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A bill to be entitled

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An act relating to developments 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 for

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developments of regional impact; providing an additional

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statutory exemption for certain developments in certain

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counties; providing requirements and limitations;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (c) of subsection (19) and subsection

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(24) of section 380.06, Florida Statutes, are amended 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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     (a)  Any proposed hospital is exempt from the provisions of

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this section.

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     (b)  Any proposed electrical transmission line or electrical

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power plant is exempt from the provisions of this section.

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     (c)  Any proposed addition to an existing sports facility

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complex is exempt from the provisions of this section if the

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addition meets the following characteristics:

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     1.  It would not operate concurrently with the scheduled

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hours of operation of the existing facility.

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     2.  Its seating capacity would be no more than 75 percent of

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the capacity of the existing facility.

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     3.  The sports facility complex property is owned by a

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public body prior to July 1, 1983.

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This exemption does not apply to any pari-mutuel facility.

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     (d)  Any proposed addition or cumulative additions

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subsequent to July 1, 1988, to an existing sports facility

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complex owned by a state university is exempt if the increased

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seating capacity of the complex is no more than 30 percent of the

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capacity of the existing facility.

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     (e)  Any addition of permanent seats or parking spaces for

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an existing sports facility located on property owned by a public

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body prior to July 1, 1973, is exempt from the provisions of this

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section if future additions do not expand existing permanent

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seating or parking capacity more than 15 percent annually in

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excess of the prior year's capacity.

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     (f)  Any increase in the seating capacity of an existing

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sports facility having a permanent seating capacity of at least

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50,000 spectators is exempt from the provisions of this section,

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provided that such an increase does not increase permanent

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seating capacity by more than 5 percent per year and not to

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exceed a total of 10 percent in any 5-year period, and provided

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that the sports facility notifies the appropriate local

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government within which the facility is located of the increase

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at least 6 months prior to the initial use of the increased

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seating, in order to permit the appropriate local government to

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develop a traffic management plan for the traffic generated by

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the increase. Any traffic management plan shall be consistent

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with the local comprehensive plan, the regional policy plan, and

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the state comprehensive plan.

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     (g)  Any expansion in the permanent seating capacity or

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additional improved parking facilities of an existing sports

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facility is exempt from the provisions of this section, if the

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following conditions exist:

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     1.a.  The sports facility had a permanent seating capacity

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on January 1, 1991, of at least 41,000 spectator seats;

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     b.  The sum of such expansions in permanent seating capacity

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does not exceed a total of 10 percent in any 5-year period and

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does not exceed a cumulative total of 20 percent for any such

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expansions; or

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     c.  The increase in additional improved parking facilities

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is a one-time addition and does not exceed 3,500 parking spaces

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serving the sports facility; and

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     2.  The local government having jurisdiction of the sports

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facility includes in the development order or development permit

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approving such expansion under this paragraph a finding of fact

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that the proposed expansion is consistent with the

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transportation, water, sewer and stormwater drainage provisions

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of the approved local comprehensive plan and local land

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development regulations relating to those provisions.

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Any owner or developer who intends to rely on this statutory

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exemption shall provide to the department a copy of the local

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government application for a development permit. Within 45 days

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of receipt of the application, the department shall render to the

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local government an advisory and nonbinding opinion, in writing,

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stating whether, in the department's opinion, the prescribed

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conditions exist for an exemption under this paragraph. The local

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government shall render the development order approving each such

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expansion to the department. The owner, developer, or department

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may appeal the local government development order pursuant to s.

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380.07, within 45 days after the order is rendered. The scope of

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review shall be limited to the determination of whether the

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conditions prescribed in this paragraph exist. If any sports

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facility expansion undergoes development-of-regional-impact

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review, all previous expansions which were exempt under this

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paragraph shall be included in the development-of-regional-impact

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review.

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     (h)  Expansion to port harbors, spoil disposal sites,

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navigation channels, turning basins, harbor berths, and other

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related inwater harbor facilities of ports listed in s.

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403.021(9)(b), port transportation facilities and projects listed

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in s. 311.07(3)(b), and intermodal transportation facilities

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identified pursuant to s. 311.09(3) are exempt from the

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provisions of this section when such expansions, projects, or

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facilities are consistent with comprehensive master plans that

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are in compliance with the provisions of s. 163.3178.

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     (i)  Any proposed facility for the storage of any petroleum

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product or any expansion of an existing facility is exempt from

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the provisions of this section.

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     (j)  Any renovation or redevelopment within the same land

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parcel which does not change land use or increase density or

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intensity of use.

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     (k)  Waterport and marina development, including dry storage

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facilities, are exempt from the provisions of this section.

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     (l)  Any proposed development within an urban service

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boundary established under s. 163.3177(14) is exempt from the

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provisions of this section if the local government having

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jurisdiction over the area where the development is proposed has

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adopted the urban service boundary, has entered into a binding

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agreement with jurisdictions that would be impacted and with the

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Department of Transportation regarding the mitigation of impacts

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on state and regional transportation facilities, and has adopted

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a proportionate share methodology pursuant to s. 163.3180(16).

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     (m)  Any proposed development within a rural land

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stewardship area created under s. 163.3177(11)(d) is exempt from

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the provisions of this section if the local government that has

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adopted the rural land stewardship area has entered into a

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binding agreement with jurisdictions that would be impacted and

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the Department of Transportation regarding the mitigation of

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impacts on state and regional transportation facilities, and has

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adopted a proportionate share methodology pursuant to s.

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163.3180(16).

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     (n)  Any proposed development or redevelopment within an

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area designated as an urban infill and redevelopment area under

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s. 163.2517 is exempt from this section if the local government

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has entered into a binding agreement with jurisdictions that

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would be impacted and the Department of Transportation regarding

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the mitigation of impacts on state and regional transportation

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facilities, and has adopted a proportionate share methodology

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pursuant to s. 163.3180(16).

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     (o)  The establishment, relocation, or expansion of any

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military installation as defined in s. 163.3175, is exempt from

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this section.

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     (p)  Any self-storage warehousing that does not allow retail

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or other services is exempt from this section.

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     (q)  Any proposed nursing home or assisted living facility

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is exempt from this section.

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     (r)  Any development identified in an airport master plan

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and adopted into the comprehensive plan pursuant to s.

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163.3177(6)(k) is exempt from this section.

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     (s)  Any development identified in a campus master plan and

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adopted pursuant to s. 1013.30 is exempt from this section.

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     (t)  Any development in a specific area plan which is

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prepared pursuant to s. 163.3245 and adopted into the

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comprehensive plan is exempt from this section.

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     (u) 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 or

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within 5 miles of a state-supported biotechnical research

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facility or if a local government having jurisdiction recognizes,

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by resolution, that the land is located in a compact, high-

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intensity, and high-density multiuse area that is appropriate for

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intensive growth.

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     2. The land is located within three-fourths of 1 mile from

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one or more bus or light rail transit stops.

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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 and

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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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     (v)(u) Any development within a county with a research and

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education authority created by special act and that is also

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within a research and development park that is operated or

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managed by a research and development authority pursuant to part

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V of chapter 159 is exempt from this section.

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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 in

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the review of the larger project.

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     Section 2.  This act shall take effect July 1, 2008.