HB 0683

CS

CHAMBER ACTION

1	The State Infrastructure Council 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	recreational surface water use policies; providing
9	criteria and exemptions for such policies; authorizing
10	assistance for the development of such policies; directing
11	the Office of Program Policy Analysis and Government
12	Accountability to submit a report to the Legislature;
13	revising a provision relating to the amount of
14	transferrable land use credits; amending s. 163.3180,
15	F.S.; conforming a cross-reference; amending s. 197.303,
16	F.S.; revising the criteria for ad valorem tax deferral
17	for working waterfront properties; including public
18	lodging establishments in the description of working
19	waterfront properties; amending s. 342.07, F.S.; adding
20	recreational activities as an important state interest;
21	including public lodging establishments within the
22	definition of the term "recreational and commercial
23	working waterfront"; creating s. 373.4132, F.S.; directing
24	water management district governing boards and the
25	Department of Environmental Protection to require permits
26	for certain activities relating to certain dry storage
27	facilities; providing criteria for application of such
28	permits; preserving regulatory authority for the
29	department and governing boards; amending s. 380.06, F.S.;
30	providing for the state land planning agency to determine
31	the amount of development that remains to be built in
32	certain circumstances; specifying certain requirements for
33	a development order; revising the circumstances in which a
34	local government may issue permits for development
35	subsequent to the buildout date; revising the definition
36	of an essentially built-out development; revising the
37	criteria under which a proposed change constitutes a
38	substantial deviation; providing criteria for calculating
39	certain deviations; clarifying the criteria under which
40	the extension of a buildout date is presumed to create a
41	substantial deviation; requiring that notice of any change
42	to certain set-aside areas be submitted to the local
43	government; requiring that notice of certain changes be
44	given to the state land planning agency, regional planning
45	agency, and local government; revising the statutory
46	exemptions from development-of-regional-impact review for
47	certain facilities; removing waterport and marina
48	developments from development-of-regional-impact review;
49	providing statutory exemptions and partial statutory
50	exemptions for the development of certain facilities;
51	providing that the impacts from an exempt use that will be
52	part of a larger project be included in the development-
53	of-regional-impact review of the larger project; providing
54	that vesting provisions relating to authorized
55	developments of regional impact are not applicable to
56	certain projects; amending s. 380.0651, F.S.; revising the
57	statewide guidelines and standards for development-of-
58	regional-impact review of office developments; deleting
59	such guidelines and standards for port facilities;
60	revising such guidelines and standards for residential
61	developments; providing such guidelines and standards for
62	workforce housing; amending s. 380.07, F.S.; revising the
63	appellate procedures for development orders within a
64	development of regional impact to the Florida Land and
65	Water Adjudicatory Commission; amending s. 380.115, F.S.;
66	providing that a change in a development-of-regional-
67	impact guideline and standard does not abridge or modify
68	any vested right or duty under a development order;
69	providing a process for the rescission of a development
70	order by the local government in certain circumstances;
71	providing an exemption for certain applications for
72	development approval and notices of proposed changes;
73	amending s. 403.813, F.S.; revising permitting exceptions
74	for the construction of private docks in certain
75	waterways; providing an effective date.
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1.  Paragraph (g) of subsection (6) and paragraph
80	(d) of subsection (11) of section 163.3177, Florida Statutes,
81	are amended to read:
82	163.3177  Required and optional elements of comprehensive
83	plan; studies and surveys.--
84	(6)  In addition to the requirements of subsections (1)-(5)
85	and (12), the comprehensive plan shall include the following
86	elements:
87	(g)1.  For those units of local government identified in s.
88	380.24, a coastal management element, appropriately related to
89	the particular requirements of paragraphs (d) and (e) and
90	meeting the requirements of s. 163.3178(2) and (3). The coastal
91	management element shall set forth the policies that shall guide
92	the local government's decisions and program implementation with
93	respect to the following objectives:
94	a.1.  Maintenance, restoration, and enhancement of the
95	overall quality of the coastal zone environment, including, but
96	not limited to, its amenities and aesthetic values.
97	b.2.  Continued existence of viable populations of all
98	species of wildlife and marine life.
99	c.3.  The orderly and balanced utilization and
100	preservation, consistent with sound conservation principles, of
101	all living and nonliving coastal zone resources.
102	d.4.  Avoidance of irreversible and irretrievable loss of
103	coastal zone resources.
104	e.5.  Ecological planning principles and assumptions to be
105	used in the determination of suitability and extent of permitted
106	development.
107	f.6.  Proposed management and regulatory techniques.
108	g.7.  Limitation of public expenditures that subsidize
109	development in high-hazard coastal areas.
110	h.8.  Protection of human life against the effects of
111	natural disasters.
112	i.9.  The orderly development, maintenance, and use of
113	ports identified in s. 403.021(9) to facilitate deepwater
114	commercial navigation and other related activities.
115	j.10.  Preservation, including sensitive adaptive use of
116	historic and archaeological resources.
117	2.  As part of this element, a local government that has a
118	coastal management element in its comprehensive plan is
119	encouraged to adopt recreational surface water use policies that
120	include applicable criteria for and consider such factors as
121	natural resources, manatee protection needs, protection of
122	working waterfronts and public access to the water, and
123	recreation and economic demands. Criteria for manatee protection
124	in the recreational surface water use policies should reflect
125	applicable guidance outlined in the Boat Facility Siting Guide
126	prepared by the Fish and Wildlife Conservation Commission. If
127	the local government elects to adopt recreational surface water
128	use policies by comprehensive plan amendment, such comprehensive
129	plan amendment is exempt from the provisions of s. 163.3187(1).
130	Local governments that wish to adopt recreational surface water
131	use policies may be eligible for assistance with the development
132	of such policies through the Florida Coastal Management Program.
133	The Office of Program Policy Analysis and Government
134	Accountability shall submit a report on the adoption of
135	recreational surface water use policies under this subparagraph
136	to the President of the Senate, the Speaker of the House of
137	Representatives, and the majority and minority leaders of the
138	Senate and the House of Representatives no later than December
139	1, 2010.
140	(11)
141	(d)1.  The department, in cooperation with the Department
142	of Agriculture and Consumer Services, the Department of
143	Environmental Protection, water management districts, and
144	regional planning councils, shall provide assistance to local
145	governments in the implementation of this paragraph and rule 9J-
146	5.006(5)(l), Florida Administrative Code. Implementation of
147	those provisions shall include a process by which the department
148	may authorize local governments to designate all or portions of
149	lands classified in the future land use element as predominantly
150	agricultural, rural, open, open-rural, or a substantively
151	equivalent land use, as a rural land stewardship area within
152	which planning and economic incentives are applied to encourage
153	the implementation of innovative and flexible planning and
154	development strategies and creative land use planning
155	techniques, including those contained herein and in rule 9J-
156	5.006(5)(l), Florida Administrative Code. Assistance may
157	include, but is not limited to:
158	a.  Assistance from the Department of Environmental
159	Protection and water management districts in creating the
160	geographic information systems land cover database and aerial
161	photogrammetry needed to prepare for a rural land stewardship
162	area;
163	b.  Support for local government implementation of rural
164	land stewardship concepts by providing information and
165	assistance to local governments regarding land acquisition
166	programs that may be used by the local government or landowners
167	to leverage the protection of greater acreage and maximize the
168	effectiveness of rural land stewardship areas; and
169	c.  Expansion of the role of the Department of Community
170	Affairs as a resource agency to facilitate establishment of
171	rural land stewardship areas in smaller rural counties that do
172	not have the staff or planning budgets to create a rural land
173	stewardship area.
174	2.  The department shall encourage participation by local
175	governments of different sizes and rural characteristics in
176	establishing and implementing rural land stewardship areas. It
177	is the intent of the Legislature that rural land stewardship
178	areas be used to further the following broad principles of rural
179	sustainability: restoration and maintenance of the economic
180	value of rural land; control of urban sprawl; identification and
181	protection of ecosystems, habitats, and natural resources;
182	promotion of rural economic activity; maintenance of the
183	viability of Florida's agricultural economy; and protection of
184	the character of rural areas of Florida. Rural land stewardship
185	areas may be multicounty in order to encourage coordinated
186	regional stewardship planning.
187	3.  A local government, in conjunction with a regional
188	planning council, a stakeholder organization of private land
189	owners, or another local government, shall notify the department
190	in writing of its intent to designate a rural land stewardship
191	area. The written notification shall describe the basis for the
192	designation, including the extent to which the rural land
193	stewardship area enhances rural land values, controls urban
194	sprawl, provides necessary open space for agriculture and
195	protection of the natural environment, promotes rural economic
196	activity, and maintains rural character and the economic
197	viability of agriculture.
198	4.  A rural land stewardship area shall be not less than
199	10,000 acres and shall be located outside of municipalities and
200	established urban growth boundaries, and shall be designated by
201	plan amendment. The plan amendment designating a rural land
202	stewardship area shall be subject to review by the Department of
203	Community Affairs pursuant to s. 163.3184 and shall provide for
204	the following:
205	a.  Criteria for the designation of receiving areas within
206	rural land stewardship areas in which innovative planning and
207	development strategies may be applied. Criteria shall at a
208	minimum provide for the following: adequacy of suitable land to
209	accommodate development so as to avoid conflict with
210	environmentally sensitive areas, resources, and habitats;
211	compatibility between and transition from higher density uses to
212	lower intensity rural uses; the establishment of receiving area
213	service boundaries which provide for a separation between
214	receiving areas and other land uses within the rural land
215	stewardship area through limitations on the extension of
216	services; and connection of receiving areas with the rest of the
217	rural land stewardship area using rural design and rural road
218	corridors.
