HB 683

1	A bill to be entitled
2	An act relating to growth management; amending s. 163.01,
3	F.S.; revising provisions for filing certain interlocal
4	agreements and amendments; amending s. 163.3177, F.S.;
5	encouraging local governments to adopt recreational
6	surface water use policies; providing criteria and
7	exemptions for such policies; authorizing assistance for
8	the development of such policies; directing the Office of
9	Program Policy Analysis and Government Accountability to
10	submit a report to the Legislature; revising a provision
11	relating to the amount of transferrable land use credits;
12	amending s. 163.3180, F.S.; conforming a cross-reference;
13	amending s. 197.303, F.S.; revising the criteria for ad
14	valorem tax deferral waterfront properties; amending s.
15	342.07, F.S.; including hotels and motels within the
16	definition of the term "recreational and commercial
17	working waterfront"; creating s. 373.4132, F.S.; directing
18	water management district governing boards and the
19	Department of Environmental Protection to require permits
20	for certain activities relating to certain dry storage
21	facilities; providing criteria for application of such
22	permits; preserving regulatory authority for the
23	department and governing boards; amending s. 380.06, F.S.;
24	providing for the state land planning agency to determine
25	the amount of development that remains to be built in
26	certain circumstances; specifying certain requirements for
27	a development order; revising the circumstances in which a
28	local government may issue permits for development
29	subsequent to the buildout date; revising the definition
30	of an essentially built-out development; revising the
31	criteria under which a proposed change constitutes a
32	substantial deviation; providing criteria for calculating
33	certain deviations; clarifying the criteria under which
34	the extension of a buildout date is presumed to create a
35	substantial deviation; requiring that notice of any change
36	to certain set-aside areas be submitted to the local
37	government; requiring that notice of certain changes be
38	given to the state land planning agency, regional planning
39	agency, and local government; revising the statutory
40	exemptions from development-of-regional-impact review for
41	certain facilities; removing waterport and marina
42	developments from development-of-regional-impact review;
43	providing statutory exemptions and partial statutory
44	exemptions for the development of certain facilities;
45	providing that the impacts from an exempt use that will be
46	part of a larger project be included in the development-
47	of-regional-impact review of the larger project; providing
48	that vesting provisions relating to authorized
49	developments of regional impact are not applicable to
50	certain projects; revising provisions for the abandonment
51	of developments of regional impact; providing an exemption
52	from such provisions for certain developments of regional
53	impact; providing requirements for developments following
54	abandonment; amending s. 380.0651, F.S.; revising the
55	statewide guidelines and standards for development-of-
56	regional-impact review of office developments; deleting
57	such guidelines and standards for port facilities;
58	revising such guidelines and standards for residential
59	developments; providing such guidelines and standards for
60	workforce housing; amending s. 380.07, F.S.; revising the
61	appellate procedures for development orders within a
62	development of regional impact to the Florida Land and
63	Water Adjudicatory Commission; amending s. 380.115, F.S.;
64	providing that a change in a development-of-regional-
65	impact guideline and standard does not abridge or modify
66	any vested right or duty under a development order;
67	providing a process for the rescission of a development
68	order by the local government in certain circumstances;
69	providing an exemption for certain applications for
70	development approval and notices of proposed changes;
71	amending s. 403.813, F.S.; revising permitting exceptions
72	for the construction of private docks in certain
73	waterways; providing an effective date.
74
75	Be It Enacted by the Legislature of the State of Florida:
76
77	Section 1.  Subsection (11) of section 163.01, Florida
78	Statutes, is amended to read:
79	163.01  Florida Interlocal Cooperation Act of 1969.--
80	(11)  Prior to its effectiveness, an interlocal agreement
81	and subsequent amendments thereto shall be filed with the clerk
82	of the circuit court of each county where a party to the
83	agreement is located. However, if the parties to the agreement
84	are located in multiple counties and the agreement under
85	subsection (7) provides for a separate legal entity or
86	administrative entity to administer the agreement, the
87	interlocal agreement and any amendments thereto may be filed
88	with the clerk of the circuit court in the county where the
89	legal or administrative entity maintains its principal place of
90	business.
91	Section 2.  Paragraph (g) of subsection (6) and paragraph
92	(d) of subsection (11) of section 163.3177, Florida Statutes,
93	are amended to read:
94	163.3177  Required and optional elements of comprehensive
95	plan; studies and surveys.--
96	(6)  In addition to the requirements of subsections (1)-(5)
97	and (12), the comprehensive plan shall include the following
98	elements:
99	(g)1.  For those units of local government identified in s.
100	380.24, a coastal management element, appropriately related to
101	the particular requirements of paragraphs (d) and (e) and
102	meeting the requirements of s. 163.3178(2) and (3). The coastal
103	management element shall set forth the policies that shall guide
104	the local government's decisions and program implementation with
105	respect to the following objectives:
106	a.1.  Maintenance, restoration, and enhancement of the
107	overall quality of the coastal zone environment, including, but
108	not limited to, its amenities and aesthetic values.
109	b.2.  Continued existence of viable populations of all
110	species of wildlife and marine life.
111	c.3.  The orderly and balanced utilization and
112	preservation, consistent with sound conservation principles, of
113	all living and nonliving coastal zone resources.
114	d.4.  Avoidance of irreversible and irretrievable loss of
115	coastal zone resources.
116	e.5.  Ecological planning principles and assumptions to be
117	used in the determination of suitability and extent of permitted
118	development.
119	f.6.  Proposed management and regulatory techniques.
120	g.7.  Limitation of public expenditures that subsidize
121	development in high-hazard coastal areas.
122	h.8.  Protection of human life against the effects of
123	natural disasters.
124	i.9.  The orderly development, maintenance, and use of
125	ports identified in s. 403.021(9) to facilitate deepwater
126	commercial navigation and other related activities.
127	j.10.  Preservation, including sensitive adaptive use of
128	historic and archaeological resources.
129	2.  As part of this element, a local government that has a
130	coastal management element in its comprehensive plan is
131	encouraged to adopt recreational surface water use policies that
132	include applicable criteria for and consider such factors as
133	natural resources, manatee protection needs, protection of
134	working waterfronts and public access to the water, and
135	recreation and economic demands. Criteria for manatee protection
136	in the recreational surface water use policies should reflect
137	applicable guidance outlined in the Boat Facility Siting Guide
138	prepared by the Fish and Wildlife Conservation Commission. If
139	the local government elects to adopt recreational surface water
140	use policies by comprehensive plan amendment, such comprehensive
141	plan amendment is exempt from the provisions of s. 163.3187(1).
142	Local governments that wish to adopt recreational surface water
143	use policies may be eligible for assistance with the development
144	of such policies through the Florida Coastal Management Program.
145	The Office of Program Policy Analysis and Government
146	Accountability shall submit a report on the adoption of
147	recreational surface water use policies under this subparagraph
148	to the President of the Senate, the Speaker of the House of
149	Representatives, and the majority and minority leaders of the
150	Senate and the House of Representatives no later than December
151	1, 2010.
152	(11)
153	(d)1.  The department, in cooperation with the Department
154	of Agriculture and Consumer Services, the Department of
155	Environmental Protection, water management districts, and
156	regional planning councils, shall provide assistance to local
157	governments in the implementation of this paragraph and rule 9J-
158	5.006(5)(l), Florida Administrative Code. Implementation of
159	those provisions shall include a process by which the department
160	may authorize local governments to designate all or portions of
161	lands classified in the future land use element as predominantly
162	agricultural, rural, open, open-rural, or a substantively
163	equivalent land use, as a rural land stewardship area within
164	which planning and economic incentives are applied to encourage
165	the implementation of innovative and flexible planning and
166	development strategies and creative land use planning
167	techniques, including those contained herein and in rule 9J-
168	5.006(5)(l), Florida Administrative Code. Assistance may
169	include, but is not limited to:
170	a.  Assistance from the Department of Environmental
171	Protection and water management districts in creating the
172	geographic information systems land cover database and aerial
173	photogrammetry needed to prepare for a rural land stewardship
174	area;
175	b.  Support for local government implementation of rural
176	land stewardship concepts by providing information and
177	assistance to local governments regarding land acquisition
178	programs that may be used by the local government or landowners
179	to leverage the protection of greater acreage and maximize the
180	effectiveness of rural land stewardship areas; and
181	c.  Expansion of the role of the Department of Community
182	Affairs as a resource agency to facilitate establishment of
183	rural land stewardship areas in smaller rural counties that do
184	not have the staff or planning budgets to create a rural land
185	stewardship area.
186	2.  The department shall encourage participation by local
187	governments of different sizes and rural characteristics in
188	establishing and implementing rural land stewardship areas. It
189	is the intent of the Legislature that rural land stewardship
190	areas be used to further the following broad principles of rural
191	sustainability: restoration and maintenance of the economic
192	value of rural land; control of urban sprawl; identification and
193	protection of ecosystems, habitats, and natural resources;
194	promotion of rural economic activity; maintenance of the
195	viability of Florida's agricultural economy; and protection of
196	the character of rural areas of Florida. Rural land stewardship
197	areas may be multicounty in order to encourage coordinated
198	regional stewardship planning.
199	3.  A local government, in conjunction with a regional
200	planning council, a stakeholder organization of private land
201	owners, or another local government, shall notify the department
202	in writing of its intent to designate a rural land stewardship
203	area. The written notification shall describe the basis for the
204	designation, including the extent to which the rural land
205	stewardship area enhances rural land values, controls urban
206	sprawl, provides necessary open space for agriculture and
207	protection of the natural environment, promotes rural economic
208	activity, and maintains rural character and the economic
209	viability of agriculture.
