| 1 | A bill to be entitled |
| 2 | An act relating to developments of regional impact; |
| 3 | amending s. 380.06, F.S.; exempting proposed developments |
| 4 | involving medical technology, biotechnology, or life |
| 5 | sciences which meet certain criteria from review as a |
| 6 | development of regional impact; providing an effective |
| 7 | date. |
| 8 |
|
| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
|
| 11 | Section 1. Subsection (24) of section 380.06, Florida |
| 12 | Statutes, is amended to read: |
| 13 | 380.06 Developments of regional impact.-- |
| 14 | (24) STATUTORY EXEMPTIONS.-- |
| 15 | (a) Any proposed hospital is exempt from the provisions of |
| 16 | this section. |
| 17 | (b) Any proposed electrical transmission line or |
| 18 | electrical power plant is exempt from the provisions of this |
| 19 | section. |
| 20 | (c) Any proposed addition to an existing sports facility |
| 21 | complex is exempt from the provisions of this section if the |
| 22 | addition meets the following characteristics: |
| 23 | 1. It would not operate concurrently with the scheduled |
| 24 | hours of operation of the existing facility. |
| 25 | 2. Its seating capacity would be no more than 75 percent |
| 26 | of the capacity of the existing facility. |
| 27 | 3. The sports facility complex property is owned by a |
| 28 | public body prior to July 1, 1983. |
| 29 |
|
| 30 | This exemption does not apply to any pari-mutuel facility. |
| 31 | (d) Any proposed addition or cumulative additions |
| 32 | subsequent to July 1, 1988, to an existing sports facility |
| 33 | complex owned by a state university is exempt if the increased |
| 34 | seating capacity of the complex is no more than 30 percent of |
| 35 | the capacity of the existing facility. |
| 36 | (e) Any addition of permanent seats or parking spaces for |
| 37 | an existing sports facility located on property owned by a |
| 38 | public body prior to July 1, 1973, is exempt from the provisions |
| 39 | of this section if future additions do not expand existing |
| 40 | permanent seating or parking capacity more than 15 percent |
| 41 | annually in excess of the prior year's capacity. |
| 42 | (f) Any increase in the seating capacity of an existing |
| 43 | sports facility having a permanent seating capacity of at least |
| 44 | 50,000 spectators is exempt from the provisions of this section, |
| 45 | provided that such an increase does not increase permanent |
| 46 | seating capacity by more than 5 percent per year and not to |
| 47 | exceed a total of 10 percent in any 5-year period, and provided |
| 48 | that the sports facility notifies the appropriate local |
| 49 | government within which the facility is located of the increase |
| 50 | at least 6 months prior to the initial use of the increased |
| 51 | seating, in order to permit the appropriate local government to |
| 52 | develop a traffic management plan for the traffic generated by |
| 53 | the increase. Any traffic management plan shall be consistent |
| 54 | with the local comprehensive plan, the regional policy plan, and |
| 55 | the state comprehensive plan. |
| 56 | (g) Any expansion in the permanent seating capacity or |
| 57 | additional improved parking facilities of an existing sports |
| 58 | facility is exempt from the provisions of this section, if the |
| 59 | following conditions exist: |
| 60 | 1.a. The sports facility had a permanent seating capacity |
| 61 | on January 1, 1991, of at least 41,000 spectator seats; |
| 62 | b. The sum of such expansions in permanent seating |
| 63 | capacity does not exceed a total of 10 percent in any 5-year |
| 64 | period and does not exceed a cumulative total of 20 percent for |
| 65 | any such expansions; or |
| 66 | c. The increase in additional improved parking facilities |
| 67 | is a one-time addition and does not exceed 3,500 parking spaces |
| 68 | serving the sports facility; and |
| 69 | 2. The local government having jurisdiction of the sports |
| 70 | facility includes in the development order or development permit |
| 71 | approving such expansion under this paragraph a finding of fact |
| 72 | that the proposed expansion is consistent with the |
| 73 | transportation, water, sewer and stormwater drainage provisions |
| 74 | of the approved local comprehensive plan and local land |
| 75 | development regulations relating to those provisions. |
| 76 |
|
| 77 | Any owner or developer who intends to rely on this statutory |
| 78 | exemption shall provide to the department a copy of the local |
| 79 | government application for a development permit. Within 45 days |
| 80 | of receipt of the application, the department shall render to |
| 81 | the local government an advisory and nonbinding opinion, in |
| 82 | writing, stating whether, in the department's opinion, the |
| 83 | prescribed conditions exist for an exemption under this |
| 84 | paragraph. The local government shall render the development |
| 85 | order approving each such expansion to the department. The |
| 86 | owner, developer, or department may appeal the local government |
| 87 | development order pursuant to s. 380.07, within 45 days after |
| 88 | the order is rendered. The scope of review shall be limited to |
| 89 | the determination of whether the conditions prescribed in this |
| 90 | paragraph exist. If any sports facility expansion undergoes |
| 91 | development-of-regional-impact review, all previous expansions |
| 92 | which were exempt under this paragraph shall be included in the |
| 93 | development-of-regional-impact review. |
| 94 | (h) Expansion to port harbors, spoil disposal sites, |
| 95 | navigation channels, turning basins, harbor berths, and other |
