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; creating s.
15	336.68, F.S.; providing that a property owner having real
16	property located within the boundaries of a community
17	development district and a special road and bridge
18	district may select the community development district to
19	be the provider of the road and drainage improvements to
20	the property of the owner; authorizing the owner of the
21	property to withdraw the property from the special road
22	and bridge district; specifying the procedures and
23	criteria required in order to remove the real property
24	from the special road and bridge district; authorizing the
25	governing body of the special road and bridge district to
26	file a written objection to the proposed withdrawal of the
27	property; amending s. 342.07, F.S.; including hotels and
28	motels within the definition of the term "recreational and
29	commercial working waterfront"; creating s. 373.4132,
30	F.S.; directing water management district governing boards
31	and the Department of Environmental Protection to require
32	permits for certain activities relating to certain dry
33	storage facilities; providing criteria for application of
34	such permits; preserving regulatory authority for the
35	department and governing boards; amending s. 380.06, F.S.;
36	providing for the state land planning agency to determine
37	the amount of development that remains to be built in
38	certain circumstances; specifying certain requirements for
39	a development order; revising the circumstances in which a
40	local government may issue permits for development
41	subsequent to the buildout date; revising the definition
42	of an essentially built-out development; revising the
43	criteria under which a proposed change constitutes a
44	substantial deviation; providing criteria for calculating
45	certain deviations; clarifying the criteria under which
46	the extension of a buildout date is presumed to create a
47	substantial deviation; requiring that notice of any change
48	to certain set-aside areas be submitted to the local
49	government; requiring that notice of certain changes be
50	given to the state land planning agency, regional planning
51	agency, and local government; revising the statutory
52	exemptions from development-of-regional-impact review for
53	certain facilities; removing waterport and marina
54	developments from development-of-regional-impact review;
55	providing statutory exemptions and partial statutory
56	exemptions for the development of certain facilities;
57	providing that the impacts from an exempt use that will be
58	part of a larger project be included in the development-
59	of-regional-impact review of the larger project; providing
60	an exception; providing that vesting provisions relating
61	to authorized developments of regional impact are not
62	applicable to certain projects; revising provisions for
63	the abandonment of developments of regional impact;
64	providing an exemption from such provisions for certain
65	developments of regional impact; providing requirements
66	for developments following abandonment; amending s.
67	380.0651, F.S.; revising the statewide guidelines and
68	standards for development-of-regional-impact review of
69	office developments; deleting such guidelines and
70	standards for port facilities; revising such guidelines
71	and standards for residential developments; providing such
72	guidelines and standards for workforce housing; amending
73	s. 380.07, F.S.; revising the appellate procedures for
74	development orders within a development of regional impact
75	to the Florida Land and Water Adjudicatory Commission;
76	amending s. 380.115, F.S.; providing that a change in a
77	development-of-regional-impact guideline and standard does
78	not abridge or modify any vested right or duty under a
79	development order; providing a process for the rescission
80	of a development order by the local government in certain
81	circumstances; providing an exemption for certain
82	applications for development approval and notices of
83	proposed changes; amending s. 403.813, F.S.; revising
84	permitting exceptions for the construction of private
85	docks in certain waterways; providing an effective date.
86
87	Be It Enacted by the Legislature of the State of Florida:
88
89	Section 1.  Subsection (11) of section 163.01, Florida
90	Statutes, is amended to read:
91	163.01  Florida Interlocal Cooperation Act of 1969.--
92	(11)  Prior to its effectiveness, an interlocal agreement
93	and subsequent amendments thereto shall be filed with the clerk
94	of the circuit court of each county where a party to the
95	agreement is located. However, if the parties to the agreement
96	are located in multiple counties and the agreement under
97	subsection (7) provides for a separate legal entity or
98	administrative entity to administer the agreement, the
99	interlocal agreement and any amendments thereto may be filed
100	with the clerk of the circuit court in the county where the
101	legal or administrative entity maintains its principal place of
102	business.
103	Section 2.  Paragraph (g) of subsection (6) and paragraph
104	(d) of subsection (11) of section 163.3177, Florida Statutes,
105	are amended to read:
106	163.3177  Required and optional elements of comprehensive
107	plan; studies and surveys.--
108	(6)  In addition to the requirements of subsections (1)-(5)
109	and (12), the comprehensive plan shall include the following
110	elements:
111	(g)1.  For those units of local government identified in s.
112	380.24, a coastal management element, appropriately related to
113	the particular requirements of paragraphs (d) and (e) and
114	meeting the requirements of s. 163.3178(2) and (3). The coastal
115	management element shall set forth the policies that shall guide
116	the local government's decisions and program implementation with
117	respect to the following objectives:
118	a.1.  Maintenance, restoration, and enhancement of the
119	overall quality of the coastal zone environment, including, but
120	not limited to, its amenities and aesthetic values.
121	b.2.  Continued existence of viable populations of all
122	species of wildlife and marine life.
123	c.3.  The orderly and balanced utilization and
124	preservation, consistent with sound conservation principles, of
125	all living and nonliving coastal zone resources.
126	d.4.  Avoidance of irreversible and irretrievable loss of
127	coastal zone resources.
128	e.5.  Ecological planning principles and assumptions to be
129	used in the determination of suitability and extent of permitted
130	development.
131	f.6.  Proposed management and regulatory techniques.
132	g.7.  Limitation of public expenditures that subsidize
133	development in high-hazard coastal areas.
134	h.8.  Protection of human life against the effects of
135	natural disasters.
136	i.9.  The orderly development, maintenance, and use of
137	ports identified in s. 403.021(9) to facilitate deepwater
138	commercial navigation and other related activities.
139	j.10.  Preservation, including sensitive adaptive use of
140	historic and archaeological resources.
141	2.  As part of this element, a local government that has a
142	coastal management element in its comprehensive plan is
143	encouraged to adopt recreational surface water use policies that
144	include applicable criteria for and consider such factors as
145	natural resources, manatee protection needs, protection of
146	working waterfronts and public access to the water, and
147	recreation and economic demands. Criteria for manatee protection
148	in the recreational surface water use policies should reflect
149	applicable guidance outlined in the Boat Facility Siting Guide
150	prepared by the Fish and Wildlife Conservation Commission. If
151	the local government elects to adopt recreational surface water
152	use policies by comprehensive plan amendment, such comprehensive
153	plan amendment is exempt from the provisions of s. 163.3187(1).
154	Local governments that wish to adopt recreational surface water
155	use policies may be eligible for assistance with the development
156	of such policies through the Florida Coastal Management Program.
157	The Office of Program Policy Analysis and Government
158	Accountability shall submit a report on the adoption of
159	recreational surface water use policies under this subparagraph
160	to the President of the Senate, the Speaker of the House of
161	Representatives, and the majority and minority leaders of the
162	Senate and the House of Representatives no later than December
163	1, 2010.
164	(11)
165	(d)1.  The department, in cooperation with the Department
166	of Agriculture and Consumer Services, the Department of
167	Environmental Protection, water management districts, and
168	regional planning councils, shall provide assistance to local
169	governments in the implementation of this paragraph and rule 9J-
170	5.006(5)(l), Florida Administrative Code. Implementation of
171	those provisions shall include a process by which the department
172	may authorize local governments to designate all or portions of
173	lands classified in the future land use element as predominantly
174	agricultural, rural, open, open-rural, or a substantively
175	equivalent land use, as a rural land stewardship area within
176	which planning and economic incentives are applied to encourage
177	the implementation of innovative and flexible planning and
178	development strategies and creative land use planning
179	techniques, including those contained herein and in rule 9J-
180	5.006(5)(l), Florida Administrative Code. Assistance may
181	include, but is not limited to:
182	a.  Assistance from the Department of Environmental
183	Protection and water management districts in creating the
184	geographic information systems land cover database and aerial
185	photogrammetry needed to prepare for a rural land stewardship
186	area;
187	b.  Support for local government implementation of rural
188	land stewardship concepts by providing information and
189	assistance to local governments regarding land acquisition
190	programs that may be used by the local government or landowners
191	to leverage the protection of greater acreage and maximize the
192	effectiveness of rural land stewardship areas; and
193	c.  Expansion of the role of the Department of Community
194	Affairs as a resource agency to facilitate establishment of
195	rural land stewardship areas in smaller rural counties that do
196	not have the staff or planning budgets to create a rural land
197	stewardship area.
198	2.  The department shall encourage participation by local
199	governments of different sizes and rural characteristics in
200	establishing and implementing rural land stewardship areas. It
201	is the intent of the Legislature that rural land stewardship
202	areas be used to further the following broad principles of rural
203	sustainability: restoration and maintenance of the economic
204	value of rural land; control of urban sprawl; identification and
205	protection of ecosystems, habitats, and natural resources;
206	promotion of rural economic activity; maintenance of the
207	viability of Florida's agricultural economy; and protection of
208	the character of rural areas of Florida. Rural land stewardship
209	areas may be multicounty in order to encourage coordinated
210	regional stewardship planning.
211	3.  A local government, in conjunction with a regional
212	planning council, a stakeholder organization of private land
213	owners, or another local government, shall notify the department
214	in writing of its intent to designate a rural land stewardship
215	area. The written notification shall describe the basis for the
216	designation, including the extent to which the rural land
217	stewardship area enhances rural land values, controls urban
218	sprawl, provides necessary open space for agriculture and
219	protection of the natural environment, promotes rural economic
220	activity, and maintains rural character and the economic
221	viability of agriculture.
222	4.  A rural land stewardship area shall be not less than
223	10,000 acres and shall be located outside of municipalities and
224	established urban growth boundaries, and shall be designated by
225	plan amendment. The plan amendment designating a rural land
226	stewardship area shall be subject to review by the Department of
227	Community Affairs pursuant to s. 163.3184 and shall provide for
228	the following:
229	a.  Criteria for the designation of receiving areas within
230	rural land stewardship areas in which innovative planning and
231	development strategies may be applied. Criteria shall at a
232	minimum provide for the following: adequacy of suitable land to
233	accommodate development so as to avoid conflict with
234	environmentally sensitive areas, resources, and habitats;
235	compatibility between and transition from higher density uses to
236	lower intensity rural uses; the establishment of receiving area
237	service boundaries which provide for a separation between
238	receiving areas and other land uses within the rural land
239	stewardship area through limitations on the extension of
240	services; and connection of receiving areas with the rest of the
241	rural land stewardship area using rural design and rural road
242	corridors.
