Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 1190
Ì787538TÎ787538
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
01/26/2016 .
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The Committee on Community Affairs (Diaz de la Portilla)
recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (c) of subsection (2), paragraph (e)
6 of subsection (5), and paragraph (d) of subsection (7) of
7 section 163.3184, Florida Statutes, are amended to read:
8 163.3184 Process for adoption of comprehensive plan or plan
9 amendment.—
10 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
11 (c) Plan amendments that are in an area of critical state
12 concern designated pursuant to s. 380.05; propose a rural land
13 stewardship area pursuant to s. 163.3248; propose a sector plan
14 pursuant to s. 163.3245 or an amendment to an adopted sector
15 plan; update a comprehensive plan based on an evaluation and
16 appraisal pursuant to s. 163.3191; propose a development that is
17 subject to the state coordinated review process qualifies as a
18 development of regional impact pursuant to s. 380.06; or are new
19 plans for newly incorporated municipalities adopted pursuant to
20 s. 163.3167 must shall follow the state coordinated review
21 process in subsection (4).
22 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
23 AMENDMENTS.—
24 (e) If the administrative law judge recommends that the
25 amendment be found in compliance, the judge shall submit the
26 recommended order to the state land planning agency.
27 1. If the state land planning agency determines that the
28 plan amendment should be found not in compliance, the agency
29 shall make every effort to refer the recommended order and its
30 determination expeditiously to the Administration Commission for
31 final agency action, but at a minimum within the time period
32 provided by s. 120.569.
33 2. If the state land planning agency determines that the
34 plan amendment should be found in compliance, the agency shall
35 make every effort to enter its final order expeditiously, but at
36 a minimum within the time period provided by s. 120.569.
37 3. The recommended order submitted under this paragraph
38 becomes a final order 90 days after issuance unless the state
39 land planning agency acts as provided in subparagraph 1. or
40 subparagraph 2., or all parties consent in writing to an
41 extension of the 90-day period.
42 (7) MEDIATION AND EXPEDITIOUS RESOLUTION.—
43 (d) For a case following the procedures under this
44 subsection, absent a showing of extraordinary circumstances or
45 written consent of the parties, if the administrative law judge
46 recommends that the amendment be found not in compliance, the
47 Administration Commission shall issue a final order, in a case
48 proceeding under subsection (5), within 45 days after the
49 issuance of the recommended order, unless the parties agree in
50 writing to a longer time. If the administrative law judge
51 recommends that the amendment be found in compliance, the state
52 land planning agency shall issue a final order within 45 days
53 after the issuance of the recommended order. If the state land
54 planning agency fails to timely issue a final order, the
55 recommended order finding the amendment to be in compliance
56 immediately becomes final.
57 Section 2. Subsection (1) of section 163.3245, Florida
58 Statutes, is amended to read:
59 163.3245 Sector plans.—
60 (1) In recognition of the benefits of long-range planning
61 for specific areas, local governments or combinations of local
62 governments may adopt into their comprehensive plans a sector
63 plan in accordance with this section. This section is intended
64 to promote and encourage long-term planning for conservation,
65 development, and agriculture on a landscape scale; to further
66 support innovative and flexible planning and development
67 strategies, and the purposes of this part and part I of chapter
68 380; to facilitate protection of regionally significant
69 resources, including, but not limited to, regionally significant
70 water courses and wildlife corridors; and to avoid duplication
71 of effort in terms of the level of data and analysis required
72 for a development of regional impact, while ensuring the
73 adequate mitigation of impacts to applicable regional resources
74 and facilities, including those within the jurisdiction of other
75 local governments, as would otherwise be provided. Sector plans
76 are intended for substantial geographic areas that include at
77 least 5,000 15,000 acres of one or more local governmental
78 jurisdictions and are to emphasize urban form and protection of
79 regionally significant resources and public facilities. A sector
80 plan may not be adopted in an area of critical state concern.