210	4.  A rural land stewardship area shall be not less than
211	10,000 acres and shall be located outside of municipalities and
212	established urban growth boundaries, and shall be designated by
213	plan amendment. The plan amendment designating a rural land
214	stewardship area shall be subject to review by the Department of
215	Community Affairs pursuant to s. 163.3184 and shall provide for
216	the following:
217	a.  Criteria for the designation of receiving areas within
218	rural land stewardship areas in which innovative planning and
219	development strategies may be applied. Criteria shall at a
220	minimum provide for the following: adequacy of suitable land to
221	accommodate development so as to avoid conflict with
222	environmentally sensitive areas, resources, and habitats;
223	compatibility between and transition from higher density uses to
224	lower intensity rural uses; the establishment of receiving area
225	service boundaries which provide for a separation between
226	receiving areas and other land uses within the rural land
227	stewardship area through limitations on the extension of
228	services; and connection of receiving areas with the rest of the
229	rural land stewardship area using rural design and rural road
230	corridors.
231	b.  Goals, objectives, and policies setting forth the
232	innovative planning and development strategies to be applied
233	within rural land stewardship areas pursuant to the provisions
234	of this section.
235	c.  A process for the implementation of innovative planning
236	and development strategies within the rural land stewardship
237	area, including those described in this subsection and rule 9J-
238	5.006(5)(l), Florida Administrative Code, which provide for a
239	functional mix of land uses, including adequate available
240	workforce housing, including low, very-low and moderate income
241	housing for the development anticipated in the receiving area
242	and which are applied through the adoption by the local
243	government of zoning and land development regulations applicable
244	to the rural land stewardship area.
245	d.  A process which encourages visioning pursuant to s.
246	163.3167(11) to ensure that innovative planning and development
247	strategies comply with the provisions of this section.
248	e.  The control of sprawl through the use of innovative
249	strategies and creative land use techniques consistent with the
250	provisions of this subsection and rule 9J-5.006(5)(l), Florida
251	Administrative Code.
252	5.  A receiving area shall be designated by the adoption of
253	a land development regulation. Prior to the designation of a
254	receiving area, the local government shall provide the
255	Department of Community Affairs a period of 30 days in which to
256	review a proposed receiving area for consistency with the rural
257	land stewardship area plan amendment and to provide comments to
258	the local government. At the time of designation of a
259	stewardship receiving area, a listed species survey will be
260	performed. If listed species occur on the receiving area site,
261	the developer shall coordinate with each appropriate local,
262	state, or federal agency to determine if adequate provisions
263	have been made to protect those species in accordance with
264	applicable regulations. In determining the adequacy of
265	provisions for the protection of listed species and their
266	habitats, the rural land stewardship area shall be considered as
267	a whole, and the impacts to areas to be developed as receiving
268	areas shall be considered together with the environmental
269	benefits of areas protected as sending areas in fulfilling this
270	criteria.
271	6.  Upon the adoption of a plan amendment creating a rural
272	land stewardship area, the local government shall, by ordinance,
273	establish the methodology for the creation, conveyance, and use
274	of transferable rural land use credits, otherwise referred to as
275	stewardship credits, the application of which shall not
276	constitute a right to develop land, nor increase density of
277	land, except as provided by this section. The total amount of
278	transferable rural land use credits within the rural land
279	stewardship area must enable the realization of the long-term
280	vision and goals for the 25-year or greater projected population
281	of the rural land stewardship area, which may take into
282	consideration the anticipated effect of the proposed receiving
283	areas. Transferable rural land use credits are subject to the
284	following limitations:
285	a.  Transferable rural land use credits may only exist
286	within a rural land stewardship area.
287	b.  Transferable rural land use credits may only be used on
288	lands designated as receiving areas and then solely for the
289	purpose of implementing innovative planning and development
290	strategies and creative land use planning techniques adopted by
291	the local government pursuant to this section.
292	c.  Transferable rural land use credits assigned to a
293	parcel of land within a rural land stewardship area shall cease
294	to exist if the parcel of land is removed from the rural land
295	stewardship area by plan amendment.
296	d.  Neither the creation of the rural land stewardship area
297	by plan amendment nor the assignment of transferable rural land
298	use credits by the local government shall operate to displace
299	the underlying density of land uses assigned to a parcel of land
300	within the rural land stewardship area; however, if transferable
301	rural land use credits are transferred from a parcel for use
302	within a designated receiving area, the underlying density
303	assigned to the parcel of land shall cease to exist.
304	e.  The underlying density on each parcel of land located
305	within a rural land stewardship area shall not be increased or
306	decreased by the local government, except as a result of the
307	conveyance or use of transferable rural land use credits, as
308	long as the parcel remains within the rural land stewardship
309	area.
310	f.  Transferable rural land use credits shall cease to
311	exist on a parcel of land where the underlying density assigned
312	to the parcel of land is utilized.
313	g.  An increase in the density of use on a parcel of land
314	located within a designated receiving area may occur only
315	through the assignment or use of transferable rural land use
316	credits and shall not require a plan amendment.
317	h.  A change in the density of land use on parcels located
318	within receiving areas shall be specified in a development order
319	which reflects the total number of transferable rural land use
320	credits assigned to the parcel of land and the infrastructure
321	and support services necessary to provide for a functional mix
322	of land uses corresponding to the plan of development.
323	i.  Land within a rural land stewardship area may be
324	removed from the rural land stewardship area through a plan
325	amendment.
326	j.  Transferable rural land use credits may be assigned at
327	different ratios of credits per acre according to the natural
328	resource or other beneficial use characteristics of the land and
329	according to the land use remaining following the transfer of
330	credits, with the highest number of credits per acre assigned to
331	the most environmentally valuable land or, in locations where
332	the retention of open space and agricultural land is a priority,
333	to such lands.
334	k.  The use or conveyance of transferable rural land use
335	credits must be recorded in the public records of the county in
336	which the property is located as a covenant or restrictive
337	easement running with the land in favor of the county and either
338	the Department of Environmental Protection, Department of
339	Agriculture and Consumer Services, a water management district,
340	or a recognized statewide land trust.
341	7.  Owners of land within rural land stewardship areas
342	should be provided incentives to enter into rural land
343	stewardship agreements, pursuant to existing law and rules
344	adopted thereto, with state agencies, water management
345	districts, and local governments to achieve mutually agreed upon
346	conservation objectives. Such incentives may include, but not be
347	limited to, the following:
348	a.  Opportunity to accumulate transferable mitigation
349	credits.
350	b.  Extended permit agreements.
351	c.  Opportunities for recreational leases and ecotourism.
352	d.  Payment for specified land management services on
353	publicly owned land, or property under covenant or restricted
354	easement in favor of a public entity.
355	e.  Option agreements for sale to public entities or
356	private land conservation entities, in either fee or easement,
357	upon achievement of conservation objectives.
358	8.  The department shall report to the Legislature on an
359	annual basis on the results of implementation of rural land
360	stewardship areas authorized by the department, including
361	successes and failures in achieving the intent of the
362	Legislature as expressed in this paragraph.
363	Section 3.  Paragraph (a) of subsection (12) of section
364	163.3180, Florida Statutes, is amended to read:
365	163.3180  Concurrency.--
366	(12)  When authorized by a local comprehensive plan, a
367	multiuse development of regional impact may satisfy the
368	transportation concurrency requirements of the local
369	comprehensive plan, the local government's concurrency
370	management system, and s. 380.06 by payment of a proportionate-
371	share contribution for local and regionally significant traffic
372	impacts, if:
373	(a)  The development of regional impact meets or exceeds
374	the guidelines and standards of s. 380.0651(3)(h)(i) and rule
375	28-24.032(2), Florida Administrative Code, and includes a
376	residential component that contains at least 100 residential
377	dwelling units or 15 percent of the applicable residential
378	guideline and standard, whichever is greater;
379
380	The proportionate-share contribution may be applied to any
381	transportation facility to satisfy the provisions of this
382	subsection and the local comprehensive plan, but, for the
383	purposes of this subsection, the amount of the proportionate-
384	share contribution shall be calculated based upon the cumulative
385	number of trips from the proposed development expected to reach
386	roadways during the peak hour from the complete buildout of a
387	stage or phase being approved, divided by the change in the peak
388	hour maximum service volume of roadways resulting from
389	construction of an improvement necessary to maintain the adopted
390	level of service, multiplied by the construction cost, at the
391	time of developer payment, of the improvement necessary to
392	maintain the adopted level of service. For purposes of this
393	subsection, "construction cost" includes all associated costs of
394	the improvement.
395	Section 4.  Subsection (3) of section 197.303, Florida
396	Statutes, is amended to read:
397	197.303  Ad valorem tax deferral for recreational and
398	commercial working waterfront properties.--
399	(3)  The ordinance shall designate the percentage or amount
400	of the deferral and the type and location of working waterfront
401	property, including the type of public lodging establishments,
402	for which deferrals may be granted, which may include any
403	property meeting the provisions of s. 342.07(2), which property
404	may be further required to be located within a particular
405	geographic area or areas of the county or municipality.
406	Section 5.  Section 336.68, Florida Statutes, is created to
407	read:
408	336.68  Special road and bridge district boundaries;
409	property owner rights and options.--
410	(1)  The owner of real property located within both the
411	boundaries of a community development district created under
412	chapter 190 and within the boundaries of a special road and
413	bridge district created by the alternative method of
414	establishing special road and bridge districts previously
415	authorized under ss. 336.61-336.67 shall have the option to
416	select the community development district to be the provider of
417	the road and drainage improvements to the property of the owner.
418	Having made the selection, the property owner shall further have
419	the right to withdraw the property from the boundaries of the
420	special road and bridge district under the procedures set forth
421	in this section.
422	(2)  To be eligible for withdrawal, the subject property
423	shall not have received improvements or benefits from the
424	special road and bridge district; there shall be no outstanding
425	bonded indebtedness of the special road and bridge district for
426	which the property is subject to ad valorem tax levies; and the
427	withdrawal of the property shall not create an enclave bounded
428	on all sides by the other property within the boundaries of the
429	district when the property owner withdraws the property from the
430	boundaries of the district.
431	(3)  The election by a property owner to withdraw property
432	from the boundaries of a district as described in this section
433	shall be accomplished by filing a certificate in the official
434	records of the county in which the property is located. The
435	certificate shall identify the name and mailing address of the
436	owner, the legal description of the property, the name of the
437	district from which the property is being withdrawn, and the
438	general location of the property within district. The
439	certificate shall further state that the property has not
440	received benefits from the district from which the property is
441	to be withdrawn; that there is no bonded indebtedness owed by
442	the district; and that the property being withdrawn will not
443	become an enclave within the district boundaries.