243	b.  Goals, objectives, and policies setting forth the
244	innovative planning and development strategies to be applied
245	within rural land stewardship areas pursuant to the provisions
246	of this section.
247	c.  A process for the implementation of innovative planning
248	and development strategies within the rural land stewardship
249	area, including those described in this subsection and rule 9J-
250	5.006(5)(l), Florida Administrative Code, which provide for a
251	functional mix of land uses, including adequate available
252	workforce housing, including low, very-low and moderate income
253	housing for the development anticipated in the receiving area
254	and which are applied through the adoption by the local
255	government of zoning and land development regulations applicable
256	to the rural land stewardship area.
257	d.  A process which encourages visioning pursuant to s.
258	163.3167(11) to ensure that innovative planning and development
259	strategies comply with the provisions of this section.
260	e.  The control of sprawl through the use of innovative
261	strategies and creative land use techniques consistent with the
262	provisions of this subsection and rule 9J-5.006(5)(l), Florida
263	Administrative Code.
264	5.  A receiving area shall be designated by the adoption of
265	a land development regulation. Prior to the designation of a
266	receiving area, the local government shall provide the
267	Department of Community Affairs a period of 30 days in which to
268	review a proposed receiving area for consistency with the rural
269	land stewardship area plan amendment and to provide comments to
270	the local government. At the time of designation of a
271	stewardship receiving area, a listed species survey will be
272	performed. If listed species occur on the receiving area site,
273	the developer shall coordinate with each appropriate local,
274	state, or federal agency to determine if adequate provisions
275	have been made to protect those species in accordance with
276	applicable regulations. In determining the adequacy of
277	provisions for the protection of listed species and their
278	habitats, the rural land stewardship area shall be considered as
279	a whole, and the impacts to areas to be developed as receiving
280	areas shall be considered together with the environmental
281	benefits of areas protected as sending areas in fulfilling this
282	criteria.
283	6.  Upon the adoption of a plan amendment creating a rural
284	land stewardship area, the local government shall, by ordinance,
285	establish the methodology for the creation, conveyance, and use
286	of transferable rural land use credits, otherwise referred to as
287	stewardship credits, the application of which shall not
288	constitute a right to develop land, nor increase density of
289	land, except as provided by this section. The total amount of
290	transferable rural land use credits within the rural land
291	stewardship area must enable the realization of the long-term
292	vision and goals for the 25-year or greater projected population
293	of the rural land stewardship area, which may take into
294	consideration the anticipated effect of the proposed receiving
295	areas. Transferable rural land use credits are subject to the
296	following limitations:
297	a.  Transferable rural land use credits may only exist
298	within a rural land stewardship area.
299	b.  Transferable rural land use credits may only be used on
300	lands designated as receiving areas and then solely for the
301	purpose of implementing innovative planning and development
302	strategies and creative land use planning techniques adopted by
303	the local government pursuant to this section.
304	c.  Transferable rural land use credits assigned to a
305	parcel of land within a rural land stewardship area shall cease
306	to exist if the parcel of land is removed from the rural land
307	stewardship area by plan amendment.
308	d.  Neither the creation of the rural land stewardship area
309	by plan amendment nor the assignment of transferable rural land
310	use credits by the local government shall operate to displace
311	the underlying density of land uses assigned to a parcel of land
312	within the rural land stewardship area; however, if transferable
313	rural land use credits are transferred from a parcel for use
314	within a designated receiving area, the underlying density
315	assigned to the parcel of land shall cease to exist.
316	e.  The underlying density on each parcel of land located
317	within a rural land stewardship area shall not be increased or
318	decreased by the local government, except as a result of the
319	conveyance or use of transferable rural land use credits, as
320	long as the parcel remains within the rural land stewardship
321	area.
322	f.  Transferable rural land use credits shall cease to
323	exist on a parcel of land where the underlying density assigned
324	to the parcel of land is utilized.
325	g.  An increase in the density of use on a parcel of land
326	located within a designated receiving area may occur only
327	through the assignment or use of transferable rural land use
328	credits and shall not require a plan amendment.
329	h.  A change in the density of land use on parcels located
330	within receiving areas shall be specified in a development order
331	which reflects the total number of transferable rural land use
332	credits assigned to the parcel of land and the infrastructure
333	and support services necessary to provide for a functional mix
334	of land uses corresponding to the plan of development.
335	i.  Land within a rural land stewardship area may be
336	removed from the rural land stewardship area through a plan
337	amendment.
338	j.  Transferable rural land use credits may be assigned at
339	different ratios of credits per acre according to the natural
340	resource or other beneficial use characteristics of the land and
341	according to the land use remaining following the transfer of
342	credits, with the highest number of credits per acre assigned to
343	the most environmentally valuable land or, in locations where
344	the retention of open space and agricultural land is a priority,
345	to such lands.
346	k.  The use or conveyance of transferable rural land use
347	credits must be recorded in the public records of the county in
348	which the property is located as a covenant or restrictive
349	easement running with the land in favor of the county and either
350	the Department of Environmental Protection, Department of
351	Agriculture and Consumer Services, a water management district,
352	or a recognized statewide land trust.
353	7.  Owners of land within rural land stewardship areas
354	should be provided incentives to enter into rural land
355	stewardship agreements, pursuant to existing law and rules
356	adopted thereto, with state agencies, water management
357	districts, and local governments to achieve mutually agreed upon
358	conservation objectives. Such incentives may include, but not be
359	limited to, the following:
360	a.  Opportunity to accumulate transferable mitigation
361	credits.
362	b.  Extended permit agreements.
363	c.  Opportunities for recreational leases and ecotourism.
364	d.  Payment for specified land management services on
365	publicly owned land, or property under covenant or restricted
366	easement in favor of a public entity.
367	e.  Option agreements for sale to public entities or
368	private land conservation entities, in either fee or easement,
369	upon achievement of conservation objectives.
370	8.  The department shall report to the Legislature on an
371	annual basis on the results of implementation of rural land
372	stewardship areas authorized by the department, including
373	successes and failures in achieving the intent of the
374	Legislature as expressed in this paragraph.
375	Section 3.  Paragraph (a) of subsection (12) of section
376	163.3180, Florida Statutes, is amended to read:
377	163.3180  Concurrency.--
378	(12)  When authorized by a local comprehensive plan, a
379	multiuse development of regional impact may satisfy the
380	transportation concurrency requirements of the local
381	comprehensive plan, the local government's concurrency
382	management system, and s. 380.06 by payment of a proportionate-
383	share contribution for local and regionally significant traffic
384	impacts, if:
385	(a)  The development of regional impact meets or exceeds
386	the guidelines and standards of s. 380.0651(3)(h)(i) and rule
387	28-24.032(2), Florida Administrative Code, and includes a
388	residential component that contains at least 100 residential
389	dwelling units or 15 percent of the applicable residential
390	guideline and standard, whichever is greater;
391
392	The proportionate-share contribution may be applied to any
393	transportation facility to satisfy the provisions of this
394	subsection and the local comprehensive plan, but, for the
395	purposes of this subsection, the amount of the proportionate-
396	share contribution shall be calculated based upon the cumulative
397	number of trips from the proposed development expected to reach
398	roadways during the peak hour from the complete buildout of a
399	stage or phase being approved, divided by the change in the peak
400	hour maximum service volume of roadways resulting from
401	construction of an improvement necessary to maintain the adopted
402	level of service, multiplied by the construction cost, at the
403	time of developer payment, of the improvement necessary to
404	maintain the adopted level of service. For purposes of this
405	subsection, "construction cost" includes all associated costs of
406	the improvement.
407	Section 4.  Subsection (3) of section 197.303, Florida
408	Statutes, is amended to read:
409	197.303  Ad valorem tax deferral for recreational and
410	commercial working waterfront properties.--
411	(3)  The ordinance shall designate the percentage or amount
412	of the deferral and the type and location of working waterfront
413	property, including the type of public lodging establishments,
414	for which deferrals may be granted, which may include any
415	property meeting the provisions of s. 342.07(2), which property
416	may be further required to be located within a particular
417	geographic area or areas of the county or municipality.
418	Section 5.  Section 336.68, Florida Statutes, is created to
419	read:
420	336.68  Special road and bridge district boundaries;
421	property owner rights and options.--
422	(1)  The owner of real property located within both the
423	boundaries of a community development district created under
424	chapter 190 and within the boundaries of a special road and
425	bridge district created by the alternative method of
426	establishing special road and bridge districts previously
427	authorized under ss. 336.61-336.67 shall have the option to
428	select the community development district to be the provider of
429	the road and drainage improvements to the property of the owner.
430	Having made the selection, the property owner shall further have
431	the right to withdraw the property from the boundaries of the
432	special road and bridge district under the procedures set forth
433	in this section.
434	(2)  To be eligible for withdrawal, the subject property
435	shall not have received improvements or benefits from the
436	special road and bridge district; there shall be no outstanding
437	bonded indebtedness of the special road and bridge district for
438	which the property is subject to ad valorem tax levies; and the
439	withdrawal of the property shall not create an enclave bounded
440	on all sides by the other property within the boundaries of the
441	district when the property owner withdraws the property from the
442	boundaries of the district.
443	(3)  The election by a property owner to withdraw property
444	from the boundaries of a district as described in this section
445	shall be accomplished by filing a certificate in the official
446	records of the county in which the property is located. The
447	certificate shall identify the name and mailing address of the
448	owner, the legal description of the property, the name of the
449	district from which the property is being withdrawn, and the
450	general location of the property within district. The
451	certificate shall further state that the property has not
452	received benefits from the district from which the property is
453	to be withdrawn; that there is no bonded indebtedness owed by
454	the district; and that the property being withdrawn will not
455	become an enclave within the district boundaries.