219	b.  Goals, objectives, and policies setting forth the
220	innovative planning and development strategies to be applied
221	within rural land stewardship areas pursuant to the provisions
222	of this section.
223	c.  A process for the implementation of innovative planning
224	and development strategies within the rural land stewardship
225	area, including those described in this subsection and rule 9J-
226	5.006(5)(l), Florida Administrative Code, which provide for a
227	functional mix of land uses, including adequate available
228	workforce housing, including low, very-low and moderate income
229	housing for the development anticipated in the receiving area
230	and which are applied through the adoption by the local
231	government of zoning and land development regulations applicable
232	to the rural land stewardship area.
233	d.  A process which encourages visioning pursuant to s.
234	163.3167(11) to ensure that innovative planning and development
235	strategies comply with the provisions of this section.
236	e.  The control of sprawl through the use of innovative
237	strategies and creative land use techniques consistent with the
238	provisions of this subsection and rule 9J-5.006(5)(l), Florida
239	Administrative Code.
240	5.  A receiving area shall be designated by the adoption of
241	a land development regulation. Prior to the designation of a
242	receiving area, the local government shall provide the
243	Department of Community Affairs a period of 30 days in which to
244	review a proposed receiving area for consistency with the rural
245	land stewardship area plan amendment and to provide comments to
246	the local government. At the time of designation of a
247	stewardship receiving area, a listed species survey will be
248	performed. If listed species occur on the receiving area site,
249	the developer shall coordinate with each appropriate local,
250	state, or federal agency to determine if adequate provisions
251	have been made to protect those species in accordance with
252	applicable regulations. In determining the adequacy of
253	provisions for the protection of listed species and their
254	habitats, the rural land stewardship area shall be considered as
255	a whole, and the impacts to areas to be developed as receiving
256	areas shall be considered together with the environmental
257	benefits of areas protected as sending areas in fulfilling this
258	criteria.
259	6.  Upon the adoption of a plan amendment creating a rural
260	land stewardship area, the local government shall, by ordinance,
261	establish the methodology for the creation, conveyance, and use
262	of transferable rural land use credits, otherwise referred to as
263	stewardship credits, the application of which shall not
264	constitute a right to develop land, nor increase density of
265	land, except as provided by this section. The total amount of
266	transferable rural land use credits within the rural land
267	stewardship area must enable the realization of the long-term
268	vision and goals for the 25-year or greater projected population
269	of the rural land stewardship area, which may take into
270	consideration the anticipated effect of the proposed receiving
271	areas. Transferable rural land use credits are subject to the
272	following limitations:
273	a.  Transferable rural land use credits may only exist
274	within a rural land stewardship area.
275	b.  Transferable rural land use credits may only be used on
276	lands designated as receiving areas and then solely for the
277	purpose of implementing innovative planning and development
278	strategies and creative land use planning techniques adopted by
279	the local government pursuant to this section.
280	c.  Transferable rural land use credits assigned to a
281	parcel of land within a rural land stewardship area shall cease
282	to exist if the parcel of land is removed from the rural land
283	stewardship area by plan amendment.
284	d.  Neither the creation of the rural land stewardship area
285	by plan amendment nor the assignment of transferable rural land
286	use credits by the local government shall operate to displace
287	the underlying density of land uses assigned to a parcel of land
288	within the rural land stewardship area; however, if transferable
289	rural land use credits are transferred from a parcel for use
290	within a designated receiving area, the underlying density
291	assigned to the parcel of land shall cease to exist.
292	e.  The underlying density on each parcel of land located
293	within a rural land stewardship area shall not be increased or
294	decreased by the local government, except as a result of the
295	conveyance or use of transferable rural land use credits, as
296	long as the parcel remains within the rural land stewardship
297	area.
298	f.  Transferable rural land use credits shall cease to
299	exist on a parcel of land where the underlying density assigned
300	to the parcel of land is utilized.
301	g.  An increase in the density of use on a parcel of land
302	located within a designated receiving area may occur only
303	through the assignment or use of transferable rural land use
304	credits and shall not require a plan amendment.
305	h.  A change in the density of land use on parcels located
306	within receiving areas shall be specified in a development order
307	which reflects the total number of transferable rural land use
308	credits assigned to the parcel of land and the infrastructure
309	and support services necessary to provide for a functional mix
310	of land uses corresponding to the plan of development.
311	i.  Land within a rural land stewardship area may be
312	removed from the rural land stewardship area through a plan
313	amendment.
314	j.  Transferable rural land use credits may be assigned at
315	different ratios of credits per acre according to the natural
316	resource or other beneficial use characteristics of the land and
317	according to the land use remaining following the transfer of
318	credits, with the highest number of credits per acre assigned to
319	the most environmentally valuable land or, in locations where
320	the retention of open space and agricultural land is a priority,
321	to such lands.
322	k.  The use or conveyance of transferable rural land use
323	credits must be recorded in the public records of the county in
324	which the property is located as a covenant or restrictive
325	easement running with the land in favor of the county and either
326	the Department of Environmental Protection, Department of
327	Agriculture and Consumer Services, a water management district,
328	or a recognized statewide land trust.
329	7.  Owners of land within rural land stewardship areas
330	should be provided incentives to enter into rural land
331	stewardship agreements, pursuant to existing law and rules
332	adopted thereto, with state agencies, water management
333	districts, and local governments to achieve mutually agreed upon
334	conservation objectives. Such incentives may include, but not be
335	limited to, the following:
336	a.  Opportunity to accumulate transferable mitigation
337	credits.
338	b.  Extended permit agreements.
339	c.  Opportunities for recreational leases and ecotourism.
340	d.  Payment for specified land management services on
341	publicly owned land, or property under covenant or restricted
342	easement in favor of a public entity.
343	e.  Option agreements for sale to public entities or
344	private land conservation entities, in either fee or easement,
345	upon achievement of conservation objectives.
346	8.  The department shall report to the Legislature on an
347	annual basis on the results of implementation of rural land
348	stewardship areas authorized by the department, including
349	successes and failures in achieving the intent of the
350	Legislature as expressed in this paragraph.
351	Section 2.  Paragraph (a) of subsection (12) of section
352	163.3180, Florida Statutes, is amended to read:
353	163.3180  Concurrency.--
354	(12)  When authorized by a local comprehensive plan, a
355	multiuse development of regional impact may satisfy the
356	transportation concurrency requirements of the local
357	comprehensive plan, the local government's concurrency
358	management system, and s. 380.06 by payment of a proportionate-
359	share contribution for local and regionally significant traffic
360	impacts, if:
361	(a)  The development of regional impact meets or exceeds
362	the guidelines and standards of s. 380.0651(3)(h)(i) and rule
363	28-24.032(2), Florida Administrative Code, and includes a
364	residential component that contains at least 100 residential
365	dwelling units or 15 percent of the applicable residential
366	guideline and standard, whichever is greater;
367
368	The proportionate-share contribution may be applied to any
369	transportation facility to satisfy the provisions of this
370	subsection and the local comprehensive plan, but, for the
371	purposes of this subsection, the amount of the proportionate-
372	share contribution shall be calculated based upon the cumulative
373	number of trips from the proposed development expected to reach
374	roadways during the peak hour from the complete buildout of a
375	stage or phase being approved, divided by the change in the peak
376	hour maximum service volume of roadways resulting from
377	construction of an improvement necessary to maintain the adopted
378	level of service, multiplied by the construction cost, at the
379	time of developer payment, of the improvement necessary to
380	maintain the adopted level of service. For purposes of this
381	subsection, "construction cost" includes all associated costs of
382	the improvement.
383	Section 3.  Subsection (3) of section 197.303, Florida
384	Statutes, is amended to read:
385	197.303  Ad valorem tax deferral for recreational and
386	commercial working waterfront properties.--
387	(3)  The ordinance shall designate the percentage or amount
388	of the deferral and the type and location of working waterfront
389	property, including the type of public lodging establishments,
390	for which deferrals may be granted, which may include any
391	property meeting the provisions of s. 342.07(2), which property
392	may be further required to be located within a particular
393	geographic area or areas of the county or municipality.
394	Section 4.  Section 342.07, Florida Statutes, is amended to
395	read:
396	342.07  Recreational and commercial working waterfronts;
397	legislative findings; definitions.--
398	(1)  The Legislature recognizes that there is an important
399	state interest in facilitating boating and other recreational
400	access to the state's navigable waters. This access is vital to
401	tourists and recreational users and the marine industry in the
402	state, to maintaining or enhancing the $57 billion economic
403	impact of tourism and the $14 billion economic impact of boating
404	in the state annually, and to ensuring continued access to all
405	residents and visitors to the navigable waters of the state. The
406	Legislature recognizes that there is an important state interest
407	in maintaining viable water-dependent support facilities, such
408	as public lodging establishments and boat hauling and repairing
409	and commercial fishing facilities, and in maintaining the
410	availability of public access to the navigable waters of the
411	state. The Legislature further recognizes that the waterways of
412	the state are important for engaging in commerce and the
413	transportation of goods and people upon such waterways and that
414	such commerce and transportation is not feasible unless there is
415	access to and from the navigable waters of the state through
416	recreational and commercial working waterfronts.