444	(4)  The property owner shall provide copies of the
445	recorded certificate to the governing body of the district from
446	which the property is being withdrawn within days 10 days after
447	the date that the certificate is recorded. If the district does
448	not record an objection to the withdrawal of the property in the
449	public records within 30 days after the recording of the
450	certificate identifying the criteria in this section that has
451	not been met, the withdrawal shall be final and the property
452	shall be permanently withdrawn from the boundaries of the
453	district.
454	Section 6.  Section 342.07, Florida Statutes, is amended to
455	read:
456	342.07  Recreational and commercial working waterfronts;
457	legislative findings; definitions.--
458	(1)  The Legislature recognizes that there is an important
459	state interest in facilitating boating and other recreational
460	access to the state's navigable waters. This access is vital to
461	tourists and recreational users and the marine industry in the
462	state, to maintaining or enhancing the $57 billion economic
463	impact of tourism and the $14 billion economic impact of boating
464	in the state annually, and to ensuring continued access to all
465	residents and visitors to the navigable waters of the state. The
466	Legislature recognizes that there is an important state interest
467	in maintaining viable water-dependent support facilities, such
468	as public lodging establishments and boat hauling and repairing
469	and commercial fishing facilities, and in maintaining the
470	availability of public access to the navigable waters of the
471	state. The Legislature further recognizes that the waterways of
472	the state are important for engaging in commerce and the
473	transportation of goods and people upon such waterways and that
474	such commerce and transportation is not feasible unless there is
475	access to and from the navigable waters of the state through
476	recreational and commercial working waterfronts.
477	(2)  As used in this section, the term "recreational and
478	commercial working waterfront" means a parcel or parcels of real
479	property that provide access for water-dependent commercial
480	activities, including hotels and motels as defined in s.
481	509.242(1), or provide access for the public to the navigable
482	waters of the state. Recreational and commercial working
483	waterfronts require direct access to or a location on, over, or
484	adjacent to a navigable body of water. The term includes water-
485	dependent facilities that are open to the public and offer
486	public access by vessels to the waters of the state or that are
487	support facilities for recreational, commercial, research, or
488	governmental vessels. These facilities include public lodging
489	establishments, docks, wharfs, lifts, wet and dry marinas, boat
490	ramps, boat hauling and repair facilities, commercial fishing
491	facilities, boat construction facilities, and other support
492	structures over the water. As used in this section, the term
493	"vessel" has the same meaning as in s. 327.02(37). Seaports are
494	excluded from the definition.
495	Section 7.  Section 373.4132, Florida Statutes, is created
496	to read:
497	373.4132  Dry storage facility permitting.--The governing
498	board or the department shall require a permit under this part,
499	including s. 373.4145, for the construction, alteration,
500	operation, maintenance, abandonment, or removal of a dry storage
501	facility for 10 or more vessels that is functionally associated
502	with a boat launching area. As part of an applicant's
503	demonstration that such a facility will not be harmful to the
504	water resources and will not be inconsistent with the overall
505	objectives of the district, the governing board or department
506	shall require the applicant to provide reasonable assurance that
507	the secondary impacts from the facility will not cause adverse
508	impacts to the functions of wetlands and surface waters,
509	including violations of state water quality standards applicable
510	to waters as defined in s. 403.031(13), and will meet the public
511	interest test of s. 373.414(1)(a), including the potential
512	adverse impacts to manatees. Nothing in this section shall
513	affect the authority of the governing board or the department to
514	regulate such secondary impacts under this part for other
515	regulated activities.
516	Section 8.  Paragraph (d) of subsection (2), paragraphs (a)
517	and (i) of subsection (4), and subsections (15), (19), (24), and
518	(26) of section 380.06, Florida Statutes, are amended, and
519	subsection (28) is added to that section, to read:
520	380.06  Developments of regional impact.--
521	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
522	(d)  The guidelines and standards shall be applied as
523	follows:
524	1.  Fixed thresholds.--
525	a.  A development that is below 100 percent of all
526	numerical thresholds in the guidelines and standards shall not
527	be required to undergo development-of-regional-impact review.
528	b.  A development that is at or above 120 percent of any
529	numerical threshold shall be required to undergo development-of-
530	regional-impact review.
531	c.  Projects certified under s. 403.973 which create at
532	least 100 jobs and meet the criteria of the Office of Tourism,
533	Trade, and Economic Development as to their impact on an area's
534	economy, employment, and prevailing wage and skill levels that
535	are at or below 100 percent of the numerical thresholds for
536	industrial plants, industrial parks, distribution, warehousing
537	or wholesaling facilities, office development or multiuse
538	projects other than residential, as described in s.
539	380.0651(3)(c), (d), and (h)(i), are not required to undergo
540	development-of-regional-impact review.
541	2.  Rebuttable presumption.--It shall be presumed that a
542	development that is at 100 percent or between 100 and 120
543	percent of a numerical threshold shall be required to undergo
544	development-of-regional-impact review.
545	(4)  BINDING LETTER.--
546	(a)  If any developer is in doubt whether his or her
547	proposed development must undergo development-of-regional-impact
548	review under the guidelines and standards, whether his or her
549	rights have vested pursuant to subsection (20), or whether a
550	proposed substantial change to a development of regional impact
551	concerning which rights had previously vested pursuant to
552	subsection (20) would divest such rights, the developer may
553	request a determination from the state land planning agency. The
554	developer or the appropriate local government having
555	jurisdiction may request that the state land planning agency
556	determine whether the amount of development that remains to be
557	built in an approved development of regional impact meets the
558	criteria of subparagraph (15)(g)3.
559	(i)  In response to an inquiry from a developer or the
560	appropriate local government having jurisdiction, the state land
561	planning agency may issue an informal determination in the form
562	of a clearance letter as to whether a development is required to
563	undergo development-of-regional-impact review or whether the
564	amount of development that remains to be built in an approved
565	development of regional impact meets the criteria of
566	subparagraph (15)(g)3. A clearance letter may be based solely on
567	the information provided by the developer, and the state land
568	planning agency is not required to conduct an investigation of
569	that information. If any material information provided by the
570	developer is incomplete or inaccurate, the clearance letter is
571	not binding upon the state land planning agency. A clearance
572	letter does not constitute final agency action.
573	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
574	(a)  The appropriate local government shall render a
575	decision on the application within 30 days after the hearing
576	unless an extension is requested by the developer.
577	(b)  When possible, local governments shall issue
578	development orders concurrently with any other local permits or
579	development approvals that may be applicable to the proposed
580	development.
581	(c)  The development order shall include findings of fact
582	and conclusions of law consistent with subsections (13) and
583	(14). The development order:
584	1.  Shall specify the monitoring procedures and the local
585	official responsible for assuring compliance by the developer
586	with the development order.
587	2.  Shall establish compliance dates for the development
588	order, including a deadline for commencing physical development
589	and for compliance with conditions of approval or phasing
590	requirements, and shall include a buildout termination date that
591	reasonably reflects the time anticipated required to complete
592	the development.
593	3.  Shall establish a date until which the local government
594	agrees that the approved development of regional impact shall
595	not be subject to downzoning, unit density reduction, or
596	intensity reduction, unless the local government can demonstrate
597	that substantial changes in the conditions underlying the
598	approval of the development order have occurred or the
599	development order was based on substantially inaccurate
600	information provided by the developer or that the change is
601	clearly established by local government to be essential to the
602	public health, safety, or welfare. The date established pursuant
603	to this subparagraph shall be no sooner than the buildout date
604	of the project.
605	4.  Shall specify the requirements for the biennial report
606	designated under subsection (18), including the date of
607	submission, parties to whom the report is submitted, and
608	contents of the report, based upon the rules adopted by the
609	state land planning agency. Such rules shall specify the scope
610	of any additional local requirements that may be necessary for
611	the report.
612	5.  May specify the types of changes to the development
613	which shall require submission for a substantial deviation
614	determination or a notice of proposed change under subsection
615	(19).
616	6.  Shall include a legal description of the property.
617	(d)  Conditions of a development order that require a
618	developer to contribute land for a public facility or construct,
619	expand, or pay for land acquisition or construction or expansion
620	of a public facility, or portion thereof, shall meet the
621	following criteria:
622	1.  The need to construct new facilities or add to the
623	present system of public facilities must be reasonably
624	attributable to the proposed development.
625	2.  Any contribution of funds, land, or public facilities
626	required from the developer shall be comparable to the amount of
627	funds, land, or public facilities that the state or the local
628	government would reasonably expect to expend or provide, based
629	on projected costs of comparable projects, to mitigate the
630	impacts reasonably attributable to the proposed development.
631	3.  Any funds or lands contributed must be expressly
632	designated and used to mitigate impacts reasonably attributable
633	to the proposed development.
634	4.  Construction or expansion of a public facility by a
635	nongovernmental developer as a condition of a development order
636	to mitigate the impacts reasonably attributable to the proposed
637	development is not subject to competitive bidding or competitive
638	negotiation for selection of a contractor or design professional
639	for any part of the construction or design unless required by
640	the local government that issues the development order.
641	(e)1.  Effective July 1, 1986, A local government shall not
642	include, as a development order condition for a development of
643	regional impact, any requirement that a developer contribute or
644	pay for land acquisition or construction or expansion of public
645	facilities or portions thereof unless the local government has
646	enacted a local ordinance which requires other development not
647	subject to this section to contribute its proportionate share of
648	the funds, land, or public facilities necessary to accommodate
649	any impacts having a rational nexus to the proposed development,
650	and the need to construct new facilities or add to the present
651	system of public facilities must be reasonably attributable to
652	the proposed development.
653	2.  A local government shall not approve a development of
654	regional impact that does not make adequate provision for the
655	public facilities needed to accommodate the impacts of the
656	proposed development unless the local government includes in the
657	development order a commitment by the local government to
658	provide these facilities consistently with the development
659	schedule approved in the development order; however, a local
660	government's failure to meet the requirements of subparagraph 1.