456	(4)  The property owner shall provide copies of the
457	recorded certificate to the governing body of the district from
458	which the property is being withdrawn within days 10 days after
459	the date that the certificate is recorded. If the district does
460	not record an objection to the withdrawal of the property in the
461	public records within 30 days after the recording of the
462	certificate identifying the criteria in this section that has
463	not been met, the withdrawal shall be final and the property
464	shall be permanently withdrawn from the boundaries of the
465	district.
466	Section 6.  Section 342.07, Florida Statutes, is amended to
467	read:
468	342.07  Recreational and commercial working waterfronts;
469	legislative findings; definitions.--
470	(1)  The Legislature recognizes that there is an important
471	state interest in facilitating boating and other recreational
472	access to the state's navigable waters. This access is vital to
473	tourists and recreational users and the marine industry in the
474	state, to maintaining or enhancing the $57 billion economic
475	impact of tourism and the $14 billion economic impact of boating
476	in the state annually, and to ensuring continued access to all
477	residents and visitors to the navigable waters of the state. The
478	Legislature recognizes that there is an important state interest
479	in maintaining viable water-dependent support facilities, such
480	as public lodging establishments and boat hauling and repairing
481	and commercial fishing facilities, and in maintaining the
482	availability of public access to the navigable waters of the
483	state. The Legislature further recognizes that the waterways of
484	the state are important for engaging in commerce and the
485	transportation of goods and people upon such waterways and that
486	such commerce and transportation is not feasible unless there is
487	access to and from the navigable waters of the state through
488	recreational and commercial working waterfronts.
489	(2)  As used in this section, the term "recreational and
490	commercial working waterfront" means a parcel or parcels of real
491	property that provide access for water-dependent commercial
492	activities, including hotels and motels as defined in s.
493	509.242(1), or provide access for the public to the navigable
494	waters of the state. Recreational and commercial working
495	waterfronts require direct access to or a location on, over, or
496	adjacent to a navigable body of water. The term includes water-
497	dependent facilities that are open to the public and offer
498	public access by vessels to the waters of the state or that are
499	support facilities for recreational, commercial, research, or
500	governmental vessels. These facilities include public lodging
501	establishments, docks, wharfs, lifts, wet and dry marinas, boat
502	ramps, boat hauling and repair facilities, commercial fishing
503	facilities, boat construction facilities, and other support
504	structures over the water. As used in this section, the term
505	"vessel" has the same meaning as in s. 327.02(37). Seaports are
506	excluded from the definition.
507	Section 7.  Section 373.4132, Florida Statutes, is created
508	to read:
509	373.4132  Dry storage facility permitting.--The governing
510	board or the department shall require a permit under this part,
511	including s. 373.4145, for the construction, alteration,
512	operation, maintenance, abandonment, or removal of a dry storage
513	facility for 10 or more vessels that is functionally associated
514	with a boat launching area. As part of an applicant's
515	demonstration that such a facility will not be harmful to the
516	water resources and will not be inconsistent with the overall
517	objectives of the district, the governing board or department
518	shall require the applicant to provide reasonable assurance that
519	the secondary impacts from the facility will not cause adverse
520	impacts to the functions of wetlands and surface waters,
521	including violations of state water quality standards applicable
522	to waters as defined in s. 403.031(13), and will meet the public
523	interest test of s. 373.414(1)(a), including the potential
524	adverse impacts to manatees. Nothing in this section shall
525	affect the authority of the governing board or the department to
526	regulate such secondary impacts under this part for other
527	regulated activities.
528	Section 8.  Paragraph (d) of subsection (2), paragraphs (a)
529	and (i) of subsection (4), and subsections (15), (19), (24), and
530	(26) of section 380.06, Florida Statutes, are amended, and
531	subsection (28) is added to that section, to read:
532	380.06  Developments of regional impact.--
533	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
534	(d)  The guidelines and standards shall be applied as
535	follows:
536	1.  Fixed thresholds.--
537	a.  A development that is below 100 percent of all
538	numerical thresholds in the guidelines and standards shall not
539	be required to undergo development-of-regional-impact review.
540	b.  A development that is at or above 120 percent of any
541	numerical threshold shall be required to undergo development-of-
542	regional-impact review.
543	c.  Projects certified under s. 403.973 which create at
544	least 100 jobs and meet the criteria of the Office of Tourism,
545	Trade, and Economic Development as to their impact on an area's
546	economy, employment, and prevailing wage and skill levels that
547	are at or below 100 percent of the numerical thresholds for
548	industrial plants, industrial parks, distribution, warehousing
549	or wholesaling facilities, office development or multiuse
550	projects other than residential, as described in s.
551	380.0651(3)(c), (d), and (h)(i), are not required to undergo
552	development-of-regional-impact review.
553	2.  Rebuttable presumption.--It shall be presumed that a
554	development that is at 100 percent or between 100 and 120
555	percent of a numerical threshold shall be required to undergo
556	development-of-regional-impact review.
557	(4)  BINDING LETTER.--
558	(a)  If any developer is in doubt whether his or her
559	proposed development must undergo development-of-regional-impact
560	review under the guidelines and standards, whether his or her
561	rights have vested pursuant to subsection (20), or whether a
562	proposed substantial change to a development of regional impact
563	concerning which rights had previously vested pursuant to
564	subsection (20) would divest such rights, the developer may
565	request a determination from the state land planning agency. The
566	developer or the appropriate local government having
567	jurisdiction may request that the state land planning agency
568	determine whether the amount of development that remains to be
569	built in an approved development of regional impact meets the
570	criteria of subparagraph (15)(g)3.
571	(i)  In response to an inquiry from a developer or the
572	appropriate local government having jurisdiction, the state land
573	planning agency may issue an informal determination in the form
574	of a clearance letter as to whether a development is required to
575	undergo development-of-regional-impact review or whether the
576	amount of development that remains to be built in an approved
577	development of regional impact meets the criteria of
578	subparagraph (15)(g)3. A clearance letter may be based solely on
579	the information provided by the developer, and the state land
580	planning agency is not required to conduct an investigation of
581	that information. If any material information provided by the
582	developer is incomplete or inaccurate, the clearance letter is
583	not binding upon the state land planning agency. A clearance
584	letter does not constitute final agency action.
585	(15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--
586	(a)  The appropriate local government shall render a
587	decision on the application within 30 days after the hearing
588	unless an extension is requested by the developer.
589	(b)  When possible, local governments shall issue
590	development orders concurrently with any other local permits or
591	development approvals that may be applicable to the proposed
592	development.
593	(c)  The development order shall include findings of fact
594	and conclusions of law consistent with subsections (13) and
595	(14). The development order:
596	1.  Shall specify the monitoring procedures and the local
597	official responsible for assuring compliance by the developer
598	with the development order.
599	2.  Shall establish compliance dates for the development
600	order, including a deadline for commencing physical development
601	and for compliance with conditions of approval or phasing
602	requirements, and shall include a buildout termination date that
603	reasonably reflects the time anticipated required to complete
604	the development.
605	3.  Shall establish a date until which the local government
606	agrees that the approved development of regional impact shall
607	not be subject to downzoning, unit density reduction, or
608	intensity reduction, unless the local government can demonstrate
609	that substantial changes in the conditions underlying the
610	approval of the development order have occurred or the
611	development order was based on substantially inaccurate
612	information provided by the developer or that the change is
613	clearly established by local government to be essential to the
614	public health, safety, or welfare. The date established pursuant
615	to this subparagraph shall be no sooner than the buildout date
616	of the project.
617	4.  Shall specify the requirements for the biennial report
618	designated under subsection (18), including the date of
619	submission, parties to whom the report is submitted, and
620	contents of the report, based upon the rules adopted by the
621	state land planning agency. Such rules shall specify the scope
622	of any additional local requirements that may be necessary for
623	the report.
624	5.  May specify the types of changes to the development
625	which shall require submission for a substantial deviation
626	determination or a notice of proposed change under subsection
627	(19).
628	6.  Shall include a legal description of the property.
629	(d)  Conditions of a development order that require a
630	developer to contribute land for a public facility or construct,
631	expand, or pay for land acquisition or construction or expansion
632	of a public facility, or portion thereof, shall meet the
633	following criteria:
634	1.  The need to construct new facilities or add to the
635	present system of public facilities must be reasonably
636	attributable to the proposed development.
637	2.  Any contribution of funds, land, or public facilities
638	required from the developer shall be comparable to the amount of
639	funds, land, or public facilities that the state or the local
640	government would reasonably expect to expend or provide, based
641	on projected costs of comparable projects, to mitigate the
642	impacts reasonably attributable to the proposed development.
643	3.  Any funds or lands contributed must be expressly
644	designated and used to mitigate impacts reasonably attributable
645	to the proposed development.
646	4.  Construction or expansion of a public facility by a
647	nongovernmental developer as a condition of a development order
648	to mitigate the impacts reasonably attributable to the proposed
649	development is not subject to competitive bidding or competitive
650	negotiation for selection of a contractor or design professional
651	for any part of the construction or design unless required by
652	the local government that issues the development order.
653	(e)1.  Effective July 1, 1986, A local government shall not
654	include, as a development order condition for a development of
655	regional impact, any requirement that a developer contribute or
656	pay for land acquisition or construction or expansion of public
657	facilities or portions thereof unless the local government has
658	enacted a local ordinance which requires other development not
659	subject to this section to contribute its proportionate share of
660	the funds, land, or public facilities necessary to accommodate
661	any impacts having a rational nexus to the proposed development,
662	and the need to construct new facilities or add to the present
663	system of public facilities must be reasonably attributable to
664	the proposed development.
665	2.  A local government shall not approve a development of
666	regional impact that does not make adequate provision for the
667	public facilities needed to accommodate the impacts of the
668	proposed development unless the local government includes in the
669	development order a commitment by the local government to
670	provide these facilities consistently with the development
671	schedule approved in the development order; however, a local
672	government's failure to meet the requirements of subparagraph 1.
