HB 7065

1
A reviser's bill to be entitled
2An act relating to the Florida Statutes; repealing ss.
3110.1099(1)(b), 112.061(16), 212.031(10), 215.559(8),
4220.183(1)(h), 253.01(3), 253.034(13), 287.057(14)(b),
5373.1961(5) and (6), 373.472(1)(b), 375.041(3)(b),
6379.201(3), 379.204(3), 379.206(3), 403.7095(8),
7403.890(3), 408.036(1)(g), 624.5105(6), 733.702(5), and
8985.0395, F.S.; and amending ss. 212.031(1)(a),
9212.08(5)(p), and 380.06(19)(e); to delete provisions
10which have become inoperative by noncurrent repeal or
11expiration and, pursuant to s. 11.242(5)(b) and (i), may
12be omitted from the 2010 Florida Statutes only through a
13reviser's bill duly enacted by the Legislature; providing
14an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Paragraph (b) of subsection (1) of section
19110.1099, Florida Statutes, is repealed.
20Reviser's note.-The cited paragraph, which relates to
21state employees not being authorized to receive
22fundable tuition waivers on a space-available basis
23during the 2001-2002 fiscal year only, expired
24pursuant to its own terms, effective July 1, 2002.
25     Section 2.  Subsection (16) of section 112.061, Florida
26Statutes, is repealed.
27Reviser's note.-The cited subsection, which relates to
28travel reimbursement for Supreme Court justices,
29expired pursuant to its own terms, effective July 1,
302009.
31     Section 3.  Subsection (10) of section 212.031, Florida
32Statutes, is repealed, and paragraph (a) of subsection (1) of
33that section is amended to read:
34     212.031  Tax on rental or license fee for use of real
35property.-
36     (1)(a)  It is declared to be the legislative intent that
37every person is exercising a taxable privilege who engages in
38the business of renting, leasing, letting, or granting a license
39for the use of any real property unless such property is:
40     1.  Assessed as agricultural property under s. 193.461.
41     2.  Used exclusively as dwelling units.
42     3.  Property subject to tax on parking, docking, or storage
43spaces under s. 212.03(6).
44     4.  Recreational property or the common elements of a
45condominium when subject to a lease between the developer or
46owner thereof and the condominium association in its own right
47or as agent for the owners of individual condominium units or
48the owners of individual condominium units. However, only the
49lease payments on such property shall be exempt from the tax
50imposed by this chapter, and any other use made by the owner or
51the condominium association shall be fully taxable under this
52chapter.
53     5.  A public or private street or right-of-way and poles,
54conduits, fixtures, and similar improvements located on such
55streets or rights-of-way, occupied or used by a utility or
56provider of communications services, as defined by s. 202.11,
57for utility or communications or television purposes. For
58purposes of this subparagraph, the term "utility" means any
59person providing utility services as defined in s. 203.012. This
60exception also applies to property, wherever located, on which
61the following are placed: towers, antennas, cables, accessory
62structures, or equipment, not including switching equipment,
63used in the provision of mobile communications services as
64defined in s. 202.11. For purposes of this chapter, towers used
65in the provision of mobile communications services, as defined
66in s. 202.11, are considered to be fixtures.
67     6.  A public street or road which is used for
68transportation purposes.
69     7.  Property used at an airport exclusively for the purpose
70of aircraft landing or aircraft taxiing or property used by an
71airline for the purpose of loading or unloading passengers or
72property onto or from aircraft or for fueling aircraft.
73     8.a.  Property used at a port authority, as defined in s.
74315.02(2), exclusively for the purpose of oceangoing vessels or
75tugs docking, or such vessels mooring on property used by a port
76authority for the purpose of loading or unloading passengers or
77cargo onto or from such a vessel, or property used at a port
78authority for fueling such vessels, or to the extent that the
79amount paid for the use of any property at the port is based on
80the charge for the amount of tonnage actually imported or
81exported through the port by a tenant.
82     b.  The amount charged for the use of any property at the
83port in excess of the amount charged for tonnage actually
84imported or exported shall remain subject to tax except as
85provided in sub-subparagraph a.
