Florida Senate - 2012 CS for SB 1180
By the Committee on Community Affairs; and Senator Bennett
578-02950-12 20121180c1
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 163.3184, F.S.; requiring that comprehensive plan
4 amendments proposing certain developments follow the
5 state coordinated review process; amending s. 380.06,
6 F.S.; limiting the scope of certain recommendations
7 and comments by reviewing agencies regarding proposed
8 developments; revising certain review criteria for
9 reports and recommendations on the regional impact of
10 proposed developments; requiring regional planning
11 agency reports to contain recommendations consistent
12 with the standards of state permitting agencies and
13 water management districts; providing that specified
14 changes to a development order are not substantial
15 deviations; providing an exemption from development
16 of-regional-impact review for proposed developments
17 that meet specified criteria and are located in
18 certain jurisdictions; providing applicability;
19 amending s. 380.115, F.S.; revising conditions under
20 which a local government is required to rescind a
21 development-of-regional-impact development order;
22 creating s. 163.3165, F.S.; providing for application
23 and approval of an amendment to the local
24 comprehensive plan by the owner of land that meets
25 certain criteria as an agricultural enclave; creating
26 a 2-year permit extension; providing an effective
27 date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (c) of subsection (2) of section
32 163.3184, Florida Statutes, is amended to read:
33 163.3184 Process for adoption of comprehensive plan or plan
34 amendment.—
35 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
36 (c) Plan amendments that are in an area of critical state
37 concern designated pursuant to s. 380.05; propose a rural land
38 stewardship area pursuant to s. 163.3248; propose a sector plan
39 pursuant to s. 163.3245; update a comprehensive plan based on an
40 evaluation and appraisal pursuant to s. 163.3191; propose a
41 development pursuant to s. 380.06(24)(x); or are new plans for
42 newly incorporated municipalities adopted pursuant to s.
43 163.3167 shall follow the state coordinated review process in
44 subsection (4).
45 Section 2. Paragraph (a) of subsection (7), subsection
46 (12), and paragraph (e) of subsection (19) of section 380.06,
47 Florida Statutes, are amended, and paragraph (x) is added to
48 subsection (24) of that section, to read:
49 380.06 Developments of regional impact.—
50 (7) PREAPPLICATION PROCEDURES.—
51 (a) Before filing an application for development approval,
52 the developer shall contact the regional planning agency having
53 with jurisdiction over the proposed development to arrange a
54 preapplication conference. Upon the request of the developer or
55 the regional planning agency, other affected state and regional
56 agencies shall participate in this conference and shall identify
57 the types of permits issued by the agencies, the level of
58 information required, and the permit issuance procedures as
59 applied to the proposed development. The levels of service
60 required in the transportation methodology shall be the same
61 levels of service used to evaluate concurrency in accordance
62 with s. 163.3180. The regional planning agency shall provide the
63 developer information about the development-of-regional-impact
64 process and the use of preapplication conferences to identify
65 issues, coordinate appropriate state and local agency
66 requirements, and otherwise promote a proper and efficient
67 review of the proposed development. If an agreement is reached
68 regarding assumptions and methodology to be used in the
69 application for development approval, the reviewing agencies may
70 not subsequently object to those assumptions and methodologies
71 unless subsequent changes to the project or information obtained
72 during the review make those assumptions and methodologies
73 inappropriate. The reviewing agencies may make only
74 recommendations or comments regarding a proposed development
75 which are consistent with the statutes, rules, or adopted local
76 government ordinances that are applicable to developments in the
77 jurisdiction where the proposed development is located.
