Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1904
       
       
       
       
       
       
                                Barcode 729070                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
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       The Committee on Community Affairs (Richter) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (31) of section 163.3164, Florida
    6  Statutes, is amended to read
    7         163.3164 Local Government Comprehensive Planning and Land
    8  Development Regulation Act; definitions.—As used in this act:
    9         (31) “Optional Sector plan” means the an optional process
   10  authorized by s. 163.3245 in which one or more local governments
   11  engage in long-term planning for a large area by agreement with
   12  the state land planning agency are allowed to and address
   13  regional development-of-regional-impact issues within certain
   14  designated geographic areas identified in the local
   15  comprehensive plan as a means of fostering innovative planning
   16  and development strategies in s. 163.3177(11)(a) and (b),
   17  furthering the purposes of this part and part I of chapter 380,
   18  reducing overlapping data and analysis requirements, protecting
   19  regionally significant resources and facilities, and addressing
   20  extrajurisdictional impacts. "Sector plan" includes an optional
   21  sector plan that was adopted pursuant to the Optional Sector
   22  Plan pilot program.
   23         Section 2. Paragraph (d) of subsection (15) of section
   24  163.3177, Florida Statutes, is amended to read:
   25         163.3177 Required and optional elements of comprehensive
   26  plan; studies and surveys.—
   27         (15)
   28         (d) This subsection does not apply to a an optional sector
   29  plan adopted pursuant to s. 163.3245, a rural land stewardship
   30  area designated pursuant to subsection (11), or any
   31  comprehensive plan amendment that includes an inland port
   32  terminal or affiliated port development.
   33         Section 3. Paragraph (a) of subsection (12) of section
   34  163.3180, Florida Statutes, is amended to read:
   35         163.3180 Concurrency.—
   36         (12)(a) A development of regional impact may satisfy the
   37  transportation concurrency requirements of the local
   38  comprehensive plan, the local government’s concurrency
   39  management system, and s. 380.06 by payment of a proportionate
   40  share contribution for local and regionally significant traffic
   41  impacts, if:
   42         1. The development of regional impact which, based on its
   43  location or mix of land uses, is designed to encourage
   44  pedestrian or other nonautomotive modes of transportation;
   45         2. The proportionate-share contribution for local and
   46  regionally significant traffic impacts is sufficient to pay for
   47  one or more required mobility improvements that will benefit a
   48  regionally significant transportation facility;
   49         3. The owner and developer of the development of regional
   50  impact pays or assures payment of the proportionate-share
   51  contribution; and
   52         4. If the regionally significant transportation facility to
   53  be constructed or improved is under the maintenance authority of
   54  a governmental entity, as defined by s. 334.03(12), other than
   55  the local government with jurisdiction over the development of
   56  regional impact, the developer is required to enter into a
   57  binding and legally enforceable commitment to transfer funds to
   58  the governmental entity having maintenance authority or to
   59  otherwise assure construction or improvement of the facility.
   60  
   61  The proportionate-share contribution may be applied to any
   62  transportation facility to satisfy the provisions of this
   63  subsection and the local comprehensive plan, but, for the
   64  purposes of this subsection, the amount of the proportionate
   65  share contribution shall be calculated based upon the cumulative
   66  number of trips from the proposed development expected to reach
   67  roadways during the peak hour from the complete buildout of a
   68  stage or phase being approved, divided by the change in the peak
   69  hour maximum service volume of roadways resulting from
   70  construction of an improvement necessary to maintain the adopted
   71  level of service, multiplied by the construction cost, at the
   72  time of developer payment, of the improvement necessary to
   73  maintain the adopted level of service. For purposes of this
   74  subsection, “construction cost” includes all associated costs of
   75  the improvement. Proportionate-share mitigation shall be limited
   76  to ensure that a development of regional impact meeting the
   77  requirements of this subsection mitigates its impact on the
   78  transportation system but is not responsible for the additional
   79  cost of reducing or eliminating backlogs. This subsection also
   80  applies to Florida Quality Developments pursuant to s. 380.061
   81  and to detailed specific area plans implementing optional sector
   82  plans pursuant to s. 163.3245.