673	and this subparagraph shall not preclude the issuance of a
674	development order where adequate provision is made by the
675	developer for the public facilities needed to accommodate the
676	impacts of the proposed development. Any funds or lands
677	contributed by a developer must be expressly designated and used
678	to accommodate impacts reasonably attributable to the proposed
679	development.
680	3.  The Department of Community Affairs and other state and
681	regional agencies involved in the administration and
682	implementation of this act shall cooperate and work with units
683	of local government in preparing and adopting local impact fee
684	and other contribution ordinances.
685	(f)  Notice of the adoption of a development order or the
686	subsequent amendments to an adopted development order shall be
687	recorded by the developer, in accordance with s. 28.222, with
688	the clerk of the circuit court for each county in which the
689	development is located. The notice shall include a legal
690	description of the property covered by the order and shall state
691	which unit of local government adopted the development order,
692	the date of adoption, the date of adoption of any amendments to
693	the development order, the location where the adopted order with
694	any amendments may be examined, and that the development order
695	constitutes a land development regulation applicable to the
696	property. The recording of this notice shall not constitute a
697	lien, cloud, or encumbrance on real property, or actual or
698	constructive notice of any such lien, cloud, or encumbrance.
699	This paragraph applies only to developments initially approved
700	under this section after July 1, 1980.
701	(g)  A local government shall not issue permits for
702	development subsequent to the buildout termination date or
703	expiration date contained in the development order unless:
704	1.  The proposed development has been evaluated
705	cumulatively with existing development under the substantial
706	deviation provisions of subsection (19) subsequent to the
707	termination or expiration date;
708	2.  The proposed development is consistent with an
709	abandonment of development order that has been issued in
710	accordance with the provisions of subsection (26); or
711	3.  The development of regional impact is essentially built
712	out, in that all the mitigation requirements in the development
713	order have been satisfied, all developers are in compliance with
714	all applicable terms and conditions of the development order
715	except the buildout date, and the amount of proposed development
716	that remains to be built is less than 20 percent of any
717	applicable development-of-regional-impact threshold; or
718	4.3.  The project has been determined to be an essentially
719	built-out development of regional impact through an agreement
720	executed by the developer, the state land planning agency, and
721	the local government, in accordance with s. 380.032, which will
722	establish the terms and conditions under which the development
723	may be continued. If the project is determined to be essentially
724	built out built-out, development may proceed pursuant to the s.
725	380.032 agreement after the termination or expiration date
726	contained in the development order without further development-
727	of-regional-impact review subject to the local government
728	comprehensive plan and land development regulations or subject
729	to a modified development-of-regional-impact analysis. As used
730	in this paragraph, an "essentially built-out" development of
731	regional impact means:
732	a.  The developers are development is in compliance with
733	all applicable terms and conditions of the development order
734	except the buildout built-out date; and
735	b.(I)  The amount of development that remains to be built
736	is less than the substantial deviation threshold specified in
737	paragraph (19)(b) for each individual land use category, or, for
738	a multiuse development, the sum total of all unbuilt land uses
739	as a percentage of the applicable substantial deviation
740	threshold is equal to or less than 100 percent; or
741	(II)  The state land planning agency and the local
742	government have agreed in writing that the amount of development
743	to be built does not create the likelihood of any additional
744	regional impact not previously reviewed.
745
746	The single-family residential portions of a development may be
747	considered "essentially built out" if all of the workforce
748	housing obligations and all of the infrastructure and horizontal
749	development have been completed, at least 50 percent of the
750	dwelling units have been completed, and more than 80 percent of
751	the lots have been conveyed to third-party individual lot owners
752	or to individual builders who own no more than 40 lots at the
753	time of the determination. The mobile home park portions of a
754	development may be considered "essentially built out" if all the
755	infrastructure and horizontal development has been completed,
756	and at least 50 percent of the lots are leased to individual
757	mobile home owners.
758	(h)  If the property is annexed by another local
759	jurisdiction, the annexing jurisdiction shall adopt a new
760	development order that incorporates all previous rights and
761	obligations specified in the prior development order.
762	(19)  SUBSTANTIAL DEVIATIONS.--
763	(a)  Any proposed change to a previously approved
764	development which creates a reasonable likelihood of additional
765	regional impact, or any type of regional impact created by the
766	change not previously reviewed by the regional planning agency,
767	shall constitute a substantial deviation and shall cause the
768	proposed change development to be subject to further
769	development-of-regional-impact review. There are a variety of
770	reasons why a developer may wish to propose changes to an
771	approved development of regional impact, including changed
772	market conditions. The procedures set forth in this subsection
773	are for that purpose.
774	(b)  Any proposed change to a previously approved
775	development of regional impact or development order condition
776	which, either individually or cumulatively with other changes,
777	exceeds any of the following criteria shall constitute a
778	substantial deviation and shall cause the development to be
779	subject to further development-of-regional-impact review without
780	the necessity for a finding of same by the local government:
781	1.  An increase in the number of parking spaces at an
782	attraction or recreational facility by 10 5 percent or 330 300
783	spaces, whichever is greater, or an increase in the number of
784	spectators that may be accommodated at such a facility by 10 5
785	percent or 1,100 1,000 spectators, whichever is greater.
786	2.  A new runway, a new terminal facility, a 25-percent
787	lengthening of an existing runway, or a 25-percent increase in
788	the number of gates of an existing terminal, but only if the
789	increase adds at least three additional gates.
790	3.  An increase in the number of hospital beds by 5 percent
791	or 60 beds, whichever is greater.
792	3.4.  An increase in industrial development area by 10 5
793	percent or 35 32 acres, whichever is greater.
794	4.5.  An increase in the average annual acreage mined by 10
795	5 percent or 11 10 acres, whichever is greater, or an increase
796	in the average daily water consumption by a mining operation by
797	10 5 percent or 330,000 300,000 gallons, whichever is greater. A
798	net An increase in the size of the mine by 10 5 percent or 825
799	750 acres, whichever is less. For purposes of calculating any
800	net increases in size, only additions and deletions of lands
801	that have not been mined shall be considered. An increase in the
802	size of a heavy mineral mine as defined in s. 378.403(7) will
803	only constitute a substantial deviation if the average annual
804	acreage mined is more than 550 500 acres and consumes more than
805	3.3 3 million gallons of water per day.
806	5.6.  An increase in land area for office development by 10
807	5 percent or an increase of gross floor area of office
808	development by 10 5 percent or 66,000 60,000 gross square feet,
809	whichever is greater.
810	7.  An increase in the storage capacity for chemical or
811	petroleum storage facilities by 5 percent, 20,000 barrels, or 7
812	million pounds, whichever is greater.
813	8.  An increase of development at a waterport of wet
814	storage for 20 watercraft, dry storage for 30 watercraft, or
815	wet/dry storage for 60 watercraft in an area identified in the
816	state marina siting plan as an appropriate site for additional
817	waterport development or a 5-percent increase in watercraft
818	storage capacity, whichever is greater.
819	6.9.  An increase in the number of dwelling units by 10 5
820	percent or 55 50 dwelling units, whichever is greater.
821	7.  An increase in the number of dwelling units by 50
822	percent or 200 units, whichever is greater, provided that 15
823	percent of the proposed additional dwelling units are dedicated
824	to affordable workforce housing, subject to a recorded land use
825	restriction that shall be for a period of not less than 20 years
826	and that includes resale provisions to ensure long-term
827	affordability for income-eligible homeowners and renters and
828	provisions for the workforce housing to be commenced prior to
829	the completion of 50 percent of the market rate dwelling. For
830	purposes of this subparagraph, the term "affordable workforce
831	housing" means housing that is affordable to a person who earns
832	less than 120 percent of the area median income, or less than
833	140 percent of the area median income if located in a county in
834	which the median purchase price for a single-family existing
835	home exceeds the statewide median purchase price of a single-
836	family existing home. For purposes of this subparagraph, the
837	term "statewide median purchase price of a single-family
838	existing home" means the statewide purchase price as determined
839	in the Florida Sales Report, Single-Family Existing Homes,
840	released each January by the Florida Association of Realtors and
841	the University of Florida Real Estate Research Center.
842	8.10.  An increase in commercial development by 55,000
843	50,000 square feet of gross floor area or of parking spaces
844	provided for customers for 330 300 cars or a 10-percent 5-
845	percent increase of either of these, whichever is greater.
846	9.11.  An increase in hotel or motel rooms facility units
847	by 10 5 percent or 83 rooms 75 units, whichever is greater.
848	10.12.  An increase in a recreational vehicle park area by
849	10 5 percent or 110 100 vehicle spaces, whichever is less.
850	11.13.  A decrease in the area set aside for open space of
851	5 percent or 20 acres, whichever is less.
852	12.14.  A proposed increase to an approved multiuse
853	development of regional impact where the sum of the increases of
854	each land use as a percentage of the applicable substantial
855	deviation criteria is equal to or exceeds 110 100 percent. The
856	percentage of any decrease in the amount of open space shall be
857	treated as an increase for purposes of determining when 110 100
858	percent has been reached or exceeded.
859	13.15.  A 15-percent increase in the number of external
860	vehicle trips generated by the development above that which was
861	projected during the original development-of-regional-impact
862	review.
863	14.16.  Any change which would result in development of any
864	area which was specifically set aside in the application for
865	development approval or in the development order for
866	preservation or special protection of endangered or threatened
867	plants or animals designated as endangered, threatened, or
868	species of special concern and their habitat, any species
869	protected by 16 U.S.C. s. 668a-668d, primary dunes, or
870	archaeological and historical sites designated as significant by
871	the Division of Historical Resources of the Department of State.
872	The further refinement of the boundaries and configuration of
873	such areas by survey shall be considered under sub-subparagraph
874	(e)2.j. (e)5.b.
875
876	The substantial deviation numerical standards in subparagraphs
877	3., 5., 8., 9., and 12. 4., 6., 10., 14., excluding residential
878	uses, and in subparagraph 13. 15., are increased by 100 percent
879	for a project certified under s. 403.973 which creates jobs and
880	meets criteria established by the Office of Tourism, Trade, and
881	Economic Development as to its impact on an area's economy,
882	employment, and prevailing wage and skill levels. The
883	substantial deviation numerical standards in subparagraphs 3.,
884	5., 6., 7., 8., 9., 12., and 13. 4., 6., 9., 10., 11., and 14.
