Florida Senate - 2009 CS for SB 856
By the Committee on Transportation; and Senator Bennett
596-04982-09 2009856c1
1 A bill to be entitled
2 An act relating to developments of regional impact;
3 amending s. 163.3178, F.S.; including certain port
4 related industrial or commercial project facilities
5 within the list of facilities that are not
6 developments of regional impact under certain
7 circumstances; amending s. 380.06, F.S.; providing
8 that certain exempt uses that are part of a larger
9 project that is subject to development-of-regional
10 impact review are exempt from such review under
11 certain circumstances; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (3) of section 163.3178, Florida
16 Statutes, is amended to read:
17 163.3178 Coastal management.—
18 (3) Expansions to port harbors, spoil disposal sites,
19 navigation channels, turning basins, harbor berths, and other
20 related inwater harbor facilities of ports listed in s.
21 403.021(9); port transportation facilities and projects listed
22 in s. 311.07(3)(b); and intermodal transportation facilities
23 identified pursuant to s. 311.09(3); and facilities determined
24 by the Department of Community Affairs and the applicable
25 general-purpose government to be port-related industrial or
26 commercial projects that are located within or within 3 miles of
27 a port master plan area and that rely upon the use of port and
28 intermodal transportation facilities shall not be developments
29 of regional impact where such expansions, projects, or
30 facilities are consistent with comprehensive master plans that
31 are in compliance with this section.
32 Section 2. Subsection (24) of section 380.06, Florida
33 Statutes, is amended to read:
34 380.06 Developments of regional impact.—
35 (24) STATUTORY EXEMPTIONS.—
36 (a) Any proposed hospital is exempt from the provisions of
37 this section.
38 (b) Any proposed electrical transmission line or electrical
39 power plant is exempt from the provisions of this section.
40 (c) Any proposed addition to an existing sports facility
41 complex is exempt from the provisions of this section if the
42 addition meets the following characteristics:
43 1. It would not operate concurrently with the scheduled
44 hours of operation of the existing facility.
45 2. Its seating capacity would be no more than 75 percent of
46 the capacity of the existing facility.
47 3. The sports facility complex property is owned by a
48 public body prior to July 1, 1983.
49
50 This exemption does not apply to any pari-mutuel facility.
51 (d) Any proposed addition or cumulative additions
52 subsequent to July 1, 1988, to an existing sports facility
53 complex owned by a state university is exempt if the increased
54 seating capacity of the complex is no more than 30 percent of
55 the capacity of the existing facility.
56 (e) Any addition of permanent seats or parking spaces for
57 an existing sports facility located on property owned by a
58 public body prior to July 1, 1973, is exempt from the provisions
59 of this section if future additions do not expand existing
60 permanent seating or parking capacity more than 15 percent
61 annually in excess of the prior year’s capacity.
62 (f) Any increase in the seating capacity of an existing
63 sports facility having a permanent seating capacity of at least
64 50,000 spectators is exempt from the provisions of this section,
65 provided that such an increase does not increase permanent
66 seating capacity by more than 5 percent per year and not to
67 exceed a total of 10 percent in any 5-year period, and provided
68 that the sports facility notifies the appropriate local
69 government within which the facility is located of the increase
70 at least 6 months prior to the initial use of the increased
71 seating, in order to permit the appropriate local government to
72 develop a traffic management plan for the traffic generated by
73 the increase. Any traffic management plan shall be consistent
74 with the local comprehensive plan, the regional policy plan, and
75 the state comprehensive plan.
76 (g) Any expansion in the permanent seating capacity or
77 additional improved parking facilities of an existing sports
78 facility is exempt from the provisions of this section, if the
79 following conditions exist:
80 1.a. The sports facility had a permanent seating capacity
81 on January 1, 1991, of at least 41,000 spectator seats;
82 b. The sum of such expansions in permanent seating capacity
83 does not exceed a total of 10 percent in any 5-year period and
84 does not exceed a cumulative total of 20 percent for any such
85 expansions; or
86 c. The increase in additional improved parking facilities
87 is a one-time addition and does not exceed 3,500 parking spaces
88 serving the sports facility; and
89 2. The local government having jurisdiction of the sports
90 facility includes in the development order or development permit
91 approving such expansion under this paragraph a finding of fact
92 that the proposed expansion is consistent with the
93 transportation, water, sewer and stormwater drainage provisions
94 of the approved local comprehensive plan and local land
95 development regulations relating to those provisions.