   83         Section 4. Section 163.3245, Florida Statutes, is amended
   84  to read:
   85         163.3245 Optional sector plans.—
   86         (1) In recognition of the benefits of conceptual long-range
   87  planning for the buildout of an area, and detailed planning for
   88  specific areas, as a demonstration project, the requirements of
   89  s. 380.06 may be addressed as identified by this section for up
   90  to five local governments or combinations of local governments
   91  which may adopt into their the comprehensive plans a plan an
   92  optional sector plan in accordance with this section. This
   93  section is intended to promote and encourage long-term planning
   94  for conservation, development, and agriculture on a landscape
   95  scale; to further the intent of s. 163.3177(11), which supports
   96  innovative and flexible planning and development strategies, and
   97  the purposes of this part, and part I of chapter 380,; to
   98  facilitate protection of regionally significant resources,
   99  including but not limited to regionally significant water
  100  courses and wildlife corridors; and to avoid duplication of
  101  effort in terms of the level of data and analysis required for a
  102  development of regional impact, while ensuring the adequate
  103  mitigation of impacts to applicable regional resources and
  104  facilities, including those within the jurisdiction of other
  105  local governments, as would otherwise be provided. Optional
  106  Sector plans are intended for substantial geographic areas that
  107  include including at least 15,000 5,000 acres of one or more
  108  local governmental jurisdictions and are to emphasize urban form
  109  and protection of regionally significant resources and public
  110  facilities. The state land planning agency may approve optional
  111  sector plans of less than 5,000 acres based on local
  112  circumstances if it is determined that the plan would further
  113  the purposes of this part and part I of chapter 380. Preparation
  114  of an optional sector plan is authorized by agreement between
  115  the state land planning agency and the applicable local
  116  governments under s. 163.3171(4). An optional sector plan may be
  117  adopted through one or more comprehensive plan amendments under
  118  s. 163.3184. However, an optional A sector plan may not be
  119  adopted authorized in an area of critical state concern.
  120         (2) The state land planning agency may enter into an
  121  agreement to authorize preparation of an optional sector plan
  122  upon the request of one or more local governments based on
  123  consideration of problems and opportunities presented by
  124  existing development trends; the effectiveness of current
  125  comprehensive plan provisions; the potential to further the
  126  state comprehensive plan, applicable strategic regional policy
  127  plans, this part, and part I of chapter 380; and those factors
  128  identified by s. 163.3177(10)(i). Upon the request of a local
  129  government with jurisdiction, the applicable regional planning
  130  council shall conduct a scoping meeting with affected local
  131  governments and those agencies identified in s. 163.3184(4)
  132  before preparation of the sector plan execution of the agreement
  133  authorized by this section. The purpose of this meeting is to
  134  assist the state land planning agency and the local government
  135  in the identification of the relevant planning issues to be
  136  addressed and the data and resources available to assist in the
  137  preparation of the sector plan. In the event that a scoping
  138  meeting is conducted, subsequent plan amendments. the regional
  139  planning council shall make written recommendations to the state
  140  land planning agency and affected local governments, on the
  141  issues requested by the local government. The scoping meeting
  142  shall be noticed and open to the public. In the event that the
  143  entire planning area proposed for the sector plan is within the
  144  jurisdiction of two or more local governments, some or all of
  145  them may enter into a joint planning agreement pursuant to s.
  146  163.3171 with respect to including whether a sustainable sector
  147  plan would be appropriate. The agreement must define the
  148  geographic area to be subject to the sector plan, the planning
  149  issues that will be emphasized, procedures requirements for
  150  intergovernmental coordination to address extrajurisdictional
  151  impacts, supporting application materials including data and
  152  analysis, and procedures for public participation, or other
  153  issues. An agreement may address previously adopted sector plans
  154  that are consistent with the standards in this section. Before
  155  executing an agreement under this subsection, the local
  156  government shall hold a duly noticed public workshop to review
  157  and explain to the public the optional sector planning process
  158  and the terms and conditions of the proposed agreement. The
  159  local government shall hold a duly noticed public hearing to
  160  execute the agreement. All meetings between the department and
  161  the local government must be open to the public.
