| 1 | Representative M. Davis offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 524-555 and insert: |
| 5 | 380.06 Developments of regional impact.-- |
| 6 | (19) SUBSTANTIAL DEVIATIONS.-- |
| 7 | (e)1. Except for a development order rendered pursuant to |
| 8 | subsection (22) or subsection (25), a proposed change to a |
| 9 | development order that individually or cumulatively with any |
| 10 | previous change is less than any numerical criterion contained |
| 11 | in subparagraphs (b)1.-13. and does not exceed any other |
| 12 | criterion, or that involves an extension of the buildout date of |
| 13 | a development, or any phase thereof, of less than 5 years is not |
| 14 | subject to the public hearing requirements of subparagraph |
| 15 | (f)3., and is not subject to a determination pursuant to |
| 16 | subparagraph (f)5. Notice of the proposed change shall be made |
| 17 | to the regional planning council and the state land planning |
| 18 | agency. Such notice shall include a description of previous |
| 19 | individual changes made to the development, including changes |
| 20 | previously approved by the local government, and shall include |
| 21 | appropriate amendments to the development order. |
| 22 | 2. The following changes, individually or cumulatively |
| 23 | with any previous changes, are not substantial deviations: |
| 24 | a. Changes in the name of the project, developer, owner, |
| 25 | or monitoring official. |
| 26 | b. Changes to a setback that do not affect noise buffers, |
| 27 | environmental protection or mitigation areas, or archaeological |
| 28 | or historical resources. |
| 29 | c. Changes to minimum lot sizes. |
| 30 | d. Changes in the configuration of internal roads that do |
| 31 | not affect external access points. |
| 32 | e. Changes to the building design or orientation that stay |
| 33 | approximately within the approved area designated for such |
| 34 | building and parking lot, and which do not affect historical |
| 35 | buildings designated as significant by the Division of |
| 36 | Historical Resources of the Department of State. |
| 37 | f. Changes to increase the acreage in the development, |
| 38 | provided that no development is proposed on the acreage to be |
| 39 | added. |
| 40 | g. Changes to eliminate an approved land use, provided |
| 41 | that there are no additional regional impacts. |
| 42 | h. Changes required to conform to permits approved by any |
| 43 | federal, state, or regional permitting agency, provided that |
| 44 | these changes do not create additional regional impacts. |
| 45 | i. Any renovation or redevelopment of development within a |
| 46 | previously approved development of regional impact which does |
| 47 | not change land use or increase density or intensity of use. |
| 48 | j. Changes that modify boundaries and configuration of |
| 49 | areas described in subparagraph (b)14. due to science-based |
| 50 | refinement of such areas by survey, by habitat evaluation, by |
| 51 | other recognized assessment methodology, or by an environmental |
| 52 | assessment. In order for changes to qualify under this sub- |
| 53 | subparagraph, the survey, habitat evaluation, or assessment must |
| 54 | occur prior to the time a conservation easement protecting such |
| 55 | lands is recorded and must not result in any net decrease in the |
| 56 | total acreage of the lands specifically set aside for permanent |
| 57 | preservation in the final development order. |
| 58 | k.. Changes to permit the sale of owner-occupied affordable |
| 59 | housing units to the next higher income qualified class as |
| 60 | defined in the development order, provided that the developer |
| 61 | has actively marketed the unit for a minimum period of 6 months, |
| 62 | is unable to close a sale to a qualified buyer in the targeted |
| 63 | income class, the unit has been issued a certificate of |
| 64 | occupancy, and sells to a buyer qualified in the next higher |
| 65 | income qualified class at a price no greater than the price the |
| 66 | unit was originally marketed to the lower income qualified |
| 67 | class. This provision shall not be applied to residential units |
| 68 | approved pursuant to subparagraph (b)7. or paragraph (i). |
| 69 | l.k. Any other change which the state land planning |
| 70 | agency, in consultation with the regional planning council, |
| 71 | agrees in writing is similar in nature, impact, or character to |
| 72 | the changes enumerated in sub-subparagraphs a.-j. and which does |
| 73 | not create the likelihood of any additional regional impact. |
| 74 |
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| 75 | This subsection does not require the filing of a notice of |
| 76 | proposed change but shall require an application to the local |
| 77 | government to amend the development order in accordance with the |
| 78 | local government's procedures for amendment of a development |
| 79 | order. In accordance with the local government's procedures, |
| 80 | including requirements for notice to the applicant and the |
| 81 | public, the local government shall either deny the application |
| 82 | for amendment or adopt an amendment to the development order |
