Florida Senate - 2016 CS for CS for SB 1190
By the Committees on Rules; and Community Affairs; and Senator
Diaz de la Portilla
595-04426-16 20161190c2
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 125.001, F.S.; authorizing local governments to hold
4 joint public meetings to discuss matters of mutual
5 interest upon certain conditions; prohibiting official
6 votes from being taken at such meetings; specifying
7 that such meetings may not take the place of certain
8 required hearings; amending s. 125.045, F.S.;
9 authorizing the governing body of a county to employ
10 tax increment financing in certain areas; requiring
11 the governing body of a county to administer a
12 separate reserve account for tax increment areas for
13 the deposit of tax increment revenues; requiring that
14 tax increment revenues be used to fund only certain
15 activities and projects that directly benefit the tax
16 increment area; specifying determination requirements
17 for a tax increment; prohibiting the Department of
18 Transportation or the Florida Turnpike Enterprise from
19 imposing certain fees on or requiring certain
20 contributions from a commercial or retail development
21 within a tax increment finance area; amending s.
22 163.3184, F.S.; specifying that certain developments
23 must follow the state coordinated review process;
24 providing timeframes within which the Division of
25 Administrative Hearings must transmit certain
26 recommended orders to the Administration Commission;
27 establishing deadlines for the state land planning
28 agency to take action on recommended orders relating
29 to certain plan amendments; providing a procedure for
30 issuing a final order if the state land planning
31 agency fails to take action; amending s. 163.3245,
32 F.S.; revising the acreage thresholds for sector
33 plans; amending s. 171.046, F.S.; revising the size of
34 an enclave that a municipality may annex on an
35 expedited basis; amending s. 380.0555, F.S.; revising
36 the applicability of certain requirements and
37 restrictions relating to areas of critical state
38 concern to the Apalachicola Bay Area; providing that
39 such areas may not be recommended for resignation for
40 a certain time period; specifying that the state land
41 planning agency, rather than the Administration
42 Commission, shall approve modifications to certain
43 local plans and regulations in the Apalachicola Bay
44 Area; providing standards for such review; amending s.
45 380.06, F.S.; authorizing certain changes to approved
46 developments of regional impact; authorizing parties
47 to amend certain development agreements without
48 submittal, review, or approval of a notification of
49 proposed change; revising the meaning of the term
50 “essentially built out” as it relates to such
51 amendments; providing criteria under which one
52 approved land use may be submitted for another
53 approved land use in certain land development
54 agreements under certain circumstances; requiring the
55 local government to consult with the Department of
56 Transportation before approving such exchanges under
57 certain circumstances; specifying that certain
58 proposed changes to certain developments are a
59 substantial deviation; specifying that such
60 developments must undergo further development-of
61 regional-impact review; providing that certain phase
62 date extensions to amend a development order are not
63 substantial deviations under certain circumstances;
64 specifying conditions under which certain proposed
65 developments are not required to undergo the state
66 coordinated review process; amending s. 380.0651,
67 F.S.; providing that lands acquired for development
68 are not subject to aggregation under certain
69 circumstances; amending s. 380.115, F.S.; providing
70 the procedures to be used by a development that elects
71 to rescind a development order; providing an effective
72 date.
73
74 Be It Enacted by the Legislature of the State of Florida:
75
76 Section 1. Section 125.001, Florida Statutes, is amended to
77 read:
78 125.001 Board meetings; notice.—
79 (1) Upon the giving of due public notice, regular and
80 special meetings of the board may be held at any appropriate
81 public place in the county.
82 (2) The board may hold joint public meetings with the
83 governing body or bodies of one or more adjacent municipalities
84 or counties to consider multi-jurisdictional issues at any
85 appropriate public place within the jurisdiction of any
86 participating municipality or county upon the giving of due
87 public notice within the jurisdiction of all participating
88 municipalities or counties.
89 (a) To participate in the joint public meeting, the
90 governing body of a county or municipality must first pass a
91 resolution authorizing such participation.
92 (b) Official votes may not be taken at the joint public
93 meeting.
94 (c) The joint public meeting may not take the place of any
95 public hearing required by law.
96 Section 2. Subsection (6) is added to section 125.045,
97 Florida Statutes, to read:
98 125.045 County economic development powers.—
99 (6)(a) The governing body of a county may designate
100 specific tax increment areas, not to exceed 300 acres, to employ
101 tax increment financing for the purposes of this section. The
102 governing body of the county shall administer a separate reserve
103 account to deposit tax increment revenues for each tax increment
104 area created pursuant to this subsection.