417	(2)  As used in this section, the term "recreational and
418	commercial working waterfront" means a parcel or parcels of real
419	property that provide access for water-dependent commercial and
420	recreational activities, including public lodging establishments
421	as defined in chapter 509, or provide access for the public to
422	the navigable waters of the state. Recreational and commercial
423	working waterfronts require direct access to or a location on,
424	over, or adjacent to a navigable body of water. The term
425	includes water-dependent facilities that are open to the public
426	and offer public access by vessels to the waters of the state or
427	that are support facilities for recreational, commercial,
428	research, or governmental vessels. These facilities include
429	public lodging establishments, docks, wharfs, lifts, wet and dry
430	marinas, boat ramps, boat hauling and repair facilities,
431	commercial fishing facilities, boat construction facilities, and
432	other support structures over the water. As used in this
433	section, the term "vessel" has the same meaning as in s.
434	327.02(37). Seaports are excluded from the definition.
435	Section 5.  Section 373.4132, Florida Statutes, is created
436	to read:
437	373.4132  Dry storage facility permitting.--The governing
438	board or the department shall require a permit under this part,
439	including s. 373.4145, for the construction, alteration,
440	operation, maintenance, abandonment, or removal of a dry storage
441	facility for 10 or more vessels that is functionally associated
442	with a boat launching area. As part of an applicant's
443	demonstration that such a facility will not be harmful to the
444	water resources and will not be inconsistent with the overall
445	objectives of the district, the governing board or department
446	shall require the applicant to provide reasonable assurance that
447	the secondary impacts from the facility will not cause adverse
448	impacts to the functions of wetlands and surface waters,
449	including violations of state water quality standards applicable
450	to waters as defined in s. 403.031(13), and will meet the public
451	interest test of s. 373.414(1)(a), including the potential
452	adverse impacts to manatees. Nothing in this section shall
453	affect the authority of the governing board or the department to
454	regulate such secondary impacts under this part for other
455	regulated activities.
456	Section 6.  Paragraph (d) of subsection (2), paragraphs (a)
457	and (i) of subsection (4), and subsections (15), (19), and (24)
458	of section 380.06, Florida Statutes, are amended, and subsection
459	(28) is added to that section, to read:
460	380.06  Developments of regional impact.--
461	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
462	(d)  The guidelines and standards shall be applied as
463	follows:
464	1.  Fixed thresholds.--
465	a.  A development that is below 100 percent of all
466	numerical thresholds in the guidelines and standards shall not
467	be required to undergo development-of-regional-impact review.
468	b.  A development that is at or above 120 percent of any
469	numerical threshold shall be required to undergo development-of-
470	regional-impact review.
471	c.  Projects certified under s. 403.973 which create at
472	least 100 jobs and meet the criteria of the Office of Tourism,
473	Trade, and Economic Development as to their impact on an area's
474	economy, employment, and prevailing wage and skill levels that
475	are at or below 100 percent of the numerical thresholds for
476	industrial plants, industrial parks, distribution, warehousing
477	or wholesaling facilities, office development or multiuse
478	projects other than residential, as described in s.
479	380.0651(3)(c), (d), and (h)(i), are not required to undergo
480	development-of-regional-impact review.
481	2.  Rebuttable presumption.--It shall be presumed that a
482	development that is at 100 percent or between 100 and 120
483	percent of a numerical threshold shall be required to undergo
484	development-of-regional-impact review.
485	(4)  BINDING LETTER.--
486	(a)  If any developer is in doubt whether his or her
487	proposed development must undergo development-of-regional-impact
488	review under the guidelines and standards, whether his or her
489	rights have vested pursuant to subsection (20), or whether a
490	proposed substantial change to a development of regional impact
491	concerning which rights had previously vested pursuant to
492	subsection (20) would divest such rights, the developer may
493	request a determination from the state land planning agency. The
494	developer or the appropriate local government having
495	jurisdiction may request that the state land planning agency
496	determine whether the amount of development that remains to be
497	built in an approved development of regional impact meets the
498	criteria of subparagraph (15)(g)3.
499	(i)  In response to an inquiry from a developer or the
500	appropriate local government having jurisdiction, the state land
501	planning agency may issue an informal determination in the form
502	of a clearance letter as to whether a development is required to
503	undergo development-of-regional-impact review or whether the
504	amount of development that remains to be built in an approved
505	development of regional impact meets the criteria of
506	subparagraph (15)(g)3. A clearance letter may be based solely on
507	the information provided by the developer, and the state land
508	planning agency is not required to conduct an investigation of
509	that information. If any material information provided by the
510	developer is incomplete or inaccurate, the clearance letter is
511	not binding upon the state land planning agency. A clearance
512	letter does not constitute final agency action.
513	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
514	(a)  The appropriate local government shall render a
515	decision on the application within 30 days after the hearing
516	unless an extension is requested by the developer.
517	(b)  When possible, local governments shall issue
518	development orders concurrently with any other local permits or
519	development approvals that may be applicable to the proposed
520	development.
521	(c)  The development order shall include findings of fact
522	and conclusions of law consistent with subsections (13) and
523	(14). The development order:
524	1.  Shall specify the monitoring procedures and the local
525	official responsible for assuring compliance by the developer
526	with the development order.
527	2.  Shall establish compliance dates for the development
528	order, including a deadline for commencing physical development
529	and for compliance with conditions of approval or phasing
530	requirements, and shall include a buildout termination date that
531	reasonably reflects the time anticipated required to complete
532	the development.
533	3.  Shall establish a date until which the local government
534	agrees that the approved development of regional impact shall
535	not be subject to downzoning, unit density reduction, or
536	intensity reduction, unless the local government can demonstrate
537	that substantial changes in the conditions underlying the
538	approval of the development order have occurred or the
539	development order was based on substantially inaccurate
540	information provided by the developer or that the change is
541	clearly established by local government to be essential to the
542	public health, safety, or welfare. The date established pursuant
543	to this subparagraph shall be no sooner than the buildout date
544	of the project.
545	4.  Shall specify the requirements for the biennial report
546	designated under subsection (18), including the date of
547	submission, parties to whom the report is submitted, and
548	contents of the report, based upon the rules adopted by the
549	state land planning agency. Such rules shall specify the scope
550	of any additional local requirements that may be necessary for
551	the report.
552	5.  May specify the types of changes to the development
553	which shall require submission for a substantial deviation
554	determination or a notice of proposed change under subsection
555	(19).
556	6.  Shall include a legal description of the property.
557	(d)  Conditions of a development order that require a
558	developer to contribute land for a public facility or construct,
559	expand, or pay for land acquisition or construction or expansion
560	of a public facility, or portion thereof, shall meet the
561	following criteria:
562	1.  The need to construct new facilities or add to the
563	present system of public facilities must be reasonably
564	attributable to the proposed development.
565	2.  Any contribution of funds, land, or public facilities
566	required from the developer shall be comparable to the amount of
567	funds, land, or public facilities that the state or the local
568	government would reasonably expect to expend or provide, based
569	on projected costs of comparable projects, to mitigate the
570	impacts reasonably attributable to the proposed development.
571	3.  Any funds or lands contributed must be expressly
572	designated and used to mitigate impacts reasonably attributable
573	to the proposed development.
574	4.  Construction or expansion of a public facility by a
575	nongovernmental developer as a condition of a development order
576	to mitigate the impacts reasonably attributable to the proposed
577	development is not subject to competitive bidding or competitive
578	negotiation for selection of a contractor or design professional
579	for any part of the construction or design unless required by
580	the local government that issues the development order.
581	(e)1.  Effective July 1, 1986, A local government shall not
582	include, as a development order condition for a development of
583	regional impact, any requirement that a developer contribute or
584	pay for land acquisition or construction or expansion of public
585	facilities or portions thereof unless the local government has
586	enacted a local ordinance which requires other development not
587	subject to this section to contribute its proportionate share of
588	the funds, land, or public facilities necessary to accommodate
589	any impacts having a rational nexus to the proposed development,
590	and the need to construct new facilities or add to the present
591	system of public facilities must be reasonably attributable to
592	the proposed development.
593	2.  A local government shall not approve a development of
594	regional impact that does not make adequate provision for the
595	public facilities needed to accommodate the impacts of the
596	proposed development unless the local government includes in the
597	development order a commitment by the local government to
598	provide these facilities consistently with the development
599	schedule approved in the development order; however, a local
600	government's failure to meet the requirements of subparagraph 1.
601	and this subparagraph shall not preclude the issuance of a
602	development order where adequate provision is made by the
603	developer for the public facilities needed to accommodate the
604	impacts of the proposed development. Any funds or lands
605	contributed by a developer must be expressly designated and used
606	to accommodate impacts reasonably attributable to the proposed
607	development.
608	3.  The Department of Community Affairs and other state and
609	regional agencies involved in the administration and
610	implementation of this act shall cooperate and work with units
611	of local government in preparing and adopting local impact fee
612	and other contribution ordinances.