  162         (3) Optional Sector planning encompasses two levels:
  163  adoption pursuant to under s. 163.3184 of a conceptual long-term
  164  master plan for the entire planning area as part of the
  165  comprehensive plan; and adoption by local development order of
  166  two or more buildout overlay to the comprehensive plan, having
  167  no immediate effect on the issuance of development orders or the
  168  applicability of s. 380.06, and adoption under s. 163.3184 of
  169  detailed specific area plans that implement the conceptual long
  170  term master plan buildout overlay and authorize issuance of
  171  development orders, and within which s. 380.06 is waived. Until
  172  such time as a detailed specific area plan is adopted, the
  173  underlying future land use designations apply.
  174         (a) In addition to the other requirements of this chapter,
  175  a long-term master plan pursuant to this section conceptual
  176  long-term buildout overlay must include maps, illustrations, and
  177  text supported by data and analysis to address the following:
  178         1. A long-range conceptual framework map that, at a
  179  minimum, generally depicts identifies anticipated areas of
  180  urban, agricultural, rural, and conservation land use;
  181  identifies allowed uses in various parts of the planning area,
  182  specifies maximum and minimum densities and intensities of use,
  183  and provides the general framework for the development pattern
  184  in developed areas with graphic illustrations based on a
  185  hierarchy of places and functional place-making components.
  186         2. A general identification of the water supplies needed
  187  and available sources of water, including water resource
  188  development and water supply development projects, and water
  189  conservation measures needed to meet the projected demand of the
  190  future land uses in the long-term master plan.
  191         3. A general identification of the transportation
  192  facilities to serve the future land uses in the long-term master
  193  plan, including guidelines to be used to establish each modal
  194  component intended to optimize mobility.
  195         4. A general identification of other regionally significant
  196  public facilities consistent with chapter 9J-2, Florida
  197  Administrative Code, irrespective of local governmental
  198  jurisdiction necessary to support buildout of the anticipated
  199  future land uses, which may include central utilities provided
  200  on-site within the planning area, and policies setting forth the
  201  procedures to be used to mitigate the impacts of future land
  202  uses on public facilities.
  203         5. 3.A general identification of regionally significant
  204  natural resources within the planning area based on the best
  205  available data and policies setting forth the procedures for
  206  protection or conservation of specific resources consistent with
  207  the overall conservation and development strategy for the
  208  planning area consistent with chapter 9J-2, Florida
  209  Administrative Code.
  210         6.4.General principles and guidelines addressing that
  211  address the urban form and the interrelationships of anticipated
  212  future land uses; the protection and, as appropriate,
  213  restoration and management of lands identified for permanent
  214  preservation through recordation of conservation easements
  215  consistent with s. 704.06, which shall be phased or staged in
  216  coordination with detailed specific area plans to reflect phased
  217  or staged development within the planning area; and a
  218  discussion, at the applicant’s option, of the extent, if any, to
  219  which the plan will address restoring key ecosystems, achieving
  220  a more clean, healthy environment;, limiting urban sprawl;
  221  providing a range of housing types;, protecting wildlife and
  222  natural areas;, advancing the efficient use of land and other
  223  resources;, and creating quality communities of a design that
  224  promotes travel by multiple transportation modes; and enhancing
  225  the prospects for the creation of jobs.
  226         7. 5. Identification of general procedures and policies to
  227  facilitate ensure intergovernmental coordination to address
  228  extrajurisdictional impacts from the future land uses long-range
  229  conceptual framework map.
  230  
  231         A long-term master plan adopted pursuant to this section
  232  shall be based upon a planning period longer than the generally
  233  applicable planning period of the local comprehensive plan,
  234  shall specify the projected population within the planning area
  235  during the chosen planning period, and may include a phasing or
  236  staging schedule that allocates a portion of the local
  237  government’s future growth to the planning area through the
  238  planning period. It shall not be a requirement for a long-term
  239  master plan adopted pursuant to this section to demonstrate need
  240  based upon projected population growth or on any other basis.