885	are increased by 50 percent for a project located wholly within
886	an urban infill and redevelopment area designated on the
887	applicable adopted local comprehensive plan future land use map
888	and not located within the coastal high hazard area.
889	(c)  An extension of the date of buildout of a development,
890	or any phase thereof, by more than 7 or more years shall be
891	presumed to create a substantial deviation subject to further
892	development-of-regional-impact review. An extension of the date
893	of buildout, or any phase thereof, of more than 5 years or more
894	but not more less than 7 years shall be presumed not to create a
895	substantial deviation. The extension of the date of buildout of
896	an areawide development of regional impact by more than 5 years
897	but less than 10 years is presumed not to create a substantial
898	deviation. These presumptions may be rebutted by clear and
899	convincing evidence at the public hearing held by the local
900	government. An extension of 5 years or less than 5 years is not
901	a substantial deviation. For the purpose of calculating when a
902	buildout or, phase, or termination date has been exceeded, the
903	time shall be tolled during the pendency of administrative or
904	judicial proceedings relating to development permits. Any
905	extension of the buildout date of a project or a phase thereof
906	shall automatically extend the commencement date of the project,
907	the termination date of the development order, the expiration
908	date of the development of regional impact, and the phases
909	thereof if applicable by a like period of time.
910	(d)  A change in the plan of development of an approved
911	development of regional impact resulting from requirements
912	imposed by the Department of Environmental Protection or any
913	water management district created by s. 373.069 or any of their
914	successor agencies or by any appropriate federal regulatory
915	agency shall be submitted to the local government pursuant to
916	this subsection. The change shall be presumed not to create a
917	substantial deviation subject to further development-of-
918	regional-impact review. The presumption may be rebutted by clear
919	and convincing evidence at the public hearing held by the local
920	government.
921	(e)1.  Except for a development order rendered pursuant to
922	subsection (22) or subsection (25), a proposed change to a
923	development order that individually or cumulatively with any
924	previous change is less than any numerical criterion contained
925	in subparagraphs (b)1.-13. (b)1.-15. and does not exceed any
926	other criterion, or that involves an extension of the buildout
927	date of a development, or any phase thereof, of less than 5
928	years is not subject to the public hearing requirements of
929	subparagraph (f)3., and is not subject to a determination
930	pursuant to subparagraph (f)5. Notice of the proposed change
931	shall be made to the regional planning council and the state
932	land planning agency. Such notice shall include a description of
933	previous individual changes made to the development, including
934	changes previously approved by the local government, and shall
935	include appropriate amendments to the development order.
936	2.  The following changes, individually or cumulatively
937	with any previous changes, are not substantial deviations:
938	a.  Changes in the name of the project, developer, owner,
939	or monitoring official.
940	b.  Changes to a setback that do not affect noise buffers,
941	environmental protection or mitigation areas, or archaeological
942	or historical resources.
943	c.  Changes to minimum lot sizes.
944	d.  Changes in the configuration of internal roads that do
945	not affect external access points.
946	e.  Changes to the building design or orientation that stay
947	approximately within the approved area designated for such
948	building and parking lot, and which do not affect historical
949	buildings designated as significant by the Division of
950	Historical Resources of the Department of State.
951	f.  Changes to increase the acreage in the development,
952	provided that no development is proposed on the acreage to be
953	added.
954	g.  Changes to eliminate an approved land use, provided
955	that there are no additional regional impacts.
956	h.  Changes required to conform to permits approved by any
957	federal, state, or regional permitting agency, provided that
958	these changes do not create additional regional impacts.
959	i.  Any renovation or redevelopment of development within a
960	previously approved development of regional impact which does
961	not change land use or increase density or intensity of use.
962	j.  Changes that modify boundaries and configuration of
963	areas described in subparagraph (b)14. due to science-based
964	refinement of such areas by survey, by habitat evaluation, by
965	other recognized assessment methodology, or by an environmental
966	assessment. In order for changes to qualify under this sub-
967	subparagraph, the survey, habitat evaluation, or assessment must
968	occur prior to the time a conservation easement protecting such
969	lands is recorded and must not result in any net decrease in the
970	total acreage of the lands specifically set aside for permanent
971	preservation in the final development order.
972	k.j.  Any other change which the state land planning
973	agency, in consultation with the regional planning council,
974	agrees in writing is similar in nature, impact, or character to
975	the changes enumerated in sub-subparagraphs a.-j. a.-i. and
976	which does not create the likelihood of any additional regional
977	impact.
978
979	This subsection does not require the filing of a notice of
980	proposed change but shall require an application to the local
981	government to amend the development order in accordance with the
982	local government's procedures for amendment of a development
983	order. In accordance with the local government's procedures,
984	including requirements for notice to the applicant and the
985	public, the local government shall either deny the application
986	for amendment or adopt an amendment to the development order
987	which approves the application with or without conditions.
988	Following adoption, the local government shall render to the
989	state land planning agency the amendment to the development
990	order. The state land planning agency may appeal, pursuant to s.
991	380.07(3), the amendment to the development order if the
992	amendment involves sub-subparagraph g., sub-subparagraph h.,
993	sub-subparagraph j., or sub-subparagraph k. and it believes the
994	change creates a reasonable likelihood of new or additional
995	regional impacts a development order amendment for any change
996	listed in sub-subparagraphs a.-j. unless such issue is addressed
997	either in the existing development order or in the application
998	for development approval, but, in the case of the application,
999	only if, and in the manner in which, the application is
1000	incorporated in the development order.
1001	3.  Except for the change authorized by sub-subparagraph
1002	2.f., any addition of land not previously reviewed or any change
1003	not specified in paragraph (b) or paragraph (c) shall be
1004	presumed to create a substantial deviation. This presumption may
1005	be rebutted by clear and convincing evidence.
1006	4.  Any submittal of a proposed change to a previously
1007	approved development shall include a description of individual
1008	changes previously made to the development, including changes
1009	previously approved by the local government. The local
1010	government shall consider the previous and current proposed
1011	changes in deciding whether such changes cumulatively constitute
1012	a substantial deviation requiring further development-of-
1013	regional-impact review.
1014	5.  The following changes to an approved development of
1015	regional impact shall be presumed to create a substantial
1016	deviation. Such presumption may be rebutted by clear and
1017	convincing evidence.
1018	a.  A change proposed for 15 percent or more of the acreage
1019	to a land use not previously approved in the development order.
1020	Changes of less than 15 percent shall be presumed not to create
1021	a substantial deviation.
1022	b.  Except for the types of uses listed in subparagraph
1023	(b)16., any change which would result in the development of any
1024	area which was specifically set aside in the application for
1025	development approval or in the development order for
1026	preservation, buffers, or special protection, including habitat
1027	for plant and animal species, archaeological and historical
1028	sites, dunes, and other special areas.
1029	b.c.  Notwithstanding any provision of paragraph (b) to the
1030	contrary, a proposed change consisting of simultaneous increases
1031	and decreases of at least two of the uses within an authorized
1032	multiuse development of regional impact which was originally
1033	approved with three or more uses specified in s. 380.0651(3)(c),
1034	(d), (e)(f), and (f)(g) and residential use.
1035	(f)1.  The state land planning agency shall establish by
1036	rule standard forms for submittal of proposed changes to a
1037	previously approved development of regional impact which may
1038	require further development-of-regional-impact review. At a
1039	minimum, the standard form shall require the developer to
1040	provide the precise language that the developer proposes to
1041	delete or add as an amendment to the development order.
1042	2.  The developer shall submit, simultaneously, to the
1043	local government, the regional planning agency, and the state
1044	land planning agency the request for approval of a proposed
1045	change.
1046	3.  No sooner than 30 days but no later than 45 days after
1047	submittal by the developer to the local government, the state
1048	land planning agency, and the appropriate regional planning
1049	agency, the local government shall give 15 days' notice and
1050	schedule a public hearing to consider the change that the
1051	developer asserts does not create a substantial deviation. This
1052	public hearing shall be held within 60 90 days after submittal
1053	of the proposed changes, unless that time is extended by the
1054	developer.
1055	4.  The appropriate regional planning agency or the state
1056	land planning agency shall review the proposed change and, no
1057	later than 45 days after submittal by the developer of the
1058	proposed change, unless that time is extended by the developer,
1059	and prior to the public hearing at which the proposed change is
1060	to be considered, shall advise the local government in writing
1061	whether it objects to the proposed change, shall specify the
1062	reasons for its objection, if any, and shall provide a copy to
1063	the developer.
1064	5.  At the public hearing, the local government shall
1065	determine whether the proposed change requires further
1066	development-of-regional-impact review. The provisions of
1067	paragraphs (a) and (e), the thresholds set forth in paragraph
1068	(b), and the presumptions set forth in paragraphs (c) and (d)
1069	and subparagraph (e)3. shall be applicable in determining
1070	whether further development-of-regional-impact review is
1071	required.
1072	6.  If the local government determines that the proposed
1073	change does not require further development-of-regional-impact
1074	review and is otherwise approved, or if the proposed change is
1075	not subject to a hearing and determination pursuant to
1076	subparagraphs 3. and 5. and is otherwise approved, the local
1077	government shall issue an amendment to the development order
1078	incorporating the approved change and conditions of approval
1079	relating to the change. The requirement that a change be
1080	otherwise approved shall not be construed to require additional
1081	local review or approval if the change is allowed by applicable
1082	local ordinances without further local review or approval. The
1083	decision of the local government to approve, with or without
1084	conditions, or to deny the proposed change that the developer
1085	asserts does not require further review shall be subject to the
1086	appeal provisions of s. 380.07. However, the state land planning
1087	agency may not appeal the local government decision if it did
1088	not comply with subparagraph 4. The state land planning agency
1089	may not appeal a change to a development order made pursuant to
1090	subparagraph (e)1. or subparagraph (e)2. for developments of
1091	regional impact approved after January 1, 1980, unless the
1092	change would result in a significant impact to a regionally
1093	significant archaeological, historical, or natural resource not
1094	previously identified in the original development-of-regional-
1095	impact review.