86     9.  Property used as an integral part of the performance of
87qualified production services. As used in this subparagraph, the
88term "qualified production services" means any activity or
89service performed directly in connection with the production of
90a qualified motion picture, as defined in s. 212.06(1)(b), and
91includes:
92     a.  Photography, sound and recording, casting, location
93managing and scouting, shooting, creation of special and optical
94effects, animation, adaptation (language, media, electronic, or
95otherwise), technological modifications, computer graphics, set
96and stage support (such as electricians, lighting designers and
97operators, greensmen, prop managers and assistants, and grips),
98wardrobe (design, preparation, and management), hair and makeup
99(design, production, and application), performing (such as
100acting, dancing, and playing), designing and executing stunts,
101coaching, consulting, writing, scoring, composing,
102choreographing, script supervising, directing, producing,
103transmitting dailies, dubbing, mixing, editing, cutting,
104looping, printing, processing, duplicating, storing, and
105distributing;
106     b.  The design, planning, engineering, construction,
107alteration, repair, and maintenance of real or personal property
108including stages, sets, props, models, paintings, and facilities
109principally required for the performance of those services
110listed in sub-subparagraph a.; and
111     c.  Property management services directly related to
112property used in connection with the services described in sub-
113subparagraphs a. and b.
114
115This exemption will inure to the taxpayer upon presentation of
116the certificate of exemption issued to the taxpayer under the
117provisions of s. 288.1258.
118     10.  Leased, subleased, licensed, or rented to a person
119providing food and drink concessionaire services within the
120premises of a convention hall, exhibition hall, auditorium,
121stadium, theater, arena, civic center, performing arts center,
122publicly owned recreational facility, or any business operated
123under a permit issued pursuant to chapter 550. A person
124providing retail concessionaire services involving the sale of
125food and drink or other tangible personal property within the
126premises of an airport shall be subject to tax on the rental of
127real property used for that purpose, but shall not be subject to
128the tax on any license to use the property. For purposes of this
129subparagraph, the term "sale" shall not include the leasing of
130tangible personal property.
131     11.  Property occupied pursuant to an instrument calling
132for payments which the department has declared, in a Technical
133Assistance Advisement issued on or before March 15, 1993, to be
134nontaxable pursuant to rule 12A-1.070(19)(c), Florida
135Administrative Code; provided that this subparagraph shall only
136apply to property occupied by the same person before and after
137the execution of the subject instrument and only to those
138payments made pursuant to such instrument, exclusive of renewals
139and extensions thereof occurring after March 15, 1993.
140     12.  Rented, leased, subleased, or licensed to a
141concessionaire by a convention hall, exhibition hall,
142auditorium, stadium, theater, arena, civic center, performing
143arts center, or publicly owned recreational facility, during an
144event at the facility, to be used by the concessionaire to sell
145souvenirs, novelties, or other event-related products. This
146subparagraph applies only to that portion of the rental, lease,
147or license payment which is based on a percentage of sales and
148not based on a fixed price. This subparagraph is repealed July
1491, 2009.
150     12. 13.  Property used or occupied predominantly for space
151flight business purposes. As used in this subparagraph, "space
152flight business" means the manufacturing, processing, or
153assembly of a space facility, space propulsion system, space
154vehicle, satellite, or station of any kind possessing the
155capacity for space flight, as defined by s. 212.02(23), or
156components thereof, and also means the following activities
157supporting space flight: vehicle launch activities, flight
158operations, ground control or ground support, and all
159administrative activities directly related thereto. Property
160shall be deemed to be used or occupied predominantly for space
161flight business purposes if more than 50 percent of the
162property, or improvements thereon, is used for one or more space
163flight business purposes. Possession by a landlord, lessor, or
164licensor of a signed written statement from the tenant, lessee,
165or licensee claiming the exemption shall relieve the landlord,
166lessor, or licensor from the responsibility of collecting the
167tax, and the department shall look solely to the tenant, lessee,
168or licensee for recovery of such tax if it determines that the
169exemption was not applicable.