105 (b) Tax increment revenues, including the proceeds of any
106 revenue bonds secured by, and repaid with, such tax increment
107 revenues, shall be used to fund economic development activities,
108 as referenced in this section, and the following infrastructure
109 projects and expenditures, when such projects and expenditures
110 directly benefit the tax increment area:
111 1. Wetland mitigation credits.
112 2. Public roadways, including fill, grading, road surface,
113 curbs, gutters, and roadway drainage.
114 3. Reworked public roadways, including fill, grading, road
115 surface, curbs, gutters, and roadway drainage.
116 4. Site lighting on public property, including roadway
117 lighting and safety lighting.
118 5. Pedestrian walkways that connect development within the
119 tax increment area to public areas.
120 6. Mass transit facilities.
121 7. Off-site highway interchanges, on and off ramps, lane
122 additions, lane widening, reconfigurations, and related highway
123 improvements, such as lighting, striping, and traffic management
124 equipment and systems.
125 8. Off-site roadway and bridge improvements, including
126 intersections, lane additions, lane widening, reconfigurations,
127 and related improvements, such as lighting, striping, and
128 traffic management equipment and systems.
129 9. Off-site preparation costs, including grading,
130 excavation, and related costs.
131 10. Underground utility connection preparation costs,
132 including sanitary sewer, water, power, gas, and communications
133 utilities.
134 11. Off-site stormwater management system and retention
135 structures.
136
137 Such funds may not be used for the construction of buildings
138 used solely for commercial or retail purposes within the tax
139 increment area.
140 (c) The tax increment authorized under this section shall
141 be determined annually and shall be the amount equal to a
142 maximum of 95 percent of the difference between:
143 1. The amount of ad valorem taxes levied each year by the
144 county, exclusive of any amount from any debt service millage,
145 on taxable real property contained within the geographic
146 boundaries of the tax increment area; and
147 2. The amount of ad valorem taxes which would have been
148 produced by the rate upon which the tax is levied each year by
149 or for the county, exclusive of any debt service millage, upon
150 the total of the assessed value of the taxable real property in
151 the tax increment area as shown upon the most recent assessment
152 roll used in connection with the taxation of such property by
153 the county before the establishment of the tax increment area.
154 (d) The Department of Transportation or the Florida
155 Turnpike Enterprise may not impose any fee on, or require any
156 contribution from, a commercial or retail development within a
157 tax increment finance area to fund, or assist in funding, any
158 transportation infrastructure improvement.
159 Section 3. Paragraph (c) of subsection (2), paragraph (e)
160 of subsection (5), and paragraph (d) of subsection (7) of
161 section 163.3184, Florida Statutes, are amended to read:
162 163.3184 Process for adoption of comprehensive plan or plan
163 amendment.—
164 (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
165 (c) Plan amendments that are in an area of critical state
166 concern designated pursuant to s. 380.05; propose a rural land
167 stewardship area pursuant to s. 163.3248; propose a sector plan
168 pursuant to s. 163.3245 or an amendment to an adopted sector
169 plan; update a comprehensive plan based on an evaluation and
170 appraisal pursuant to s. 163.3191; propose a development that is
171 subject to the state coordinated review process qualifies as a
172 development of regional impact pursuant to s. 380.06; or are new
173 plans for newly incorporated municipalities adopted pursuant to
174 s. 163.3167 must shall follow the state coordinated review
175 process in subsection (4).
176 (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
177 AMENDMENTS.—
178 (e) If the administrative law judge recommends that the
179 amendment be found in compliance, the judge shall submit the
180 recommended order to the state land planning agency.
181 1. If the state land planning agency determines that the
182 plan amendment should be found not in compliance, the agency
183 shall make every effort to refer the recommended order and its
184 determination expeditiously to the Administration Commission for
185 final agency action, but at a minimum within the time period
186 provided by s. 120.569.
187 2. If the state land planning agency determines that the
188 plan amendment should be found in compliance, the agency shall
189 make every effort to enter its final order expeditiously, but at
190 a minimum within the time period provided by s. 120.569.
191 3. The recommended order submitted under this paragraph
192 becomes a final order 90 days after issuance unless the state
193 land planning agency acts as provided in subparagraph 1. or
194 subparagraph 2., or all parties consent in writing to an
195 extension of the 90-day period.