661	and this subparagraph shall not preclude the issuance of a
662	development order where adequate provision is made by the
663	developer for the public facilities needed to accommodate the
664	impacts of the proposed development. Any funds or lands
665	contributed by a developer must be expressly designated and used
666	to accommodate impacts reasonably attributable to the proposed
667	development.
668	3.  The Department of Community Affairs and other state and
669	regional agencies involved in the administration and
670	implementation of this act shall cooperate and work with units
671	of local government in preparing and adopting local impact fee
672	and other contribution ordinances.
673	(f)  Notice of the adoption of a development order or the
674	subsequent amendments to an adopted development order shall be
675	recorded by the developer, in accordance with s. 28.222, with
676	the clerk of the circuit court for each county in which the
677	development is located. The notice shall include a legal
678	description of the property covered by the order and shall state
679	which unit of local government adopted the development order,
680	the date of adoption, the date of adoption of any amendments to
681	the development order, the location where the adopted order with
682	any amendments may be examined, and that the development order
683	constitutes a land development regulation applicable to the
684	property. The recording of this notice shall not constitute a
685	lien, cloud, or encumbrance on real property, or actual or
686	constructive notice of any such lien, cloud, or encumbrance.
687	This paragraph applies only to developments initially approved
688	under this section after July 1, 1980.
689	(g)  A local government shall not issue permits for
690	development subsequent to the buildout termination date or
691	expiration date contained in the development order unless:
692	1.  The proposed development has been evaluated
693	cumulatively with existing development under the substantial
694	deviation provisions of subsection (19) subsequent to the
695	termination or expiration date;
696	2.  The proposed development is consistent with an
697	abandonment of development order that has been issued in
698	accordance with the provisions of subsection (26); or
699	3.  The development of regional impact is essentially built
700	out, in that all the mitigation requirements in the development
701	order have been satisfied, all developers are in compliance with
702	all applicable terms and conditions of the development order
703	except the buildout date, and the amount of proposed development
704	that remains to be built is less than 20 percent of any
705	applicable development-of-regional-impact threshold; or
706	4.3.  The project has been determined to be an essentially
707	built-out development of regional impact through an agreement
708	executed by the developer, the state land planning agency, and
709	the local government, in accordance with s. 380.032, which will
710	establish the terms and conditions under which the development
711	may be continued. If the project is determined to be essentially
712	built out built-out, development may proceed pursuant to the s.
713	380.032 agreement after the termination or expiration date
714	contained in the development order without further development-
715	of-regional-impact review subject to the local government
716	comprehensive plan and land development regulations or subject
717	to a modified development-of-regional-impact analysis. As used
718	in this paragraph, an "essentially built-out" development of
719	regional impact means:
720	a.  The developers are development is in compliance with
721	all applicable terms and conditions of the development order
722	except the buildout built-out date; and
723	b.(I)  The amount of development that remains to be built
724	is less than the substantial deviation threshold specified in
725	paragraph (19)(b) for each individual land use category, or, for
726	a multiuse development, the sum total of all unbuilt land uses
727	as a percentage of the applicable substantial deviation
728	threshold is equal to or less than 100 percent; or
729	(II)  The state land planning agency and the local
730	government have agreed in writing that the amount of development
731	to be built does not create the likelihood of any additional
732	regional impact not previously reviewed.
733
734	The single-family residential portions of a development may be
735	considered "essentially built out" if all of the workforce
736	housing obligations and all of the infrastructure and horizontal
737	development have been completed, at least 50 percent of the
738	dwelling units have been completed, and more than 80 percent of
739	the lots have been conveyed to third-party individual lot owners
740	or to individual builders who own no more than 40 lots at the
741	time of the determination. The mobile home park portions of a
742	development may be considered "essentially built out" if all the
743	infrastructure and horizontal development has been completed,
744	and at least 50 percent of the lots are leased to individual
745	mobile home owners.
746	(h)  If the property is annexed by another local
747	jurisdiction, the annexing jurisdiction shall adopt a new
748	development order that incorporates all previous rights and
749	obligations specified in the prior development order.
750	(19)  SUBSTANTIAL DEVIATIONS.--
751	(a)  Any proposed change to a previously approved
752	development which creates a reasonable likelihood of additional
753	regional impact, or any type of regional impact created by the
754	change not previously reviewed by the regional planning agency,
755	shall constitute a substantial deviation and shall cause the
756	proposed change development to be subject to further
757	development-of-regional-impact review. There are a variety of
758	reasons why a developer may wish to propose changes to an
759	approved development of regional impact, including changed
760	market conditions. The procedures set forth in this subsection
761	are for that purpose.
762	(b)  Any proposed change to a previously approved
763	development of regional impact or development order condition
764	which, either individually or cumulatively with other changes,
765	exceeds any of the following criteria shall constitute a
766	substantial deviation and shall cause the development to be
767	subject to further development-of-regional-impact review without
768	the necessity for a finding of same by the local government:
769	1.  An increase in the number of parking spaces at an
770	attraction or recreational facility by 10 5 percent or 330 300
771	spaces, whichever is greater, or an increase in the number of
772	spectators that may be accommodated at such a facility by 10 5
773	percent or 1,100 1,000 spectators, whichever is greater.
774	2.  A new runway, a new terminal facility, a 25-percent
775	lengthening of an existing runway, or a 25-percent increase in
776	the number of gates of an existing terminal, but only if the
777	increase adds at least three additional gates.
778	3.  An increase in the number of hospital beds by 5 percent
779	or 60 beds, whichever is greater.
780	3.4.  An increase in industrial development area by 10 5
781	percent or 35 32 acres, whichever is greater.
782	4.5.  An increase in the average annual acreage mined by 10
783	5 percent or 11 10 acres, whichever is greater, or an increase
784	in the average daily water consumption by a mining operation by
785	10 5 percent or 330,000 300,000 gallons, whichever is greater. A
786	net An increase in the size of the mine by 10 5 percent or 825
787	750 acres, whichever is less. For purposes of calculating any
788	net increases in size, only additions and deletions of lands
789	that have not been mined shall be considered. An increase in the
790	size of a heavy mineral mine as defined in s. 378.403(7) will
791	only constitute a substantial deviation if the average annual
792	acreage mined is more than 550 500 acres and consumes more than
793	3.3 3 million gallons of water per day.
794	5.6.  An increase in land area for office development by 10
795	5 percent or an increase of gross floor area of office
796	development by 10 5 percent or 66,000 60,000 gross square feet,
797	whichever is greater.
798	7.  An increase in the storage capacity for chemical or
799	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
800	million pounds, whichever is greater.
801	8.  An increase of development at a waterport of wet
802	storage for 20 watercraft, dry storage for 30 watercraft, or
803	wet/dry storage for 60 watercraft in an area identified in the
804	state marina siting plan as an appropriate site for additional
805	waterport development or a 5-percent increase in watercraft
806	storage capacity, whichever is greater.
807	6.9.  An increase in the number of dwelling units by 10 5
808	percent or 55 50 dwelling units, whichever is greater.
809	7.  An increase in the number of dwelling units by 50
810	percent or 200 units, whichever is greater, provided that 15
811	percent of the proposed additional dwelling units are dedicated
812	to affordable workforce housing, subject to a recorded land use
813	restriction that shall be for a period of not less than 20 years
814	and that includes resale provisions to ensure long-term
815	affordability for income-eligible homeowners and renters and
816	provisions for the workforce housing to be commenced prior to
817	the completion of 50 percent of the market rate dwelling. For
818	purposes of this subparagraph, the term "affordable workforce
819	housing" means housing that is affordable to a person who earns
820	less than 120 percent of the area median income, or less than
821	140 percent of the area median income if located in a county in
822	which the median purchase price for a single-family existing
823	home exceeds the statewide median purchase price of a single-
824	family existing home. For purposes of this subparagraph, the
825	term "statewide median purchase price of a single-family
826	existing home" means the statewide purchase price as determined
827	in the Florida Sales Report, Single-Family Existing Homes,
828	released each January by the Florida Association of Realtors and
829	the University of Florida Real Estate Research Center.
830	8.10.  An increase in commercial development by 55,000
831	50,000 square feet of gross floor area or of parking spaces
832	provided for customers for 330 300 cars or a 10-percent 5-
833	percent increase of either of these, whichever is greater.
834	9.11.  An increase in hotel or motel rooms facility units
835	by 10 5 percent or 83 rooms 75 units, whichever is greater.
836	10.12.  An increase in a recreational vehicle park area by
837	10 5 percent or 110 100 vehicle spaces, whichever is less.
838	11.13.  A decrease in the area set aside for open space of
839	5 percent or 20 acres, whichever is less.
840	12.14.  A proposed increase to an approved multiuse
841	development of regional impact where the sum of the increases of
842	each land use as a percentage of the applicable substantial
843	deviation criteria is equal to or exceeds 110 100 percent. The
844	percentage of any decrease in the amount of open space shall be
845	treated as an increase for purposes of determining when 110 100
846	percent has been reached or exceeded.
847	13.15.  A 15-percent increase in the number of external
848	vehicle trips generated by the development above that which was
849	projected during the original development-of-regional-impact
850	review.
851	14.16.  Any change which would result in development of any
852	area which was specifically set aside in the application for
853	development approval or in the development order for
854	preservation or special protection of endangered or threatened
855	plants or animals designated as endangered, threatened, or
856	species of special concern and their habitat, any species
857	protected by 16 U.S.C. s. 668a-668d, primary dunes, or
858	archaeological and historical sites designated as significant by
859	the Division of Historical Resources of the Department of State.
860	The further refinement of the boundaries and configuration of
861	such areas by survey shall be considered under sub-subparagraph
862	(e)2.j. (e)5.b.