170Reviser's note.-Amends paragraph (1)(a) to delete
171subparagraph 12., which provides an exemption from tax
172for the rental or licensure of property to a
173concessionaire by specified recreational facilities
174for sale of event-related products, which subparagraph
175was repealed pursuant to its own terms, effective July
1761, 2009. Repeals subsection (10), which provided for
177an exemption from tax for separately stated charges
178imposed by specified recreational facilities upon a
179lessee or licensee for food, drink, or services
180required or available in connection with a lease or
181license to use real property, including charges for
182event-related personnel, advertising, and credit card
183processing, which subsection was repealed by s. 2, ch.
1842006-101, Laws of Florida, effective July 1, 2009.
185Since the subsection was not repealed by a "current
186session" of the Legislature, it may be omitted from
187the 2010 Florida Statutes only through a reviser's
188bill duly enacted by the Legislature. See s.
18911.242(5)(b) and (i).
190     Section 4.  Paragraph (p) of subsection (5) of section
191212.08, Florida Statutes, is amended to read:
192     212.08  Sales, rental, use, consumption, distribution, and
193storage tax; specified exemptions.-The sale at retail, the
194rental, the use, the consumption, the distribution, and the
195storage to be used or consumed in this state of the following
196are hereby specifically exempt from the tax imposed by this
197chapter.
198     (5)  EXEMPTIONS; ACCOUNT OF USE.-
199     (p)  Community contribution tax credit for donations.-
200     1.  Authorization.-Persons who are registered with the
201department under s. 212.18 to collect or remit sales or use tax
202and who make donations to eligible sponsors are eligible for tax
203credits against their state sales and use tax liabilities as
204provided in this paragraph:
205     a.  The credit shall be computed as 50 percent of the
206person's approved annual community contribution.
207     b.  The credit shall be granted as a refund against state
208sales and use taxes reported on returns and remitted in the 12
209months preceding the date of application to the department for
210the credit as required in sub-subparagraph 3.c. If the annual
211credit is not fully used through such refund because of
212insufficient tax payments during the applicable 12-month period,
213the unused amount may be included in an application for a refund
214made pursuant to sub-subparagraph 3.c. in subsequent years
215against the total tax payments made for such year. Carryover
216credits may be applied for a 3-year period without regard to any
217time limitation that would otherwise apply under s. 215.26.
218     c.  A person may not receive more than $200,000 in annual
219tax credits for all approved community contributions made in any
220one year.
221     d.  All proposals for the granting of the tax credit
222require the prior approval of the Office of Tourism, Trade, and
223Economic Development.
224     e.  The total amount of tax credits which may be granted
225for all programs approved under this paragraph, s. 220.183, and
226s. 624.5105 is $10.5 million annually for projects that provide
227homeownership opportunities for low-income or very-low-income
228households as defined in s. 420.9071(19) and (28) and $3.5
229million annually for all other projects.
230     f.  A person who is eligible to receive the credit provided
231for in this paragraph, s. 220.183, or s. 624.5105 may receive
232the credit only under the one section of the person's choice.
233     2.  Eligibility requirements.-
234     a.  A community contribution by a person must be in the
235following form:
236     (I)  Cash or other liquid assets;
237     (II)  Real property;
238     (III)  Goods or inventory; or
239     (IV)  Other physical resources as identified by the Office
240of Tourism, Trade, and Economic Development.
241     b.  All community contributions must be reserved
242exclusively for use in a project. As used in this sub-
243subparagraph, the term "project" means any activity undertaken
244by an eligible sponsor which is designed to construct, improve,
245or substantially rehabilitate housing that is affordable to low-
246income or very-low-income households as defined in s.
247420.9071(19) and (28); designed to provide commercial,
248industrial, or public resources and facilities; or designed to
249improve entrepreneurial and job-development opportunities for
250low-income persons. A project may be the investment necessary to
251increase access to high-speed broadband capability in rural
252communities with enterprise zones, including projects that
253result in improvements to communications assets that are owned
254by a business. A project may include the provision of museum
255educational programs and materials that are directly related to
256any project approved between January 1, 1996, and December 31,
2571999, and located in an enterprise zone designated pursuant to
258s. 290.0065. This paragraph does not preclude projects that
259propose to construct or rehabilitate housing for low-income or
260very-low-income households on scattered sites. With respect to
261housing, contributions may be used to pay the following eligible
262low-income and very-low-income housing-related activities:
263     (I)  Project development impact and management fees for
264low-income or very-low-income housing projects;
265     (II)  Down payment and closing costs for eligible persons,
266as defined in s. 420.9071(19) and (28);
267     (III)  Administrative costs, including housing counseling
268and marketing fees, not to exceed 10 percent of the community
269contribution, directly related to low-income or very-low-income
270projects; and
271     (IV)  Removal of liens recorded against residential
272property by municipal, county, or special district local
273governments when satisfaction of the lien is a necessary
274precedent to the transfer of the property to an eligible person,
275as defined in s. 420.9071(19) and (28), for the purpose of
276promoting home ownership. Contributions for lien removal must be
277received from a nonrelated third party.