81 Section 3. Subsection (2) of section 171.046, Florida
82 Statutes, is amended to read:
83 171.046 Annexation of enclaves.—
84 (2) In order to expedite the annexation of enclaves of 110
85 10 acres or less into the most appropriate incorporated
86 jurisdiction, based upon existing or proposed service provision
87 arrangements, a municipality may:
88 (a) Annex an enclave by interlocal agreement with the
89 county having jurisdiction of the enclave; or
90 (b) Annex an enclave with fewer than 25 registered voters
91 by municipal ordinance when the annexation is approved in a
92 referendum by at least 60 percent of the registered voters who
93 reside in the enclave.
94 Section 4. Subsection (14), paragraph (g) of subsection
95 (15), paragraphs (b) and (e) of subsection (19), and subsection
96 (30) of section 380.06, Florida Statutes, are amended to read:
97 380.06 Developments of regional impact.—
98 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
99 the development is not located in an area of critical state
100 concern, in considering whether the development is shall be
101 approved, denied, or approved subject to conditions,
102 restrictions, or limitations, the local government shall
103 consider whether, and the extent to which:
104 (a) The development is consistent with the local
105 comprehensive plan and local land development regulations.;
106 (b) The development is consistent with the report and
107 recommendations of the regional planning agency submitted
108 pursuant to subsection (12).; and
109 (c) The development is consistent with the State
110 Comprehensive Plan. In consistency determinations, the plan
111 shall be construed and applied in accordance with s. 187.101(3).
112
113 However, a local government may approve a change to a
114 development authorized as a development of regional impact if
115 the change has the effect of reducing the originally approved
116 height, density, or intensity of the development, and if the
117 revised development would have been consistent with the
118 comprehensive plan in effect when the development was originally
119 approved. If the revised development is approved, the developer
120 may proceed as provided in s. 163.3167(5).
121 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
122 (g) A local government may shall not issue a permit permits
123 for a development subsequent to the buildout date contained in
124 the development order unless:
125 1. The proposed development has been evaluated cumulatively
126 with existing development under the substantial deviation
127 provisions of subsection (19) after subsequent to the
128 termination or expiration date;
129 2. The proposed development is consistent with an
130 abandonment of development order that has been issued in
131 accordance with the provisions of subsection (26);
132 3. The development of regional impact is essentially built
133 out, in that all the mitigation requirements in the development
134 order have been satisfied, all developers are in compliance with
135 all applicable terms and conditions of the development order
136 except the buildout date, and the amount of proposed development
137 that remains to be built is less than 40 percent of any
138 applicable development-of-regional-impact threshold; or
139 4. The project has been determined to be an essentially
140 built out built-out development of regional impact through an
141 agreement executed by the developer, the state land planning
142 agency, and the local government, in accordance with s. 380.032,
143 which will establish the terms and conditions under which the
144 development may be continued. If the project is determined to be
145 essentially built out, development may proceed pursuant to the
146 s. 380.032 agreement after the termination or expiration date
147 contained in the development order without further development
148 of-regional-impact review subject to the local government
149 comprehensive plan and land development regulations or subject
150 to a modified development-of-regional-impact analysis. The
151 parties may amend the agreement without submission, review, or
152 approval of a notification of proposed change pursuant to
153 subsection (19). For the purposes of As used in this paragraph,
154 a an “essentially built-out” development of regional impact is
155 essentially built out, if means:
156 a. The developers are in compliance with all applicable
157 terms and conditions of the development order except the
158 buildout date; and
159 b.(I) The amount of development that remains to be built is
160 less than the substantial deviation threshold specified in
161 paragraph (19)(b) for each individual land use category, or, for
162 a multiuse development, the sum total of all unbuilt land uses
163 as a percentage of the applicable substantial deviation
164 threshold is equal to or less than 100 percent; or
165 (II) The state land planning agency and the local
166 government have agreed in writing that the amount of development
167 to be built does not create the likelihood of any additional
168 regional impact not previously reviewed.
