Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. SB 856 Barcode 365024 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/14/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Dockery) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 27 and 28 4 insert: 5 Section 2. Subsection (24) of section 380.06, Florida 6 Statutes, is amended to read: 7 380.06 Developments of regional impact.— 8 (24) STATUTORY EXEMPTIONS.— 9 (a) Any proposed hospital is exempt from the provisions of 10 this section. 11 (b) Any proposed electrical transmission line or electrical 12 power plant is exempt from the provisions of this section. 13 (c) Any proposed addition to an existing sports facility 14 complex is exempt from the provisions of this section if the 15 addition meets the following characteristics: 16 1. It would not operate concurrently with the scheduled 17 hours of operation of the existing facility. 18 2. Its seating capacity would be no more than 75 percent of 19 the capacity of the existing facility. 20 3. The sports facility complex property is owned by a 21 public body prior to July 1, 1983. 22 23 This exemption does not apply to any pari-mutuel facility. 24 (d) Any proposed addition or cumulative additions 25 subsequent to July 1, 1988, to an existing sports facility 26 complex owned by a state university is exempt if the increased 27 seating capacity of the complex is no more than 30 percent of 28 the capacity of the existing facility. 29 (e) Any addition of permanent seats or parking spaces for 30 an existing sports facility located on property owned by a 31 public body prior to July 1, 1973, is exempt from the provisions 32 of this section if future additions do not expand existing 33 permanent seating or parking capacity more than 15 percent 34 annually in excess of the prior year’s capacity. 35 (f) Any increase in the seating capacity of an existing 36 sports facility having a permanent seating capacity of at least 37 50,000 spectators is exempt from the provisions of this section, 38 provided that such an increase does not increase permanent 39 seating capacity by more than 5 percent per year and not to 40 exceed a total of 10 percent in any 5-year period, and provided 41 that the sports facility notifies the appropriate local 42 government within which the facility is located of the increase 43 at least 6 months prior to the initial use of the increased 44 seating, in order to permit the appropriate local government to 45 develop a traffic management plan for the traffic generated by 46 the increase. Any traffic management plan shall be consistent 47 with the local comprehensive plan, the regional policy plan, and 48 the state comprehensive plan. 49 (g) Any expansion in the permanent seating capacity or 50 additional improved parking facilities of an existing sports 51 facility is exempt from the provisions of this section, if the 52 following conditions exist: 53 1.a. The sports facility had a permanent seating capacity 54 on January 1, 1991, of at least 41,000 spectator seats; 55 b. The sum of such expansions in permanent seating capacity 56 does not exceed a total of 10 percent in any 5-year period and 57 does not exceed a cumulative total of 20 percent for any such 58 expansions; or 59 c. The increase in additional improved parking facilities 60 is a one-time addition and does not exceed 3,500 parking spaces 61 serving the sports facility; and 62 2. The local government having jurisdiction of the sports 63 facility includes in the development order or development permit 64 approving such expansion under this paragraph a finding of fact 65 that the proposed expansion is consistent with the 66 transportation, water, sewer and stormwater drainage provisions 67 of the approved local comprehensive plan and local land 68 development regulations relating to those provisions. 69 70 Any owner or developer who intends to rely on this statutory 71 exemption shall provide to the department a copy of the local 72 government application for a development permit. Within 45 days 73 of receipt of the application, the department shall render to 74 the local government an advisory and nonbinding opinion, in 75 writing, stating whether, in the department’s opinion, the 76 prescribed conditions exist for an exemption under this 77 paragraph. The local government shall render the development 78 order approving each such expansion to the department. The 79 owner, developer, or department may appeal the local government 80 development order pursuant to s. 380.07, within 45 days after 81 the order is rendered. The scope of review shall be limited to 82 the determination of whether the conditions prescribed in this 83 paragraph exist. If any sports facility expansion undergoes 84 development-of-regional-impact review, all previous expansions 85 which were exempt under this paragraph shall be included in the 86 development-of-regional-impact review. 