  241         (b) In addition to the other requirements of this chapter,
  242  including those in paragraph (a), the detailed specific area
  243  plans shall be consistent with the long-term master plan and
  244  must include conditions and commitments which provide for:
  245         1. Development or conservation of an area of adequate size
  246  to accommodate a level of development which achieves a
  247  functional relationship between a full range of land uses within
  248  the area and to encompass at least 1,000 acres consistent with
  249  the long-term master plan. The local government state land
  250  planning agency may approve detailed specific area plans of less
  251  than 1,000 acres based on local circumstances if it is
  252  determined that the detailed specific area plan furthers the
  253  purposes of this part and part I of chapter 380.
  254         2. Detailed identification and analysis of the maximum and
  255  minimum densities and intensities of use, and the distribution,
  256  extent, and location of future land uses.
  257         3. Detailed identification of water resource development
  258  and water supply development projects and related
  259  infrastructure, and water conservation measures to address water
  260  needs of development in the detailed specific area plan.
  261         4. Detailed identification of the transportation facilities
  262  to serve the future land uses in the detailed specific area
  263  plan.
  264         5. Detailed identification of other regionally significant
  265  public facilities, including public facilities outside the
  266  jurisdiction of the host local government, anticipated impacts
  267  of future land uses on those facilities, and required
  268  improvements consistent with the long-term master plan chapter
  269  9J-2, Florida Administrative Code.
  270         6.4.Public facilities necessary to serve development in
  271  the detailed specific area plan for the short term, including
  272  developer contributions in a financially feasible 5-year capital
  273  improvement schedule of the affected local government.
  274         7. 5. Detailed analysis and identification of specific
  275  measures to assure the protection or conservation of lands
  276  identified in the long-term master plan to be permanently
  277  preserved within the planning area through recordation of a
  278  conservation easement consistent with s. 704.06 and, as
  279  appropriate, restored or managed, of regionally significant
  280  natural resources and other important resources both within and
  281  outside the host jurisdiction, including those regionally
  282  significant resources identified in chapter 9J-2, Florida
  283  Administrative Code.
  284         8. 6.Detailed principles and guidelines addressing that
  285  address the urban form and the interrelationships of anticipated
  286  future land uses; and a discussion, at the applicant’s option,
  287  of the extent, if any, to which the plan will address restoring
  288  key ecosystems, achieving a more clean, healthy environment;,
  289  limiting urban sprawl;, providing a range of housing types;
  290  protecting wildlife and natural areas;, advancing the efficient
  291  use of land and other resources;, and creating quality
  292  communities of a design that promotes travel by multiple
  293  transportation modes; and enhancing the prospects for the
  294  creation of jobs.
  295         9. 7. Identification of specific procedures to facilitate
  296  ensure intergovernmental coordination to address
  297  extrajurisdictional impacts from of the detailed specific area
  298  plan.
  299  
  300         A detailed specific area plan adopted by local development
  301  order pursuant to this section may be based upon a planning
  302  period longer than the generally applicable planning period of
  303  the local comprehensive plan and shall specify the projected
  304  population within the specific planning area during the chosen
  305  planning period. It shall not be a requirement for a detailed
  306  specific area plan adopted pursuant to this section to
  307  demonstrate need based upon projected population growth or on
  308  any other basis.
  309         (c) In its review of a long-term master plan, the state
  310  land planning agency shall consult with the Department of
  311  Agriculture and Consumer Services, the Department of
  312  Environmental Protection, the Florida Fish and Wildlife
  313  Conservation Commission, and the applicable water management
  314  district regarding the design of areas for protection and
  315  conservation of regionally significant natural resources and for
  316  the protection and, as appropriate, restoration and management
  317  of lands identified for permanent preservation.
  318         (d) In its review of a long-term master plan, the state
  319  land planning agency shall consult with the Department of
  320  Transportation, the applicable metropolitan planning
  321  organization, and any urban transit agency regarding the
  322  location, capacity, design, and phasing or staging of major
  323  transportation facilities in the planning area.