| 96 | related inwater harbor facilities of ports listed in s. |
| 97 | 403.021(9)(b), port transportation facilities and projects |
| 98 | listed in s. 311.07(3)(b), and intermodal transportation |
| 99 | facilities identified pursuant to s. 311.09(3) are exempt from |
| 100 | the provisions of this section when such expansions, projects, |
| 101 | or facilities are consistent with comprehensive master plans |
| 102 | that are in compliance with the provisions of s. 163.3178. |
| 103 | (i) Any proposed facility for the storage of any petroleum |
| 104 | product or any expansion of an existing facility is exempt from |
| 105 | the provisions of this section. |
| 106 | (j) Any renovation or redevelopment within the same land |
| 107 | parcel which does not change land use or increase density or |
| 108 | intensity of use. |
| 109 | (k) Waterport and marina development, including dry |
| 110 | storage facilities, are exempt from the provisions of this |
| 111 | section. |
| 112 | (l) Any proposed development within an urban service |
| 113 | boundary established under s. 163.3177(14) is exempt from the |
| 114 | provisions of this section if the local government having |
| 115 | jurisdiction over the area where the development is proposed has |
| 116 | adopted the urban service boundary, has entered into a binding |
| 117 | agreement with jurisdictions that would be impacted and with the |
| 118 | Department of Transportation regarding the mitigation of impacts |
| 119 | on state and regional transportation facilities, and has adopted |
| 120 | a proportionate share methodology pursuant to s. 163.3180(16). |
| 121 | (m) Any proposed development within a rural land |
| 122 | stewardship area created under s. 163.3177(11)(d) is exempt from |
| 123 | the provisions of this section if the local government that has |
| 124 | adopted the rural land stewardship area has entered into a |
| 125 | binding agreement with jurisdictions that would be impacted and |
| 126 | the Department of Transportation regarding the mitigation of |
| 127 | impacts on state and regional transportation facilities, and has |
| 128 | adopted a proportionate share methodology pursuant to s. |
| 129 | 163.3180(16). |
| 130 | (n) Any proposed development or redevelopment within an |
| 131 | area designated as an urban infill and redevelopment area under |
| 132 | s. 163.2517 is exempt from this section if the local government |
| 133 | has entered into a binding agreement with jurisdictions that |
| 134 | would be impacted and the Department of Transportation regarding |
| 135 | the mitigation of impacts on state and regional transportation |
| 136 | facilities, and has adopted a proportionate share methodology |
| 137 | pursuant to s. 163.3180(16). |
| 138 | (o) The establishment, relocation, or expansion of any |
| 139 | military installation as defined in s. 163.3175, is exempt from |
| 140 | this section. |
| 141 | (p) Any self-storage warehousing that does not allow |
| 142 | retail or other services is exempt from this section. |
| 143 | (q) Any proposed nursing home or assisted living facility |
| 144 | is exempt from this section. |
| 145 | (r) Any development identified in an airport master plan |
| 146 | and adopted into the comprehensive plan pursuant to s. |
| 147 | 163.3177(6)(k) is exempt from this section. |
| 148 | (s) Any development identified in a campus master plan and |
| 149 | adopted pursuant to s. 1013.30 is exempt from this section. |
| 150 | (t) Any development in a specific area plan which is |
| 151 | prepared pursuant to s. 163.3245 and adopted into the |
| 152 | comprehensive plan is exempt from this section. |
| 153 | (u) Any development within a county having a population |
| 154 | greater than 1.5 million which is proposed for at least two |
| 155 | uses, one of which is for use as an office or laboratory |
| 156 | appropriate for the research and development of medical |
| 157 | technology, biotechnology, or life science applications, is |
| 158 | exempt from this section if: |
| 159 | 1. The land is located in a designated urban infill area |
| 160 | or if a local government having jurisdiction recognizes, by |
| 161 | resolution, that the land is located in a compact, high- |
| 162 | intensity, and high-density multiuse area that is appropriate |
| 163 | for intensive growth; |
| 164 | 2. The land is located within three-fourths of 1 mile from |
| 165 | one or more bus or light rail transit stops; and |
| 166 | 3. The development is registered with the United States |
| 167 | Green Building Council and there is an intent to apply for |
| 168 | certification of each building under the Leadership in Energy |
| 169 | and Environmental Design rating program, or the development is |
| 170 | registered by an alternate green building rating system that a |
| 171 | local government having jurisdiction finds appropriate, by |
| 172 | resolution. |
| 173 | (v)(u) Any development within a county with a research and |
| 174 | education authority created by special act and that is also |
| 175 | within a research and development park that is operated or |
| 176 | managed by a research and development authority pursuant to part |
| 177 | V of chapter 159 is exempt from this section. |
| 178 |
|
| 179 | If a use is exempt from review as a development of regional |
| 180 | impact under paragraphs (a)-(u) (a)-(t), but will be part of a |
| 181 | larger project that is subject to review as a development of |
| 182 | regional impact, the impact of the exempt use must be included |
| 183 | in the review of the larger project. |
| 184 | Section 2. This act shall take effect July 1, 2008. |