169
170 The single-family residential portions of a development may be
171 considered “essentially built out” if all of the workforce
172 housing obligations and all of the infrastructure and horizontal
173 development have been completed, at least 50 percent of the
174 dwelling units have been completed, and more than 80 percent of
175 the lots have been conveyed to third-party individual lot owners
176 or to individual builders who own no more than 40 lots at the
177 time of the determination. The mobile home park portions of a
178 development may be considered “essentially built out” if all the
179 infrastructure and horizontal development has been completed,
180 and at least 50 percent of the lots are leased to individual
181 mobile home owners. In order to accommodate changing market
182 demands and achieve maximum land use efficiency in an
183 essentially built out project, when a developer is building out
184 a project, a local government, without the concurrence of the
185 state land planning agency, may adopt a resolution authorizing
186 the developer to exchange one approved land use for another
187 approved land use specified in the agreement. Before issuance of
188 a building permit pursuant to an exchange, the developer must
189 demonstrate to the local government that the exchange ratio will
190 not result in a net increase in impacts to public facilities and
191 will meet all applicable requirements of the comprehensive plan
192 and land development code.
193 (19) SUBSTANTIAL DEVIATIONS.—
194 (b) Any proposed change to a previously approved
195 development of regional impact or development order condition
196 which, either individually or cumulatively with other changes,
197 exceeds any of the following criteria in subparagraphs 1.-11.
198 constitutes shall constitute a substantial deviation and shall
199 cause the development to be subject to further development-of
200 regional-impact review through the notice of proposed change
201 process under this subsection. without the necessity for a
202 finding of same by the local government:
203 1. An increase in the number of parking spaces at an
204 attraction or recreational facility by 15 percent or 500 spaces,
205 whichever is greater, or an increase in the number of spectators
206 that may be accommodated at such a facility by 15 percent or
207 1,500 spectators, whichever is greater.
208 2. A new runway, a new terminal facility, a 25 percent
209 lengthening of an existing runway, or a 25 percent increase in
210 the number of gates of an existing terminal, but only if the
211 increase adds at least three additional gates.
212 3. An increase in land area for office development by 15
213 percent or an increase of gross floor area of office development
214 by 15 percent or 100,000 gross square feet, whichever is
215 greater.
216 4. An increase in the number of dwelling units by 10
217 percent or 55 dwelling units, whichever is greater.
218 5. An increase in the number of dwelling units by 50
219 percent or 200 units, whichever is greater, provided that 15
220 percent of the proposed additional dwelling units are dedicated
221 to affordable workforce housing, subject to a recorded land use
222 restriction that shall be for a period of not less than 20 years
223 and that includes resale provisions to ensure long-term
224 affordability for income-eligible homeowners and renters and
225 provisions for the workforce housing to be commenced before
226 prior to the completion of 50 percent of the market rate
227 dwelling. For purposes of this subparagraph, the term
228 “affordable workforce housing” means housing that is affordable
229 to a person who earns less than 120 percent of the area median
230 income, or less than 140 percent of the area median income if
231 located in a county in which the median purchase price for a
232 single-family existing home exceeds the statewide median
233 purchase price of a single-family existing home. For purposes of
234 this subparagraph, the term “statewide median purchase price of
235 a single-family existing home” means the statewide purchase
236 price as determined in the Florida Sales Report, Single-Family
237 Existing Homes, released each January by the Florida Association
238 of Realtors and the University of Florida Real Estate Research
239 Center.
240 6. An increase in commercial development by 60,000 square
241 feet of gross floor area or of parking spaces provided for
242 customers for 425 cars or a 10 percent increase, whichever is
243 greater.
244 7. An increase in a recreational vehicle park area by 10
245 percent or 110 vehicle spaces, whichever is less.
246 8. A decrease in the area set aside for open space of 5
247 percent or 20 acres, whichever is less.
248 9. A proposed increase to an approved multiuse development
249 of regional impact where the sum of the increases of each land
250 use as a percentage of the applicable substantial deviation
251 criteria is equal to or exceeds 110 percent. The percentage of
252 any decrease in the amount of open space shall be treated as an
253 increase for purposes of determining when 110 percent has been
254 reached or exceeded.
255 10. A 15 percent increase in the number of external vehicle
256 trips generated by the development above that which was
257 projected during the original development-of-regional-impact
258 review.
259 11. Any change that would result in development of any area
260 which was specifically set aside in the application for
261 development approval or in the development order for
262 preservation or special protection of endangered or threatened
263 plants or animals designated as endangered, threatened, or
264 species of special concern and their habitat, any species
265 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
266 archaeological and historical sites designated as significant by
267 the Division of Historical Resources of the Department of State.
