| 1 | Representative Workman offered the following: |
| 2 |
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| 3 | Amendment (with directory and title amendments) |
| 4 | Remove lines 7591-7633 and insert: |
| 5 | (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.- |
| 6 | (g) A local government shall not issue permits for |
| 7 | development subsequent to the buildout date contained in the |
| 8 | development order unless: |
| 9 | 1. The proposed development has been evaluated |
| 10 | cumulatively with existing development under the substantial |
| 11 | deviation provisions of subsection (19) subsequent to the |
| 12 | termination or expiration date; |
| 13 | 2. The proposed development is consistent with an |
| 14 | abandonment of development order that has been issued in |
| 15 | accordance with the provisions of subsection (26); |
| 16 | 3. The development of regional impact is essentially built |
| 17 | out, in that all the mitigation requirements in the development |
| 18 | order have been satisfied, all developers are in compliance with |
| 19 | all applicable terms and conditions of the development order |
| 20 | except the buildout date, and the amount of proposed development |
| 21 | that remains to be built is less than 40 20 percent of any |
| 22 | applicable development-of-regional-impact threshold; or |
| 23 | 4. The project has been determined to be an essentially |
| 24 | built-out development of regional impact through an agreement |
| 25 | executed by the developer, the state land planning agency, and |
| 26 | the local government, in accordance with s. 380.032, which will |
| 27 | establish the terms and conditions under which the development |
| 28 | may be continued. If the project is determined to be essentially |
| 29 | built out, development may proceed pursuant to the s. 380.032 |
| 30 | agreement after the termination or expiration date contained in |
| 31 | the development order without further development-of-regional- |
| 32 | impact review subject to the local government comprehensive plan |
| 33 | and land development regulations or subject to a modified |
| 34 | development-of-regional-impact analysis. As used in this |
| 35 | paragraph, an "essentially built-out" development of regional |
| 36 | impact means: |
| 37 | a. The developers are in compliance with all applicable |
| 38 | terms and conditions of the development order except the |
| 39 | buildout date; and |
| 40 | b.(I) The amount of development that remains to be built |
| 41 | is less than the substantial deviation threshold specified in |
| 42 | paragraph (19)(b) for each individual land use category, or, for |
| 43 | a multiuse development, the sum total of all unbuilt land uses |
| 44 | as a percentage of the applicable substantial deviation |
| 45 | threshold is equal to or less than 100 percent; or |
| 46 | (II) The state land planning agency and the local |
| 47 | government have agreed in writing that the amount of development |
| 48 | to be built does not create the likelihood of any additional |
| 49 | regional impact not previously reviewed. |
| 50 |
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| 51 | The single-family residential portions of a development may be |
| 52 | considered "essentially built out" if all of the workforce |
| 53 | housing obligations and all of the infrastructure and horizontal |
| 54 | development have been completed, at least 50 percent of the |
| 55 | dwelling units have been completed, and more than 80 percent of |
| 56 | the lots have been conveyed to third-party individual lot owners |
| 57 | or to individual builders who own no more than 40 lots at the |
| 58 | time of the determination. The mobile home park portions of a |
| 59 | development may be considered "essentially built out" if all the |
| 60 | infrastructure and horizontal development has been completed, |
| 61 | and at least 50 percent of the lots are leased to individual |
| 62 | mobile home owners. |
| 63 | (19) SUBSTANTIAL DEVIATIONS.- |
| 64 | (b) Any proposed change to a previously approved |
| 65 | development of regional impact or development order condition |
| 66 | which, either individually or cumulatively with other changes, |
| 67 | exceeds any of the following criteria shall constitute a |
| 68 | substantial deviation and shall cause the development to be |
| 69 | subject to further development-of-regional-impact review without |