278     c.  The project must be undertaken by an "eligible
279sponsor," which includes:
280     (I)  A community action program;
281     (II)  A nonprofit community-based development organization
282whose mission is the provision of housing for low-income or
283very-low-income households or increasing entrepreneurial and
284job-development opportunities for low-income persons;
285     (III)  A neighborhood housing services corporation;
286     (IV)  A local housing authority created under chapter 421;
287     (V)  A community redevelopment agency created under s.
288163.356;
289     (VI)  The Florida Industrial Development Corporation;
290     (VII)  A historic preservation district agency or
291organization;
292     (VIII)  A regional workforce board;
293     (IX)  A direct-support organization as provided in s.
2941009.983;
295     (X)  An enterprise zone development agency created under s.
296290.0056;
297     (XI)  A community-based organization incorporated under
298chapter 617 which is recognized as educational, charitable, or
299scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
300and whose bylaws and articles of incorporation include
301affordable housing, economic development, or community
302development as the primary mission of the corporation;
303     (XII)  Units of local government;
304     (XIII)  Units of state government; or
305     (XIV)  Any other agency that the Office of Tourism, Trade,
306and Economic Development designates by rule.
307
308In no event may a contributing person have a financial interest
309in the eligible sponsor.
310     d.  The project must be located in an area designated an
311enterprise zone or a Front Porch Florida Community pursuant to
312s. 20.18(6), unless the project increases access to high-speed
313broadband capability for rural communities with enterprise zones
314but is physically located outside the designated rural zone
315boundaries. Any project designed to construct or rehabilitate
316housing for low-income or very-low-income households as defined
317in s. 420.9071(19) and (28) is exempt from the area requirement
318of this sub-subparagraph.
319     e.(I)  If, during the first 10 business days of the state
320fiscal year, eligible tax credit applications for projects that
321provide homeownership opportunities for low-income or very-low-
322income households as defined in s. 420.9071(19) and (28) are
323received for less than the annual tax credits available for
324those projects, the Office of Tourism, Trade, and Economic
325Development shall grant tax credits for those applications and
326shall grant remaining tax credits on a first-come, first-served
327basis for any subsequent eligible applications received before
328the end of the state fiscal year. If, during the first 10
329business days of the state fiscal year, eligible tax credit
330applications for projects that provide homeownership
331opportunities for low-income or very-low-income households as
332defined in s. 420.9071(19) and (28) are received for more than
333the annual tax credits available for those projects, the office
334shall grant the tax credits for those applications as follows:
335     (A)  If tax credit applications submitted for approved
336projects of an eligible sponsor do not exceed $200,000 in total,
337the credits shall be granted in full if the tax credit
338applications are approved.
339     (B)  If tax credit applications submitted for approved
340projects of an eligible sponsor exceed $200,000 in total, the
341amount of tax credits granted pursuant to sub-sub-sub-
342subparagraph (A) shall be subtracted from the amount of
343available tax credits, and the remaining credits shall be
344granted to each approved tax credit application on a pro rata
345basis.
346     (II)  If, during the first 10 business days of the state
347fiscal year, eligible tax credit applications for projects other
348than those that provide homeownership opportunities for low-
349income or very-low-income households as defined in s.
350420.9071(19) and (28) are received for less than the annual tax
351credits available for those projects, the office shall grant tax
352credits for those applications and shall grant remaining tax
353credits on a first-come, first-served basis for any subsequent
354eligible applications received before the end of the state
355fiscal year. If, during the first 10 business days of the state
356fiscal year, eligible tax credit applications for projects other
357than those that provide homeownership opportunities for low-
358income or very-low-income households as defined in s.