268 The refinement of the boundaries and configuration of such areas
269 shall be considered under sub-subparagraph (e)2.j.
270
271 The substantial deviation numerical standards in subparagraphs
272 3., 6., and 9., excluding residential uses, and in subparagraph
273 10., are increased by 100 percent for a project certified under
274 s. 403.973 which creates jobs and meets criteria established by
275 the Department of Economic Opportunity as to its impact on an
276 area’s economy, employment, and prevailing wage and skill
277 levels. The substantial deviation numerical standards in
278 subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
279 percent for a project located wholly within an urban infill and
280 redevelopment area designated on the applicable adopted local
281 comprehensive plan future land use map and not located within
282 the coastal high hazard area.
283 (e)1. Except for a development order rendered pursuant to
284 subsection (22) or subsection (25), a proposed change to a
285 development order which individually or cumulatively with any
286 previous change is less than any numerical criterion contained
287 in subparagraphs (b)1.-10. and does not exceed any other
288 criterion, or which involves an extension of the buildout date
289 of a development, or any phase thereof, of less than 5 years is
290 not subject to the public hearing requirements of subparagraph
291 (f)3., and is not subject to a determination pursuant to
292 subparagraph (f)5. Notice of the proposed change shall be made
293 to the regional planning council and the state land planning
294 agency. Such notice must include a description of previous
295 individual changes made to the development, including changes
296 previously approved by the local government, and must include
297 appropriate amendments to the development order.
298 2. The following changes, individually or cumulatively with
299 any previous changes, are not substantial deviations:
300 a. Changes in the name of the project, developer, owner, or
301 monitoring official.
302 b. Changes to a setback which do not affect noise buffers,
303 environmental protection or mitigation areas, or archaeological
304 or historical resources.
305 c. Changes to minimum lot sizes.
306 d. Changes in the configuration of internal roads which do
307 not affect external access points.
308 e. Changes to the building design or orientation which stay
309 approximately within the approved area designated for such
310 building and parking lot, and which do not affect historical
311 buildings designated as significant by the Division of
312 Historical Resources of the Department of State.
313 f. Changes to increase the acreage in the development, if
314 no development is proposed on the acreage to be added.
315 g. Changes to eliminate an approved land use, if there are
316 no additional regional impacts.
317 h. Changes required to conform to permits approved by any
318 federal, state, or regional permitting agency, if these changes
319 do not create additional regional impacts.
320 i. Any renovation or redevelopment of development within a
321 previously approved development of regional impact which does
322 not change land use or increase density or intensity of use.
323 j. Changes that modify boundaries and configuration of
324 areas described in subparagraph (b)11. due to science-based
325 refinement of such areas by survey, by habitat evaluation, by
326 other recognized assessment methodology, or by an environmental
327 assessment. In order for changes to qualify under this sub
328 subparagraph, the survey, habitat evaluation, or assessment must
329 occur before the time that a conservation easement protecting
330 such lands is recorded and must not result in any net decrease
331 in the total acreage of the lands specifically set aside for
332 permanent preservation in the final development order.
333 k. Changes that do not increase the number of external peak
334 hour trips and do not reduce open space and conserved areas
335 within the project except as otherwise permitted by sub
336 subparagraph j.
337 l. A phase date extension, if the state land planning
338 agency, in consultation with the regional planning council and
339 subject to the written concurrence of the Department of
340 Transportation, agrees that the traffic impact is not
341 significant and adverse under applicable state agency rules.
342 m.l. Any other change that the state land planning agency,
343 in consultation with the regional planning council, agrees in
344 writing is similar in nature, impact, or character to the
345 changes enumerated in sub-subparagraphs a.-l. a.-k. and that
346 does not create the likelihood of any additional regional
347 impact.
348
349 This subsection does not require the filing of a notice of
350 proposed change but requires an application to the local
351 government to amend the development order in accordance with the
352 local government’s procedures for amendment of a development
353 order. In accordance with the local government’s procedures,
354 including requirements for notice to the applicant and the
355 public, the local government shall either deny the application
356 for amendment or adopt an amendment to the development order
357 which approves the application with or without conditions.
