2)  Whenever any local government issues any development
1103	order in any area of critical state concern, or in regard to any
1104	development of regional impact, copies of such orders as
1105	prescribed by rule by the state land planning agency shall be
1106	transmitted to the state land planning agency, the regional
1107	planning agency, and the owner or developer of the property
1108	affected by such order. The state land planning agency shall
1109	adopt rules describing development order rendition and
1110	effectiveness in designated areas of critical state concern.
1111	Within 45 days after the order is rendered, the owner, the
1112	developer, or the state land planning agency may appeal the
1113	order to the Florida Land and Water Adjudicatory Commission by
1114	filing a petition alleging that the development order is not
1115	consistent with the provisions of this part notice of appeal
1116	with the commission. The appropriate regional planning agency by
1117	vote at a regularly scheduled meeting may recommend that the
1118	state land planning agency undertake an appeal of a development-
1119	of-regional-impact development order. Upon the request of an
1120	appropriate regional planning council, affected local
1121	government, or any citizen, the state land planning agency shall
1122	consider whether to appeal the order and shall respond to the
1123	request within the 45-day appeal period. Any appeal taken by a
1124	regional planning agency between March 1, 1993, and the
1125	effective date of this section may only be continued if the
1126	state land planning agency has also filed an appeal. Any appeal
1127	initiated by a regional planning agency on or before March 1,
1128	1993, shall continue until completion of the appeal process and
1129	any subsequent appellate review, as if the regional planning
1130	agency were authorized to initiate the appeal.
1131	(3)  Notwithstanding any other provision of law, an appeal
1132	of a development order by the state land planning agency under
1133	this section may include consistency of the development order
1134	with the local comprehensive plan. However, if a development
1135	order relating to a development of regional impact has been
1136	challenged in a proceeding under s. 163.3215 and a party to the
1137	proceeding serves notice to the state land planning agency of
1138	the pending proceeding under s. 163.3215, the state land
1139	planning agency shall:
1140	(a)  Raise its consistency issues by intervening as a full
1141	party in the pending proceeding under s. 163.3215 within 30 days
1142	after service of the notice; and
1143	(b)  Dismiss the consistency issues from the development
1144	order appeal.
1145	(4)  The appellant shall furnish a copy of the petition to
1146	the opposing party, as the case may be, and to the local
1147	government that issued the order. The filing of the petition
1148	stays the effectiveness of the order until after the completion
1149	of the appeal process.
1150	(5)(3)  The 45-day appeal period for a development of
1151	regional impact within the jurisdiction of more than one local
1152	government shall not commence until after all the local
1153	governments having jurisdiction over the proposed development of
1154	regional impact have rendered their development orders. The
1155	appellant shall furnish a copy of the notice of appeal to the
1156	opposing party, as the case may be, and to the local government
1157	which issued the order. The filing of the notice of appeal shall
1158	stay the effectiveness of the order until after the completion
1159	of the appeal process.
1160	(6)(4)  Prior to issuing an order, the Florida Land and
1161	Water Adjudicatory Commission shall hold a hearing pursuant to
1162	the provisions of chapter 120. The commission shall encourage
1163	the submission of appeals on the record made below in cases in
1164	which the development order was issued after a full and complete
1165	hearing before the local government or an agency thereof.
1166	(7)(5)  The Florida Land and Water Adjudicatory Commission
1167	shall issue a decision granting or denying permission to develop
1168	pursuant to the standards of this chapter and may attach
1169	conditions and restrictions to its decisions.
1170	(6)  If an appeal is filed with respect to any issues
1171	within the scope of a permitting program authorized by chapter
1172	161, chapter 373, or chapter 403 and for which a permit or
1173	conceptual review approval has been obtained prior to the
1174	issuance of a development order, any such issue shall be
1175	specifically identified in the notice of appeal which is filed
1176	pursuant to this section, together with other issues which
1177	constitute grounds for the appeal. The appeal may proceed with
1178	respect to issues within the scope of permitting programs for
1179	which a permit or conceptual review approval has been obtained
1180	prior to the issuance of a development order only after the
1181	commission determines by majority vote at a regularly scheduled
1182	commission meeting that statewide or regional interests may be
1183	adversely affected by the development. In making this
1184	determination, there shall be a rebuttable presumption that
1185	statewide and regional interests relating to issues within the
1186	scope of the permitting programs for which a permit or
1187	conceptual approval has been obtained are not adversely
1188	affected.
