Florida Senate - 2008 SENATOR AMENDMENT
Bill No. CS for SB 1706
563830
Senate
Floor: WD/2R
4/23/2008 5:24 PM
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House
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Senator Margolis moved the following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Paragraph (c) of subsection (19) of section
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380.06, Florida Statutes, is amended, and paragraph (v) is added
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to subsection (24) of that section, to read:
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380.06 Developments of regional impact.--
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(19) SUBSTANTIAL DEVIATIONS.--
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(c) An extension of the date of buildout of a development,
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or any phase thereof, by more than 7 years is presumed to create
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a substantial deviation subject to further development-of-
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regional-impact review. An extension of the date of buildout, or
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any phase thereof, of more than 5 years but not more than 7 years
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is presumed not to create a substantial deviation. The extension
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of the date of buildout of an areawide development of regional
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impact by more than 5 years but less than 10 years is presumed
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not to create a substantial deviation. These presumptions may be
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rebutted by clear and convincing evidence at the public hearing
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held by the local government. An extension of 5 years or less is
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not a substantial deviation. For the purpose of calculating when
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a buildout or phase date has been exceeded, the time shall be
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tolled during the pendency of administrative or judicial
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proceedings relating to development permits. Any extension of the
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buildout date of a project or a phase thereof shall automatically
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extend the commencement date of the project, the termination date
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of the development order, the expiration date of the development
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of regional impact, and the phases thereof if applicable by a
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like period of time. In recognition of the 2007 real estate
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market conditions, all development order phase, buildout
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commencement, and expiration dates and all related local
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government approvals for projects that are developments of
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regional impact or Florida Quality Developments and under active
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construction on July 1, 2007, or for which a development order
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was adopted between January 1, 2006, and July 1, 2007, regardless
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of whether or not active construction has commenced, are extended
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for 3 years regardless of any prior extension. The 3-year
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extension is not a substantial deviation, is not subject to
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further development-of-regional-impact review, and may not be
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considered when determining whether a subsequent extension is a
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substantial deviation under this subsection. This extension also
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applies to all associated local government approvals, including,
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but not limited to, agreements, certificates, and permits related
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to the project.
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(24) STATUTORY EXEMPTIONS.--
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(v) Any development within a county having a population
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greater than 1.25 million which is proposed for at least two
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uses, one of which is for use as an office or laboratory
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appropriate for the research and development of medical
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technology, biotechnology, or life science applications, is
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exempt from this section if:
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1. The land is located in a designated urban infill area
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or within 5 miles of a state-supported biotechnical research
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facility or if a local government having jurisdiction
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recognizes, by resolution, that the land is located in a
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compact, high intensity, and high-density multiuse area that is
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appropriate for intensive growth;
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2. The land is located within three-fourths of 1 mile
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from one or more bus light rail transit stops; and
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3. The development is registered with the United States
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Green Building Council and there is an intent to apply for
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certification of each building under the Leadership in Energy
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and Environmental Design rating program, or the development is
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registered by an alternate green building rating system that a
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local government having jurisdiction finds appropriate, by
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resolution.
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If a use is exempt from review as a development of regional
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impact under paragraphs (a)-(u) (a)-(t), but will be part of a
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larger project that is subject to review as a development of
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regional impact, the impact of the exempt use must be included
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in the review of the larger project.
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Section 2. This act shall take effect July 1, 2008.
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================ T I T L E A M E N D M E N T ================
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And the title is amended as follows:
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Delete everything before the enacting clause
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and insert:
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A bill to be entitled
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An act relating to development of regional impact;
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amending s. 380.06, F.S.; revising criteria for extending
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application of certain deadline dates and approvals;
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exempting proposed developments involving medical
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technology, biotechnology, or life sciences which meet
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certain criteria from review as a development of regional
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impact; providing an effective date.
4/21/2008 5:40:00 PM 35-07947-08
CODING: Words stricken are deletions; words underlined are additions.