  324         (e) The state land planning agency may initiate a civil
  325  action pursuant to s. 163.3215 with respect to a detailed
  326  specific area plan which is not consistent with a long-term
  327  master plan adopted pursuant to this section. For purposes of
  328  such a proceeding, the state land planning agency shall be
  329  deemed an aggrieved and adversely affected party. Regardless of
  330  whether the local government has adopted an ordinance that
  331  establishes a local process which meets the requirements of s.
  332  163.3215(4), judicial review of a detailed specific area plan
  333  initiated by the state land planning agency shall be de novo
  334  pursuant to s. 163.3215(3) and not by petition for writ of
  335  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
  336  adversely affected party shall be subject to s. 163.3215 in all
  337  respects when initiating a consistency challenge to a detailed
  338  specific area plan.
  339         (f) This subsection does may not be construed to prevent
  340  preparation and approval of the optional sector plan and
  341  detailed specific area plan concurrently or in the same
  342  submission.
  343         (4) Upon the long-term master plan becoming legally
  344  effective:
  345         (a) Any long-range transportation plan developed by a
  346  metropolitan planning organization pursuant to s. 339.175(7)
  347  must be consistent, to the maximum extent feasible, with the
  348  long-term master plan, including but not limited to the
  349  projected population, the approved uses and densities and
  350  intensities of use and their distribution within the planning
  351  area. The transportation facilities identified in adopted plans
  352  pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
  353  developed in coordination with the adopted M.P.O. long-range
  354  transportation plan.
  355         (b) The water needs, sources and water resource development
  356  and water supply development projects identified in adopted
  357  plans pursuant to sub-subparagraphs (3)(a)2. and (3)(b)3. shall
  358  be incorporated into the applicable district and regional water
  359  supply plans adopted in accordance with ss. 373.036 and 373.709.
  360  Accordingly, and notwithstanding the permit durations stated in
  361  s. 373.236, an applicant may request and the applicable district
  362  may issue consumptive use permits for durations commensurate
  363  with the long-term master plan. The permitting criteria in s.
  364  373.223 shall be applied based upon the projected population,
  365  the approved densities and intensities of use and their
  366  distribution in the long-term master plan.
  367  
  368         The host local government shall submit a monitoring report
  369  to the state land planning agency and applicable regional
  370  planning council on an annual basis after adoption of a detailed
  371  specific area plan. The annual monitoring report must provide
  372  summarized information on development orders issued, development
  373  that has occurred, public facility improvements made, and public
  374  facility improvements anticipated over the upcoming 5 years.
  375         (5) When a plan amendment adopting a detailed specific area
  376  plan has become effective for a portion of the planning area
  377  governed by a long-term master plan adopted pursuant to this
  378  section under ss. 163.3184 and 163.3189(2), the provisions of s.
  379  380.06 do not apply to development within the geographic area of
  380  the detailed specific area plan. However, any development-of
  381  regional-impact development order that is vested from the
  382  detailed specific area plan may be enforced pursuant to under s.
  383  380.11.
  384         (a) The local government adopting the detailed specific
  385  area plan is primarily responsible for monitoring and enforcing
  386  the detailed specific area plan. Local governments shall not
  387  issue any permits or approvals or provide any extensions of
  388  services to development that are not consistent with the
  389  detailed specific sector area plan.
  390         (b) If the state land planning agency has reason to believe
  391  that a violation of any detailed specific area plan, or of any
  392  agreement entered into under this section, has occurred or is
  393  about to occur, it may institute an administrative or judicial
  394  proceeding to prevent, abate, or control the conditions or
  395  activity creating the violation, using the procedures in s.
  396  380.11.
  397         (c) In instituting an administrative or judicial proceeding
  398  involving an optional sector plan or detailed specific area
  399  plan, including a proceeding pursuant to paragraph (b), the
  400  complaining party shall comply with the requirements of s.
  401  163.3215(4), (5), (6), and (7), except as provided by paragraph
  402  (3)(d).