78 (12) REGIONAL REPORTS.—
79 (a) Within 50 days after receipt of the notice of public
80 hearing required in paragraph (11)(c), the regional planning
81 agency, if one has been designated for the area including the
82 local government, shall prepare and submit to the local
83 government a report and recommendations on the regional impact
84 of the proposed development. In preparing its report and
85 recommendations, the regional planning agency shall identify
86 regional issues based upon the following review criteria and
87 make recommendations to the local government on these regional
88 issues, specifically considering whether, and the extent to
89 which:
90 1. The development will have a favorable or unfavorable
91 impact on state or regional resources or facilities identified
92 in the applicable state or regional plans. As used in For the
93 purposes of this subsection, the term “applicable state plan”
94 means the state comprehensive plan. As used in For the purposes
95 of this subsection, the term “applicable regional plan” means an
96 adopted comprehensive regional policy plan until the adoption of
97 a strategic regional policy plan pursuant to s. 186.508, and
98 thereafter means an adopted strategic regional policy plan.
99 2. The development will significantly impact adjacent
100 jurisdictions. At the request of the appropriate local
101 government, regional planning agencies may also review and
102 comment upon issues that affect only the requesting local
103 government.
104 3. As one of the issues considered in the review in
105 subparagraphs 1. and 2., the development will favorably or
106 adversely affect the ability of people to find adequate housing
107 reasonably accessible to their places of employment if the
108 regional planning agency has adopted an affordable housing
109 policy as part of its strategic regional policy plan. The
110 determination should take into account information on factors
111 that are relevant to the availability of reasonably accessible
112 adequate housing. Adequate housing means housing that is
113 available for occupancy and that is not substandard.
114 (b) The regional planning agency report must contain
115 recommendations that are consistent with the standards required
116 by the applicable state permitting agencies or the water
117 management district.
118 (c)(b) At the request of the regional planning agency,
119 other appropriate agencies shall review the proposed development
120 and shall prepare reports and recommendations on issues that are
121 clearly within the jurisdiction of those agencies. Such agency
122 reports shall become part of the regional planning agency
123 report; however, the regional planning agency may attach
124 dissenting views. When water management district and Department
125 of Environmental Protection permits have been issued pursuant to
126 chapter 373 or chapter 403, the regional planning council may
127 comment on the regional implications of the permits but may not
128 offer conflicting recommendations.
129 (d)(c) The regional planning agency shall afford the
130 developer or any substantially affected party reasonable
131 opportunity to present evidence to the regional planning agency
132 head relating to the proposed regional agency report and
133 recommendations.
134 (e)(d) If When the location of a proposed development
135 involves land within the boundaries of multiple regional
136 planning councils, the state land planning agency shall
137 designate a lead regional planning council. The lead regional
138 planning council shall prepare the regional report.
139 (19) SUBSTANTIAL DEVIATIONS.—
140 (e)1. Except for a development order rendered pursuant to
141 subsection (22) or subsection (25), a proposed change to a
142 development order which that individually or cumulatively with
143 any previous change is less than any numerical criterion
144 contained in subparagraphs (b)1.-10. and does not exceed any
145 other criterion, or which that involves an extension of the
146 buildout date of a development, or any phase thereof, of less
147 than 5 years is not subject to the public hearing requirements
148 of subparagraph (f)3., and is not subject to a determination
149 pursuant to subparagraph (f)5. Notice of the proposed change
150 shall be made to the regional planning council and the state
151 land planning agency. Such notice must shall include a
152 description of previous individual changes made to the
153 development, including changes previously approved by the local
154 government, and must shall include appropriate amendments to the
155 development order.
156 2. The following changes, individually or cumulatively with
157 any previous changes, are not substantial deviations:
158 a. Changes in the name of the project, developer, owner, or
159 monitoring official.
160 b. Changes to a setback which that do not affect noise
161 buffers, environmental protection or mitigation areas, or
162 archaeological or historical resources.
163 c. Changes to minimum lot sizes.
164 d. Changes in the configuration of internal roads which
165 that do not affect external access points.
166 e. Changes to the building design or orientation which that
167 stay approximately within the approved area designated for such
168 building and parking lot, and which do not affect historical
169 buildings designated as significant by the Division of
170 Historical Resources of the Department of State.
171 f. Changes to increase the acreage in the development, if
172 provided that no development is proposed on the acreage to be
173 added.