1096	(g)  If a proposed change requires further development-of-
1097	regional-impact review pursuant to this section, the review
1098	shall be conducted subject to the following additional
1099	conditions:
1100	1.  The development-of-regional-impact review conducted by
1101	the appropriate regional planning agency shall address only
1102	those issues raised by the proposed change except as provided in
1103	subparagraph 2.
1104	2.  The regional planning agency shall consider, and the
1105	local government shall determine whether to approve, approve
1106	with conditions, or deny the proposed change as it relates to
1107	the entire development. If the local government determines that
1108	the proposed change, as it relates to the entire development, is
1109	unacceptable, the local government shall deny the change.
1110	3.  If the local government determines that the proposed
1111	change, as it relates to the entire development, should be
1112	approved, any new conditions in the amendment to the development
1113	order issued by the local government shall address only those
1114	issues raised by the proposed change and require mitigation only
1115	for the individual and cumulative impacts of the proposed
1116	change.
1117	4.  Development within the previously approved development
1118	of regional impact may continue, as approved, during the
1119	development-of-regional-impact review in those portions of the
1120	development which are not directly affected by the proposed
1121	change.
1122	(h)  When further development-of-regional-impact review is
1123	required because a substantial deviation has been determined or
1124	admitted by the developer, the amendment to the development
1125	order issued by the local government shall be consistent with
1126	the requirements of subsection (15) and shall be subject to the
1127	hearing and appeal provisions of s. 380.07. The state land
1128	planning agency or the appropriate regional planning agency need
1129	not participate at the local hearing in order to appeal a local
1130	government development order issued pursuant to this paragraph.
1131	(i)  An increase in the number of residential dwelling
1132	units shall not constitute a substantial deviation and shall not
1133	be subject to development-of-regional-impact review for
1134	additional impacts provided that all the residential dwelling
1135	units are dedicated to affordable workforce housing and the
1136	total number of new residential units does not exceed 200
1137	percent of the substantial deviation threshold. The affordable
1138	workforce housing shall be subject to a recorded land use
1139	restriction that shall be for a period of not less than 20 years
1140	and that includes resale provisions to ensure long-term
1141	affordability for income-eligible homeowners and renters. For
1142	purposes of this paragraph, the term "affordable workforce
1143	housing" means housing that is affordable to a person who earns
1144	less than 120 percent of the area median income, or less than
1145	140 percent of the area median income if located in a county in
1146	which the median purchase price for a single-family existing
1147	home exceeds the statewide median purchase price of a single-
1148	family existing home. For purposes of this paragraph, the term
1149	"statewide median purchase price of a single-family existing
1150	home" means the statewide purchase price as determined in the
1151	Florida Sales Report, Single-Family Existing Homes, released
1152	each January by the Florida Association of Realtors and the
1153	University of Florida Real Estate Research Center.
1154	(24)  STATUTORY EXEMPTIONS.--
1155	(a)  Any proposed hospital which has a designed capacity of
1156	not more than 100 beds is exempt from the provisions of this
1157	section.
1158	(b)  Any proposed electrical transmission line or
1159	electrical power plant is exempt from the provisions of this
1160	section, except any steam or solar electrical generating
1161	facility of less than 50 megawatts in capacity attached to a
1162	development of regional impact.
1163	(c)  Any proposed addition to an existing sports facility
1164	complex is exempt from the provisions of this section if the
1165	addition meets the following characteristics:
1166	1.  It would not operate concurrently with the scheduled
1167	hours of operation of the existing facility.
1168	2.  Its seating capacity would be no more than 75 percent
1169	of the capacity of the existing facility.
1170	3.  The sports facility complex property is owned by a
1171	public body prior to July 1, 1983.
1172
1173	This exemption does not apply to any pari-mutuel facility.
1174	(d)  Any proposed addition or cumulative additions
1175	subsequent to July 1, 1988, to an existing sports facility
1176	complex owned by a state university is exempt if the increased
1177	seating capacity of the complex is no more than 30 percent of
1178	the capacity of the existing facility.
1179	(e)  Any addition of permanent seats or parking spaces for
1180	an existing sports facility located on property owned by a
1181	public body prior to July 1, 1973, is exempt from the provisions
1182	of this section if future additions do not expand existing
1183	permanent seating or parking capacity more than 15 percent
1184	annually in excess of the prior year's capacity.
1185	(f)  Any increase in the seating capacity of an existing
1186	sports facility having a permanent seating capacity of at least
1187	50,000 spectators is exempt from the provisions of this section,
1188	provided that such an increase does not increase permanent
1189	seating capacity by more than 5 percent per year and not to
1190	exceed a total of 10 percent in any 5-year period, and provided
1191	that the sports facility notifies the appropriate local
1192	government within which the facility is located of the increase
1193	at least 6 months prior to the initial use of the increased
1194	seating, in order to permit the appropriate local government to
1195	develop a traffic management plan for the traffic generated by
1196	the increase. Any traffic management plan shall be consistent
1197	with the local comprehensive plan, the regional policy plan, and
1198	the state comprehensive plan.
1199	(g)  Any expansion in the permanent seating capacity or
1200	additional improved parking facilities of an existing sports
1201	facility is exempt from the provisions of this section, if the
1202	following conditions exist:
1203	1.a.  The sports facility had a permanent seating capacity
1204	on January 1, 1991, of at least 41,000 spectator seats;
1205	b.  The sum of such expansions in permanent seating
1206	capacity does not exceed a total of 10 percent in any 5-year
1207	period and does not exceed a cumulative total of 20 percent for
1208	any such expansions; or
1209	c.  The increase in additional improved parking facilities
1210	is a one-time addition and does not exceed 3,500 parking spaces
1211	serving the sports facility; and
1212	2.  The local government having jurisdiction of the sports
1213	facility includes in the development order or development permit
1214	approving such expansion under this paragraph a finding of fact
1215	that the proposed expansion is consistent with the
1216	transportation, water, sewer and stormwater drainage provisions
1217	of the approved local comprehensive plan and local land
1218	development regulations relating to those provisions.
1219
1220	Any owner or developer who intends to rely on this statutory
1221	exemption shall provide to the department a copy of the local
1222	government application for a development permit. Within 45 days
1223	of receipt of the application, the department shall render to
1224	the local government an advisory and nonbinding opinion, in
1225	writing, stating whether, in the department's opinion, the
1226	prescribed conditions exist for an exemption under this
1227	paragraph. The local government shall render the development
1228	order approving each such expansion to the department. The
1229	owner, developer, or department may appeal the local government
1230	development order pursuant to s. 380.07, within 45 days after
1231	the order is rendered. The scope of review shall be limited to
1232	the determination of whether the conditions prescribed in this
1233	paragraph exist. If any sports facility expansion undergoes
1234	development of regional impact review, all previous expansions
1235	which were exempt under this paragraph shall be included in the
1236	development of regional impact review.
1237	(h)  Expansion to port harbors, spoil disposal sites,
1238	navigation channels, turning basins, harbor berths, and other
1239	related inwater harbor facilities of ports listed in s.
1240	403.021(9)(b), port transportation facilities and projects
1241	listed in s. 311.07(3)(b), and intermodal transportation
1242	facilities identified pursuant to s. 311.09(3) are exempt from
1243	the provisions of this section when such expansions, projects,
1244	or facilities are consistent with comprehensive master plans
1245	that are in compliance with the provisions of s. 163.3178.
1246	(i)  Any proposed facility for the storage of any petroleum
1247	product or any expansion of an existing facility is exempt from
1248	the provisions of this section, if the facility is consistent
1249	with a local comprehensive plan that is in compliance with s.
1250	163.3177 or is consistent with a comprehensive port master plan
1251	that is in compliance with s. 163.3178.
1252	(j)  Any renovation or redevelopment within the same land
1253	parcel which does not change land use or increase density or
1254	intensity of use.
1255	(k)1.  Waterport and marina development, including dry
1256	storage facilities, are exempt from the provisions of this
1257	section Any waterport or marina development is exempt from the
1258	provisions of this section if the relevant county or
1259	municipality has adopted a boating facility siting plan or
1260	policy which includes applicable criteria, considering such
1261	factors as natural resources, manatee protection needs and
1262	recreation and economic demands as generally outlined in the
1263	Bureau of Protected Species Management Boat Facility Siting
1264	Guide, dated August 2000, into the coastal management or land
1265	use element of its comprehensive plan. The adoption of boating
1266	facility siting plans or policies into the comprehensive plan is
1267	exempt from the provisions of s. 163.3187(1). Any waterport or
1268	marina development within the municipalities or counties with
1269	boating facility siting plans or policies that meet the above
1270	criteria, adopted prior to April 1, 2002, are exempt from the
1271	provisions of this section, when their boating facility siting
1272	plan or policy is adopted as part of the relevant local
1273	government's comprehensive plan.
1274	2.  Within 6 months of the effective date of this law, The
1275	Department of Community Affairs, in conjunction with the
1276	Department of Environmental Protection and the Florida Fish and
1277	Wildlife Conservation Commission, shall provide technical
1278	assistance and guidelines, including model plans, policies and
1279	criteria to local governments for the development of their
1280	siting plans.
1281	(l)  Any proposed development within an urban service
1282	boundary established under s. 163.3177(14) is exempt from the
1283	provisions of this section if the local government having
1284	jurisdiction over the area where the development is proposed has
1285	adopted the urban service boundary, and has entered into a
1286	binding agreement with adjacent jurisdictions that would be
1287	impacted and with the Department of Transportation regarding the
1288	mitigation of impacts on state and regional transportation
1289	facilities, and has adopted a proportionate share methodology
1290	pursuant to s. 163.3180(16).
1291	(m)  Any proposed development within a rural land
1292	stewardship area created under s. 163.3177(11)(d) is exempt from
1293	the provisions of this section if the local government that has
1294	adopted the rural land stewardship area has entered into a
1295	binding agreement with jurisdictions that would be impacted and
1296	the Department of Transportation regarding the mitigation of
1297	impacts on state and regional transportation facilities, and has
1298	adopted a proportionate share methodology pursuant to s.