87 (h) Expansion to port harbors, spoil disposal sites, 88 navigation channels, turning basins, harbor berths, and other 89 related inwater harbor facilities of ports listed in s. 90 403.021(9)(b), port transportation facilities and projects 91 listed in s. 311.07(3)(b), and intermodal transportation 92 facilities identified pursuant to s. 311.09(3) are exempt from 93 the provisions of this section when such expansions, projects, 94 or facilities are consistent with comprehensive master plans 95 that are in compliance with the provisions of s. 163.3178. 96 (i) Any proposed facility for the storage of any petroleum 97 product or any expansion of an existing facility is exempt from 98 the provisions of this section. 99 (j) Any renovation or redevelopment within the same land 100 parcel which does not change land use or increase density or 101 intensity of use. 102 (k) Waterport and marina development, including dry storage 103 facilities, are exempt from the provisions of this section. 104 (l) Any proposed development within an urban service 105 boundary established under s. 163.3177(14) is exempt from the 106 provisions of this section if the local government having 107 jurisdiction over the area where the development is proposed has 108 adopted the urban service boundary, has entered into a binding 109 agreement with jurisdictions that would be impacted and with the 110 Department of Transportation regarding the mitigation of impacts 111 on state and regional transportation facilities, and has adopted 112 a proportionate share methodology pursuant to s. 163.3180(16). 113 (m) Any proposed development within a rural land 114 stewardship area created under s. 163.3177(11)(d) is exempt from 115 the provisions of this section if the local government that has 116 adopted the rural land stewardship area has entered into a 117 binding agreement with jurisdictions that would be impacted and 118 the Department of Transportation regarding the mitigation of 119 impacts on state and regional transportation facilities, and has 120 adopted a proportionate share methodology pursuant to s. 121 163.3180(16). 122 (n) Any proposed development or redevelopment within an 123 area designated as an urban infill and redevelopment area under 124 s. 163.2517 is exempt from this section if the local government 125 has entered into a binding agreement with jurisdictions that 126 would be impacted and the Department of Transportation regarding 127 the mitigation of impacts on state and regional transportation 128 facilities, and has adopted a proportionate share methodology 129 pursuant to s. 163.3180(16). 130 (o) The establishment, relocation, or expansion of any 131 military installation as defined in s. 163.3175, is exempt from 132 this section. 133 (p) Any self-storage warehousing that does not allow retail 134 or other services is exempt from this section. 135 (q) Any proposed nursing home or assisted living facility 136 is exempt from this section. 137 (r) Any development identified in an airport master plan 138 and adopted into the comprehensive plan pursuant to s. 139 163.3177(6)(k) is exempt from this section. 140 (s) Any development identified in a campus master plan and 141 adopted pursuant to s. 1013.30 is exempt from this section. 142 (t) Any development in a specific area plan which is 143 prepared pursuant to s. 163.3245 and adopted into the 144 comprehensive plan is exempt from this section. 145 (u) Any development within a county with a research and 146 education authority created by special act and that is also 147 within a research and development park that is operated or 148 managed by a research and development authority pursuant to part 149 V of chapter 159 is exempt from this section. 150 151 If a use is exempt from review as a development of regional 152 impact under paragraphs (a)-(t), but will be part of a larger 153 project that is subject to review as a development of regional 154 impact, the impact of the exempt use must be included in the 155 review of the larger project, unless such exempt use involves a 156 development of regional impact in which the landowner, tenant, 157 or user has entered into an funding agreement with the Office of 158 Tourism, Trade, and Economic Development under the Innovation 159 Incentive Program and the agreement contemplates a state award 160 of at least $50 million. 161 162 ================= T I T L E A M E N D M E N T ================ 163 And the title is amended as follows: 164 Delete lines 2 - 6 165 and insert: 166 An act relating to developments of regional impact; 167 amending s. 163.3178, F.S.; including certain port 168 related industrial or commercial project facilities 169 within the list of facilities that are not 170 developments of regional impact under certain 171 circumstances; amending s. 380.06, F.S.; providing 172 that certain exempt uses that are part of a larger 173 project that is subject to development-of-regional 174 impact review are exempt from such review under 175 certain circumstances; providing