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);andintermodal 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.