863
864	The substantial deviation numerical standards in subparagraphs
865	3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding residential
866	uses, and in subparagraph 13. 15., are increased by 100 percent
867	for a project certified under s. 403.973 which creates jobs and
868	meets criteria established by the Office of Tourism, Trade, and
869	Economic Development as to its impact on an area's economy,
870	employment, and prevailing wage and skill levels. The
871	substantial deviation numerical standards in subparagraphs 3.,
872	5., 6., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14.
873	are increased by 50 percent for a project located wholly within
874	an urban infill and redevelopment area designated on the
875	applicable adopted local comprehensive plan future land use map
876	and not located within the coastal high hazard area.
877	(c)  An extension of the date of buildout of a development,
878	or any phase thereof, by more than 7 or more years shall be
879	presumed to create a substantial deviation subject to further
880	development-of-regional-impact review. An extension of the date
881	of buildout, or any phase thereof, of more than 5 years or more
882	but not more less than 7 years shall be presumed not to create a
883	substantial deviation. The extension of the date of buildout of
884	an areawide development of regional impact by more than 5 years
885	but less than 10 years is presumed not to create a substantial
886	deviation. These presumptions may be rebutted by clear and
887	convincing evidence at the public hearing held by the local
888	government. An extension of 5 years or less than 5 years is not
889	a substantial deviation. For the purpose of calculating when a
890	buildout or, phase, or termination date has been exceeded, the
891	time shall be tolled during the pendency of administrative or
892	judicial proceedings relating to development permits. Any
893	extension of the buildout date of a project or a phase thereof
894	shall automatically extend the commencement date of the project,
895	the termination date of the development order, the expiration
896	date of the development of regional impact, and the phases
897	thereof if applicable by a like period of time.
898	(d)  A change in the plan of development of an approved
899	development of regional impact resulting from requirements
900	imposed by the Department of Environmental Protection or any
901	water management district created by s. 373.069 or any of their
902	successor agencies or by any appropriate federal regulatory
903	agency shall be submitted to the local government pursuant to
904	this subsection. The change shall be presumed not to create a
905	substantial deviation subject to further development-of-
906	regional-impact review. The presumption may be rebutted by clear
907	and convincing evidence at the public hearing held by the local
908	government.
909	(e)1.  Except for a development order rendered pursuant to
910	subsection (22) or subsection (25), a proposed change to a
911	development order that individually or cumulatively with any
912	previous change is less than any numerical criterion contained
913	in subparagraphs (b)1.-13. (b)1.-15. and does not exceed any
914	other criterion, or that involves an extension of the buildout
915	date of a development, or any phase thereof, of less than 5
916	years is not subject to the public hearing requirements of
917	subparagraph (f)3., and is not subject to a determination
918	pursuant to subparagraph (f)5. Notice of the proposed change
919	shall be made to the regional planning council and the state
920	land planning agency. Such notice shall include a description of
921	previous individual changes made to the development, including
922	changes previously approved by the local government, and shall
923	include appropriate amendments to the development order.
924	2.  The following changes, individually or cumulatively
925	with any previous changes, are not substantial deviations:
926	a.  Changes in the name of the project, developer, owner,
927	or monitoring official.
928	b.  Changes to a setback that do not affect noise buffers,
929	environmental protection or mitigation areas, or archaeological
930	or historical resources.
931	c.  Changes to minimum lot sizes.
932	d.  Changes in the configuration of internal roads that do
933	not affect external access points.
934	e.  Changes to the building design or orientation that stay
935	approximately within the approved area designated for such
936	building and parking lot, and which do not affect historical
937	buildings designated as significant by the Division of
938	Historical Resources of the Department of State.
939	f.  Changes to increase the acreage in the development,
940	provided that no development is proposed on the acreage to be
941	added.
942	g.  Changes to eliminate an approved land use, provided
943	that there are no additional regional impacts.
944	h.  Changes required to conform to permits approved by any
945	federal, state, or regional permitting agency, provided that
946	these changes do not create additional regional impacts.
947	i.  Any renovation or redevelopment of development within a
948	previously approved development of regional impact which does
949	not change land use or increase density or intensity of use.
950	j.  Changes that modify boundaries and configuration of
951	areas described in subparagraph (b)14. due to science-based
952	refinement of such areas by survey, by habitat evaluation, by
953	other recognized assessment methodology, or by an environmental
954	assessment. In order for changes to qualify under this sub-
955	subparagraph, the survey, habitat evaluation, or assessment must
956	occur prior to the time a conservation easement protecting such
957	lands is recorded and must not result in any net decrease in the
958	total acreage of the lands specifically set aside for permanent
959	preservation in the final development order.
960	k.j.  Any other change which the state land planning
961	agency, in consultation with the regional planning council,
962	agrees in writing is similar in nature, impact, or character to
963	the changes enumerated in sub-subparagraphs a.-j. a.-i. and
964	which does not create the likelihood of any additional regional
965	impact.
966
967	This subsection does not require the filing of a notice of
968	proposed change but shall require an application to the local
969	government to amend the development order in accordance with the
970	local government's procedures for amendment of a development
971	order. In accordance with the local government's procedures,
972	including requirements for notice to the applicant and the
973	public, the local government shall either deny the application
974	for amendment or adopt an amendment to the development order
975	which approves the application with or without conditions.
976	Following adoption, the local government shall render to the
977	state land planning agency the amendment to the development
978	order. The state land planning agency may appeal, pursuant to s.
979	380.07(3), the amendment to the development order if the
980	amendment involves sub-subparagraph g., sub-subparagraph h.,
981	sub-subparagraph j., or sub-subparagraph k. and it believes the
982	change creates a reasonable likelihood of new or additional
983	regional impacts a development order amendment for any change
984	listed in sub-subparagraphs a.-j. unless such issue is addressed
985	either in the existing development order or in the application
986	for development approval, but, in the case of the application,
987	only if, and in the manner in which, the application is
988	incorporated in the development order.
989	3.  Except for the change authorized by sub-subparagraph
990	2.f., any addition of land not previously reviewed or any change
991	not specified in paragraph (b) or paragraph (c) shall be
992	presumed to create a substantial deviation. This presumption may
993	be rebutted by clear and convincing evidence.
994	4.  Any submittal of a proposed change to a previously
995	approved development shall include a description of individual
996	changes previously made to the development, including changes
997	previously approved by the local government. The local
998	government shall consider the previous and current proposed
999	changes in deciding whether such changes cumulatively constitute
1000	a substantial deviation requiring further development-of-
1001	regional-impact review.
1002	5.  The following changes to an approved development of
1003	regional impact shall be presumed to create a substantial
1004	deviation. Such presumption may be rebutted by clear and
1005	convincing evidence.
1006	a.  A change proposed for 15 percent or more of the acreage
1007	to a land use not previously approved in the development order.
1008	Changes of less than 15 percent shall be presumed not to create
1009	a substantial deviation.
1010	b.  Except for the types of uses listed in subparagraph
1011	(b)16., any change which would result in the development of any
1012	area which was specifically set aside in the application for
1013	development approval or in the development order for
1014	preservation, buffers, or special protection, including habitat
1015	for plant and animal species, archaeological and historical
1016	sites, dunes, and other special areas.
1017	b.c.  Notwithstanding any provision of paragraph (b) to the
1018	contrary, a proposed change consisting of simultaneous increases
1019	and decreases of at least two of the uses within an authorized
1020	multiuse development of regional impact which was originally
1021	approved with three or more uses specified in s. 380.0651(3)(c),
1022	(d), (e)(f), and (f)(g) and residential use.
1023	(f)1.  The state land planning agency shall establish by
1024	rule standard forms for submittal of proposed changes to a
1025	previously approved development of regional impact which may
1026	require further development-of-regional-impact review. At a
1027	minimum, the standard form shall require the developer to
1028	provide the precise language that the developer proposes to
1029	delete or add as an amendment to the development order.
1030	2.  The developer shall submit, simultaneously, to the
1031	local government, the regional planning agency, and the state
1032	land planning agency the request for approval of a proposed
1033	change.
1034	3.  No sooner than 30 days but no later than 45 days after
1035	submittal by the developer to the local government, the state
1036	land planning agency, and the appropriate regional planning
1037	agency, the local government shall give 15 days' notice and
1038	schedule a public hearing to consider the change that the
1039	developer asserts does not create a substantial deviation. This
1040	public hearing shall be held within 60 90 days after submittal
1041	of the proposed changes, unless that time is extended by the
1042	developer.
1043	4.  The appropriate regional planning agency or the state
1044	land planning agency shall review the proposed change and, no
1045	later than 45 days after submittal by the developer of the
1046	proposed change, unless that time is extended by the developer,
1047	and prior to the public hearing at which the proposed change is
1048	to be considered, shall advise the local government in writing
1049	whether it objects to the proposed change, shall specify the
1050	reasons for its objection, if any, and shall provide a copy to
1051	the developer.
1052	5.  At the public hearing, the local government shall
1053	determine whether the proposed change requires further
1054	development-of-regional-impact review. The provisions of
1055	paragraphs (a) and (e), the thresholds set forth in paragraph
1056	(b), and the presumptions set forth in paragraphs (c) and (d)
1057	and subparagraph (e)3. shall be applicable in determining
1058	whether further development-of-regional-impact review is
1059	required.
1060	6.  If the local government determines that the proposed
1061	change does not require further development-of-regional-impact
1062	review and is otherwise approved, or if the proposed change is
1063	not subject to a hearing and determination pursuant to
1064	subparagraphs 3. and 5. and is otherwise approved, the local
1065	government shall issue an amendment to the development order
1066	incorporating the approved change and conditions of approval
1067	relating to the change. The requirement that a change be
1068	otherwise approved shall not be construed to require additional
1069	local review or approval if the change is allowed by applicable
1070	local ordinances without further local review or approval. The
1071	decision of the local government to approve, with or without
1072	conditions, or to deny the proposed change that the developer
1073	asserts does not require further review shall be subject to the
1074	appeal provisions of s. 380.07. However, the state land planning
1075	agency may not appeal the local government decision if it did
1076	not comply with subparagraph 4. The state land planning agency
1077	may not appeal a change to a development order made pursuant to
1078	subparagraph (e)1. or subparagraph (e)2. for developments of
1079	regional impact approved after January 1, 1980, unless the
1080	change would result in a significant impact to a regionally
1081	significant archaeological, historical, or natural resource not
1082	previously identified in the original development-of-regional-
1083	impact review.