1189	Section 9.  Section 380.115, Florida Statutes, is amended
1190	to read:
1191	380.115  Vested rights and duties; effect of size
1192	reduction, changes in guidelines and standards chs. 2002-20 and
1193	2002-296.--
1194	(1)  A change in a development-of-regional-impact guideline
1195	and standard does not abridge Nothing contained in this act
1196	abridges or modify modifies any vested or other right or any
1197	duty or obligation pursuant to any development order or
1198	agreement that is applicable to a development of regional impact
1199	on the effective date of this act. A development that has
1200	received a development-of-regional-impact development order
1201	pursuant to s. 380.06, but is no longer required to undergo
1202	development-of-regional-impact review by operation of a change
1203	in the guidelines and standards or has reduced its size below
1204	the thresholds in s. 380.0651 of this act, shall be governed by
1205	the following procedures:
1206	(a)  The development shall continue to be governed by the
1207	development-of-regional-impact development order and may be
1208	completed in reliance upon and pursuant to the development order
1209	unless the developer or landowner has followed the procedures
1210	for rescission in paragraph (b). Any proposed changes to those
1211	developments which continue to be governed by a development
1212	order shall be approved pursuant to s. 380.06(19) as it existed
1213	prior to a change in the development-of-regional-impact
1214	guidelines and standards except that all percentage criteria
1215	shall be doubled and all other criteria shall be increased by 10
1216	percent. The development-of-regional-impact development order
1217	may be enforced by the local government as provided by ss.
1218	380.06(17) and 380.11.
1219	(b)  If requested by the developer or landowner, the
1220	development-of-regional-impact development order shall may be
1221	rescinded by the local government having jurisdiction upon a
1222	showing that all required mitigation related to the amount of
1223	development that existed on the date of rescission has been
1224	completed abandoned pursuant to the process in s. 380.06(26).
1225	(2)  A development with an application for development
1226	approval pending, and determined sufficient pursuant to s.
1227	380.06 s. 380.06(10), on the effective date of a change to the
1228	guidelines and standards this act, or a notification of proposed
1229	change pending on the effective date of a change to the
1230	guidelines and standards this act, may elect to continue such
1231	review pursuant to s. 380.06. At the conclusion of the pending
1232	review, including any appeals pursuant to s. 380.07, the
1233	resulting development order shall be governed by the provisions
1234	of subsection (1).
1235	(3)  A landowner that has filed an application for a
1236	development-of-regional-impact review prior to the adoption of
1237	an optional sector plan pursuant to s. 163.3245 may elect to
1238	have the application reviewed pursuant to s. 380.06,
1239	comprehensive plan provisions in force prior to adoption of the
1240	sector plan, and any requested comprehensive plan amendments
1241	that accompany the application.
1242	Section 10.  Paragraph (i) of subsection (2) of section
1243	403.813, Florida Statutes, is amended to read:
1244	403.813  Permits issued at district centers; exceptions.--
1245	(2)  A permit is not required under this chapter, chapter
1246	373, chapter 61-691, Laws of Florida, or chapter 25214 or
1247	chapter 25270, 1949, Laws of Florida, for activities associated
1248	with the following types of projects; however, except as
1249	otherwise provided in this subsection, nothing in this
1250	subsection relieves an applicant from any requirement to obtain
1251	permission to use or occupy lands owned by the Board of Trustees
1252	of the Internal Improvement Trust Fund or any water management
1253	district in its governmental or proprietary capacity or from
1254	complying with applicable local pollution control programs
1255	authorized under this chapter or other requirements of county
1256	and municipal governments:
1257	(i)  The construction of private docks of 1,000 square feet
1258	or less of over-water surface area and seawalls in artificially
1259	created waterways where such construction will not violate
1260	existing water quality standards, impede navigation, or affect
1261	flood control. This exemption does not apply to the construction
1262	of vertical seawalls in estuaries or lagoons unless the proposed
1263	construction is within an existing manmade canal where the
1264	shoreline is currently occupied in whole or part by vertical
1265	seawalls.
1266	Section 11.  This act shall take effect July 1, 2006.

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