358 Following adoption, the local government shall render to the
359 state land planning agency the amendment to the development
360 order. The state land planning agency may appeal, pursuant to s.
361 380.07(3), the amendment to the development order if the
362 amendment involves sub-subparagraph g., sub-subparagraph h.,
363 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
364 l. and if the agency believes that the change creates a
365 reasonable likelihood of new or additional regional impacts.
366 3. Except for the change authorized by sub-subparagraph
367 2.f., any addition of land not previously reviewed or any change
368 not specified in paragraph (b) or paragraph (c) shall be
369 presumed to create a substantial deviation. This presumption may
370 be rebutted by clear and convincing evidence.
371 4. Any submittal of a proposed change to a previously
372 approved development must include a description of individual
373 changes previously made to the development, including changes
374 previously approved by the local government. The local
375 government shall consider the previous and current proposed
376 changes in deciding whether such changes cumulatively constitute
377 a substantial deviation requiring further development-of
378 regional-impact review.
379 5. The following changes to an approved development of
380 regional impact shall be presumed to create a substantial
381 deviation. Such presumption may be rebutted by clear and
382 convincing evidence:.
383 a. A change proposed for 15 percent or more of the acreage
384 to a land use not previously approved in the development order.
385 Changes of less than 15 percent shall be presumed not to create
386 a substantial deviation.
387 b. Notwithstanding any provision of paragraph (b) to the
388 contrary, a proposed change consisting of simultaneous increases
389 and decreases of at least two of the uses within an authorized
390 multiuse development of regional impact which was originally
391 approved with three or more uses specified in s. 380.0651(3)(c)
392 and (d) and residential use.
393 6. If a local government agrees to a proposed change, a
394 change in the transportation proportionate share calculation and
395 mitigation plan in an adopted development order as a result of
396 recalculation of the proportionate share contribution meeting
397 the requirements of s. 163.3180(5)(h) in effect as of the date
398 of such change shall be presumed not to create a substantial
399 deviation. For purposes of this subsection, the proposed change
400 in the proportionate share calculation or mitigation plan may
401 not be considered an additional regional transportation impact.
402 (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
403 otherwise subject to the review requirements of this section
404 shall be approved by a local government pursuant to s.
405 163.3184(4) in lieu of proceeding in accordance with this
406 section. However, if the proposed development is consistent with
407 the comprehensive plan as provided in s. 163.3194(3)(b), the
408 development is not required to undergo review pursuant to s.
409 163.3184(4) or this section. This subsection does not apply to
410 amendments to a development order governing an existing
411 development of regional impact.
412 Section 5. Paragraph (c) of subsection (4) of section
413 380.0651, Florida Statutes, is amended to read:
414 380.0651 Statewide guidelines and standards.—
415 (4) Two or more developments, represented by their owners
416 or developers to be separate developments, shall be aggregated
417 and treated as a single development under this chapter when they
418 are determined to be part of a unified plan of development and
419 are physically proximate to one other.
420 (c) Aggregation is not applicable when the following
421 circumstances and provisions of this chapter apply are
422 applicable:
423 1. Developments that which are otherwise subject to
424 aggregation with a development of regional impact which has
425 received approval through the issuance of a final development
426 order may shall not be aggregated with the approved development
427 of regional impact. However, nothing contained in this
428 subparagraph does not shall preclude the state land planning
429 agency from evaluating an allegedly separate development as a
430 substantial deviation pursuant to s. 380.06(19) or as an
431 independent development of regional impact.
432 2. Two or more developments, each of which is independently
433 a development of regional impact that has or will obtain a
434 development order pursuant to s. 380.06.
435 3. Completion of any development that has been vested
436 pursuant to s. 380.05 or s. 380.06, including vested rights
437 arising out of agreements entered into with the state land
438 planning agency for purposes of resolving vested rights issues.
439 Development-of-regional-impact review of additions to vested
440 developments of regional impact shall not include review of the
441 impacts resulting from the vested portions of the development.
442 4. The developments sought to be aggregated were authorized
443 to commence development before prior to September 1, 1988, and
444 could not have been required to be aggregated under the law
445 existing before prior to that date.