  403         (d) The detailed specific area plan shall establish a
  404  buildout date until which the approved development shall not be
  405  subject to downzoning, unit density reduction, or intensity
  406  reduction, unless the local government can demonstrate that
  407  implementation of the plan is not continuing in good faith based
  408  on standards established by plan policy, or that substantial
  409  changes in the conditions underlying the approval of the
  410  detailed specific area plan have occurred, or that the detailed
  411  specific area plan was based on substantially inaccurate
  412  information provided by the applicant, or that the change is
  413  clearly established to be essential to the public health,
  414  safety, or welfare.
  415         (6) Concurrent with or subsequent to review and adoption of
  416  a long-term master plan pursuant to subsection (3)(a), an
  417  applicant may apply for master development approval pursuant to
  418  s. 380.06(21) for the entire planning area in order to establish
  419  a buildout date until which the approved uses and densities and
  420  intensities of use of the master plan shall not be subject to
  421  downzoning, unit density reduction, or intensity reduction,
  422  unless the local government can demonstrate that implementation
  423  of the master plan is not continuing in good faith based on
  424  standards established by plan policy, or that substantial
  425  changes in the conditions underlying the approval of the master
  426  plan have occurred, or that the master plan was based on
  427  substantially inaccurate information provided by the applicant,
  428  or that change is clearly established to be essential to the
  429  public health, safety, or welfare. Review of the application for
  430  master development approval shall be at a level of detail
  431  appropriate for the long-term and conceptual nature of the long
  432  term master plan and, to the maximum extent possible, shall only
  433  consider information provided in the application for a long-term
  434  master plan. Notwithstanding any provision of s. 380.06 to the
  435  contrary, an increment of development in such an approved master
  436  development plan shall be approved by a detailed specific area
  437  plan pursuant to subsection (3)(b) and shall be exempt from
  438  review pursuant to s 380.06. Beginning December 1, 1999, and
  439  each year thereafter, the department shall provide a status
  440  report to the Legislative Committee on Intergovernmental
  441  Relations regarding each optional sector plan authorized under
  442  this section.
  443         (7) A developer within an area subject to a long-term
  444  master plan which meets the requirements of paragraph (3)(a) and
  445  subsection (6) or a detailed specific area plan which meets the
  446  requirements of paragraph (3)(b) may enter into a development
  447  agreement with a local government pursuant to ss. 163.3220
  448  163.3243. The duration of such a development agreement may be
  449  through the planning period of the long-term master plan or the
  450  detailed specific area plan, as the case may be, notwithstanding
  451  the limit on the duration of a development agreement pursuant to
  452  s. 163.3229.
  453         (8) Any owner of property within the planning area of a
  454  proposed long-term master plan may withdraw his consent to the
  455  master plan at any time prior to local government adoption, and
  456  the local government shall exclude such parcels from the adopted
  457  master plan. Thereafter, the long-term master plan, any detailed
  458  specific area plan, and the exemption from development-of
  459  regional-impact review under this section shall not apply to the
  460  subject parcels. After adoption of a long-term master plan, an
  461  owner may withdraw his or her property from the master plan only
  462  with the approval of the local government by plan amendment
  463  adopted and reviewed pursuant to s. 163.3184.
  464         (9) The adoption of a long-term master plan or a detailed
  465  specific area plan pursuant to this section shall not limit the
  466  right to continue existing agricultural or silvicultural uses or
  467  other natural resource-based operations or to establish similar
  468  new uses that are consistent with the plans approved pursuant to
  469  this section.
  470         (10) Notwithstanding any provision to the contrary of s.
  471  380.06; chapter 163, Part II; or any planning agreement or plan
  472  policy, a landowner or developer who has received approval of a
  473  master development of regional impact development order pursuant
  474  to s. 380.06(21) may apply to implement this order by filing one
  475  or more applications to approve detailed specific area plan
  476  pursuant to subparagraph (3)(b) of this section.
  477         (11) Notwithstanding the provisions of this act, a detailed
  478  specific area plan to implement a conceptual long-term buildout
  479  overlay adopted by a local government and found in compliance
  480  prior to July 1, 2011, shall be governed by the provisions of
  481  this section.