| 70 | the necessity for a finding of same by the local government: |
| 71 | 1. An increase in the number of parking spaces at an |
| 72 | attraction or recreational facility by 15 10 percent or 500 330 |
| 73 | spaces, whichever is greater, or an increase in the number of |
| 74 | spectators that may be accommodated at such a facility by 15 10 |
| 75 | percent or 1,500 1,100 spectators, whichever is greater. |
| 76 | 2. A new runway, a new terminal facility, a 25-percent |
| 77 | lengthening of an existing runway, or a 25-percent increase in |
| 78 | the number of gates of an existing terminal, but only if the |
| 79 | increase adds at least three additional gates. |
| 80 | 3. An increase in industrial development area by 10 |
| 81 | percent or 35 acres, whichever is greater. |
| 82 | 4. An increase in the average annual acreage mined by 10 |
| 83 | percent or 11 acres, whichever is greater, or an increase in the |
| 84 | average daily water consumption by a mining operation by 10 |
| 85 | percent or 330,000 gallons, whichever is greater. A net increase |
| 86 | in the size of the mine by 10 percent or 825 acres, whichever is |
| 87 | less. For purposes of calculating any net increases in size, |
| 88 | only additions and deletions of lands that have not been mined |
| 89 | shall be considered. An increase in the size of a heavy mineral |
| 90 | mine as defined in s. 378.403(7) will only constitute a |
| 91 | substantial deviation if the average annual acreage mined is |
| 92 | more than 550 acres and consumes more than 3.3 million gallons |
| 93 | of water per day. |
| 94 | 3.5. An increase in land area for office development by 15 |
| 95 | 10 percent or an increase of gross floor area of office |
| 96 | development by 15 10 percent or 100,000 66,000 gross square |
| 97 | feet, whichever is greater. |
| 98 | 4.6. An increase in the number of dwelling units by 10 |
| 99 | percent or 55 dwelling units, whichever is greater. |
| 100 | 5.7. An increase in the number of dwelling units by 50 |
| 101 | percent or 200 units, whichever is greater, provided that 15 |
| 102 | percent of the proposed additional dwelling units are dedicated |
| 103 | to affordable workforce housing, subject to a recorded land use |
| 104 | restriction that shall be for a period of not less than 20 years |
| 105 | and that includes resale provisions to ensure long-term |
| 106 | affordability for income-eligible homeowners and renters and |
| 107 | provisions for the workforce housing to be commenced prior to |
| 108 | the completion of 50 percent of the market rate dwelling. For |
| 109 | purposes of this subparagraph, the term "affordable workforce |
| 110 | housing" means housing that is affordable to a person who earns |
| 111 | less than 120 percent of the area median income, or less than |
| 112 | 140 percent of the area median income if located in a county in |
| 113 | which the median purchase price for a single-family existing |
| 114 | home exceeds the statewide median purchase price of a single- |
| 115 | family existing home. For purposes of this subparagraph, the |
| 116 | term "statewide median purchase price of a single-family |
| 117 | existing home" means the statewide purchase price as determined |
| 118 | in the Florida Sales Report, Single-Family Existing Homes, |
| 119 | released each January by the Florida Association of Realtors and |
| 120 | the University of Florida Real Estate Research Center. |
| 121 | 6.8. An increase in commercial development by 60,000 |
| 122 | 55,000 square feet of gross floor area or of parking spaces |
| 123 | provided for customers for 425 330 cars or a 10-percent increase |
| 124 | of either of these, whichever is greater. |
| 125 | 9. An increase in hotel or motel rooms by 10 percent or 83 |
| 126 | rooms, whichever is greater. |
| 127 | 7.10. An increase in a recreational vehicle park area by |
| 128 | 10 percent or 110 vehicle spaces, whichever is less. |
| 129 | 8.11. A decrease in the area set aside for open space of 5 |
| 130 | percent or 20 acres, whichever is less. |
| 131 | 9.12. A proposed increase to an approved multiuse |
| 132 | development of regional impact where the sum of the increases of |
| 133 | each land use as a percentage of the applicable substantial |
| 134 | deviation criteria is equal to or exceeds 110 percent. The |
| 135 | percentage of any decrease in the amount of open space shall be |
| 136 | treated as an increase for purposes of determining when 110 |