1084	(g)  If a proposed change requires further development-of-
1085	regional-impact review pursuant to this section, the review
1086	shall be conducted subject to the following additional
1087	conditions:
1088	1.  The development-of-regional-impact review conducted by
1089	the appropriate regional planning agency shall address only
1090	those issues raised by the proposed change except as provided in
1091	subparagraph 2.
1092	2.  The regional planning agency shall consider, and the
1093	local government shall determine whether to approve, approve
1094	with conditions, or deny the proposed change as it relates to
1095	the entire development. If the local government determines that
1096	the proposed change, as it relates to the entire development, is
1097	unacceptable, the local government shall deny the change.
1098	3.  If the local government determines that the proposed
1099	change, as it relates to the entire development, should be
1100	approved, any new conditions in the amendment to the development
1101	order issued by the local government shall address only those
1102	issues raised by the proposed change and require mitigation only
1103	for the individual and cumulative impacts of the proposed
1104	change.
1105	4.  Development within the previously approved development
1106	of regional impact may continue, as approved, during the
1107	development-of-regional-impact review in those portions of the
1108	development which are not directly affected by the proposed
1109	change.
1110	(h)  When further development-of-regional-impact review is
1111	required because a substantial deviation has been determined or
1112	admitted by the developer, the amendment to the development
1113	order issued by the local government shall be consistent with
1114	the requirements of subsection (15) and shall be subject to the
1115	hearing and appeal provisions of s. 380.07. The state land
1116	planning agency or the appropriate regional planning agency need
1117	not participate at the local hearing in order to appeal a local
1118	government development order issued pursuant to this paragraph.
1119	(i)  An increase in the number of residential dwelling
1120	units shall not constitute a substantial deviation and shall not
1121	be subject to development-of-regional-impact review for
1122	additional impacts provided that all the residential dwelling
1123	units are dedicated to affordable workforce housing and the
1124	total number of new residential units does not exceed 200
1125	percent of the substantial deviation threshold. The affordable
1126	workforce housing shall be subject to a recorded land use
1127	restriction that shall be for a period of not less than 20 years
1128	and that includes resale provisions to ensure long-term
1129	affordability for income-eligible homeowners and renters. For
1130	purposes of this paragraph, the term "affordable workforce
1131	housing" means housing that is affordable to a person who earns
1132	less than 120 percent of the area median income, or less than
1133	140 percent of the area median income if located in a county in
1134	which the median purchase price for a single-family existing
1135	home exceeds the statewide median purchase price of a single-
1136	family existing home. For purposes of this paragraph, the term
1137	"statewide median purchase price of a single-family existing
1138	home" means the statewide purchase price as determined in the
1139	Florida Sales Report, Single-Family Existing Homes, released
1140	each January by the Florida Association of Realtors and the
1141	University of Florida Real Estate Research Center.
1142	(24)  STATUTORY EXEMPTIONS.--
1143	(a)  Any proposed hospital which has a designed capacity of
1144	not more than 100 beds is exempt from the provisions of this
1145	section.
1146	(b)  Any proposed electrical transmission line or
1147	electrical power plant is exempt from the provisions of this
1148	section, except any steam or solar electrical generating
1149	facility of less than 50 megawatts in capacity attached to a
1150	development of regional impact.
1151	(c)  Any proposed addition to an existing sports facility
1152	complex is exempt from the provisions of this section if the
1153	addition meets the following characteristics:
1154	1.  It would not operate concurrently with the scheduled
1155	hours of operation of the existing facility.
1156	2.  Its seating capacity would be no more than 75 percent
1157	of the capacity of the existing facility.
1158	3.  The sports facility complex property is owned by a
1159	public body prior to July 1, 1983.
1160
1161	This exemption does not apply to any pari-mutuel facility.
1162	(d)  Any proposed addition or cumulative additions
1163	subsequent to July 1, 1988, to an existing sports facility
1164	complex owned by a state university is exempt if the increased
1165	seating capacity of the complex is no more than 30 percent of
1166	the capacity of the existing facility.
1167	(e)  Any addition of permanent seats or parking spaces for
1168	an existing sports facility located on property owned by a
1169	public body prior to July 1, 1973, is exempt from the provisions
1170	of this section if future additions do not expand existing
1171	permanent seating or parking capacity more than 15 percent
1172	annually in excess of the prior year's capacity.
1173	(f)  Any increase in the seating capacity of an existing
1174	sports facility having a permanent seating capacity of at least
1175	50,000 spectators is exempt from the provisions of this section,
1176	provided that such an increase does not increase permanent
1177	seating capacity by more than 5 percent per year and not to
1178	exceed a total of 10 percent in any 5-year period, and provided
1179	that the sports facility notifies the appropriate local
1180	government within which the facility is located of the increase
1181	at least 6 months prior to the initial use of the increased
1182	seating, in order to permit the appropriate local government to
1183	develop a traffic management plan for the traffic generated by
1184	the increase. Any traffic management plan shall be consistent
1185	with the local comprehensive plan, the regional policy plan, and
1186	the state comprehensive plan.
1187	(g)  Any expansion in the permanent seating capacity or
1188	additional improved parking facilities of an existing sports
1189	facility is exempt from the provisions of this section, if the
1190	following conditions exist:
1191	1.a.  The sports facility had a permanent seating capacity
1192	on January 1, 1991, of at least 41,000 spectator seats;
1193	b.  The sum of such expansions in permanent seating
1194	capacity does not exceed a total of 10 percent in any 5-year
1195	period and does not exceed a cumulative total of 20 percent for
1196	any such expansions; or
1197	c.  The increase in additional improved parking facilities
1198	is a one-time addition and does not exceed 3,500 parking spaces
1199	serving the sports facility; and
1200	2.  The local government having jurisdiction of the sports
1201	facility includes in the development order or development permit
1202	approving such expansion under this paragraph a finding of fact
1203	that the proposed expansion is consistent with the
1204	transportation, water, sewer and stormwater drainage provisions
1205	of the approved local comprehensive plan and local land
1206	development regulations relating to those provisions.
1207
1208	Any owner or developer who intends to rely on this statutory
1209	exemption shall provide to the department a copy of the local
1210	government application for a development permit. Within 45 days
1211	of receipt of the application, the department shall render to
1212	the local government an advisory and nonbinding opinion, in
1213	writing, stating whether, in the department's opinion, the
1214	prescribed conditions exist for an exemption under this
1215	paragraph. The local government shall render the development
1216	order approving each such expansion to the department. The
1217	owner, developer, or department may appeal the local government
1218	development order pursuant to s. 380.07, within 45 days after
1219	the order is rendered. The scope of review shall be limited to
1220	the determination of whether the conditions prescribed in this
1221	paragraph exist. If any sports facility expansion undergoes
1222	development of regional impact review, all previous expansions
1223	which were exempt under this paragraph shall be included in the
1224	development of regional impact review.
1225	(h)  Expansion to port harbors, spoil disposal sites,
1226	navigation channels, turning basins, harbor berths, and other
1227	related inwater harbor facilities of ports listed in s.
1228	403.021(9)(b), port transportation facilities and projects
1229	listed in s. 311.07(3)(b), and intermodal transportation
1230	facilities identified pursuant to s. 311.09(3) are exempt from
1231	the provisions of this section when such expansions, projects,
1232	or facilities are consistent with comprehensive master plans
1233	that are in compliance with the provisions of s. 163.3178.
1234	(i)  Any proposed facility for the storage of any petroleum
1235	product or any expansion of an existing facility is exempt from
1236	the provisions of this section, if the facility is consistent
1237	with a local comprehensive plan that is in compliance with s.
1238	163.3177 or is consistent with a comprehensive port master plan
1239	that is in compliance with s. 163.3178.
1240	(j)  Any renovation or redevelopment within the same land
1241	parcel which does not change land use or increase density or
1242	intensity of use.
1243	(k)1.  Waterport and marina development, including dry
1244	storage facilities, are exempt from the provisions of this
1245	section Any waterport or marina development is exempt from the
1246	provisions of this section if the relevant county or
1247	municipality has adopted a boating facility siting plan or
1248	policy which includes applicable criteria, considering such
1249	factors as natural resources, manatee protection needs and
1250	recreation and economic demands as generally outlined in the
1251	Bureau of Protected Species Management Boat Facility Siting
1252	Guide, dated August 2000, into the coastal management or land
1253	use element of its comprehensive plan. The adoption of boating
1254	facility siting plans or policies into the comprehensive plan is
1255	exempt from the provisions of s. 163.3187(1). Any waterport or
1256	marina development within the municipalities or counties with
1257	boating facility siting plans or policies that meet the above
1258	criteria, adopted prior to April 1, 2002, are exempt from the
1259	provisions of this section, when their boating facility siting
1260	plan or policy is adopted as part of the relevant local
1261	government's comprehensive plan.
1262	2.  Within 6 months of the effective date of this law, The
1263	Department of Community Affairs, in conjunction with the
1264	Department of Environmental Protection and the Florida Fish and
1265	Wildlife Conservation Commission, shall provide technical
1266	assistance and guidelines, including model plans, policies and
1267	criteria to local governments for the development of their
1268	siting plans.
1269	(l)  Any proposed development within an urban service
1270	boundary established under s. 163.3177(14) is exempt from the
1271	provisions of this section if the local government having
1272	jurisdiction over the area where the development is proposed has
1273	adopted the urban service boundary, and has entered into a
1274	binding agreement with adjacent jurisdictions that would be
1275	impacted and with the Department of Transportation regarding the
1276	mitigation of impacts on state and regional transportation
1277	facilities, and has adopted a proportionate share methodology
1278	pursuant to s. 163.3180(16).