359420.9071(19) and (28) are received for more than the annual tax
360credits available for those projects, the office shall grant the
361tax credits for those applications on a pro rata basis.
362     3.  Application requirements.-
363     a.  Any eligible sponsor seeking to participate in this
364program must submit a proposal to the Office of Tourism, Trade,
365and Economic Development which sets forth the name of the
366sponsor, a description of the project, and the area in which the
367project is located, together with such supporting information as
368is prescribed by rule. The proposal must also contain a
369resolution from the local governmental unit in which the project
370is located certifying that the project is consistent with local
371plans and regulations.
372     b.  Any person seeking to participate in this program must
373submit an application for tax credit to the office which sets
374forth the name of the sponsor, a description of the project, and
375the type, value, and purpose of the contribution. The sponsor
376shall verify the terms of the application and indicate its
377receipt of the contribution, which verification must be in
378writing and accompany the application for tax credit. The person
379must submit a separate tax credit application to the office for
380each individual contribution that it makes to each individual
381project.
382     c.  Any person who has received notification from the
383office that a tax credit has been approved must apply to the
384department to receive the refund. Application must be made on
385the form prescribed for claiming refunds of sales and use taxes
386and be accompanied by a copy of the notification. A person may
387submit only one application for refund to the department within
388any 12-month period.
389     4.  Administration.-
390     a.  The Office of Tourism, Trade, and Economic Development
391may adopt rules pursuant to ss. 120.536(1) and 120.54 necessary
392to administer this paragraph, including rules for the approval
393or disapproval of proposals by a person.
394     b.  The decision of the office must be in writing, and, if
395approved, the notification shall state the maximum credit
396allowable to the person. Upon approval, the office shall
397transmit a copy of the decision to the Department of Revenue.
398     c.  The office shall periodically monitor all projects in a
399manner consistent with available resources to ensure that
400resources are used in accordance with this paragraph; however,
401each project must be reviewed at least once every 2 years.
402     d.  The office shall, in consultation with the Department
403of Community Affairs and the statewide and regional housing and
404financial intermediaries, market the availability of the
405community contribution tax credit program to community-based
406organizations.
407     5.  Notwithstanding sub-subparagraph 1.e., and for the
4082008-2009 fiscal year only, the total amount of tax credit which
409may be granted for all programs approved under this section and
410ss. 220.183 and 624.5105 is $13 million annually for projects
411that provide homeownership opportunities for low-income or very-
412low-income households as defined in s. 420.9071(19) and (28) and
413$3.5 million annually for all other projects. This subparagraph
414expires June 30, 2009.
415     5. 6.  Expiration.-This paragraph expires June 30, 2015;
416however, any accrued credit carryover that is unused on that
417date may be used until the expiration of the 3-year carryover
418period for such credit.
419Reviser's note.-Amends paragraph (5)(p) to delete
420subparagraph 5., which relates to a cap on the
421community contribution tax credit for donations
422amounts for projects providing homeownership
423opportunities for low-income and very-low-income
424households for the 2008-2009 fiscal year, which
425subparagraph expired pursuant to its own terms,
426effective June 30, 2009.
427     Section 5.  Subsection (8) of section 215.559, Florida
428Statutes, is repealed.
429Reviser's note.-The cited subsection, which provides
430for allocation of funds for the Hurricane Loss
431Mitigation Program for the 2008-2009 fiscal year only,
432expired pursuant to its own terms, effective July 1,
4332009.
434     Section 6.  Paragraph (h) of subsection (1) of section
435220.183, Florida Statutes, is repealed.
436Reviser's note.-The cited paragraph, which relates to
437a cap on the community contribution tax credit amounts
438for projects providing homeownership opportunities for
439low-income and very-low-income households for the
4402008-2009 fiscal year, expired pursuant to its own
441terms, effective June 30, 2009.
442     Section 7.  Subsection (3) of section 253.01, Florida
443Statutes, is repealed.
444Reviser's note.-The cited subsection, which relates to
445use of Internal Improvement Trust Fund moneys for the
4462008-2009 fiscal year for grants and aids to local
447governments for the drinking water facility
448construction state revolving loan program, expired
449pursuant to its own terms, effective July 1, 2009.