| 137 | percent has been reached or exceeded. |
| 138 | 10.13. A 15-percent increase in the number of external |
| 139 | vehicle trips generated by the development above that which was |
| 140 | projected during the original development-of-regional-impact |
| 141 | review. |
| 142 | 11.14. Any change which would result in development of any |
| 143 | area which was specifically set aside in the application for |
| 144 | development approval or in the development order for |
| 145 | preservation or special protection of endangered or threatened |
| 146 | plants or animals designated as endangered, threatened, or |
| 147 | species of special concern and their habitat, any species |
| 148 | protected by 16 U.S.C. ss. 668a-668d, primary dunes, or |
| 149 | archaeological and historical sites designated as significant by |
| 150 | the Division of Historical Resources of the Department of State. |
| 151 | The refinement of the boundaries and configuration of such areas |
| 152 | shall be considered under sub-subparagraph (e)2.j. |
| 153 |
|
| 154 | The substantial deviation numerical standards in subparagraphs |
| 155 | 3., 6., and 5., 8., 9., and 12., excluding residential uses, and |
| 156 | in subparagraph 10. 13., are increased by 100 percent for a |
| 157 | project certified under s. 403.973 which creates jobs and meets |
| 158 | criteria established by the Office of Tourism, Trade, and |
| 159 | Economic Development as to its impact on an area's economy, |
| 160 | employment, and prevailing wage and skill levels. The |
| 161 | substantial deviation numerical standards in subparagraphs 3., |
| 162 | 4. 5., 6., 7., 8., 9., 12., and 10. 13. are increased by 50 |
| 163 | percent for a project located wholly within an urban infill and |
| 164 | redevelopment area designated on the applicable adopted local |
| 165 | comprehensive plan future land use map and not located within |
| 166 | the coastal high hazard area. |
| 167 | (c) An extension of the date of buildout of a development, |
| 168 | or any phase thereof, by more than 7 years is presumed to create |
| 169 | a substantial deviation subject to further development-of- |
| 170 | regional-impact review. |
| 171 | 1. An extension of the date of buildout, or any phase |
| 172 | thereof, of more than 5 years but not more than 7 years is |
| 173 | presumed not to create a substantial deviation. The extension of |
| 174 | the date of buildout of an areawide development of regional |
| 175 | impact by more than 5 years but less than 10 years is presumed |
| 176 | not to create a substantial deviation. These presumptions may be |
| 177 | rebutted by clear and convincing evidence at the public hearing |
| 178 | held by the local government. An extension of 5 years or less is |
| 179 | not a substantial deviation. |
| 180 | 2. In recognition of the 2011 real estate market |
| 181 | conditions, at the option of the developer, all commencement, |
| 182 | phase, buildout, and expiration dates for projects that are |
| 183 | currently valid developments of regional impact are extended for |
| 184 | 4 years regardless of any previous extension. Associated |
| 185 | mitigation requirements are extended for the same period unless |
| 186 | a governmental entity notifies the developer by December 1, |
| 187 | 2011, that it has entered into a contract for construction of a |
| 188 | facility with some or all of development's mitigation funds |
| 189 | specified in the development order or a written agreement with |
| 190 | the developer. The 4-year extension is not a substantial |
| 191 | deviation, is not subject to further development-of-regional- |
| 192 | impact review, and may not be considered when determining |
| 193 | whether a subsequent extension is a substantial deviation under |
| 194 | this subsection. The developer must notify the local government |
| 195 | in writing by December 31, 2011, in order to receive the 4-year |
| 196 | extension. |
| 197 |
|
| 198 | For the purpose of calculating when a buildout or phase date has |
| 199 | been exceeded, the time shall be tolled during the pendency of |
| 200 | administrative or judicial proceedings relating to development |
| 201 | permits. Any extension of the buildout date of a project or a |
| 202 | phase thereof shall automatically extend the commencement date |
| 203 | of the project, the termination date of the development order, |
| 204 | the expiration date of the development of regional impact, and |