196 (7) MEDIATION AND EXPEDITIOUS RESOLUTION.—
197 (d) For a case following the procedures under this
198 subsection, absent a showing of extraordinary circumstances or
199 written consent of the parties, if the administrative law judge
200 recommends that the amendment be found not in compliance, the
201 Administration Commission shall issue a final order, in a case
202 proceeding under subsection (5), within 45 days after the
203 issuance of the recommended order, unless the parties agree in
204 writing to a longer time. If the administrative law judge
205 recommends that the amendment be found in compliance, the state
206 land planning agency shall issue a final order within 45 days
207 after the issuance of the recommended order. If the state land
208 planning agency fails to timely issue a final order, the
209 recommended order finding the amendment to be in compliance
210 immediately becomes final.
211 Section 4. Subsection (1) of section 163.3245, Florida
212 Statutes, is amended to read:
213 163.3245 Sector plans.—
214 (1) In recognition of the benefits of long-range planning
215 for specific areas, local governments or combinations of local
216 governments may adopt into their comprehensive plans a sector
217 plan in accordance with this section. This section is intended
218 to promote and encourage long-term planning for conservation,
219 development, and agriculture on a landscape scale; to further
220 support innovative and flexible planning and development
221 strategies, and the purposes of this part and part I of chapter
222 380; to facilitate protection of regionally significant
223 resources, including, but not limited to, regionally significant
224 water courses and wildlife corridors; and to avoid duplication
225 of effort in terms of the level of data and analysis required
226 for a development of regional impact, while ensuring the
227 adequate mitigation of impacts to applicable regional resources
228 and facilities, including those within the jurisdiction of other
229 local governments, as would otherwise be provided. Sector plans
230 are intended for substantial geographic areas that include at
231 least 5,000 15,000 acres of one or more local governmental
232 jurisdictions and are to emphasize urban form and protection of
233 regionally significant resources and public facilities. A sector
234 plan may not be adopted in an area of critical state concern.
235 Section 5. Subsection (2) of section 171.046, Florida
236 Statutes, is amended to read:
237 171.046 Annexation of enclaves.—
238 (2) In order to expedite the annexation of enclaves of 110
239 10 acres or less into the most appropriate incorporated
240 jurisdiction, based upon existing or proposed service provision
241 arrangements, a municipality may:
242 (a) Annex an enclave by interlocal agreement with the
243 county having jurisdiction of the enclave; or
244 (b) Annex an enclave with fewer than 25 registered voters
245 by municipal ordinance when the annexation is approved in a
246 referendum by at least 60 percent of the registered voters who
247 reside in the enclave.
248 Section 6. Subsection (5), paragraph (b) of subsection (8),
249 and subsection (9) of section 380.0555, Florida Statutes, are
250 amended to read:
251 380.0555 Apalachicola Bay Area; protection and designation
252 as area of critical state concern.—
253 (5) APPLICATION OF CHAPTER 380 PROVISIONS.—Section
254 380.05(1)-(5) (6), (8), (9),-(12), (15), (17), and (21), shall
255 not apply to the area designated by this act for so long as the
256 designation remains in effect. Except as otherwise provided in
257 this act, s. 380.045 shall not apply to the area designated by
258 this act. All other provisions of this chapter shall apply,
259 including ss. 380.07 and 380.11, except that the “local
260 development regulations” in s. 380.05(13) shall include the
261 regulations set forth in subsection (8) for purposes of s.
262 380.05(13), and the plan or plans submitted pursuant to s.
263 380.05(14) shall be submitted no later than February 1, 1986.
264 All or part of the area designated by this act may be
265 redesignated pursuant to s. 380.05 as if it had been initially
266 designated pursuant to that section.
267 (8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT
268 REGULATIONS.—
269 (b) Conflicting regulations.—In the event of any
270 inconsistency between subparagraph (a)1. and subparagraphs
271 (a)2.-11., subparagraph (a)1. shall control. Further, in the
272 event of any inconsistency between subsection (7) and paragraph
273 (a) of this subsection and a development order issued pursuant
274 to s. 380.06, which has become final prior to June 18, 1985, or
275 between subsection (7) and paragraph (a) and an amendment to a
276 final development order, which amendment has been requested
277 prior to April 2, 1985, the development order or amendment
278 thereto shall control. However, any modification to paragraph
279 (a) enacted by a local government and approved by the state land
280 planning agency Administration Commission pursuant to subsection
281 (9) may provide whether it shall control over an inconsistent
282 provision of a development order or amendment thereto. A
283 development order or any amendment thereto referred to in this
284 paragraph shall not be subject to approval by the state land
285 planning agency Administration Commission pursuant to subsection
286 (9).