446 5. Any development that qualifies for an exemption under s.
447 380.06(29).
448 6. Newly acquired lands intended for development in
449 coordination with developed and existing development of regional
450 impact are not subject to aggregation if such newly acquired
451 lands comprise an area equal to, or less than, 10 percent of the
452 total acreage subject to an existing development-of-regional
453 impact development order.
454 Section 6. Subsection (1) of section 380.115, Florida
455 Statutes, is amended to read:
456 380.115 Vested rights and duties; effect of size reduction,
457 changes in guidelines and standards.—
458 (1) A change in a development-of-regional-impact guideline
459 and standard does not abridge or modify any vested or other
460 right or any duty or obligation pursuant to any development
461 order or agreement that is applicable to a development of
462 regional impact. A development that has received a development
463 of-regional-impact development order pursuant to s. 380.06, but
464 is no longer required to undergo development-of-regional-impact
465 review by operation of a change in the guidelines and standards,
466 a development that or has reduced its size below the thresholds
467 specified in s. 380.0651, or a development that is exempt
468 pursuant to s. 380.06(24) or (29), or a development that elects
469 to rescind the development order are shall be governed by the
470 following procedures:
471 (a) The development shall continue to be governed by the
472 development-of-regional-impact development order and may be
473 completed in reliance upon and pursuant to the development order
474 unless the developer or landowner has followed the procedures
475 for rescission in paragraph (b). Any proposed changes to those
476 developments which continue to be governed by a development
477 order must shall be approved pursuant to s. 380.06(19) as it
478 existed before a change in the development-of-regional-impact
479 guidelines and standards, except that all percentage criteria
480 are shall be doubled and all other criteria are shall be
481 increased by 10 percent. The development-of-regional-impact
482 development order may be enforced by the local government as
483 provided in by ss. 380.06(17) and 380.11.
484 (b) If requested by the developer or landowner, the
485 development-of-regional-impact development order shall be
486 rescinded by the local government having jurisdiction upon a
487 showing that all required mitigation related to the amount of
488 development that existed on the date of rescission has been
489 completed or will be completed under an existing permit or
490 equivalent authorization issued by a governmental agency as
491 defined in s. 380.031(6), if provided such permit or
492 authorization is subject to enforcement through administrative
493 or judicial remedies.
494 Section 7. This act shall take effect July 1, 2016.
495
496 ================= T I T L E A M E N D M E N T ================
497 And the title is amended as follows:
498 Delete everything before the enacting clause
499 and insert:
500 A bill to be entitled
501 An act relating to growth management; amending s.
502 163.3184, F.S.; specifying that certain developments
503 must follow the state coordinated review process;
504 providing timeframes within which the Division of
505 Administrative Hearings must transmit certain
506 recommended orders to the Administration Commission;
507 establishing deadlines for the state land planning
508 agency to take action on recommended orders relating
509 to certain plan amendments; providing a procedure for
510 issuing a final order if the state land planning
511 agency fails to take action; amending s. 163.3245,
512 F.S.; revising the acreage thresholds for sector
513 plans; amending s. 171.046, F.S.; revising the size of
514 an enclave that a municipality may annex on an
515 expedited basis; amending s. 380.06, F.S.; authorizing
516 certain changes to approved developments of regional
517 impact; authorizing parties to amend certain
518 development agreements without submittal, review, or
519 approval of a notification of proposed change;
520 providing criteria under which one approved land use
521 may be submitted for another approved land use in
522 certain land development agreements under certain
523 circumstances; specifying that certain proposed
524 changes to certain developments are a substantial
525 deviation; specifying that such developments must
526 undergo further development-of-regional-impact review;
527 providing that certain phase date extensions to amend
528 a development order are not substantial deviations
529 under certain circumstances; specifying conditions
530 under which certain proposed developments are not
531 required to undergo the state-coordinated review
532 process; amending s. 380.0651, F.S.; providing that
533 lands acquired for development are not subject to
534 aggregation under certain circumstances; amending s.
535 380.115, F.S.; providing the procedures to be used by
536 a development that elects to rescind a development
537 order; providing an effective date.