Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1375, 2nd Eng.
Barcode 584664
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 Floor: 1j/RE/3R .
05/02/2007 07:28 PM .
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 Senator Saunders moved the following amendment to amendment
12 (790464):
13
14 Senate Amendment (with directory amendment)
15 On page 16, between lines 22-23,
16
17 insert:
18 (e)1. Except for a development order rendered pursuant
19 to subsection (22) or subsection (25), a proposed change to a
20 development order that individually or cumulatively with any
21 previous change is less than any numerical criterion contained
22 in subparagraphs (b)1.-13. and does not exceed any other
23 criterion, or that involves an extension of the buildout date
24 of a development, or any phase thereof, of less than 5 years
25 is not subject to the public hearing requirements of
26 subparagraph (f)3., and is not subject to a determination
27 pursuant to subparagraph (f)5. Notice of the proposed change
28 shall be made to the regional planning council and the state
29 land planning agency. Such notice shall include a description
30 of previous individual changes made to the development,
31 including changes previously approved by the local government,
1
6:18 PM 05/01/07 h1375.37ca.0bb
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1375, 2nd Eng.
Barcode 584664
1 and shall include appropriate amendments to the development
2 order.
3 2. The following changes, individually or cumulatively
4 with any previous changes, are not substantial deviations:
5 a. Changes in the name of the project, developer,
6 owner, or monitoring official.
7 b. Changes to a setback that do not affect noise
8 buffers, environmental protection or mitigation areas, or
9 archaeological or historical resources.
10 c. Changes to minimum lot sizes.
11 d. Changes in the configuration of internal roads that
12 do not affect external access points.
13 e. Changes to the building design or orientation that
14 stay approximately within the approved area designated for
15 such building and parking lot, and which do not affect
16 historical buildings designated as significant by the Division
17 of Historical Resources of the Department of State.
18 f. Changes to increase the acreage in the development,
19 provided that no development is proposed on the acreage to be
20 added.
21 g. Changes to eliminate an approved land use, provided
22 that there are no additional regional impacts.
23 h. Changes required to conform to permits approved by
24 any federal, state, or regional permitting agency, provided
25 that these changes do not create additional regional impacts.
26 i. Any renovation or redevelopment of development
27 within a previously approved development of regional impact
28 which does not change land use or increase density or
29 intensity of use.
30 j. Changes that modify boundaries and configuration of
31 areas described in subparagraph (b)14. due to science-based
2
6:18 PM 05/01/07 h1375.37ca.0bb
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1375, 2nd Eng.
Barcode 584664
1 refinement of such areas by survey, by habitat evaluation, by
2 other recognized assessment methodology, or by an
3 environmental assessment. In order for changes to qualify
4 under this sub-subparagraph, the survey, habitat evaluation,
5 or assessment must occur prior to the time a conservation
6 easement protecting such lands is recorded and must not result
7 in any net decrease in the total acreage of the lands
8 specifically set aside for permanent preservation in the final
9 development order.
10 k. Changes to permit the sale of an affordable housing
11 unit to a person who earns less than 120 percent of the area
12 median income, provided the developer actively markets the
13 unit for a minimum period of 6 months, is unable to close a
14 sale to a qualified buyer in a lower income qualified income
15 class, a certificate of occupancy is issued for the unit, and
16 the developer proposes to sell the unit to a person who earns
17 less than 120 percent of the area median income at a purchase
18 price that is no greater than the purchase price at which the
19 unit was originally marketed to a lower income qualified
20 class. This provision may not be applied to residential units
21 approved pursuant to subparagraph (b)7. or paragraph (i), and
22 shall expire on July 1, 2009.
23 l.k. Any other change which the state land planning
24 agency, in consultation with the regional planning council,
25 agrees in writing is similar in nature, impact, or character
26 to the changes enumerated in sub-subparagraphs a.-j. and which
27 does not create the likelihood of any additional regional
28 impact.
29
30 This subsection does not require the filing of a notice of
31 proposed change but shall require an application to the local
3
6:18 PM 05/01/07 h1375.37ca.0bb
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1375, 2nd Eng.
Barcode 584664
1 government to amend the development order in accordance with
2 the local government's procedures for amendment of a
3 development order. In accordance with the local government's
4 procedures, including requirements for notice to the applicant
5 and the public, the local government shall either deny the
6 application for amendment or adopt an amendment to the
7 development order which approves the application with or
8 without conditions. Following adoption, the local government
9 shall render to the state land planning agency the amendment
10 to the development order. The state land planning agency may
11 appeal, pursuant to s. 380.07(3), the amendment to the
12 development order if the amendment involves sub-subparagraph
13 g., sub-subparagraph h., sub-subparagraph j., or
14 sub-subparagraph k. , or sub-subparagraph l., and it believes
15 the change creates a reasonable likelihood of new or
16 additional regional impacts.
17 3. Except for the change authorized by
18 sub-subparagraph 2.f., any addition of land not previously
19 reviewed or any change not specified in paragraph (b) or
20 paragraph (c) shall be presumed to create a substantial
21 deviation. This presumption may be rebutted by clear and
22 convincing evidence.
23 4. Any submittal of a proposed change to a previously
24 approved development shall include a description of individual
25 changes previously made to the development, including changes
26 previously approved by the local government. The local
27 government shall consider the previous and current proposed
28 changes in deciding whether such changes cumulatively
29 constitute a substantial deviation requiring further
30 development-of-regional-impact review.
31 5. The following changes to an approved development of
4
6:18 PM 05/01/07 h1375.37ca.0bb
Florida Senate - 2007 SENATOR AMENDMENT
Bill No. CS/HB 1375, 2nd Eng.
Barcode 584664
1 regional impact shall be presumed to create a substantial
2 deviation. Such presumption may be rebutted by clear and
3 convincing evidence.
4 a. A change proposed for 15 percent or more of the
5 acreage to a land use not previously approved in the
6 development order. Changes of less than 15 percent shall be
7 presumed not to create a substantial deviation.
8 b. Notwithstanding any provision of paragraph (b) to
9 the contrary, a proposed change consisting of simultaneous
10 increases and decreases of at least two of the uses within an
11 authorized multiuse development of regional impact which was
12 originally approved with three or more uses specified in s.
13 380.0651(3)(c), (d), (e), and (f) and residential use.
14
15
16 ==== D I R E C T O R Y C L A U S E A M E N D M E N T ====
17 And the directory clause is amended as follows:
18 On page 15, lines 21-22, delete those lines
19
20 and insert:
21 Section 6. Paragraphs (c) and (e) of subsection (19)
22 of section 380.06, Florida Statutes, are amended to read:
23
24
25
26
27
28
29
30
31
5
6:18 PM 05/01/07 h1375.37ca.0bb