613	(f)  Notice of the adoption of a development order or the
614	subsequent amendments to an adopted development order shall be
615	recorded by the developer, in accordance with s. 28.222, with
616	the clerk of the circuit court for each county in which the
617	development is located. The notice shall include a legal
618	description of the property covered by the order and shall state
619	which unit of local government adopted the development order,
620	the date of adoption, the date of adoption of any amendments to
621	the development order, the location where the adopted order with
622	any amendments may be examined, and that the development order
623	constitutes a land development regulation applicable to the
624	property. The recording of this notice shall not constitute a
625	lien, cloud, or encumbrance on real property, or actual or
626	constructive notice of any such lien, cloud, or encumbrance.
627	This paragraph applies only to developments initially approved
628	under this section after July 1, 1980.
629	(g)  A local government shall not issue permits for
630	development subsequent to the buildout termination date or
631	expiration date contained in the development order unless:
632	1.  The proposed development has been evaluated
633	cumulatively with existing development under the substantial
634	deviation provisions of subsection (19) subsequent to the
635	termination or expiration date;
636	2.  The proposed development is consistent with an
637	abandonment of development order that has been issued in
638	accordance with the provisions of subsection (26); or
639	3.  The development of regional impact is essentially built
640	out, in that all the mitigation requirements in the development
641	order have been satisfied, all developers are in compliance with
642	all applicable terms and conditions of the development order
643	except the buildout date, and the amount of proposed development
644	that remains to be built is less than 20 percent of any
645	applicable development-of-regional-impact threshold; or
646	4.3.  The project has been determined to be an essentially
647	built-out development of regional impact through an agreement
648	executed by the developer, the state land planning agency, and
649	the local government, in accordance with s. 380.032, which will
650	establish the terms and conditions under which the development
651	may be continued. If the project is determined to be essentially
652	built out built-out, development may proceed pursuant to the s.
653	380.032 agreement after the termination or expiration date
654	contained in the development order without further development-
655	of-regional-impact review subject to the local government
656	comprehensive plan and land development regulations or subject
657	to a modified development-of-regional-impact analysis. As used
658	in this paragraph, an "essentially built-out" development of
659	regional impact means:
660	a.  The developers are development is in compliance with
661	all applicable terms and conditions of the development order
662	except the buildout built-out date; and
663	b.(I)  The amount of development that remains to be built
664	is less than the substantial deviation threshold specified in
665	paragraph (19)(b) for each individual land use category, or, for
666	a multiuse development, the sum total of all unbuilt land uses
667	as a percentage of the applicable substantial deviation
668	threshold is equal to or less than 100 percent; or
669	(II)  The state land planning agency and the local
670	government have agreed in writing that the amount of development
671	to be built does not create the likelihood of any additional
672	regional impact not previously reviewed.
673
674	The single-family residential portions of a development may be
675	considered "essentially built out" if all of the workforce
676	housing obligations and all of the infrastructure and horizontal
677	development have been completed, at least 50 percent of the
678	dwelling units have been completed, and more than 80 percent of
679	the lots have been conveyed to third-party individual lot owners
680	or to individual builders who own no more than 40 lots at the
681	time of the determination. The mobile home park portions of a
682	development may be considered "essentially built out" if all the
683	infrastructure and horizontal development has been completed,
684	and at least 50 percent of the lots are leased to individual
685	mobile home owners.
686	(h)  If the property is annexed by another local
687	jurisdiction, the annexing jurisdiction shall adopt a new
688	development order that incorporates all previous rights and
689	obligations specified in the prior development order.
690	(19)  SUBSTANTIAL DEVIATIONS.--
691	(a)  Any proposed change to a previously approved
692	development which creates a reasonable likelihood of additional
693	regional impact, or any type of regional impact created by the
694	change not previously reviewed by the regional planning agency,
695	shall constitute a substantial deviation and shall cause the
696	proposed change development to be subject to further
697	development-of-regional-impact review. There are a variety of
698	reasons why a developer may wish to propose changes to an
699	approved development of regional impact, including changed
700	market conditions. The procedures set forth in this subsection
701	are for that purpose.
702	(b)  Any proposed change to a previously approved
703	development of regional impact or development order condition
704	which, either individually or cumulatively with other changes,
705	exceeds any of the following criteria shall constitute a
706	substantial deviation and shall cause the development to be
707	subject to further development-of-regional-impact review without
708	the necessity for a finding of same by the local government:
709	1.  An increase in the number of parking spaces at an
710	attraction or recreational facility by 10 5 percent or 330 300
711	spaces, whichever is greater, or an increase in the number of
712	spectators that may be accommodated at such a facility by 10 5
713	percent or 1,100 1,000 spectators, whichever is greater.
714	2.  A new runway, a new terminal facility, a 25-percent
715	lengthening of an existing runway, or a 25-percent increase in
716	the number of gates of an existing terminal, but only if the
717	increase adds at least three additional gates.
718	3.  An increase in the number of hospital beds by 5 percent
719	or 60 beds, whichever is greater.
720	3.4.  An increase in industrial development area by 10 5
721	percent or 35 32 acres, whichever is greater.
722	4.5.  An increase in the average annual acreage mined by 10
723	5 percent or 11 10 acres, whichever is greater, or an increase
724	in the average daily water consumption by a mining operation by
725	10 5 percent or 330,000 300,000 gallons, whichever is greater. A
726	net An increase in the size of the mine by 10 5 percent or 825
727	750 acres, whichever is less. For purposes of calculating any
728	net increases in size, only additions and deletions of lands
729	that have not been mined shall be considered. An increase in the
730	size of a heavy mineral mine as defined in s. 378.403(7) will
731	only constitute a substantial deviation if the average annual
732	acreage mined is more than 550 500 acres and consumes more than
733	3.3 3 million gallons of water per day.
734	5.6.  An increase in land area for office development by 10
735	5 percent or an increase of gross floor area of office
736	development by 10 5 percent or 66,000 60,000 gross square feet,
737	whichever is greater.
738	7.  An increase in the storage capacity for chemical or
739	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
740	million pounds, whichever is greater.
741	8.  An increase of development at a waterport of wet
742	storage for 20 watercraft, dry storage for 30 watercraft, or
743	wet/dry storage for 60 watercraft in an area identified in the
744	state marina siting plan as an appropriate site for additional
745	waterport development or a 5-percent increase in watercraft
746	storage capacity, whichever is greater.
747	6.9.  An increase in the number of dwelling units by 10 5
748	percent or 55 50 dwelling units, whichever is greater.
749	7.  An increase in the number of dwelling units by 50
750	percent or 200 units, whichever is greater, provided that 15
751	percent of the proposed additional dwelling units are dedicated
752	to affordable workforce housing, subject to a recorded land use
753	restriction that shall be for a period of not less than 20 years
754	and that includes resale provisions to ensure long-term
755	affordability for income-eligible homeowners and renters and
756	provisions for the workforce housing to be commenced prior to
757	the completion of 50 percent of the market rate dwelling. For
758	purposes of this subparagraph, the term "affordable workforce
759	housing" means housing that is affordable to a person who earns
760	less than 120 percent of the area median income, or less than
761	140 percent of the area median income if located in a county in
762	which the median purchase price for a single-family existing
763	home exceeds the statewide median purchase price of a single-
764	family existing home. For purposes of this subparagraph, the
765	term "statewide median purchase price of a single-family
766	existing home" means the statewide purchase price as determined
767	in the Florida Sales Report, Single-Family Existing Homes,
768	released each January by the Florida Association of Realtors and
769	the University of Florida Real Estate Research Center.
770	8.10.  An increase in commercial development by 55,000
771	50,000 square feet of gross floor area or of parking spaces
772	provided for customers for 330 300 cars or a 10-percent 5-
773	percent increase of either of these, whichever is greater.
774	9.11.  An increase in hotel or motel rooms facility units
775	by 10 5 percent or 83 rooms 75 units, whichever is greater.
776	10.12.  An increase in a recreational vehicle park area by
777	10 5 percent or 110 100 vehicle spaces, whichever is less.
778	11.13.  A decrease in the area set aside for open space of
779	5 percent or 20 acres, whichever is less.
780	12.14.  A proposed increase to an approved multiuse
781	development of regional impact where the sum of the increases of
782	each land use as a percentage of the applicable substantial
783	deviation criteria is equal to or exceeds 110 100 percent. The
784	percentage of any decrease in the amount of open space shall be
785	treated as an increase for purposes of determining when 110 100
786	percent has been reached or exceeded.
787	13.15.  A 15-percent increase in the number of external
788	vehicle trips generated by the development above that which was
789	projected during the original development-of-regional-impact
790	review.
791	14.16.  Any change which would result in development of any
792	area which was specifically set aside in the application for
793	development approval or in the development order for
794	preservation or special protection of endangered or threatened
795	plants or animals designated as endangered, threatened, or
796	species of special concern and their habitat, any species
797	protected by 16 U.S.C. s. 668a-668d, primary dunes, or
798	archaeological and historical sites designated as significant by
799	the Division of Historical Resources of the Department of State.
800	The further refinement of the boundaries and configuration of
801	such areas by survey shall be considered under sub-subparagraph
802	(e)2.j. (e)5.b.
803
804	The substantial deviation numerical standards in subparagraphs
805	3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding residential
806	uses, and in subparagraph 13. 15., are increased by 100 percent
807	for a project certified under s. 403.973 which creates jobs and
808	meets criteria established by the Office of Tourism, Trade, and
809	Economic Development as to its impact on an area's economy,
810	employment, and prevailing wage and skill levels. The
811	substantial deviation numerical standards in subparagraphs 3.,
812	5., 6., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14.