287 (9) MODIFICATION TO PLANS AND REGULATIONS.—Any land
288 development regulation or element of a local comprehensive plan
289 in the Apalachicola Bay Area may be enacted, amended, or
290 rescinded by a local government, but the enactment, amendment,
291 or rescission becomes effective only upon the approval thereof
292 by the state land planning agency Administration Commission. The
293 state land planning agency shall review the proposed change to
294 determine if it complies with the principles for guiding
295 development specified in subsection (7) and must approve or
296 reject the requested change as provided in s. 380.05. Further,
297 the state land planning agency, after consulting with the
298 appropriate local government, may, from time to time, recommend
299 the enactment, amendment, or rescission of a land development
300 regulation or element of a comprehensive plan. Within 45 days
301 following the receipt of such recommendation by the state land
302 planning agency or enactment, amendment, or rescission by a
303 local government the commission shall reject the recommendation,
304 enactment, amendment, or rescission or accept it with or without
305 modification and adopt, by rule, any changes. Any such local
306 land development regulation or comprehensive plan or part of
307 such regulation or plan may be adopted by the commission if it
308 finds that it is in compliance with the principles for guiding
309 development.
310 Section 7. Subsection (14), paragraph (g) of subsection
311 (15), paragraphs (b) and (e) of subsection (19), and subsection
312 (30) of section 380.06, Florida Statutes, are amended to read:
313 380.06 Developments of regional impact.—
314 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
315 the development is not located in an area of critical state
316 concern, in considering whether the development is shall be
317 approved, denied, or approved subject to conditions,
318 restrictions, or limitations, the local government shall
319 consider whether, and the extent to which:
320 (a) The development is consistent with the local
321 comprehensive plan and local land development regulations.;
322 (b) The development is consistent with the report and
323 recommendations of the regional planning agency submitted
324 pursuant to subsection (12).; and
325 (c) The development is consistent with the State
326 Comprehensive Plan. In consistency determinations, the plan
327 shall be construed and applied in accordance with s. 187.101(3).
328
329 However, a local government may approve a change to a
330 development authorized as a development of regional impact if
331 the change has the effect of reducing the originally approved
332 height, density, or intensity of the development, and if the
333 revised development would have been consistent with the
334 comprehensive plan in effect when the development was originally
335 approved. If the revised development is approved, the developer
336 may proceed as provided in s. 163.3167(5).
337 (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
338 (g) A local government may shall not issue a permit permits
339 for a development subsequent to the buildout date contained in
340 the development order unless:
341 1. The proposed development has been evaluated cumulatively
342 with existing development under the substantial deviation
343 provisions of subsection (19) after subsequent to the
344 termination or expiration date;
345 2. The proposed development is consistent with an
346 abandonment of development order that has been issued in
347 accordance with the provisions of subsection (26);
348 3. The development of regional impact is essentially built
349 out, in that all the mitigation requirements in the development
350 order have been satisfied, all developers are in compliance with
351 all applicable terms and conditions of the development order
352 except the buildout date, and the amount of proposed development
353 that remains to be built is less than 40 percent of any
354 applicable development-of-regional-impact threshold; or
355 4. The project has been determined to be an essentially
356 built out built-out development of regional impact through an
357 agreement executed by the developer, the state land planning
358 agency, and the local government, in accordance with s. 380.032,
359 which will establish the terms and conditions under which the
360 development may be continued. If the project is determined to be
361 essentially built out, development may proceed pursuant to the
362 s. 380.032 agreement after the termination or expiration date
363 contained in the development order without further development
364 of-regional-impact review subject to the local government
365 comprehensive plan and land development regulations or subject
366 to a modified development-of-regional-impact analysis. The
367 parties may amend the agreement without submission, review, or
368 approval of a notification of proposed change pursuant to
369 subsection (19). For the purposes of As used in this paragraph,
370 a an “essentially built-out” development of regional impact is
371 essentially built out, if means:
372 a. The developers are in compliance with all applicable
373 terms and conditions of the development order except the
374 buildout date or reporting requirements; and
375 b.(I) The amount of development that remains to be built is
376 less than the substantial deviation threshold specified in
377 paragraph (19)(b) for each individual land use category, or, for
378 a multiuse development, the sum total of all unbuilt land uses
379 as a percentage of the applicable substantial deviation
380 threshold is equal to or less than 100 percent; or
381 (II) The state land planning agency and the local
382 government have agreed in writing that the amount of development
383 to be built does not create the likelihood of any additional
384 regional impact not previously reviewed.