| 205 | the phases thereof if applicable by a like period of time. In |
| 206 | recognition of the 2007 real estate market conditions, all |
| 207 | phase, buildout, and expiration dates for projects that are |
| 208 | developments of regional impact and under active construction on |
| 209 | July 1, 2007, are extended for 3 years regardless of any prior |
| 210 | extension. The 3-year extension is not a substantial deviation, |
| 211 | is not subject to further development-of-regional-impact review, |
| 212 | and may not be considered when determining whether a subsequent |
| 213 | extension is a substantial deviation under this subsection. |
| 214 | (e)1. Except for a development order rendered pursuant to |
| 215 | subsection (22) or subsection (25), a proposed change to a |
| 216 | development order that individually or cumulatively with any |
| 217 | previous change is less than any numerical criterion contained |
| 218 | in subparagraphs (b)1.-10.1.-13. and does not exceed any other |
| 219 | criterion, or that involves an extension of the buildout date of |
| 220 | a development, or any phase thereof, of less than 5 years is not |
| 221 | subject to the public hearing requirements of subparagraph |
| 222 | (f)3., and is not subject to a determination pursuant to |
| 223 | subparagraph (f)5. Notice of the proposed change shall be made |
| 224 | to the regional planning council and the state land planning |
| 225 | agency. Such notice shall include a description of previous |
| 226 | individual changes made to the development, including changes |
| 227 | previously approved by the local government, and shall include |
| 228 | appropriate amendments to the development order. |
| 229 | 2. The following changes, individually or cumulatively |
| 230 | with any previous changes, are not substantial deviations: |
| 231 | a. Changes in the name of the project, developer, owner, |
| 232 | or monitoring official. |
| 233 | b. Changes to a setback that do not affect noise buffers, |
| 234 | environmental protection or mitigation areas, or archaeological |
| 235 | or historical resources. |
| 236 | c. Changes to minimum lot sizes. |
| 237 | d. Changes in the configuration of internal roads that do |
| 238 | not affect external access points. |
| 239 | e. Changes to the building design or orientation that stay |
| 240 | approximately within the approved area designated for such |
| 241 | building and parking lot, and which do not affect historical |
| 242 | buildings designated as significant by the Division of |
| 243 | Historical Resources of the Department of State. |
| 244 | f. Changes to increase the acreage in the development, |
| 245 | provided that no development is proposed on the acreage to be |
| 246 | added. |
| 247 | g. Changes to eliminate an approved land use, provided |
| 248 | that there are no additional regional impacts. |
| 249 | h. Changes required to conform to permits approved by any |
| 250 | federal, state, or regional permitting agency, provided that |
| 251 | these changes do not create additional regional impacts. |
| 252 | i. Any renovation or redevelopment of development within a |
| 253 | previously approved development of regional impact which does |
| 254 | not change land use or increase density or intensity of use. |
| 255 | j. Changes that modify boundaries and configuration of |
| 256 | areas described in subparagraph (b)11.14. due to science-based |
| 257 | refinement of such areas by survey, by habitat evaluation, by |
| 258 | other recognized assessment methodology, or by an environmental |
| 259 | assessment. In order for changes to qualify under this sub- |
| 260 | subparagraph, the survey, habitat evaluation, or assessment must |
| 261 | occur prior to the time a conservation easement protecting such |
| 262 | lands is recorded and must not result in any net decrease in the |
| 263 | total acreage of the lands specifically set aside for permanent |
| 264 | preservation in the final development order. |
| 265 | k. Any other change which the state land planning agency, |
| 266 | in consultation with the regional planning council, agrees in |
| 267 | writing is similar in nature, impact, or character to the |
| 268 | changes enumerated in sub-subparagraphs a.-j. and which does not |
| 269 | create the likelihood of any additional regional impact. |
| 270 |
|
| 271 | This subsection does not require the filing of a notice of |