| 83 | which approves the application with or without conditions. |
| 84 | Following adoption, the local government shall render to the |
| 85 | state land planning agency the amendment to the development |
| 86 | order. The state land planning agency may appeal, pursuant to s. |
| 87 | 380.07(3), the amendment to the development order if the |
| 88 | amendment involves sub-subparagraph g., sub-subparagraph h., |
| 89 | sub-subparagraph j., or sub-subparagraph k., or sub-subparagraph |
| 90 | l., and it believes the change creates a reasonable likelihood |
| 91 | of new or additional regional impacts. |
| 92 | 3. Except for the change authorized by sub-subparagraph |
| 93 | 2.f., any addition of land not previously reviewed or any change |
| 94 | not specified in paragraph (b) or paragraph (c) shall be |
| 95 | presumed to create a substantial deviation. This presumption may |
| 96 | be rebutted by clear and convincing evidence. |
| 97 | 4. Any submittal of a proposed change to a previously |
| 98 | approved development shall include a description of individual |
| 99 | changes previously made to the development, including changes |
| 100 | previously approved by the local government. The local |
| 101 | government shall consider the previous and current proposed |
| 102 | changes in deciding whether such changes cumulatively constitute |
| 103 | a substantial deviation requiring further development-of- |
| 104 | regional-impact review. |
| 105 | 5. The following changes to an approved development of |
| 106 | regional impact shall be presumed to create a substantial |
| 107 | deviation. Such presumption may be rebutted by clear and |
| 108 | convincing evidence. |
| 109 | a. A change proposed for 15 percent or more of the acreage |
| 110 | to a land use not previously approved in the development order. |
| 111 | Changes of less than 15 percent shall be presumed not to create |
| 112 | a substantial deviation. |
| 113 | b. Notwithstanding any provision of paragraph (b) to the |
| 114 | contrary, a proposed change consisting of simultaneous increases |
| 115 | and decreases of at least two of the uses within an authorized |
| 116 | multiuse development of regional impact which was originally |
| 117 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 118 | (d), (e), and (f) and residential use. |
| 119 | (i) An increase in the number of residential dwelling |
| 120 | units shall not constitute a substantial deviation and shall not |
| 121 | be subject to development-of-regional-impact review for |
| 122 | additional impacts, provided that all the residential dwelling |
| 123 | units are dedicated to affordable workforce housing and the |
| 124 | total number of new residential units does not exceed 200 |
| 125 | percent of the substantial deviation threshold. The affordable |
| 126 | workforce housing shall be subject to a recorded land use |
| 127 | restriction that shall be for a period of not less than 20 years |
| 128 | and that includes resale provisions to ensure long-term |
| 129 | affordability for income-eligible homeowners and renters. For |
| 130 | purposes of this paragraph, the term "affordable workforce |
| 131 | housing" means housing that is affordable to a person who earns |
| 132 | less than 120 percent of the area median income, or less than |
| 133 | 140 percent of the area median income if located in a county in |
| 134 | which the median purchase price for a single-family existing |
| 135 | home exceeds the statewide median purchase price of a single- |
| 136 | family existing home. For purposes of this paragraph, the term |
| 137 | "statewide median purchase price of a single-family existing |
| 138 | home" means the statewide purchase price as determined in the |
| 139 | Florida Sales Report, Single-Family Existing Homes, released |
| 140 | each January by the Florida Association of Realtors and the |
| 141 | University of Florida Real Estate Research Center. The |
| 142 | affordable workforce housing units developed in accordance with |
| 143 | these provisions which are in close proximity to employment |
| 144 | centers, as determined by the local government in accordance |
| 145 | with s. 163.3177(6)(a), may be exempted from transportation |
| 146 | concurrency regulations of s. 163.3180 and the local government |
| 147 | may determine that associated trips do not reduce any |
| 148 | transportation trip generation entitlements of the approved |
| 149 | development-of-regional-impact development order. |
| 150 |
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| 151 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 152 | Remove lines 522-523 and insert: |
| 153 | Section 9. Paragraphs (e) and (i) of subsection (19) of |
| 154 | section 380.06, Florida Statutes, are amended to read: |
| 155 |
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| 156 | ======= T I T L E A M E N D M E N T ======= |
| 157 | Remove line 36 and insert: |
| 158 | amending s. 380.06, F.S.; providing that certain changes to |
| 159 | permit the sale of owner-occupied affordable housing units do |
| 160 | not constitute a substantial deviation; providing exemptions |
| 161 | from |