174 g. Changes to eliminate an approved land use, if provided
175 that there are no additional regional impacts.
176 h. Changes required to conform to permits approved by any
177 federal, state, or regional permitting agency, if provided that
178 these changes do not create additional regional impacts.
179 i. Any renovation or redevelopment of development within a
180 previously approved development of regional impact which does
181 not change land use or increase density or intensity of use.
182 j. Changes that modify boundaries and configuration of
183 areas described in subparagraph (b)11. due to science-based
184 refinement of such areas by survey, by habitat evaluation, by
185 other recognized assessment methodology, or by an environmental
186 assessment. In order for changes to qualify under this sub
187 subparagraph, the survey, habitat evaluation, or assessment must
188 occur before prior to the time that a conservation easement
189 protecting such lands is recorded and must not result in any net
190 decrease in the total acreage of the lands specifically set
191 aside for permanent preservation in the final development order.
192 k. Changes that do not increase the number of external peak
193 hour trips and do not reduce open space and conserved areas
194 within the project except as otherwise permitted by sub
195 subparagraph j.
196 l.k. Any other change that which the state land planning
197 agency, in consultation with the regional planning council,
198 agrees in writing is similar in nature, impact, or character to
199 the changes enumerated in sub-subparagraphs a.-k. a.-j. and that
200 which does not create the likelihood of any additional regional
201 impact.
202
203 This subsection does not require the filing of a notice of
204 proposed change but requires shall require an application to the
205 local government to amend the development order in accordance
206 with the local government’s procedures for amendment of a
207 development order. In accordance with the local government’s
208 procedures, including requirements for notice to the applicant
209 and the public, the local government shall either deny the
210 application for amendment or adopt an amendment to the
211 development order which approves the application with or without
212 conditions. Following adoption, the local government shall
213 render to the state land planning agency the amendment to the
214 development order. The state land planning agency may appeal,
215 pursuant to s. 380.07(3), the amendment to the development order
216 if the amendment involves sub-subparagraph g., sub-subparagraph
217 h., sub-subparagraph j., or sub-subparagraph k., or sub
218 subparagraph l. and if the agency it believes that the change
219 creates a reasonable likelihood of new or additional regional
220 impacts.
221 3. Except for the change authorized by sub-subparagraph
222 2.f., any addition of land not previously reviewed or any change
223 not specified in paragraph (b) or paragraph (c) shall be
224 presumed to create a substantial deviation. This presumption may
225 be rebutted by clear and convincing evidence.
226 4. Any submittal of a proposed change to a previously
227 approved development must shall include a description of
228 individual changes previously made to the development, including
229 changes previously approved by the local government. The local
230 government shall consider the previous and current proposed
231 changes in deciding whether such changes cumulatively constitute
232 a substantial deviation requiring further development-of
233 regional-impact review.
234 5. The following changes to an approved development of
235 regional impact shall be presumed to create a substantial
236 deviation. Such presumption may be rebutted by clear and
237 convincing evidence.
238 a. A change proposed for 15 percent or more of the acreage
239 to a land use not previously approved in the development order.
240 Changes of less than 15 percent shall be presumed not to create
241 a substantial deviation.
242 b. Notwithstanding any provision of paragraph (b) to the
243 contrary, a proposed change consisting of simultaneous increases
244 and decreases of at least two of the uses within an authorized
245 multiuse development of regional impact which was originally
246 approved with three or more uses specified in s. 380.0651(3)(c),
247 (d), and (e) and residential use.
248 6. If a local government agrees to a proposed change, a
249 change in the transportation proportionate share calculation and
250 mitigation plan in an adopted development order as a result of
251 recalculation of the proportionate share contribution meeting
252 the requirements of s. 163.3180(5)(h) in effect as of the date
253 of such change shall be presumed not to create a substantial
254 deviation. For purposes of this subsection, the proposed change
255 in the proportionate share calculation or mitigation plan may
256 shall not be considered an additional regional transportation
257 impact.