813	are increased by 50 percent for a project located wholly within
814	an urban infill and redevelopment area designated on the
815	applicable adopted local comprehensive plan future land use map
816	and not located within the coastal high hazard area.
817	(c)  An extension of the date of buildout of a development,
818	or any phase thereof, by more than 7 or more years shall be
819	presumed to create a substantial deviation subject to further
820	development-of-regional-impact review. An extension of the date
821	of buildout, or any phase thereof, of more than 5 years or more
822	but not more less than 7 years shall be presumed not to create a
823	substantial deviation. The extension of the date of buildout of
824	an areawide development of regional impact by more than 5 years
825	but less than 10 years is presumed not to create a substantial
826	deviation. These presumptions may be rebutted by clear and
827	convincing evidence at the public hearing held by the local
828	government. An extension of 5 years or less than 5 years is not
829	a substantial deviation. For the purpose of calculating when a
830	buildout or, phase, or termination date has been exceeded, the
831	time shall be tolled during the pendency of administrative or
832	judicial proceedings relating to development permits. Any
833	extension of the buildout date of a project or a phase thereof
834	shall automatically extend the commencement date of the project,
835	the termination date of the development order, the expiration
836	date of the development of regional impact, and the phases
837	thereof if applicable by a like period of time.
838	(d)  A change in the plan of development of an approved
839	development of regional impact resulting from requirements
840	imposed by the Department of Environmental Protection or any
841	water management district created by s. 373.069 or any of their
842	successor agencies or by any appropriate federal regulatory
843	agency shall be submitted to the local government pursuant to
844	this subsection. The change shall be presumed not to create a
845	substantial deviation subject to further development-of-
846	regional-impact review. The presumption may be rebutted by clear
847	and convincing evidence at the public hearing held by the local
848	government.
849	(e)1.  Except for a development order rendered pursuant to
850	subsection (22) or subsection (25), a proposed change to a
851	development order that individually or cumulatively with any
852	previous change is less than any numerical criterion contained
853	in subparagraphs (b)1.-13. (b)1.-15. and does not exceed any
854	other criterion, or that involves an extension of the buildout
855	date of a development, or any phase thereof, of less than 5
856	years is not subject to the public hearing requirements of
857	subparagraph (f)3., and is not subject to a determination
858	pursuant to subparagraph (f)5. Notice of the proposed change
859	shall be made to the regional planning council and the state
860	land planning agency. Such notice shall include a description of
861	previous individual changes made to the development, including
862	changes previously approved by the local government, and shall
863	include appropriate amendments to the development order.
864	2.  The following changes, individually or cumulatively
865	with any previous changes, are not substantial deviations:
866	a.  Changes in the name of the project, developer, owner,
867	or monitoring official.
868	b.  Changes to a setback that do not affect noise buffers,
869	environmental protection or mitigation areas, or archaeological
870	or historical resources.
871	c.  Changes to minimum lot sizes.
872	d.  Changes in the configuration of internal roads that do
873	not affect external access points.
874	e.  Changes to the building design or orientation that stay
875	approximately within the approved area designated for such
876	building and parking lot, and which do not affect historical
877	buildings designated as significant by the Division of
878	Historical Resources of the Department of State.
879	f.  Changes to increase the acreage in the development,
880	provided that no development is proposed on the acreage to be
881	added.
882	g.  Changes to eliminate an approved land use, provided
883	that there are no additional regional impacts.
884	h.  Changes required to conform to permits approved by any
885	federal, state, or regional permitting agency, provided that
886	these changes do not create additional regional impacts.
887	i.  Any renovation or redevelopment of development within a
888	previously approved development of regional impact which does
889	not change land use or increase density or intensity of use.
890	j.  Changes that modify boundaries and configuration of
891	areas described in subparagraph (b)14. due to science-based
892	refinement of such areas by survey, by habitat evaluation, by
893	other recognized assessment methodology, or by an environmental
894	assessment. In order for changes to qualify under this sub-
895	subparagraph, the survey, habitat evaluation, or assessment must
896	occur prior to the time a conservation easement protecting such
897	lands is recorded and must not result in any net decrease in the
898	total acreage of the lands specifically set aside for permanent
899	preservation in the final development order.
900	k.j.  Any other change which the state land planning
901	agency, in consultation with the regional planning council,
902	agrees in writing is similar in nature, impact, or character to
903	the changes enumerated in sub-subparagraphs a.-j. a.-i. and
904	which does not create the likelihood of any additional regional
905	impact.
906
907	This subsection does not require the filing of a notice of
908	proposed change but shall require an application to the local
909	government to amend the development order in accordance with the
910	local government's procedures for amendment of a development
911	order. In accordance with the local government's procedures,
912	including requirements for notice to the applicant and the
913	public, the local government shall either deny the application
914	for amendment or adopt an amendment to the development order
915	which approves the application with or without conditions.
916	Following adoption, the local government shall render to the
917	state land planning agency the amendment to the development
918	order. The state land planning agency may appeal, pursuant to s.
919	380.07(3), the amendment to the development order if the
920	amendment involves sub-subparagraph g., sub-subparagraph h.,
921	sub-subparagraph j., or sub-subparagraph k. and it believes the
922	change creates a reasonable likelihood of new or additional
923	regional impacts a development order amendment for any change
924	listed in sub-subparagraphs a.-j. unless such issue is addressed
925	either in the existing development order or in the application
926	for development approval, but, in the case of the application,
927	only if, and in the manner in which, the application is
928	incorporated in the development order.
929	3.  Except for the change authorized by sub-subparagraph
930	2.f., any addition of land not previously reviewed or any change
931	not specified in paragraph (b) or paragraph (c) shall be
932	presumed to create a substantial deviation. This presumption may
933	be rebutted by clear and convincing evidence.
934	4.  Any submittal of a proposed change to a previously
935	approved development shall include a description of individual
936	changes previously made to the development, including changes
937	previously approved by the local government. The local
938	government shall consider the previous and current proposed
939	changes in deciding whether such changes cumulatively constitute
940	a substantial deviation requiring further development-of-
941	regional-impact review.
942	5.  The following changes to an approved development of
943	regional impact shall be presumed to create a substantial
944	deviation. Such presumption may be rebutted by clear and
945	convincing evidence.
946	a.  A change proposed for 15 percent or more of the acreage
947	to a land use not previously approved in the development order.
948	Changes of less than 15 percent shall be presumed not to create
949	a substantial deviation.
950	b.  Except for the types of uses listed in subparagraph
951	(b)16., any change which would result in the development of any
952	area which was specifically set aside in the application for
953	development approval or in the development order for
954	preservation, buffers, or special protection, including habitat
955	for plant and animal species, archaeological and historical
956	sites, dunes, and other special areas.
957	b.c.  Notwithstanding any provision of paragraph (b) to the
958	contrary, a proposed change consisting of simultaneous increases
959	and decreases of at least two of the uses within an authorized
960	multiuse development of regional impact which was originally
961	approved with three or more uses specified in s. 380.0651(3)(c),
962	(d), (e)(f), and (f)(g) and residential use.
963	(f)1.  The state land planning agency shall establish by
964	rule standard forms for submittal of proposed changes to a
965	previously approved development of regional impact which may
966	require further development-of-regional-impact review. At a
967	minimum, the standard form shall require the developer to
968	provide the precise language that the developer proposes to
969	delete or add as an amendment to the development order.
970	2.  The developer shall submit, simultaneously, to the
971	local government, the regional planning agency, and the state
972	land planning agency the request for approval of a proposed
973	change.
974	3.  No sooner than 30 days but no later than 45 days after
975	submittal by the developer to the local government, the state
976	land planning agency, and the appropriate regional planning
977	agency, the local government shall give 15 days' notice and
978	schedule a public hearing to consider the change that the
979	developer asserts does not create a substantial deviation. This
980	public hearing shall be held within 60 90 days after submittal
981	of the proposed changes, unless that time is extended by the
982	developer.
983	4.  The appropriate regional planning agency or the state
984	land planning agency shall review the proposed change and, no
985	later than 45 days after submittal by the developer of the
986	proposed change, unless that time is extended by the developer,
987	and prior to the public hearing at which the proposed change is
988	to be considered, shall advise the local government in writing
989	whether it objects to the proposed change, shall specify the
990	reasons for its objection, if any, and shall provide a copy to
991	the developer.
992	5.  At the public hearing, the local government shall
993	determine whether the proposed change requires further
994	development-of-regional-impact review. The provisions of
995	paragraphs (a) and (e), the thresholds set forth in paragraph
996	(b), and the presumptions set forth in paragraphs (c) and (d)
997	and subparagraph (e)3. shall be applicable in determining
998	whether further development-of-regional-impact review is
999	required.