1279	(m)  Any proposed development within a rural land
1280	stewardship area created under s. 163.3177(11)(d) is exempt from
1281	the provisions of this section if the local government that has
1282	adopted the rural land stewardship area has entered into a
1283	binding agreement with jurisdictions that would be impacted and
1284	the Department of Transportation regarding the mitigation of
1285	impacts on state and regional transportation facilities, and has
1286	adopted a proportionate share methodology pursuant to s.
1287	163.3180(16).
1288	(n)  Any proposed development or redevelopment within an
1289	area designated as an urban infill and redevelopment area under
1290	s. 163.2517 is exempt from the provisions of this section if the
1291	local government has entered into a binding agreement with
1292	jurisdictions that would be impacted and the Department of
1293	Transportation regarding the mitigation of impacts on state and
1294	regional transportation facilities, and has adopted a
1295	proportionate share methodology pursuant to s. 163.3180(16).
1296	(o)  The establishment, relocation, or expansion of any
1297	military installation as defined in s. 163.3175, is exempt from
1298	this section.
1299	(p)  Any self-storage warehousing that does not allow
1300	retail or other services is exempt from this section.
1301	(q)  Any proposed nursing home or assisted living facility
1302	is exempt from this section.
1303	(r)  Any development identified in an airport master plan
1304	and adopted into the comprehensive plan pursuant to s.
1305	163.3177(6)(k) is exempt from this section.
1306	(s)  Any development identified in a campus master plan and
1307	adopted pursuant to s. 1013.30 is exempt from this section.
1308	(t)  Any development in a specific area plan which is
1309	prepared pursuant to s. 163.3245 and adopted into the
1310	comprehensive plan is exempt from this section.
1311
1312	If a use is exempt from review as a development of regional
1313	impact under paragraphs (a)-(t) but will be part of a larger
1314	project that is subject to review as a development of regional
1315	impact, the impact of the exempt use must be included in the
1316	review of the larger project.
1317	(26)  ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.--
1318	(a)  There is hereby established a process to abandon a
1319	development of regional impact and its associated development
1320	orders. A development of regional impact and its associated
1321	development orders may be proposed to be abandoned by the owner
1322	or developer. The local government in which the development of
1323	regional impact is located also may propose to abandon the
1324	development of regional impact, provided that the local
1325	government gives individual written notice to each development-
1326	of-regional-impact owner and developer of record, and provided
1327	that no such owner or developer objects in writing to the local
1328	government prior to or at the public hearing pertaining to
1329	abandonment of the development of regional impact. The state
1330	land planning agency is authorized to promulgate rules that
1331	shall include, but not be limited to, criteria for determining
1332	whether to grant, grant with conditions, or deny a proposal to
1333	abandon, and provisions to ensure that the developer satisfies
1334	all applicable conditions of the development order and
1335	adequately mitigates for the impacts of the development. If
1336	there is no existing development within the development of
1337	regional impact at the time of abandonment and no development
1338	within the development of regional impact is proposed by the
1339	owner or developer after such abandonment, an abandonment order
1340	shall not require the owner or developer to contribute any land,
1341	funds, or public facilities as a condition of such abandonment
1342	order. The rules shall also provide a procedure for filing
1343	notice of the abandonment pursuant to s. 28.222 with the clerk
1344	of the circuit court for each county in which the development of
1345	regional impact is located. Any decision by a local government
1346	concerning the abandonment of a development of regional impact
1347	shall be subject to an appeal pursuant to s. 380.07. The issues
1348	in any such appeal shall be confined to whether the provisions
1349	of this subsection or any rules promulgated thereunder have been
1350	satisfied.
1351	(b)  Upon receipt of written confirmation from the state
1352	land planning agency that any required mitigation applicable to
1353	completed development has occurred, an industrial development of
1354	regional impact located within the coastal high-hazard area of a
1355	rural county of economic concern which was approved prior to the
1356	adoption of the local government's comprehensive plan required
1357	under s. 163.3167 and which plan's future land use map and
1358	zoning designates the land use for the development of regional
1359	impact as commercial may be unilaterally abandoned without the
1360	need to proceed through the process described in paragraph (a)
1361	if the developer or owner provides a notice of abandonment to
1362	the local government and records such notice with the applicable
1363	clerk of court. Abandonment shall be deemed to have occurred
1364	upon the recording of the notice. All development following
1365	abandonment shall be fully consistent with the current
1366	comprehensive plan and applicable zoning.
1367	(28)  PARTIAL STATUTORY EXEMPTIONS.--
1368	(a)  If the binding agreement referenced under paragraph
1369	(24)(l) for urban service boundaries is not entered into within
1370	12 months after establishment of the urban service boundary, the
1371	development-of-regional-impact review for projects within the
1372	urban service boundary must address transportation impacts only.
1373	(b)  If the binding agreement referenced under paragraph
1374	(24)(m) for rural land stewardship areas is not entered into
1375	within 12 months after the designation of a rural land
1376	stewardship area, the development-of-regional-impact review for
1377	projects within the rural land stewardship area must address
1378	transportation impacts only.
1379	(c)  If the binding agreement referenced under paragraph
1380	(24)(n) for designated urban infill and redevelopment areas is
1381	not entered into within 12 months after the designation of the
1382	area or July 1, 2007, whichever occurs later, the development-
1383	of-regional-impact review for projects within the urban infill
1384	and redevelopment area must address transportation impacts only.
1385	(d)  A local government that does not wish to enter into a
1386	binding agreement or that is unable to agree on the terms of the
1387	agreement referenced under paragraph (24)(l), paragraph (24)(m),
1388	or paragraph (24)(n) shall provide written notification to the
1389	state land planning agency of the decision to not enter into a
1390	binding agreement or the failure to enter into a binding
1391	agreement within the 12-month period referenced in paragraphs
1392	(a), (b) and (c). Following the notification of the state land
1393	planning agency, development-of-regional-impact review for
1394	projects within an urban service boundary under paragraph
1395	(24)(l), a rural land stewardship area under paragraph (24)(m),
1396	or an urban infill and redevelopment area under paragraph
1397	(24)(n), must address transportation impacts only.
1398	(e)  The vesting provision of s. 163.3167(8) relating to an
1399	authorized development of regional impact shall not apply to
1400	those projects partially exempt from the development-of-
1401	regional-impact review process under paragraphs (a)-(d).
1402	Section 9.  Paragraphs (d) and (e) of subsection (3) of
1403	section 380.0651, Florida Statutes, are amended, paragraphs (f)
1404	through (i) are redesignated as paragraphs (e) through (h),
1405	respectively, paragraph (j) is redesignated as paragraph (i) and
1406	amended, and a new paragraph (j) is added to that subsection, to
1407	read:
1408	380.0651  Statewide guidelines and standards.--
1409	(3)  The following statewide guidelines and standards shall
1410	be applied in the manner described in s. 380.06(2) to determine
1411	whether the following developments shall be required to undergo
1412	development-of-regional-impact review:
1413	(d)  Office development.--Any proposed office building or
1414	park operated under common ownership, development plan, or
1415	management that:
1416	1.  Encompasses 300,000 or more square feet of gross floor
1417	area; or
1418	2.  Encompasses more than 600,000 square feet of gross
1419	floor area in a county with a population greater than 500,000
1420	and only in a geographic area specifically designated as highly
1421	suitable for increased threshold intensity in the approved local
1422	comprehensive plan and in the strategic regional policy plan.
1423	(e)  Port facilities.--The proposed construction of any
1424	waterport or marina is required to undergo
1425	development-of-regional-impact review, except one designed for:
1426	1.a.  The wet storage or mooring of fewer than 150
1427	watercraft used exclusively for sport, pleasure, or commercial
1428	fishing, or
1429	b.  The dry storage of fewer than 200 watercraft used
1430	exclusively for sport, pleasure, or commercial fishing, or
1431	c.  The wet or dry storage or mooring of fewer than 150
1432	watercraft on or adjacent to an inland freshwater lake except
1433	Lake Okeechobee or any lake which has been designated an
1434	Outstanding Florida Water, or
1435	d.  The wet or dry storage or mooring of fewer than 50
1436	watercraft of 40 feet in length or less of any type or purpose.
1437	The exceptions to this paragraph's requirements for development-
1438	of-regional-impact review shall not apply to any waterport or
1439	marina facility located within or which serves physical
1440	development located within a coastal barrier resource unit on an
1441	unbridged barrier island designated pursuant to 16 U.S.C. s.
1442	3501.
1443
1444	In addition to the foregoing, for projects for which no
1445	environmental resource permit or sovereign submerged land lease
1446	is required, the Department of Environmental Protection must
1447	determine in writing that a proposed marina in excess of 10
1448	slips or storage spaces or a combination of the two is located
1449	so that it will not adversely impact Outstanding Florida Waters
1450	or Class II waters and will not contribute boat traffic in a
1451	manner that will have an adverse impact on an area known to be,
1452	or likely to be, frequented by manatees. If the Department of
1453	Environmental Protection fails to issue its determination within
1454	45 days of receipt of a formal written request, it has waived
1455	its authority to make such determination. The Department of
1456	Environmental Protection determination shall constitute final
1457	agency action pursuant to chapter 120.
1458	2.  The dry storage of fewer than 300 watercraft used
1459	exclusively for sport, pleasure, or commercial fishing at a
1460	marina constructed and in operation prior to July 1, 1985.
1461	3.  Any proposed marina development with both wet and dry
1462	mooring or storage used exclusively for sport, pleasure, or
1463	commercial fishing, where the sum of percentages of the
1464	applicable wet and dry mooring or storage thresholds equals 100
1465	percent. This threshold is in addition to, and does not
1466	preclude, a development from being required to undergo
1467	development-of-regional-impact review under sub-subparagraphs
1468	1.a. and b. and subparagraph 2.
1469	(i)(j)  Residential development.--No rule may be adopted
1470	concerning residential developments which treats a residential
1471	development in one county as being located in a less populated
1472	adjacent county unless more than 25 percent of the development
1473	is located within 2 or less miles of the less populated adjacent
1474	county. The residential thresholds of adjacent counties with
1475	less population and a lower threshold shall not be controlling
1476	on any development wholly located within areas designated as
1477	rural areas of critical economic concern.