258 (24) STATUTORY EXEMPTIONS.—
259 (x) Any proposed development that is located in a local
260 government jurisdiction that does not qualify for an exemption
261 based on the population and density criteria in s.
262 380.06(29)(a), that is approved as a comprehensive plan
263 amendment adopted pursuant to s. 163.3184(4), that qualifies for
264 an incentive program pursuant to chapter 288, and for which the
265 developer, the local government, and the Department of Economic
266 Opportunity agree in writing that the development-of-regional
267 impact review process does not apply is exempt from this
268 section. This exemption does not apply to areas within the
269 boundary of any area of critical state concern designated
270 pursuant to s. 380.05, within the boundary of the Wekiva Study
271 Area as described in s. 369.316, or within 2 miles of the
272 boundary of the Everglades Protection Area as defined in s.
273 373.4592(2).
274
275 If a use is exempt from review as a development of regional
276 impact under paragraphs (a)-(u), but will be part of a larger
277 project that is subject to review as a development of regional
278 impact, the impact of the exempt use must be included in the
279 review of the larger project, unless such exempt use involves a
280 development of regional impact that includes a landowner,
281 tenant, or user that has entered into a funding agreement with
282 the Department of Economic Opportunity under the Innovation
283 Incentive Program and the agreement contemplates a state award
284 of at least $50 million.
285 Section 3. Subsection (1) of section 380.115, Florida
286 Statutes, is amended to read:
287 380.115 Vested rights and duties; effect of size reduction,
288 changes in guidelines and standards.—
289 (1) A change in a development-of-regional-impact guideline
290 and standard does not abridge or modify any vested or other
291 right or any duty or obligation pursuant to any development
292 order or agreement that is applicable to a development of
293 regional impact. A development that has received a development
294 of-regional-impact development order pursuant to s. 380.06, but
295 is no longer required to undergo development-of-regional-impact
296 review by operation of a change in the guidelines and standards
297 or has reduced its size below the thresholds in s. 380.0651, or
298 a development that is exempt pursuant to s. 380.06(24) or (29)
299 380.06(29) shall be governed by the following procedures:
300 (a) The development shall continue to be governed by the
301 development-of-regional-impact development order and may be
302 completed in reliance upon and pursuant to the development order
303 unless the developer or landowner has followed the procedures
304 for rescission in paragraph (b). Any proposed changes to those
305 developments which continue to be governed by a development
306 order shall be approved pursuant to s. 380.06(19) as it existed
307 before prior to a change in the development-of-regional-impact
308 guidelines and standards, except that all percentage criteria
309 shall be doubled and all other criteria shall be increased by 10
310 percent. The development-of-regional-impact development order
311 may be enforced by the local government as provided by ss.
312 380.06(17) and 380.11.
313 (b) If requested by the developer or landowner, the
314 development-of-regional-impact development order shall be
315 rescinded by the local government having jurisdiction upon a
316 showing that all required mitigation related to the amount of
317 development that existed on the date of rescission has been
318 completed or will be completed under an existing permit or
319 equivalent authorization issued by a governmental agency as
320 defined in s. 380.031(6), provided such permit or authorization
321 is subject to enforcement through administrative or judicial
322 remedies.
323 Section 4. Section 163.3165, Florida Statutes, is created
324 to read:
325 163.3165 Agricultural lands surrounded by other land uses.—
326 (1) Notwithstanding any provision of ss. 163.3162 and
327 163.3164 to the contrary, the owner of a parcel of land that
328 qualifies under this section may apply for an amendment to the
329 local government comprehensive plan pursuant to s. 163.3184. The
330 amendment is presumed not to be urban sprawl as defined in
331 s.163.3164 if it proposes land uses and intensities of use which
332 are consistent with the existing uses and intensities of use of,
333 or consistent with the uses and intensities of use authorized
334 for, the industrial, commercial, or residential areas that
335 surround the parcel. If the parcel of land that is the subject
336 of an application for an amendment under this section is abutted
337 by land having only one land use designation, the same land use
338 designation shall be presumed by the county to be appropriate
339 for the parcel and the county shall grant the parcel the same
340 land use designation as the surrounding parcel that abuts the
341 parcel.