1000	6.  If the local government determines that the proposed
1001	change does not require further development-of-regional-impact
1002	review and is otherwise approved, or if the proposed change is
1003	not subject to a hearing and determination pursuant to
1004	subparagraphs 3. and 5. and is otherwise approved, the local
1005	government shall issue an amendment to the development order
1006	incorporating the approved change and conditions of approval
1007	relating to the change. The requirement that a change be
1008	otherwise approved shall not be construed to require additional
1009	local review or approval if the change is allowed by applicable
1010	local ordinances without further local review or approval. The
1011	decision of the local government to approve, with or without
1012	conditions, or to deny the proposed change that the developer
1013	asserts does not require further review shall be subject to the
1014	appeal provisions of s. 380.07. However, the state land planning
1015	agency may not appeal the local government decision if it did
1016	not comply with subparagraph 4. The state land planning agency
1017	may not appeal a change to a development order made pursuant to
1018	subparagraph (e)1. or subparagraph (e)2. for developments of
1019	regional impact approved after January 1, 1980, unless the
1020	change would result in a significant impact to a regionally
1021	significant archaeological, historical, or natural resource not
1022	previously identified in the original development-of-regional-
1023	impact review.
1024	(g)  If a proposed change requires further development-of-
1025	regional-impact review pursuant to this section, the review
1026	shall be conducted subject to the following additional
1027	conditions:
1028	1.  The development-of-regional-impact review conducted by
1029	the appropriate regional planning agency shall address only
1030	those issues raised by the proposed change except as provided in
1031	subparagraph 2.
1032	2.  The regional planning agency shall consider, and the
1033	local government shall determine whether to approve, approve
1034	with conditions, or deny the proposed change as it relates to
1035	the entire development. If the local government determines that
1036	the proposed change, as it relates to the entire development, is
1037	unacceptable, the local government shall deny the change.
1038	3.  If the local government determines that the proposed
1039	change, as it relates to the entire development, should be
1040	approved, any new conditions in the amendment to the development
1041	order issued by the local government shall address only those
1042	issues raised by the proposed change and require mitigation only
1043	for the individual and cumulative impacts of the proposed
1044	change.
1045	4.  Development within the previously approved development
1046	of regional impact may continue, as approved, during the
1047	development-of-regional-impact review in those portions of the
1048	development which are not directly affected by the proposed
1049	change.
1050	(h)  When further development-of-regional-impact review is
1051	required because a substantial deviation has been determined or
1052	admitted by the developer, the amendment to the development
1053	order issued by the local government shall be consistent with
1054	the requirements of subsection (15) and shall be subject to the
1055	hearing and appeal provisions of s. 380.07. The state land
1056	planning agency or the appropriate regional planning agency need
1057	not participate at the local hearing in order to appeal a local
1058	government development order issued pursuant to this paragraph.
1059	(i)  An increase in the number of residential dwelling
1060	units shall not constitute a substantial deviation and shall not
1061	be subject to development-of-regional-impact review for
1062	additional impacts provided that all the residential dwelling
1063	units are dedicated to affordable workforce housing, subject to
1064	a recorded land use restriction that shall be for a period of
1065	not less than 20 years and that includes resale provisions to
1066	ensure long-term affordability for income-eligible homeowners
1067	and renters. For purposes of this paragraph, the term
1068	"affordable workforce housing" means housing that is affordable
1069	to a person who earns less than 120 percent of the area median
1070	income, or less than 140 percent of the area median income if
1071	located in a county in which the median purchase price for a
1072	single-family existing home exceeds the statewide median
1073	purchase price of a single-family existing home. For purposes of
1074	this paragraph, the term "statewide median purchase price of a
1075	single-family existing home" means the statewide purchase price
1076	as determined in the Florida Sales Report, Single-Family
1077	Existing Homes, released each January by the Florida Association
1078	of Realtors and the University of Florida Real Estate Research
1079	Center.
1080	(24)  STATUTORY EXEMPTIONS.--
1081	(a)  Any proposed hospital which has a designed capacity of
1082	not more than 100 beds is exempt from the provisions of this
1083	section.
1084	(b)  Any proposed electrical transmission line or
1085	electrical power plant is exempt from the provisions of this
1086	section, except any steam or solar electrical generating
1087	facility of less than 50 megawatts in capacity attached to a
1088	development of regional impact.
1089	(c)  Any proposed addition to an existing sports facility
1090	complex is exempt from the provisions of this section if the
1091	addition meets the following characteristics:
1092	1.  It would not operate concurrently with the scheduled
1093	hours of operation of the existing facility.
1094	2.  Its seating capacity would be no more than 75 percent
1095	of the capacity of the existing facility.
1096	3.  The sports facility complex property is owned by a
1097	public body prior to July 1, 1983.
1098
1099	This exemption does not apply to any pari-mutuel facility.
1100	(d)  Any proposed addition or cumulative additions
1101	subsequent to July 1, 1988, to an existing sports facility
1102	complex owned by a state university is exempt if the increased
1103	seating capacity of the complex is no more than 30 percent of
1104	the capacity of the existing facility.
1105	(e)  Any addition of permanent seats or parking spaces for
1106	an existing sports facility located on property owned by a
1107	public body prior to July 1, 1973, is exempt from the provisions
1108	of this section if future additions do not expand existing
1109	permanent seating or parking capacity more than 15 percent
1110	annually in excess of the prior year's capacity.
1111	(f)  Any increase in the seating capacity of an existing
1112	sports facility having a permanent seating capacity of at least
1113	50,000 spectators is exempt from the provisions of this section,
1114	provided that such an increase does not increase permanent
1115	seating capacity by more than 5 percent per year and not to
1116	exceed a total of 10 percent in any 5-year period, and provided
1117	that the sports facility notifies the appropriate local
1118	government within which the facility is located of the increase
1119	at least 6 months prior to the initial use of the increased
1120	seating, in order to permit the appropriate local government to
1121	develop a traffic management plan for the traffic generated by
1122	the increase. Any traffic management plan shall be consistent
1123	with the local comprehensive plan, the regional policy plan, and
1124	the state comprehensive plan.
1125	(g)  Any expansion in the permanent seating capacity or
1126	additional improved parking facilities of an existing sports
1127	facility is exempt from the provisions of this section, if the
1128	following conditions exist:
1129	1.a.  The sports facility had a permanent seating capacity
1130	on January 1, 1991, of at least 41,000 spectator seats;
1131	b.  The sum of such expansions in permanent seating
1132	capacity does not exceed a total of 10 percent in any 5-year
1133	period and does not exceed a cumulative total of 20 percent for
1134	any such expansions; or
1135	c.  The increase in additional improved parking facilities
1136	is a one-time addition and does not exceed 3,500 parking spaces
1137	serving the sports facility; and
1138	2.  The local government having jurisdiction of the sports
1139	facility includes in the development order or development permit
1140	approving such expansion under this paragraph a finding of fact
1141	that the proposed expansion is consistent with the
1142	transportation, water, sewer and stormwater drainage provisions
1143	of the approved local comprehensive plan and local land
1144	development regulations relating to those provisions.
1145
1146	Any owner or developer who intends to rely on this statutory
1147	exemption shall provide to the department a copy of the local
1148	government application for a development permit. Within 45 days
1149	of receipt of the application, the department shall render to
1150	the local government an advisory and nonbinding opinion, in
1151	writing, stating whether, in the department's opinion, the
1152	prescribed conditions exist for an exemption under this
1153	paragraph. The local government shall render the development
1154	order approving each such expansion to the department. The
1155	owner, developer, or department may appeal the local government
1156	development order pursuant to s. 380.07, within 45 days after
1157	the order is rendered. The scope of review shall be limited to
1158	the determination of whether the conditions prescribed in this
1159	paragraph exist. If any sports facility expansion undergoes
1160	development of regional impact review, all previous expansions
1161	which were exempt under this paragraph shall be included in the
1162	development of regional impact review.
1163	(h)  Expansion to port harbors, spoil disposal sites,
1164	navigation channels, turning basins, harbor berths, and other
1165	related inwater harbor facilities of ports listed in s.
1166	403.021(9)(b), port transportation facilities and projects
1167	listed in s. 311.07(3)(b), and intermodal transportation
1168	facilities identified pursuant to s. 311.09(3) are exempt from
1169	the provisions of this section when such expansions, projects,
1170	or facilities are consistent with comprehensive master plans
1171	that are in compliance with the provisions of s. 163.3178.
1172	(i)  Any proposed facility for the storage of any petroleum
1173	product or any expansion of an existing facility is exempt from
1174	the provisions of this section, if the facility is consistent
1175	with a local comprehensive plan that is in compliance with s.
1176	163.3177 or is consistent with a comprehensive port master plan
1177	that is in compliance with s. 163.3178.
1178	(j)  Any renovation or redevelopment within the same land
1179	parcel which does not change land use or increase density or
1180	intensity of use.
1181	(k)1.  Waterport and marina development, including dry
1182	storage facilities, are exempt from the provisions of this
1183	section Any waterport or marina development is exempt from the
1184	provisions of this section if the relevant county or
1185	municipality has adopted a boating facility siting plan or
1186	policy which includes applicable criteria, considering such
1187	factors as natural resources, manatee protection needs and
1188	recreation and economic demands as generally outlined in the
1189	Bureau of Protected Species Management Boat Facility Siting
1190	Guide, dated August 2000, into the coastal management or land
1191	use element of its comprehensive plan. The adoption of boating
1192	facility siting plans or policies into the comprehensive plan is
1193	exempt from the provisions of s. 163.3187(1). Any waterport or
1194	marina development within the municipalities or counties with
1195	boating facility siting plans or policies that meet the above
1196	criteria, adopted prior to April 1, 2002, are exempt from the
1197	provisions of this section, when their boating facility siting
1198	plan or policy is adopted as part of the relevant local
1199	government's comprehensive plan.