450     Section 8.  Subsection (13) of section 253.034, Florida
451Statutes, is repealed.
452Reviser's note.-The cited subsection, which relates to
453deposit of funds from the sale of property by the
454Department of Highway Safety and Motor Vehicles
455located in Palm Beach County into the Highway Safety
456Operating Trust Fund to facilitate the exchange as
457provided in the General Appropriations Act, provided
458that at the conclusion of both exchanges the values
459are equalized, expired pursuant to its own terms,
460effective July 1, 2009.
461     Section 9.  Paragraph (b) of subsection (14) of section
462287.057, Florida Statutes, is repealed.
463Reviser's note.-The cited paragraph, which relates to
464authority of the Department of Health to enter into an
465agreement, not to exceed 20 years, with a private
466contractor to finance, design, and construct a
467hospital, of no more than 50 beds, for the treatment
468of patients with active tuberculosis and to operate
469all aspects of daily operations within the facility,
470expired pursuant to its own terms, effective July 1,
4712009.
472     Section 10.  Subsections (5) and (6) of section 373.1961,
473Florida Statutes, are repealed.
474Reviser's note.-Subsection (5), relating to
475distribution of funds for an alternative water supply
476for the 2008-2009 fiscal year only in the state water
477resource plan, expired pursuant to its own terms,
478effective July 1, 2009. Subsection (6), relating to
479funds remaining to be distributed after the
480distribution in subsection (5), for the 2008-2009
481fiscal year only, has served its purpose.
482     Section 11.  Paragraph (b) of subsection (1) of section
483373.472, Florida Statutes, is repealed.
484Reviser's note.-The cited paragraph, which provides
485that the uses and purposes of the Save Our Everglades
486Trust Fund specified in paragraph (1)(a) are
487inapplicable for the 2008-2009 fiscal year, expired
488pursuant to its own terms, effective July 1, 2009.
489     Section 12.  Paragraph (b) of subsection (3) of section
490375.041, Florida Statutes, is repealed.
491Reviser's note.-The cited paragraph, which relates to
492transfer of moneys in the Land Acquisition Trust Fund
493to the Ecosystem Management and Restoration Trust Fund
494for grants and aids to local governments for water
495projects as provided in the General Appropriations Act
496for the 2008-2009 fiscal year, expired pursuant to its
497own terms, effective July 1, 2009.
498     Section 13.  Subsection (3) of section 379.201, Florida
499Statutes, is repealed.
500Reviser's note.-The cited subsection, which relates to
501termination of the Administrative Trust Fund within
502the Fish and Wildlife Conservation Commission, was
503repealed by s. 2, ch. 2008-21, Laws of Florida,
504effective July 1, 2009. Since the subsection was not
505repealed by a "current session" of the Legislature, it
506may be omitted from the 2010 Florida Statutes only
507through a reviser's bill duly enacted by the
508Legislature. See s. 11.242(5)(b) and (i).
509     Section 14.  Subsection (3) of section 379.204, Florida
510Statutes, is repealed.
511Reviser's note.-The cited subsection, which relates to
512termination of the Federal Grants Trust Fund within
513the Fish and Wildlife Conservation Commission, was
514repealed by s. 2, ch. 2008-22, Laws of Florida,
515effective July 1, 2009. Since the subsection was not
516repealed by a "current session" of the Legislature, it
517may be omitted from the 2010 Florida Statutes only
518through a reviser's bill duly enacted by the
519Legislature. See s. 11.242(5)(b) and (i).
520     Section 15.  Subsection (3) of section 379.206, Florida
521Statutes, is repealed.
522Reviser's note.-The cited subsection, which relates to
523termination of the Grants and Donations Trust Fund
524within the Fish and Wildlife Conservation Commission,
525was repealed by s. 2, ch. 2008-23, Laws of Florida,
526effective July 1, 2009. Since the subsection was not
527repealed by a "current session" of the Legislature, it
528may be omitted from the 2010 Florida Statutes only
529through a reviser's bill duly enacted by the
530Legislature. See s. 11.242(5)(b) and (i).