385
386 The single-family residential portions of a development may be
387 considered “essentially built out” if all of the workforce
388 housing obligations and all of the infrastructure and horizontal
389 development have been completed, at least 50 percent of the
390 dwelling units have been completed, and more than 80 percent of
391 the lots have been conveyed to third-party individual lot owners
392 or to individual builders who own no more than 40 lots at the
393 time of the determination. The mobile home park portions of a
394 development may be considered “essentially built out” if all the
395 infrastructure and horizontal development has been completed,
396 and at least 50 percent of the lots are leased to individual
397 mobile home owners. In order to accommodate changing market
398 demands and achieve maximum land use efficiency in an
399 essentially built out project, when a developer is building out
400 a project, a local government, without the concurrence of the
401 state land planning agency, may adopt a resolution authorizing
402 the developer to exchange one approved land use for another
403 approved land use specified in the agreement. Before issuance of
404 a building permit pursuant to an exchange, the developer must
405 demonstrate to the local government that the exchange ratio will
406 not result in a net increase in impacts to public facilities and
407 will meet all applicable requirements of the comprehensive plan
408 and land development code. For developments previously
409 determined to impact strategic intermodal facilities as defined
410 in s. 339.63, the local government shall consult with the
411 Department of Transportation before approving the exchange.
412 (19) SUBSTANTIAL DEVIATIONS.—
413 (b) Any proposed change to a previously approved
414 development of regional impact or development order condition
415 which, either individually or cumulatively with other changes,
416 exceeds any of the following criteria in subparagraphs 1.-11.
417 constitutes shall constitute a substantial deviation and shall
418 cause the development to be subject to further development-of
419 regional-impact review through the notice of proposed change
420 process under this subsection. without the necessity for a
421 finding of same by the local government:
422 1. An increase in the number of parking spaces at an
423 attraction or recreational facility by 15 percent or 500 spaces,
424 whichever is greater, or an increase in the number of spectators
425 that may be accommodated at such a facility by 15 percent or
426 1,500 spectators, whichever is greater.
427 2. A new runway, a new terminal facility, a 25 percent
428 lengthening of an existing runway, or a 25 percent increase in
429 the number of gates of an existing terminal, but only if the
430 increase adds at least three additional gates.
431 3. An increase in land area for office development by 15
432 percent or an increase of gross floor area of office development
433 by 15 percent or 100,000 gross square feet, whichever is
434 greater.
435 4. An increase in the number of dwelling units by 10
436 percent or 55 dwelling units, whichever is greater.
437 5. An increase in the number of dwelling units by 50
438 percent or 200 units, whichever is greater, provided that 15
439 percent of the proposed additional dwelling units are dedicated
440 to affordable workforce housing, subject to a recorded land use
441 restriction that shall be for a period of not less than 20 years
442 and that includes resale provisions to ensure long-term
443 affordability for income-eligible homeowners and renters and
444 provisions for the workforce housing to be commenced before
445 prior to the completion of 50 percent of the market rate
446 dwelling. For purposes of this subparagraph, the term
447 “affordable workforce housing” means housing that is affordable
448 to a person who earns less than 120 percent of the area median
449 income, or less than 140 percent of the area median income if
450 located in a county in which the median purchase price for a
451 single-family existing home exceeds the statewide median
452 purchase price of a single-family existing home. For purposes of
453 this subparagraph, the term “statewide median purchase price of
454 a single-family existing home” means the statewide purchase
455 price as determined in the Florida Sales Report, Single-Family
456 Existing Homes, released each January by the Florida Association
457 of Realtors and the University of Florida Real Estate Research
458 Center.
459 6. An increase in commercial development by 60,000 square
460 feet of gross floor area or of parking spaces provided for
461 customers for 425 cars or a 10 percent increase, whichever is
462 greater.