342 (2) In order to qualify as an agricultural enclave under
343 this section, the parcel of land must be a parcel that:
344 (a) Is owned by a single person or entity;
345 (b) Has been in continuous use for bona fide agricultural
346 purposes, as defined by s. 193.461, for a period of 5 years
347 before the date of any comprehensive plan amendment application;
348 (c) Is either:
349 1. Surrounded on at least 90 percent of its perimeter by
350 property that the local government has designated as land that
351 may be developed for industrial, commercial, or residential
352 purposes; or
353 2. Surrounded within a 1-mile radius by existing or
354 authorized residential development that will result in a density
355 at build out of at least 1,000 residents per square mile; and
356 (d) Does not exceed 640 acres.
357 Section 5. (1) Except as provided in subsection (4), and in
358 recognition of 2012 real estate market conditions, any building
359 permit, and any permit issued by the Department of Environmental
360 Protection or by a water management district pursuant to part IV
361 of chapter 373, Florida Statutes, which has an expiration date
362 from January 1, 2012, through January 1, 2014, is extended and
363 renewed for a period of 2 years after its previously scheduled
364 date of expiration. This extension includes any local
365 government-issued development order or building permit,
366 including certificates of levels of service. This section does
367 not prohibit conversion from the construction phase to the
368 operation phase upon completion of construction. This extension
369 is in addition to any existing permit extension. Extensions
370 granted pursuant to this section; section 14 of chapter 2009-96,
371 Laws of Florida, as reauthorized by section 47 of chapter 2010
372 147, Laws of Florida; section 46 of chapter 2010-147, Laws of
373 Florida; section 74 of chapter 2011-139, Laws of Florida; or
374 section 79 of chapter 2011-139, Laws of Florida, may not exceed
375 4 years in total. Further, specific development order extensions
376 granted pursuant to s. 380.06(19)(c)2., Florida Statutes, may
377 not be further extended by this section.
378 (2) The commencement and completion dates for any required
379 mitigation associated with a phased construction project are
380 extended so that mitigation takes place in the same timeframe
381 relative to the phase as originally permitted.
382 (3) The holder of a valid permit or other authorization
383 that is eligible for the 2-year extension must notify the
384 authorizing agency in writing by December 31, 2012, identifying
385 the specific authorization for which the holder intends to use
386 the extension and the anticipated timeframe for acting on the
387 authorization.
388 (4) The extension provided for in subsection (1) does not
389 apply to:
390 (a) A permit or other authorization under any programmatic
391 or regional general permit issued by the Army Corps of
392 Engineers.
393 (b) A permit or other authorization held by an owner or
394 operator determined to be in significant noncompliance with the
395 conditions of the permit or authorization as established through
396 the issuance of a warning letter or notice of violation, the
397 initiation of formal enforcement, or other equivalent action by
398 the authorizing agency.
399 (c) A permit or other authorization that, if granted an
400 extension, would delay or prevent compliance with a court order.
401 (5) Permits extended under this section shall continue to
402 be governed by the rules in effect at the time the permit was
403 issued, except if it is demonstrated that the rules in effect at
404 the time the permit was issued would create an immediate threat
405 to public safety or health. This provision applies to any
406 modification of the plans, terms, and conditions of the permit
407 which lessens the environmental impact, except that any such
408 modification does not extend the time limit beyond 2 additional
409 years.
410 (6) This section does not impair the authority of a county
411 or municipality to require the owner of a property that has
412 notified the county or municipality of the owner’s intent to
413 receive the extension of time granted pursuant to this section
414 to maintain and secure the property in a safe and sanitary
415 condition in compliance with applicable laws and ordinances.
416 Section 6. This act shall take effect July 1, 2012.