  482         (12) This section may not be construed to abrogate the
  483  rights of any person under this chapter.
  484         Section 5. Paragraph (b) of subsection (9) of section
  485  163.3246, Florida Statutes, is amended to read:
  486         163.3246 Local government comprehensive planning
  487  certification program.—
  488         (9)
  489         (b) Plan amendments that change the boundaries of the
  490  certification area; propose a rural land stewardship area
  491  pursuant to s. 163.3177(11)(d); propose an optional sector plan
  492  pursuant to s. 163.3245; propose a school facilities element;
  493  update a comprehensive plan based on an evaluation and appraisal
  494  report; impact lands outside the certification boundary;
  495  implement new statutory requirements that require specific
  496  comprehensive plan amendments; or increase hurricane evacuation
  497  times or the need for shelter capacity on lands within the
  498  coastal high-hazard area shall be reviewed pursuant to ss.
  499  163.3184 and 163.3187.
  500         Section 6. Paragraph (s) of subsection (24) of section
  501  380.06, Florida Statutes, is amended to read:
  502         380.06 Developments of regional impact.—
  503         (24) STATUTORY EXEMPTIONS.—
  504         (s) Any development in a detailed specific area plan which
  505  is prepared pursuant to s. 163.3245 and adopted into the
  506  comprehensive plan is exempt from this section.
  507  
  508  If a use is exempt from review as a development of regional
  509  impact under paragraphs (a)-(s), but will be part of a larger
  510  project that is subject to review as a development of regional
  511  impact, the impact of the exempt use must be included in the
  512  review of the larger project, unless such exempt use involves a
  513  development of regional impact that includes a landowner,
  514  tenant, or user that has entered into a funding agreement with
  515  the Office of Tourism, Trade, and Economic Development under the
  516  Innovation Incentive Program and the agreement contemplates a
  517  state award of at least $50 million.
  518         Section 7. Subsection (3) of section 380.115, Florida
  519  Statutes, is amended to read:
  520         380.115 Vested rights and duties; effect of size reduction,
  521  changes in guidelines and standards.—
  522         (3) A landowner that has filed an application for a
  523  development-of-regional-impact review prior to the adoption of a
  524  an optional sector plan pursuant to s. 163.3245 may elect to
  525  have the application reviewed pursuant to s. 380.06,
  526  comprehensive plan provisions in force prior to adoption of the
  527  sector plan, and any requested comprehensive plan amendments
  528  that accompany the application.
  529         Section 8. This act shall take effect upon becoming law.
  530  
  531  
  532  ================= T I T L E  A M E N D M E N T ================
  533         And the title is amended as follows:
  534         Delete everything before the enacting clause
  535  and insert:
  536                        A bill to be entitled                      
  537         An act relating to growth management; amending s.
  538         163.3164, F.S.; making conforming amendments; amending
  539         s. 163.3177, F.S.; making conforming amendments;
  540         amending s. 163.3180, F.S.; making conforming
  541         amendments; amending s. 163.3245, F.S.; renaming
  542         optional sector plans as sector plans; increasing the
  543         minimum size of geographic areas that qualify for the
  544         use of sector plans; revising terminology relating to
  545         such plans; deleting obsolete provisions; renaming
  546         long-term conceptual buildout overlays as long-term
  547         master plans; revising the content required to be
  548         included in long-term master plans and detailed
  549         specified area plans; requiring identification of
  550         water development projects and transportation
  551         facilities to serve future development needs;
  552         exempting certain developments from the requirement to
  553         develop a detailed specific area plan; providing that
  554         detailed specific area plans shall be adopted by local
  555         development orders; requiring that detailed specific
  556         area plans include a buildout date and precluding
  557         certain changes in the development until after that
  558         date; authorizing certain development agreements
  559         between the developer and the local government;
  560         providing for continuation of certain existing land
  561         uses; amending s. 380.06(24), F.S.; amending s.
  562         380.115(3), F.S.; making conforming amendments;
  563         providing an effective date.