1299	163.3180(16).
1300	(n)  Any proposed development or redevelopment within an
1301	area designated as an urban infill and redevelopment area under
1302	s. 163.2517 is exempt from the provisions of this section if the
1303	local government has entered into a binding agreement with
1304	jurisdictions that would be impacted and the Department of
1305	Transportation regarding the mitigation of impacts on state and
1306	regional transportation facilities, and has adopted a
1307	proportionate share methodology pursuant to s. 163.3180(16).
1308	(o)  The establishment, relocation, or expansion of any
1309	military installation as defined in s. 163.3175, is exempt from
1310	this section.
1311	(p)  Any self-storage warehousing that does not allow
1312	retail or other services is exempt from this section.
1313	(q)  Any proposed nursing home or assisted living facility
1314	is exempt from this section.
1315	(r)  Any development identified in an airport master plan
1316	and adopted into the comprehensive plan pursuant to s.
1317	163.3177(6)(k) is exempt from this section.
1318	(s)  Any development identified in a campus master plan and
1319	adopted pursuant to s. 1013.30 is exempt from this section.
1320	(t)  Any development in a specific area plan which is
1321	prepared pursuant to s. 163.3245 and adopted into the
1322	comprehensive plan is exempt from this section.
1323	(u)  Any development within a county with a research and
1324	education authority created by special act and is also within a
1325	research and development park that is operated or managed by a
1326	research and development authority pursuant to part V of chapter
1327	159 is exempt from this section.
1328
1329	If a use is exempt from review as a development of regional
1330	impact under paragraphs (a)-(t), except for paragraph (u), but
1331	will be part of a larger project that is subject to review as a
1332	development of regional impact, the impact of the exempt use
1333	must be included in the review of the larger project.
1334	(26)  ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.--
1335	(a)  There is hereby established a process to abandon a
1336	development of regional impact and its associated development
1337	orders. A development of regional impact and its associated
1338	development orders may be proposed to be abandoned by the owner
1339	or developer. The local government in which the development of
1340	regional impact is located also may propose to abandon the
1341	development of regional impact, provided that the local
1342	government gives individual written notice to each development-
1343	of-regional-impact owner and developer of record, and provided
1344	that no such owner or developer objects in writing to the local
1345	government prior to or at the public hearing pertaining to
1346	abandonment of the development of regional impact. The state
1347	land planning agency is authorized to promulgate rules that
1348	shall include, but not be limited to, criteria for determining
1349	whether to grant, grant with conditions, or deny a proposal to
1350	abandon, and provisions to ensure that the developer satisfies
1351	all applicable conditions of the development order and
1352	adequately mitigates for the impacts of the development. If
1353	there is no existing development within the development of
1354	regional impact at the time of abandonment and no development
1355	within the development of regional impact is proposed by the
1356	owner or developer after such abandonment, an abandonment order
1357	shall not require the owner or developer to contribute any land,
1358	funds, or public facilities as a condition of such abandonment
1359	order. The rules shall also provide a procedure for filing
1360	notice of the abandonment pursuant to s. 28.222 with the clerk
1361	of the circuit court for each county in which the development of
1362	regional impact is located. Any decision by a local government
1363	concerning the abandonment of a development of regional impact
1364	shall be subject to an appeal pursuant to s. 380.07. The issues
1365	in any such appeal shall be confined to whether the provisions
1366	of this subsection or any rules promulgated thereunder have been
1367	satisfied.
1368	(b)  Upon receipt of written confirmation from the state
1369	land planning agency that any required mitigation applicable to
1370	completed development has occurred, an industrial development of
1371	regional impact located within the coastal high-hazard area of a
1372	rural county of economic concern which was approved prior to the
1373	adoption of the local government's comprehensive plan required
1374	under s. 163.3167 and which plan's future land use map and
1375	zoning designates the land use for the development of regional
1376	impact as commercial may be unilaterally abandoned without the
1377	need to proceed through the process described in paragraph (a)
1378	if the developer or owner provides a notice of abandonment to
1379	the local government and records such notice with the applicable
1380	clerk of court. Abandonment shall be deemed to have occurred
1381	upon the recording of the notice. All development following
1382	abandonment shall be fully consistent with the current
1383	comprehensive plan and applicable zoning.
1384	(28)  PARTIAL STATUTORY EXEMPTIONS.--
1385	(a)  If the binding agreement referenced under paragraph
1386	(24)(l) for urban service boundaries is not entered into within
1387	12 months after establishment of the urban service boundary, the
1388	development-of-regional-impact review for projects within the
1389	urban service boundary must address transportation impacts only.
1390	(b)  If the binding agreement referenced under paragraph
1391	(24)(m) for rural land stewardship areas is not entered into
1392	within 12 months after the designation of a rural land
1393	stewardship area, the development-of-regional-impact review for
1394	projects within the rural land stewardship area must address
1395	transportation impacts only.
1396	(c)  If the binding agreement referenced under paragraph
1397	(24)(n) for designated urban infill and redevelopment areas is
1398	not entered into within 12 months after the designation of the
1399	area or July 1, 2007, whichever occurs later, the development-
1400	of-regional-impact review for projects within the urban infill
1401	and redevelopment area must address transportation impacts only.
1402	(d)  A local government that does not wish to enter into a
1403	binding agreement or that is unable to agree on the terms of the
1404	agreement referenced under paragraph (24)(l), paragraph (24)(m),
1405	or paragraph (24)(n) shall provide written notification to the
1406	state land planning agency of the decision to not enter into a
1407	binding agreement or the failure to enter into a binding
1408	agreement within the 12-month period referenced in paragraphs
1409	(a), (b) and (c). Following the notification of the state land
1410	planning agency, development-of-regional-impact review for
1411	projects within an urban service boundary under paragraph
1412	(24)(l), a rural land stewardship area under paragraph (24)(m),
1413	or an urban infill and redevelopment area under paragraph
1414	(24)(n), must address transportation impacts only.
1415	(e)  The vesting provision of s. 163.3167(8) relating to an
1416	authorized development of regional impact shall not apply to
1417	those projects partially exempt from the development-of-
1418	regional-impact review process under paragraphs (a)-(d).
1419	Section 9.  Paragraphs (d) and (e) of subsection (3) of
1420	section 380.0651, Florida Statutes, are amended, paragraphs (f)
1421	through (i) are redesignated as paragraphs (e) through (h),
1422	respectively, paragraph (j) is redesignated as paragraph (i) and
1423	amended, and a new paragraph (j) is added to that subsection, to
1424	read:
1425	380.0651  Statewide guidelines and standards.--
1426	(3)  The following statewide guidelines and standards shall
1427	be applied in the manner described in s. 380.06(2) to determine
1428	whether the following developments shall be required to undergo
1429	development-of-regional-impact review:
1430	(d)  Office development.--Any proposed office building or
1431	park operated under common ownership, development plan, or
1432	management that:
1433	1.  Encompasses 300,000 or more square feet of gross floor
1434	area; or
1435	2.  Encompasses more than 600,000 square feet of gross
1436	floor area in a county with a population greater than 500,000
1437	and only in a geographic area specifically designated as highly
1438	suitable for increased threshold intensity in the approved local
1439	comprehensive plan and in the strategic regional policy plan.
1440	(e)  Port facilities.--The proposed construction of any
1441	waterport or marina is required to undergo
1442	development-of-regional-impact review, except one designed for:
1443	1.a.  The wet storage or mooring of fewer than 150
1444	watercraft used exclusively for sport, pleasure, or commercial
1445	fishing, or
1446	b.  The dry storage of fewer than 200 watercraft used
1447	exclusively for sport, pleasure, or commercial fishing, or
1448	c.  The wet or dry storage or mooring of fewer than 150
1449	watercraft on or adjacent to an inland freshwater lake except
1450	Lake Okeechobee or any lake which has been designated an
1451	Outstanding Florida Water, or
1452	d.  The wet or dry storage or mooring of fewer than 50
1453	watercraft of 40 feet in length or less of any type or purpose.
1454	The exceptions to this paragraph's requirements for development-
1455	of-regional-impact review shall not apply to any waterport or
1456	marina facility located within or which serves physical
1457	development located within a coastal barrier resource unit on an
1458	unbridged barrier island designated pursuant to 16 U.S.C. s.
1459	3501.
1460
1461	In addition to the foregoing, for projects for which no
1462	environmental resource permit or sovereign submerged land lease
1463	is required, the Department of Environmental Protection must
1464	determine in writing that a proposed marina in excess of 10
1465	slips or storage spaces or a combination of the two is located
1466	so that it will not adversely impact Outstanding Florida Waters
1467	or Class II waters and will not contribute boat traffic in a
1468	manner that will have an adverse impact on an area known to be,
1469	or likely to be, frequented by manatees. If the Department of
1470	Environmental Protection fails to issue its determination within
1471	45 days of receipt of a formal written request, it has waived
1472	its authority to make such determination. The Department of
1473	Environmental Protection determination shall constitute final
1474	agency action pursuant to chapter 120.
1475	2.  The dry storage of fewer than 300 watercraft used
1476	exclusively for sport, pleasure, or commercial fishing at a
1477	marina constructed and in operation prior to July 1, 1985.
1478	3.  Any proposed marina development with both wet and dry
1479	mooring or storage used exclusively for sport, pleasure, or
1480	commercial fishing, where the sum of percentages of the
1481	applicable wet and dry mooring or storage thresholds equals 100
1482	percent. This threshold is in addition to, and does not
1483	preclude, a development from being required to undergo
1484	development-of-regional-impact review under sub-subparagraphs
1485	1.a. and b. and subparagraph 2.
1486	(i)(j)  Residential development.--No rule may be adopted
1487	concerning residential developments which treats a residential
1488	development in one county as being located in a less populated
1489	adjacent county unless more than 25 percent of the development
1490	is located within 2 or less miles of the less populated adjacent
1491	county. The residential thresholds of adjacent counties with
1492	less population and a lower threshold shall not be controlling
1493	on any development wholly located within areas designated as
1494	rural areas of critical economic concern.