1200	2.  Within 6 months of the effective date of this law, The
1201	Department of Community Affairs, in conjunction with the
1202	Department of Environmental Protection and the Florida Fish and
1203	Wildlife Conservation Commission, shall provide technical
1204	assistance and guidelines, including model plans, policies and
1205	criteria to local governments for the development of their
1206	siting plans.
1207	(l)  Any proposed development within an urban service
1208	boundary established under s. 163.3177(14) is exempt from the
1209	provisions of this section if the local government having
1210	jurisdiction over the area where the development is proposed has
1211	adopted the urban service boundary, and has entered into a
1212	binding agreement with adjacent jurisdictions that would be
1213	impacted and with the Department of Transportation regarding the
1214	mitigation of impacts on state and regional transportation
1215	facilities, and has adopted a proportionate share methodology
1216	pursuant to s. 163.3180(16).
1217	(m)  Any proposed development within a rural land
1218	stewardship area created under s. 163.3177(11)(d) is exempt from
1219	the provisions of this section if the local government that has
1220	adopted the rural land stewardship area has entered into a
1221	binding agreement with jurisdictions that would be impacted and
1222	the Department of Transportation regarding the mitigation of
1223	impacts on state and regional transportation facilities, and has
1224	adopted a proportionate share methodology pursuant to s.
1225	163.3180(16).
1226	(n)  Any proposed development or redevelopment within an
1227	area designated as an urban infill and redevelopment area under
1228	s. 163.2517 is exempt from the provisions of this section if the
1229	local government has entered into a binding agreement with
1230	jurisdictions that would be impacted and the Department of
1231	Transportation regarding the mitigation of impacts on state and
1232	regional transportation facilities, and has adopted a
1233	proportionate share methodology pursuant to s. 163.3180(16).
1234	(o)  The establishment, relocation, or expansion of any
1235	military installation as defined in s. 163.3175, is exempt from
1236	this section.
1237	(p)  Any self-storage warehousing that does not allow
1238	retail or other services is exempt from this section.
1239	(q)  Any proposed nursing home or assisted living facility
1240	is exempt from this section.
1241	(r)  Any development identified in an airport master plan
1242	and adopted into the comprehensive plan pursuant to s.
1243	163.3177(6)(k) is exempt from this section.
1244	(s)  Any development identified in a campus master plan and
1245	adopted pursuant to s. 1013.30 is exempt from this section.
1246	(t)  Any development in a specific area plan which is
1247	prepared pursuant to s. 163.3245 and adopted into the
1248	comprehensive plan is exempt from this section.
1249
1250	If a use is exempt from review as a development of regional
1251	impact under paragraphs (a)-(t) but will be part of a larger
1252	project that is subject to review as a development of regional
1253	impact, the impact of the exempt use must be included in the
1254	review of the larger project.
1255	(28)  PARTIAL STATUTORY EXEMPTIONS.--
1256	(a)  If the binding agreement referenced under paragraph
1257	(24)(l) for urban service boundaries is not entered into within
1258	12 months after establishment of the urban service boundary, the
1259	development-of-regional-impact review for projects within the
1260	urban service boundary must address transportation impacts only.
1261	(b)  If the binding agreement referenced under paragraph
1262	(24)(m) for rural land stewardship areas is not entered into
1263	within 12 months after the designation of a rural land
1264	stewardship area, the development-of-regional-impact review for
1265	projects within the rural land stewardship area must address
1266	transportation impacts only.
1267	(c)  If the binding agreement referenced under paragraph
1268	(24)(n) for designated urban infill and redevelopment areas is
1269	not entered into within 12 months after the designation of the
1270	area or July 1, 2007, whichever occurs later, the development-
1271	of-regional-impact review for projects within the urban infill
1272	and redevelopment area must address transportation impacts only.
1273	(d)  A local government that does not wish to enter into a
1274	binding agreement or that is unable to agree on the terms of the
1275	agreement referenced under paragraph (24)(l), paragraph (24)(m),
1276	or paragraph (24)(n) shall provide written notification to the
1277	state land planning agency of the decision to not enter into a
1278	binding agreement or the failure to enter into a binding
1279	agreement within the 12-month period referenced in paragraphs
1280	(a), (b) and (c). Following the notification of the state land
1281	planning agency, development-of-regional-impact review for
1282	projects within an urban service boundary under paragraph
1283	(24)(l), a rural land stewardship area under paragraph (24)(m),
1284	or an urban infill and redevelopment area under paragraph
1285	(24)(n), must address transportation impacts only.
1286	(e)  The vesting provision of s. 163.3167(8) relating to an
1287	authorized development of regional impact shall not apply to
1288	those projects partially exempt from the development-of-
1289	regional-impact review process under paragraphs (a)-(d).
1290	Section 7.  Paragraphs (d) and (e) of subsection (3) of
1291	section 380.0651, Florida Statutes, are amended, paragraphs (f)
1292	through (i) are redesignated as paragraphs (e) through (h),
1293	respectively, paragraph (j) is redesignated as paragraph (i) and
1294	amended, and a new paragraph (j) is added to that subsection, to
1295	read:
1296	380.0651  Statewide guidelines and standards.--
1297	(3)  The following statewide guidelines and standards shall
1298	be applied in the manner described in s. 380.06(2) to determine
1299	whether the following developments shall be required to undergo
1300	development-of-regional-impact review:
1301	(d)  Office development.--Any proposed office building or
1302	park operated under common ownership, development plan, or
1303	management that:
1304	1.  Encompasses 300,000 or more square feet of gross floor
1305	area; or
1306	2.  Encompasses more than 600,000 square feet of gross
1307	floor area in a county with a population greater than 500,000
1308	and only in a geographic area specifically designated as highly
1309	suitable for increased threshold intensity in the approved local
1310	comprehensive plan and in the strategic regional policy plan.
1311	(e)  Port facilities.--The proposed construction of any
1312	waterport or marina is required to undergo
1313	development-of-regional-impact review, except one designed for:
1314	1.a.  The wet storage or mooring of fewer than 150
1315	watercraft used exclusively for sport, pleasure, or commercial
1316	fishing, or
1317	b.  The dry storage of fewer than 200 watercraft used
1318	exclusively for sport, pleasure, or commercial fishing, or
1319	c.  The wet or dry storage or mooring of fewer than 150
1320	watercraft on or adjacent to an inland freshwater lake except
1321	Lake Okeechobee or any lake which has been designated an
1322	Outstanding Florida Water, or
1323	d.  The wet or dry storage or mooring of fewer than 50
1324	watercraft of 40 feet in length or less of any type or purpose.
1325	The exceptions to this paragraph's requirements for development-
1326	of-regional-impact review shall not apply to any waterport or
1327	marina facility located within or which serves physical
1328	development located within a coastal barrier resource unit on an
1329	unbridged barrier island designated pursuant to 16 U.S.C. s.
1330	3501.
1331
1332	In addition to the foregoing, for projects for which no
1333	environmental resource permit or sovereign submerged land lease
1334	is required, the Department of Environmental Protection must
1335	determine in writing that a proposed marina in excess of 10
1336	slips or storage spaces or a combination of the two is located
1337	so that it will not adversely impact Outstanding Florida Waters
1338	or Class II waters and will not contribute boat traffic in a
1339	manner that will have an adverse impact on an area known to be,
1340	or likely to be, frequented by manatees. If the Department of
1341	Environmental Protection fails to issue its determination within
1342	45 days of receipt of a formal written request, it has waived
1343	its authority to make such determination. The Department of
1344	Environmental Protection determination shall constitute final
1345	agency action pursuant to chapter 120.
1346	2.  The dry storage of fewer than 300 watercraft used
1347	exclusively for sport, pleasure, or commercial fishing at a
1348	marina constructed and in operation prior to July 1, 1985.
1349	3.  Any proposed marina development with both wet and dry
1350	mooring or storage used exclusively for sport, pleasure, or
1351	commercial fishing, where the sum of percentages of the
1352	applicable wet and dry mooring or storage thresholds equals 100
1353	percent. This threshold is in addition to, and does not
1354	preclude, a development from being required to undergo
1355	development-of-regional-impact review under sub-subparagraphs
1356	1.a. and b. and subparagraph 2.
1357	(i)(j)  Residential development.--No rule may be adopted
1358	concerning residential developments which treats a residential
1359	development in one county as being located in a less populated
1360	adjacent county unless more than 25 percent of the development
1361	is located within 2 or less miles of the less populated adjacent
1362	county. The residential thresholds of adjacent counties with
1363	less population and a lower threshold shall not be controlling
1364	on any development wholly located within a municipality in a
1365	rural county of economic concern.