1478	(j)  Workforce housing.--The applicable guidelines for
1479	residential development and the residential component for
1480	multiuse development shall be increased by 50 percent where the
1481	developer demonstrates that at least 15 percent of the total
1482	residential dwelling units authorized within the development of
1483	regional impact will be dedicated to affordable workforce
1484	housing, subject to a recorded land use restriction that shall
1485	be for a period of not less than 20 years and that includes
1486	resale provisions to ensure long-term affordability for income-
1487	eligible homeowners and renters and provisions for the workforce
1488	housing to be commenced prior to the completion of 50 percent of
1489	the market rate dwelling. For purposes of this paragraph, the
1490	term "affordable workforce housing" means housing that is
1491	affordable to a person who earns less than 120 percent of the
1492	area median income, or less than 140 percent of the area median
1493	income if located in a county in which the median purchase price
1494	for a single-family existing home exceeds the statewide median
1495	purchase price of a single-family existing home. For the
1496	purposes of this paragraph, the term "statewide median purchase
1497	price of a single-family existing home" means the statewide
1498	purchase price as determined in the Florida Sales Report,
1499	Single-Family Existing Homes, released each January by the
1500	Florida Association of Realtors and the University of Florida
1501	Real Estate Research Center.
1502	Section 10.  Section 380.07, Florida Statutes, is amended
1503	to read:
1504	380.07  Florida Land and Water Adjudicatory Commission.--
1505	(1)  There is hereby created the Florida Land and Water
1506	Adjudicatory Commission, which shall consist of the
1507	Administration Commission. The commission may adopt rules
1508	necessary to ensure compliance with the area of critical state
1509	concern program and the requirements for developments of
1510	regional impact as set forth in this chapter.
1511	(2)  Whenever any local government issues any development
1512	order in any area of critical state concern, or in regard to any
1513	development of regional impact, copies of such orders as
1514	prescribed by rule by the state land planning agency shall be
1515	transmitted to the state land planning agency, the regional
1516	planning agency, and the owner or developer of the property
1517	affected by such order. The state land planning agency shall
1518	adopt rules describing development order rendition and
1519	effectiveness in designated areas of critical state concern.
1520	Within 45 days after the order is rendered, the owner, the
1521	developer, or the state land planning agency may appeal the
1522	order to the Florida Land and Water Adjudicatory Commission by
1523	filing a petition alleging that the development order is not
1524	consistent with the provisions of this part notice of appeal
1525	with the commission. The appropriate regional planning agency by
1526	vote at a regularly scheduled meeting may recommend that the
1527	state land planning agency undertake an appeal of a development-
1528	of-regional-impact development order. Upon the request of an
1529	appropriate regional planning council, affected local
1530	government, or any citizen, the state land planning agency shall
1531	consider whether to appeal the order and shall respond to the
1532	request within the 45-day appeal period. Any appeal taken by a
1533	regional planning agency between March 1, 1993, and the
1534	effective date of this section may only be continued if the
1535	state land planning agency has also filed an appeal. Any appeal
1536	initiated by a regional planning agency on or before March 1,
1537	1993, shall continue until completion of the appeal process and
1538	any subsequent appellate review, as if the regional planning
1539	agency were authorized to initiate the appeal.
1540	(3)  Notwithstanding any other provision of law, an appeal
1541	of a development order by the state land planning agency under
1542	this section may include consistency of the development order
1543	with the local comprehensive plan. However, if a development
1544	order relating to a development of regional impact has been
1545	challenged in a proceeding under s. 163.3215 and a party to the
1546	proceeding serves notice to the state land planning agency of
1547	the pending proceeding under s. 163.3215, the state land
1548	planning agency shall:
1549	(a)  Raise its consistency issues by intervening as a full
1550	party in the pending proceeding under s. 163.3215 within 30 days
1551	after service of the notice; and
1552	(b)  Dismiss the consistency issues from the development
1553	order appeal.
1554	(4)  The appellant shall furnish a copy of the petition to
1555	the opposing party, as the case may be, and to the local
1556	government that issued the order. The filing of the petition
1557	stays the effectiveness of the order until after the completion
1558	of the appeal process.
1559	(5)(3)  The 45-day appeal period for a development of
1560	regional impact within the jurisdiction of more than one local
1561	government shall not commence until after all the local
1562	governments having jurisdiction over the proposed development of
1563	regional impact have rendered their development orders. The
1564	appellant shall furnish a copy of the notice of appeal to the
1565	opposing party, as the case may be, and to the local government
1566	which issued the order. The filing of the notice of appeal shall
1567	stay the effectiveness of the order until after the completion
1568	of the appeal process.
1569	(6)(4)  Prior to issuing an order, the Florida Land and
1570	Water Adjudicatory Commission shall hold a hearing pursuant to
1571	the provisions of chapter 120. The commission shall encourage
1572	the submission of appeals on the record made below in cases in
1573	which the development order was issued after a full and complete
1574	hearing before the local government or an agency thereof.
1575	(7)(5)  The Florida Land and Water Adjudicatory Commission
1576	shall issue a decision granting or denying permission to develop
1577	pursuant to the standards of this chapter and may attach
1578	conditions and restrictions to its decisions.
1579	(8)(6)  If an appeal is filed with respect to any issues
1580	within the scope of a permitting program authorized by chapter
1581	161, chapter 373, or chapter 403 and for which a permit or
1582	conceptual review approval has been obtained prior to the
1583	issuance of a development order, any such issue shall be
1584	specifically identified in the notice of appeal which is filed
1585	pursuant to this section, together with other issues which
1586	constitute grounds for the appeal. The appeal may proceed with
1587	respect to issues within the scope of permitting programs for
1588	which a permit or conceptual review approval has been obtained
1589	prior to the issuance of a development order only after the
1590	commission determines by majority vote at a regularly scheduled
1591	commission meeting that statewide or regional interests may be
1592	adversely affected by the development. In making this
1593	determination, there shall be a rebuttable presumption that
1594	statewide and regional interests relating to issues within the
1595	scope of the permitting programs for which a permit or
1596	conceptual approval has been obtained are not adversely
1597	affected.
1598	Section 11.  Section 380.115, Florida Statutes, is amended
1599	to read:
1600	380.115  Vested rights and duties; effect of size
1601	reduction, changes in guidelines and standards chs. 2002-20 and
1602	2002-296.--
1603	(1)  A change in a development-of-regional-impact guideline
1604	and standard does not abridge Nothing contained in this act
1605	abridges or modify modifies any vested or other right or any
1606	duty or obligation pursuant to any development order or
1607	agreement that is applicable to a development of regional impact
1608	on the effective date of this act. A development that has
1609	received a development-of-regional-impact development order
1610	pursuant to s. 380.06, but is no longer required to undergo
1611	development-of-regional-impact review by operation of a change
1612	in the guidelines and standards or has reduced its size below
1613	the thresholds in s. 380.0651 of this act, shall be governed by
1614	the following procedures:
1615	(a)  The development shall continue to be governed by the
1616	development-of-regional-impact development order and may be
1617	completed in reliance upon and pursuant to the development order
1618	unless the developer or landowner has followed the procedures
1619	for rescission in paragraph (b). Any proposed changes to those
1620	developments which continue to be governed by a development
1621	order shall be approved pursuant to s. 380.06(19) as it existed
1622	prior to a change in the development-of-regional-impact
1623	guidelines and standards, except that all percentage criteria
1624	shall be doubled and all other criteria shall be increased by 10
1625	percent. The development-of-regional-impact development order
1626	may be enforced by the local government as provided by ss.
1627	380.06(17) and 380.11.
1628	(b)  If requested by the developer or landowner, the
1629	development-of-regional-impact development order shall may be
1630	rescinded by the local government having jurisdiction upon a
1631	showing that all required mitigation related to the amount of
1632	development that existed on the date of rescission has been
1633	completed abandoned pursuant to the process in s. 380.06(26).
1634	(2)  A development with an application for development
1635	approval pending, and determined sufficient pursuant to s.
1636	380.06 s. 380.06(10), on the effective date of a change to the
1637	guidelines and standards this act, or a notification of proposed
1638	change pending on the effective date of a change to the
1639	guidelines and standards this act, may elect to continue such
1640	review pursuant to s. 380.06. At the conclusion of the pending
1641	review, including any appeals pursuant to s. 380.07, the
1642	resulting development order shall be governed by the provisions
1643	of subsection (1).
1644	(3)  A landowner that has filed an application for a
1645	development-of-regional-impact review prior to the adoption of
1646	an optional sector plan pursuant to s. 163.3245 may elect to
1647	have the application reviewed pursuant to s. 380.06,
1648	comprehensive plan provisions in force prior to adoption of the
1649	sector plan, and any requested comprehensive plan amendments
1650	that accompany the application.
1651	Section 12.  Paragraph (i) of subsection (2) of section
1652	403.813, Florida Statutes, is amended to read:
1653	403.813  Permits issued at district centers; exceptions.--
1654	(2)  A permit is not required under this chapter, chapter
1655	373, chapter 61-691, Laws of Florida, or chapter 25214 or
1656	chapter 25270, 1949, Laws of Florida, for activities associated
1657	with the following types of projects; however, except as
1658	otherwise provided in this subsection, nothing in this
1659	subsection relieves an applicant from any requirement to obtain
1660	permission to use or occupy lands owned by the Board of Trustees
1661	of the Internal Improvement Trust Fund or any water management
1662	district in its governmental or proprietary capacity or from
1663	complying with applicable local pollution control programs
1664	authorized under this chapter or other requirements of county
1665	and municipal governments:
1666	(i)  The construction of private docks of 1,000 square feet
1667	or less of over-water surface area and seawalls in artificially
1668	created waterways where such construction will not violate
1669	existing water quality standards, impede navigation, or affect
1670	flood control. This exemption does not apply to the construction
1671	of vertical seawalls in estuaries or lagoons unless the proposed
1672	construction is within an existing manmade canal where the
1673	shoreline is currently occupied in whole or part by vertical
1674	seawalls.
1675	Section 13.  This act shall take effect July 1, 2006.

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