531     Section 16.  Paragraph (e) of subsection (19) of section
532380.06, Florida Statutes, is amended to read:
533     380.06  Developments of regional impact.-
534     (19)  SUBSTANTIAL DEVIATIONS.-
535     (e)1.  Except for a development order rendered pursuant to
536subsection (22) or subsection (25), a proposed change to a
537development order that individually or cumulatively with any
538previous change is less than any numerical criterion contained
539in subparagraphs (b)1.-13. and does not exceed any other
540criterion, or that involves an extension of the buildout date of
541a development, or any phase thereof, of less than 5 years is not
542subject to the public hearing requirements of subparagraph
543(f)3., and is not subject to a determination pursuant to
544subparagraph (f)5. Notice of the proposed change shall be made
545to the regional planning council and the state land planning
546agency. Such notice shall include a description of previous
547individual changes made to the development, including changes
548previously approved by the local government, and shall include
549appropriate amendments to the development order.
550     2.  The following changes, individually or cumulatively
551with any previous changes, are not substantial deviations:
552     a.  Changes in the name of the project, developer, owner,
553or monitoring official.
554     b.  Changes to a setback that do not affect noise buffers,
555environmental protection or mitigation areas, or archaeological
556or historical resources.
557     c.  Changes to minimum lot sizes.
558     d.  Changes in the configuration of internal roads that do
559not affect external access points.
560     e.  Changes to the building design or orientation that stay
561approximately within the approved area designated for such
562building and parking lot, and which do not affect historical
563buildings designated as significant by the Division of
564Historical Resources of the Department of State.
565     f.  Changes to increase the acreage in the development,
566provided that no development is proposed on the acreage to be
567added.
568     g.  Changes to eliminate an approved land use, provided
569that there are no additional regional impacts.
570     h.  Changes required to conform to permits approved by any
571federal, state, or regional permitting agency, provided that
572these changes do not create additional regional impacts.
573     i.  Any renovation or redevelopment of development within a
574previously approved development of regional impact which does
575not change land use or increase density or intensity of use.
576     j.  Changes that modify boundaries and configuration of
577areas described in subparagraph (b)14. due to science-based
578refinement of such areas by survey, by habitat evaluation, by
579other recognized assessment methodology, or by an environmental
580assessment. In order for changes to qualify under this sub-
581subparagraph, the survey, habitat evaluation, or assessment must
582occur prior to the time a conservation easement protecting such
583lands is recorded and must not result in any net decrease in the
584total acreage of the lands specifically set aside for permanent
585preservation in the final development order.
586     k.  Changes to permit the sale of an affordable housing
587unit to a person who earns less than 120 percent of the area
588median income, provided the developer actively markets the unit
589for a minimum period of 6 months, is unable to close a sale to a
590qualified buyer in a lower income qualified income class, a
591certificate of occupancy is issued for the unit, and the
592developer proposes to sell the unit to a person who earns less
593than 120 percent of the area median income at a purchase price
594that is no greater than the purchase price at which the unit was
595originally marketed to a lower income qualified class. This
596provision may not be applied to residential units approved
597pursuant to subparagraph (b)7. or paragraph (i), and shall
598expire on July 1, 2009.
599     k. l.  Any other change which the state land planning
600agency, in consultation with the regional planning council,
601agrees in writing is similar in nature, impact, or character to
602the changes enumerated in sub-subparagraphs a.-j. and which does
603not create the likelihood of any additional regional impact.
604
605This subsection does not require the filing of a notice of
606proposed change but shall require an application to the local
607government to amend the development order in accordance with the
608local government's procedures for amendment of a development
609order. In accordance with the local government's procedures,
610including requirements for notice to the applicant and the
611public, the local government shall either deny the application
612for amendment or adopt an amendment to the development order
613which approves the application with or without conditions.
614Following adoption, the local government shall render to the
615state land planning agency the amendment to the development
616order. The state land planning agency may appeal, pursuant to s.
617380.07(3), the amendment to the development order if the
618amendment involves sub-subparagraph g., sub-subparagraph h.,
619sub-subparagraph j., or sub-subparagraph k., or sub-subparagraph
620l., and it believes the change creates a reasonable likelihood
621of new or additional regional impacts.