1495	(j)  Workforce housing.--The applicable guidelines for
1496	residential development and the residential component for
1497	multiuse development shall be increased by 50 percent where the
1498	developer demonstrates that at least 15 percent of the total
1499	residential dwelling units authorized within the development of
1500	regional impact will be dedicated to affordable workforce
1501	housing, subject to a recorded land use restriction that shall
1502	be for a period of not less than 20 years and that includes
1503	resale provisions to ensure long-term affordability for income-
1504	eligible homeowners and renters and provisions for the workforce
1505	housing to be commenced prior to the completion of 50 percent of
1506	the market rate dwelling. For purposes of this paragraph, the
1507	term "affordable workforce housing" means housing that is
1508	affordable to a person who earns less than 120 percent of the
1509	area median income, or less than 140 percent of the area median
1510	income if located in a county in which the median purchase price
1511	for a single-family existing home exceeds the statewide median
1512	purchase price of a single-family existing home. For the
1513	purposes of this paragraph, the term "statewide median purchase
1514	price of a single-family existing home" means the statewide
1515	purchase price as determined in the Florida Sales Report,
1516	Single-Family Existing Homes, released each January by the
1517	Florida Association of Realtors and the University of Florida
1518	Real Estate Research Center.
1519	Section 10.  Section 380.07, Florida Statutes, is amended
1520	to read:
1521	380.07  Florida Land and Water Adjudicatory Commission.--
1522	(1)  There is hereby created the Florida Land and Water
1523	Adjudicatory Commission, which shall consist of the
1524	Administration Commission. The commission may adopt rules
1525	necessary to ensure compliance with the area of critical state
1526	concern program and the requirements for developments of
1527	regional impact as set forth in this chapter.
1528	(2)  Whenever any local government issues any development
1529	order in any area of critical state concern, or in regard to any
1530	development of regional impact, copies of such orders as
1531	prescribed by rule by the state land planning agency shall be
1532	transmitted to the state land planning agency, the regional
1533	planning agency, and the owner or developer of the property
1534	affected by such order. The state land planning agency shall
1535	adopt rules describing development order rendition and
1536	effectiveness in designated areas of critical state concern.
1537	Within 45 days after the order is rendered, the owner, the
1538	developer, or the state land planning agency may appeal the
1539	order to the Florida Land and Water Adjudicatory Commission by
1540	filing a petition alleging that the development order is not
1541	consistent with the provisions of this part notice of appeal
1542	with the commission. The appropriate regional planning agency by
1543	vote at a regularly scheduled meeting may recommend that the
1544	state land planning agency undertake an appeal of a development-
1545	of-regional-impact development order. Upon the request of an
1546	appropriate regional planning council, affected local
1547	government, or any citizen, the state land planning agency shall
1548	consider whether to appeal the order and shall respond to the
1549	request within the 45-day appeal period. Any appeal taken by a
1550	regional planning agency between March 1, 1993, and the
1551	effective date of this section may only be continued if the
1552	state land planning agency has also filed an appeal. Any appeal
1553	initiated by a regional planning agency on or before March 1,
1554	1993, shall continue until completion of the appeal process and
1555	any subsequent appellate review, as if the regional planning
1556	agency were authorized to initiate the appeal.
1557	(3)  Notwithstanding any other provision of law, an appeal
1558	of a development order by the state land planning agency under
1559	this section may include consistency of the development order
1560	with the local comprehensive plan. However, if a development
1561	order relating to a development of regional impact has been
1562	challenged in a proceeding under s. 163.3215 and a party to the
1563	proceeding serves notice to the state land planning agency of
1564	the pending proceeding under s. 163.3215, the state land
1565	planning agency shall:
1566	(a)  Raise its consistency issues by intervening as a full
1567	party in the pending proceeding under s. 163.3215 within 30 days
1568	after service of the notice; and
1569	(b)  Dismiss the consistency issues from the development
1570	order appeal.
1571	(4)  The appellant shall furnish a copy of the petition to
1572	the opposing party, as the case may be, and to the local
1573	government that issued the order. The filing of the petition
1574	stays the effectiveness of the order until after the completion
1575	of the appeal process.
1576	(5)(3)  The 45-day appeal period for a development of
1577	regional impact within the jurisdiction of more than one local
1578	government shall not commence until after all the local
1579	governments having jurisdiction over the proposed development of
1580	regional impact have rendered their development orders. The
1581	appellant shall furnish a copy of the notice of appeal to the
1582	opposing party, as the case may be, and to the local government
1583	which issued the order. The filing of the notice of appeal shall
1584	stay the effectiveness of the order until after the completion
1585	of the appeal process.
1586	(6)(4)  Prior to issuing an order, the Florida Land and
1587	Water Adjudicatory Commission shall hold a hearing pursuant to
1588	the provisions of chapter 120. The commission shall encourage
1589	the submission of appeals on the record made below in cases in
1590	which the development order was issued after a full and complete
1591	hearing before the local government or an agency thereof.
1592	(7)(5)  The Florida Land and Water Adjudicatory Commission
1593	shall issue a decision granting or denying permission to develop
1594	pursuant to the standards of this chapter and may attach
1595	conditions and restrictions to its decisions.
1596	(8)(6)  If an appeal is filed with respect to any issues
1597	within the scope of a permitting program authorized by chapter
1598	161, chapter 373, or chapter 403 and for which a permit or
1599	conceptual review approval has been obtained prior to the
1600	issuance of a development order, any such issue shall be
1601	specifically identified in the notice of appeal which is filed
1602	pursuant to this section, together with other issues which
1603	constitute grounds for the appeal. The appeal may proceed with
1604	respect to issues within the scope of permitting programs for
1605	which a permit or conceptual review approval has been obtained
1606	prior to the issuance of a development order only after the
1607	commission determines by majority vote at a regularly scheduled
1608	commission meeting that statewide or regional interests may be
1609	adversely affected by the development. In making this
1610	determination, there shall be a rebuttable presumption that
1611	statewide and regional interests relating to issues within the
1612	scope of the permitting programs for which a permit or
1613	conceptual approval has been obtained are not adversely
1614	affected.
1615	Section 11.  Section 380.115, Florida Statutes, is amended
1616	to read:
1617	380.115  Vested rights and duties; effect of size
1618	reduction, changes in guidelines and standards chs. 2002-20 and
1619	2002-296.--
1620	(1)  A change in a development-of-regional-impact guideline
1621	and standard does not abridge Nothing contained in this act
1622	abridges or modify modifies any vested or other right or any
1623	duty or obligation pursuant to any development order or
1624	agreement that is applicable to a development of regional impact
1625	on the effective date of this act. A development that has
1626	received a development-of-regional-impact development order
1627	pursuant to s. 380.06, but is no longer required to undergo
1628	development-of-regional-impact review by operation of a change
1629	in the guidelines and standards or has reduced its size below
1630	the thresholds in s. 380.0651 of this act, shall be governed by
1631	the following procedures:
1632	(a)  The development shall continue to be governed by the
1633	development-of-regional-impact development order and may be
1634	completed in reliance upon and pursuant to the development order
1635	unless the developer or landowner has followed the procedures
1636	for rescission in paragraph (b). Any proposed changes to those
1637	developments which continue to be governed by a development
1638	order shall be approved pursuant to s. 380.06(19) as it existed
1639	prior to a change in the development-of-regional-impact
1640	guidelines and standards, except that all percentage criteria
1641	shall be doubled and all other criteria shall be increased by 10
1642	percent. The development-of-regional-impact development order
1643	may be enforced by the local government as provided by ss.
1644	380.06(17) and 380.11.
1645	(b)  If requested by the developer or landowner, the
1646	development-of-regional-impact development order shall may be
1647	rescinded by the local government having jurisdiction upon a
1648	showing that all required mitigation related to the amount of
1649	development that existed on the date of rescission has been
1650	completed abandoned pursuant to the process in s. 380.06(26).
1651	(2)  A development with an application for development
1652	approval pending, and determined sufficient pursuant to s.
1653	380.06 s. 380.06(10), on the effective date of a change to the
1654	guidelines and standards this act, or a notification of proposed
1655	change pending on the effective date of a change to the
1656	guidelines and standards this act, may elect to continue such
1657	review pursuant to s. 380.06. At the conclusion of the pending
1658	review, including any appeals pursuant to s. 380.07, the
1659	resulting development order shall be governed by the provisions
1660	of subsection (1).
1661	(3)  A landowner that has filed an application for a
1662	development-of-regional-impact review prior to the adoption of
1663	an optional sector plan pursuant to s. 163.3245 may elect to
1664	have the application reviewed pursuant to s. 380.06,
1665	comprehensive plan provisions in force prior to adoption of the
1666	sector plan, and any requested comprehensive plan amendments
1667	that accompany the application.
1668	Section 12.  Paragraph (i) of subsection (2) of section
1669	403.813, Florida Statutes, is amended to read:
1670	403.813  Permits issued at district centers; exceptions.--
1671	(2)  A permit is not required under this chapter, chapter
1672	373, chapter 61-691, Laws of Florida, or chapter 25214 or
1673	chapter 25270, 1949, Laws of Florida, for activities associated
1674	with the following types of projects; however, except as
1675	otherwise provided in this subsection, nothing in this
1676	subsection relieves an applicant from any requirement to obtain
1677	permission to use or occupy lands owned by the Board of Trustees
1678	of the Internal Improvement Trust Fund or any water management
1679	district in its governmental or proprietary capacity or from
1680	complying with applicable local pollution control programs
1681	authorized under this chapter or other requirements of county
1682	and municipal governments:
1683	(i)  The construction of private docks of 1,000 square feet
1684	or less of over-water surface area and seawalls in artificially
1685	created waterways where such construction will not violate
1686	existing water quality standards, impede navigation, or affect
1687	flood control. This exemption does not apply to the construction
1688	of vertical seawalls in estuaries or lagoons unless the proposed
1689	construction is within an existing manmade canal where the
1690	shoreline is currently occupied in whole or part by vertical
1691	seawalls.
1692	Section 13.  This act shall take effect July 1, 2006.

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