| 272 | proposed change but shall require an application to the local |
| 273 | government to amend the development order in accordance with the |
| 274 | local government's procedures for amendment of a development |
| 275 | order. In accordance with the local government's procedures, |
| 276 | including requirements for notice to the applicant and the |
| 277 | public, the local government shall either deny the application |
| 278 | for amendment or adopt an amendment to the development order |
| 279 | which approves the application with or without conditions. |
| 280 | Following adoption, the local government shall render to the |
| 281 | state land planning agency the amendment to the development |
| 282 | order. The state land planning agency may appeal, pursuant to s. |
| 283 | 380.07(3), the amendment to the development order if the |
| 284 | amendment involves sub-subparagraph g., sub-subparagraph h., |
| 285 | sub-subparagraph j., or sub-subparagraph k., and it believes the |
| 286 | change creates a reasonable likelihood of new or additional |
| 287 | regional impacts. |
| 288 | 3. Except for the change authorized by sub-subparagraph |
| 289 | 2.f., any addition of land not previously reviewed or any change |
| 290 | not specified in paragraph (b) or paragraph (c) shall be |
| 291 | presumed to create a substantial deviation. This presumption may |
| 292 | be rebutted by clear and convincing evidence. |
| 293 | 4. Any submittal of a proposed change to a previously |
| 294 | approved development shall include a description of individual |
| 295 | changes previously made to the development, including changes |
| 296 | previously approved by the local government. The local |
| 297 | government shall consider the previous and current proposed |
| 298 | changes in deciding whether such changes cumulatively constitute |
| 299 | a substantial deviation requiring further development-of- |
| 300 | regional-impact review. |
| 301 | 5. The following changes to an approved development of |
| 302 | regional impact shall be presumed to create a substantial |
| 303 | deviation. Such presumption may be rebutted by clear and |
| 304 | convincing evidence. |
| 305 | a. A change proposed for 15 percent or more of the acreage |
| 306 | to a land use not previously approved in the development order. |
| 307 | Changes of less than 15 percent shall be presumed not to create |
| 308 | a substantial deviation. |
| 309 | b. Notwithstanding any provision of paragraph (b) to the |
| 310 | contrary, a proposed change consisting of simultaneous increases |
| 311 | and decreases of at least two of the uses within an authorized |
| 312 | multiuse development of regional impact which was originally |
| 313 | approved with three or more uses specified in s. 380.0651(3)(c), |
| 314 | (d), (e), and (f) and residential use. |
| 315 | 6. If a local government agrees to a proposed change, a |
| 316 | change in the transportation proportionate share calculation and |
| 317 | mitigation plan in an adopted development order as a result of |
| 318 | recalculation of the proportionate share contribution meeting |
| 319 | the requirements of s. 163.3180(5)(h) in effect as of the date |
| 320 | of such change shall be presumed not to create a substantial |
| 321 | deviation. For purposes of this subsection, the proposed change |
| 322 | in the proportionate share calculation or mitigation plan shall |
| 323 | not be considered an additional regional transportation impact. |
| 324 |
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| 325 |
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| 326 | ----------------------------------------------------- |
| 327 | D I R E C T O R Y A M E N D M E N T |
| 328 | Remove lines 7528-7529 and insert: |
| 329 | Section 52. Paragraph (b) of subsection (6), paragraph (g) |
| 330 | of subsection (15), paragraphs (b), (c), and (e) of subsection |
| 331 | (19), subsection (24), paragraph (e) of subsection |
| 332 |
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| 333 |
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| 334 | ----------------------------------------------------- |
| 335 | T I T L E A M E N D M E N T |
| 336 | Remove line 116 and insert: |
| 337 | amending s. 380.06, F.S.; revising requirements relating to the |
| 338 | issuance of permits for development by local governments; |
| 339 | revising criteria for the determination of substantial |
| 340 | deviation; providing for extension of |