96
97 Any owner or developer who intends to rely on this statutory
98 exemption shall provide to the department a copy of the local
99 government application for a development permit. Within 45 days
100 of receipt of the application, the department shall render to
101 the local government an advisory and nonbinding opinion, in
102 writing, stating whether, in the department’s opinion, the
103 prescribed conditions exist for an exemption under this
104 paragraph. The local government shall render the development
105 order approving each such expansion to the department. The
106 owner, developer, or department may appeal the local government
107 development order pursuant to s. 380.07, within 45 days after
108 the order is rendered. The scope of review shall be limited to
109 the determination of whether the conditions prescribed in this
110 paragraph exist. If any sports facility expansion undergoes
111 development-of-regional-impact review, all previous expansions
112 which were exempt under this paragraph shall be included in the
113 development-of-regional-impact review.
114 (h) Expansion to port harbors, spoil disposal sites,
115 navigation channels, turning basins, harbor berths, and other
116 related inwater harbor facilities of ports listed in s.
117 403.021(9)(b), port transportation facilities and projects
118 listed in s. 311.07(3)(b), and intermodal transportation
119 facilities identified pursuant to s. 311.09(3) are exempt from
120 the provisions of this section when such expansions, projects,
121 or facilities are consistent with comprehensive master plans
122 that are in compliance with the provisions of s. 163.3178.
123 (i) Any proposed facility for the storage of any petroleum
124 product or any expansion of an existing facility is exempt from
125 the provisions of this section.
126 (j) Any renovation or redevelopment within the same land
127 parcel which does not change land use or increase density or
128 intensity of use.
129 (k) Waterport and marina development, including dry storage
130 facilities, are exempt from the provisions of this section.
131 (l) Any proposed development within an urban service
132 boundary established under s. 163.3177(14) is exempt from the
133 provisions of this section if the local government having
134 jurisdiction over the area where the development is proposed has
135 adopted the urban service boundary, has entered into a binding
136 agreement with jurisdictions that would be impacted and with the
137 Department of Transportation regarding the mitigation of impacts
138 on state and regional transportation facilities, and has adopted
139 a proportionate share methodology pursuant to s. 163.3180(16).
140 (m) Any proposed development within a rural land
141 stewardship area created under s. 163.3177(11)(d) is exempt from
142 the provisions of this section if the local government that has
143 adopted the rural land stewardship area has entered into a
144 binding agreement with jurisdictions that would be impacted and
145 the Department of Transportation regarding the mitigation of
146 impacts on state and regional transportation facilities, and has
147 adopted a proportionate share methodology pursuant to s.
148 163.3180(16).
149 (n) Any proposed development or redevelopment within an
150 area designated as an urban infill and redevelopment area under
151 s. 163.2517 is exempt from this section if the local government
152 has entered into a binding agreement with jurisdictions that
153 would be impacted and the Department of Transportation regarding
154 the mitigation of impacts on state and regional transportation
155 facilities, and has adopted a proportionate share methodology
156 pursuant to s. 163.3180(16).
157 (o) The establishment, relocation, or expansion of any
158 military installation as defined in s. 163.3175, is exempt from
159 this section.
160 (p) Any self-storage warehousing that does not allow retail
161 or other services is exempt from this section.
162 (q) Any proposed nursing home or assisted living facility
163 is exempt from this section.
164 (r) Any development identified in an airport master plan
165 and adopted into the comprehensive plan pursuant to s.
166 163.3177(6)(k) is exempt from this section.
167 (s) Any development identified in a campus master plan and
168 adopted pursuant to s. 1013.30 is exempt from this section.
169 (t) Any development in a specific area plan which is
170 prepared pursuant to s. 163.3245 and adopted into the
171 comprehensive plan is exempt from this section.
172 (u) Any development within a county with a research and
173 education authority created by special act and that is also
174 within a research and development park that is operated or
175 managed by a research and development authority pursuant to part
176 V of chapter 159 is exempt from this section.
177
178 If a use is exempt from review as a development of regional
179 impact under paragraphs (a)-(t), but will be part of a larger
180 project that is subject to review as a development of regional
181 impact, the impact of the exempt use must be included in the
182 review of the larger project, unless such exempt use involves a
183 development of regional impact in which the landowner, tenant,
184 or user has entered into an funding agreement with the Office of
185 Tourism, Trade, and Economic Development under the Innovation
186 Incentive Program and the agreement contemplates a state award
187 of at least $50 million.
188 Section 3. This act shall take effect July 1, 2009.