622     3.  Except for the change authorized by sub-subparagraph
6232.f., any addition of land not previously reviewed or any change
624not specified in paragraph (b) or paragraph (c) shall be
625presumed to create a substantial deviation. This presumption may
626be rebutted by clear and convincing evidence.
627     4.  Any submittal of a proposed change to a previously
628approved development shall include a description of individual
629changes previously made to the development, including changes
630previously approved by the local government. The local
631government shall consider the previous and current proposed
632changes in deciding whether such changes cumulatively constitute
633a substantial deviation requiring further development-of-
634regional-impact review.
635     5.  The following changes to an approved development of
636regional impact shall be presumed to create a substantial
637deviation. Such presumption may be rebutted by clear and
638convincing evidence.
639     a.  A change proposed for 15 percent or more of the acreage
640to a land use not previously approved in the development order.
641Changes of less than 15 percent shall be presumed not to create
642a substantial deviation.
643     b.  Notwithstanding any provision of paragraph (b) to the
644contrary, a proposed change consisting of simultaneous increases
645and decreases of at least two of the uses within an authorized
646multiuse development of regional impact which was originally
647approved with three or more uses specified in s. 380.0651(3)(c),
648(d), (e), and (f) and residential use.
649Reviser's note.-Amends paragraph (19)(e) to delete
650sub-subparagraph 2.k., which provided that changes to
651permit certain sales of affordable housing units are
652not substantial deviations from development orders,
653which sub-subparagraph expired pursuant to its own
654terms, effective July 1, 2009.
655     Section 17.  Subsection (8) of section 403.7095, Florida
656Statutes, is repealed.
657Reviser's note.-The cited subsection, which authorizes
658the Department of Environmental Protection, for the
6592008-2009 fiscal year only, to award specified funds
660to counties having populations of fewer than 100,000
661for waste tire and litter prevention, recycling
662education, and general solid waste programs and for
663the Innovative Grant Program, expired pursuant to its
664own terms, effective July 1, 2009.
665     Section 18.  Subsection (3) of section 403.890, Florida
666Statutes, is repealed.
667Reviser's note.-The cited subsection, which relates to
668transfer of moneys in the Water Protection and
669Sustainability Program Trust Fund to the Ecosystem
670Management and Restoration Trust Fund for grants and
671aids to local governments for water projects as
672provided in the General Appropriations Act, for the
6732008-2009 fiscal year only, expired pursuant to its
674own terms, effective July 1, 2009.
675     Section 19.  Paragraph (g) of subsection (1) of section
676408.036, Florida Statutes, is repealed.
677Reviser's note.-The cited paragraph, which requires
678review of an increase in the number of beds for acute
679care in a hospital that is located in a low-growth
680county, was repealed pursuant to its own terms,
681effective July 1, 2009.
682     Section 20.  Subsection (6) of section 624.5105, Florida
683Statutes, is repealed.
684Reviser's note.-The cited subsection, which relates to
685a cap on the community contribution tax credit amount
686for projects providing homeownership opportunities for
687low-income and very-low-income households for the
6882008-2009 fiscal year, expired pursuant to its own
689terms, effective June 30, 2009.
690     Section 21.  Subsection (5) of section 733.702, Florida
691Statutes, is repealed.
692Reviser's note.-The cited subsection, which authorizes
693the Department of Revenue to file a claim against the
694estate of a decedent for taxes due under chapter 199
695after the expiration of the time for filing claims
696provided in subsection (1), if the department files
697its claim within 30 days after the service of the
698inventory, was repealed by s. 26, ch. 2006-312, Laws
699of Florida, effective January 1, 2009. Since the
700subsection was not repealed by a "current session" of
701the Legislature, it may be omitted from the 2010
702Florida Statutes only through a reviser's bill duly
703enacted by the Legislature. See s. 11.242(5)(b) and
704(i).
705     Section 22.  Section 985.0395, Florida Statutes, is
706repealed.
707Reviser's note.-The cited section, which created the
708cost of supervision and care waiver pilot program in
709the Fourth and Eleventh Judicial Circuits, was
710repealed pursuant to its own terms, effective October
7111, 2009.
712     Section 23.  This act shall take effect on the 60th day
713after adjournment sine die of the session of the Legislature in
714which enacted.


CODING: Words stricken are deletions; words underlined are additions.