1366	(j)  Workforce housing.--The applicable guidelines for
1367	residential development and the residential component for
1368	multiuse development shall be increased by 50 percent where the
1369	developer demonstrates that at least 15 percent of the total
1370	residential dwelling units authorized within the development of
1371	regional impact will be dedicated to affordable workforce
1372	housing, subject to a recorded land use restriction that shall
1373	be for a period of not less than 20 years and that includes
1374	resale provisions to ensure long-term affordability for income-
1375	eligible homeowners and renters and provisions for the workforce
1376	housing to be commenced prior to the completion of 50 percent of
1377	the market rate dwelling. For purposes of this paragraph, the
1378	term "affordable workforce housing" means housing that is
1379	affordable to a person who earns less than 120 percent of the
1380	area median income, or less than 140 percent of the area median
1381	income if located in a county in which the median purchase price
1382	for a single-family existing home exceeds the statewide median
1383	purchase price of a single-family existing home. For the
1384	purposes of this paragraph, the term "statewide median purchase
1385	price of a single-family existing home" means the statewide
1386	purchase price as determined in the Florida Sales Report,
1387	Single-Family Existing Homes, released each January by the
1388	Florida Association of Realtors and the University of Florida
1389	Real Estate Research Center.
1390	Section 8.  Section 380.07, Florida Statutes, is amended to
1391	read:
1392	380.07  Florida Land and Water Adjudicatory Commission.--
1393	(1)  There is hereby created the Florida Land and Water
1394	Adjudicatory Commission, which shall consist of the
1395	Administration Commission. The commission may adopt rules
1396	necessary to ensure compliance with the area of critical state
1397	concern program and the requirements for developments of
1398	regional impact as set forth in this chapter.
1399	(2)  Whenever any local government issues any development
1400	order in any area of critical state concern, or in regard to any
1401	development of regional impact, copies of such orders as
1402	prescribed by rule by the state land planning agency shall be
1403	transmitted to the state land planning agency, the regional
1404	planning agency, and the owner or developer of the property
1405	affected by such order. The state land planning agency shall
1406	adopt rules describing development order rendition and
1407	effectiveness in designated areas of critical state concern.
1408	Within 45 days after the order is rendered, the owner, the
1409	developer, or the state land planning agency may appeal the
1410	order to the Florida Land and Water Adjudicatory Commission by
1411	filing a petition alleging that the development order is not
1412	consistent with the provisions of this part notice of appeal
1413	with the commission. The appropriate regional planning agency by
1414	vote at a regularly scheduled meeting may recommend that the
1415	state land planning agency undertake an appeal of a development-
1416	of-regional-impact development order. Upon the request of an
1417	appropriate regional planning council, affected local
1418	government, or any citizen, the state land planning agency shall
1419	consider whether to appeal the order and shall respond to the
1420	request within the 45-day appeal period. Any appeal taken by a
1421	regional planning agency between March 1, 1993, and the
1422	effective date of this section may only be continued if the
1423	state land planning agency has also filed an appeal. Any appeal
1424	initiated by a regional planning agency on or before March 1,
1425	1993, shall continue until completion of the appeal process and
1426	any subsequent appellate review, as if the regional planning
1427	agency were authorized to initiate the appeal.
1428	(3)  Notwithstanding any other provision of law, an appeal
1429	of a development order by the state land planning agency under
1430	this section may include consistency of the development order
1431	with the local comprehensive plan. However, if a development
1432	order relating to a development of regional impact has been
1433	challenged in a proceeding under s. 163.3215 and a party to the
1434	proceeding serves notice to the state land planning agency of
1435	the pending proceeding under s. 163.3215, the state land
1436	planning agency shall:
1437	(a)  Raise its consistency issues by intervening as a full
1438	party in the pending proceeding under s. 163.3215 within 30 days
1439	after service of the notice; and
1440	(b)  Dismiss the consistency issues from the development
1441	order appeal.
1442	(4)  The appellant shall furnish a copy of the petition to
1443	the opposing party, as the case may be, and to the local
1444	government that issued the order. The filing of the petition
1445	stays the effectiveness of the order until after the completion
1446	of the appeal process.
1447	(5)(3)  The 45-day appeal period for a development of
1448	regional impact within the jurisdiction of more than one local
1449	government shall not commence until after all the local
1450	governments having jurisdiction over the proposed development of
1451	regional impact have rendered their development orders. The
1452	appellant shall furnish a copy of the notice of appeal to the
1453	opposing party, as the case may be, and to the local government
1454	which issued the order. The filing of the notice of appeal shall
1455	stay the effectiveness of the order until after the completion
1456	of the appeal process.
1457	(6)(4)  Prior to issuing an order, the Florida Land and
1458	Water Adjudicatory Commission shall hold a hearing pursuant to
1459	the provisions of chapter 120. The commission shall encourage
1460	the submission of appeals on the record made below in cases in
1461	which the development order was issued after a full and complete
1462	hearing before the local government or an agency thereof.
1463	(7)(5)  The Florida Land and Water Adjudicatory Commission
1464	shall issue a decision granting or denying permission to develop
1465	pursuant to the standards of this chapter and may attach
1466	conditions and restrictions to its decisions.
1467	(8)(6)  If an appeal is filed with respect to any issues
1468	within the scope of a permitting program authorized by chapter
1469	161, chapter 373, or chapter 403 and for which a permit or
1470	conceptual review approval has been obtained prior to the
1471	issuance of a development order, any such issue shall be
1472	specifically identified in the notice of appeal which is filed
1473	pursuant to this section, together with other issues which
1474	constitute grounds for the appeal. The appeal may proceed with
1475	respect to issues within the scope of permitting programs for
1476	which a permit or conceptual review approval has been obtained
1477	prior to the issuance of a development order only after the
1478	commission determines by majority vote at a regularly scheduled
1479	commission meeting that statewide or regional interests may be
1480	adversely affected by the development. In making this
1481	determination, there shall be a rebuttable presumption that
1482	statewide and regional interests relating to issues within the
1483	scope of the permitting programs for which a permit or
1484	conceptual approval has been obtained are not adversely
1485	affected.
1486	Section 9.  Section 380.115, Florida Statutes, is amended
1487	to read:
1488	380.115  Vested rights and duties; effect of size
1489	reduction, changes in guidelines and standards chs. 2002-20 and
1490	2002-296.--
1491	(1)  A change in a development-of-regional-impact guideline
1492	and standard does not abridge Nothing contained in this act
1493	abridges or modify modifies any vested or other right or any
1494	duty or obligation pursuant to any development order or
1495	agreement that is applicable to a development of regional impact
1496	on the effective date of this act. A development that has
1497	received a development-of-regional-impact development order
1498	pursuant to s. 380.06, but is no longer required to undergo
1499	development-of-regional-impact review by operation of a change
1500	in the guidelines and standards or has reduced its size below
1501	the thresholds in s. 380.0651 of this act, shall be governed by
1502	the following procedures:
1503	(a)  The development shall continue to be governed by the
1504	development-of-regional-impact development order and may be
1505	completed in reliance upon and pursuant to the development order
1506	unless the developer or landowner has followed the procedures
1507	for rescission in paragraph (b). Any proposed changes to those
1508	developments which continue to be governed by a development
1509	order shall be approved pursuant to s. 380.06(19) as it existed
1510	prior to a change in the development-of-regional-impact
1511	guidelines and standards, except that all percentage criteria
1512	shall be doubled and all other criteria shall be increased by 10
1513	percent. The development-of-regional-impact development order
1514	may be enforced by the local government as provided by ss.
1515	380.06(17) and 380.11.
1516	(b)  If requested by the developer or landowner, the
1517	development-of-regional-impact development order shall may be
1518	rescinded by the local government having jurisdiction upon a
1519	showing that all required mitigation related to the amount of
1520	development that existed on the date of rescission has been
1521	completed abandoned pursuant to the process in s. 380.06(26).
1522	(2)  A development with an application for development
1523	approval pending, and determined sufficient pursuant to s.
1524	380.06 s. 380.06(10), on the effective date of a change to the
1525	guidelines and standards this act, or a notification of proposed
1526	change pending on the effective date of a change to the
1527	guidelines and standards this act, may elect to continue such
1528	review pursuant to s. 380.06. At the conclusion of the pending
1529	review, including any appeals pursuant to s. 380.07, the
1530	resulting development order shall be governed by the provisions
1531	of subsection (1).
1532	(3)  A landowner that has filed an application for a
1533	development-of-regional-impact review prior to the adoption of
1534	an optional sector plan pursuant to s. 163.3245 may elect to
1535	have the application reviewed pursuant to s. 380.06,
1536	comprehensive plan provisions in force prior to adoption of the
1537	sector plan, and any requested comprehensive plan amendments
1538	that accompany the application.
1539	Section 10.  Paragraph (i) of subsection (2) of section
1540	403.813, Florida Statutes, is amended to read:
1541	403.813  Permits issued at district centers; exceptions.--
1542	(2)  A permit is not required under this chapter, chapter
1543	373, chapter 61-691, Laws of Florida, or chapter 25214 or
1544	chapter 25270, 1949, Laws of Florida, for activities associated
1545	with the following types of projects; however, except as
1546	otherwise provided in this subsection, nothing in this
1547	subsection relieves an applicant from any requirement to obtain
1548	permission to use or occupy lands owned by the Board of Trustees
1549	of the Internal Improvement Trust Fund or any water management
1550	district in its governmental or proprietary capacity or from
1551	complying with applicable local pollution control programs
1552	authorized under this chapter or other requirements of county
1553	and municipal governments:
1554	(i)  The construction of private docks of 1,000 square feet
1555	or less of over-water surface area and seawalls in artificially
1556	created waterways where such construction will not violate
1557	existing water quality standards, impede navigation, or affect
1558	flood control. This exemption does not apply to the construction
1559	of vertical seawalls in estuaries or lagoons unless the proposed
1560	construction is within an existing manmade canal where the
1561	shoreline is currently occupied in whole or part by vertical
1562	seawalls.
1563	Section 11.  This act shall take effect July 1, 2006.

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