463 7. An increase in a recreational vehicle park area by 10
464 percent or 110 vehicle spaces, whichever is less.
465 8. A decrease in the area set aside for open space of 5
466 percent or 20 acres, whichever is less.
467 9. A proposed increase to an approved multiuse development
468 of regional impact where the sum of the increases of each land
469 use as a percentage of the applicable substantial deviation
470 criteria is equal to or exceeds 110 percent. The percentage of
471 any decrease in the amount of open space shall be treated as an
472 increase for purposes of determining when 110 percent has been
473 reached or exceeded.
474 10. A 15 percent increase in the number of external vehicle
475 trips generated by the development above that which was
476 projected during the original development-of-regional-impact
477 review.
478 11. Any change that would result in development of any area
479 which was specifically set aside in the application for
480 development approval or in the development order for
481 preservation or special protection of endangered or threatened
482 plants or animals designated as endangered, threatened, or
483 species of special concern and their habitat, any species
484 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
485 archaeological and historical sites designated as significant by
486 the Division of Historical Resources of the Department of State.
487 The refinement of the boundaries and configuration of such areas
488 shall be considered under sub-subparagraph (e)2.j.
489
490 The substantial deviation numerical standards in subparagraphs
491 3., 6., and 9., excluding residential uses, and in subparagraph
492 10., are increased by 100 percent for a project certified under
493 s. 403.973 which creates jobs and meets criteria established by
494 the Department of Economic Opportunity as to its impact on an
495 area’s economy, employment, and prevailing wage and skill
496 levels. The substantial deviation numerical standards in
497 subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
498 percent for a project located wholly within an urban infill and
499 redevelopment area designated on the applicable adopted local
500 comprehensive plan future land use map and not located within
501 the coastal high hazard area.
502 (e)1. Except for a development order rendered pursuant to
503 subsection (22) or subsection (25), a proposed change to a
504 development order which individually or cumulatively with any
505 previous change is less than any numerical criterion contained
506 in subparagraphs (b)1.-10. and does not exceed any other
507 criterion, or which involves an extension of the buildout date
508 of a development, or any phase thereof, of less than 5 years is
509 not subject to the public hearing requirements of subparagraph
510 (f)3., and is not subject to a determination pursuant to
511 subparagraph (f)5. Notice of the proposed change shall be made
512 to the regional planning council and the state land planning
513 agency. Such notice must include a description of previous
514 individual changes made to the development, including changes
515 previously approved by the local government, and must include
516 appropriate amendments to the development order.
517 2. The following changes, individually or cumulatively with
518 any previous changes, are not substantial deviations:
519 a. Changes in the name of the project, developer, owner, or
520 monitoring official.
521 b. Changes to a setback which do not affect noise buffers,
522 environmental protection or mitigation areas, or archaeological
523 or historical resources.
524 c. Changes to minimum lot sizes.
525 d. Changes in the configuration of internal roads which do
526 not affect external access points.
527 e. Changes to the building design or orientation which stay
528 approximately within the approved area designated for such
529 building and parking lot, and which do not affect historical
530 buildings designated as significant by the Division of
531 Historical Resources of the Department of State.
532 f. Changes to increase the acreage in the development, if
533 no development is proposed on the acreage to be added.
534 g. Changes to eliminate an approved land use, if there are
535 no additional regional impacts.
536 h. Changes required to conform to permits approved by any
537 federal, state, or regional permitting agency, if these changes
538 do not create additional regional impacts.
539 i. Any renovation or redevelopment of development within a
540 previously approved development of regional impact which does
541 not change land use or increase density or intensity of use.
542 j. Changes that modify boundaries and configuration of
543 areas described in subparagraph (b)11. due to science-based
544 refinement of such areas by survey, by habitat evaluation, by
545 other recognized assessment methodology, or by an environmental
546 assessment. In order for changes to qualify under this sub
547 subparagraph, the survey, habitat evaluation, or assessment must
548 occur before the time that a conservation easement protecting
549 such lands is recorded and must not result in any net decrease
550 in the total acreage of the lands specifically set aside for
551 permanent preservation in the final development order.
552 k. Changes that do not increase the number of external peak
553 hour trips and do not reduce open space and conserved areas
554 within the project except as otherwise permitted by sub
555 subparagraph j.
556 l. A phase date extension, if the state land planning
557 agency, in consultation with the regional planning council and
558 subject to the written concurrence of the Department of
559 Transportation, agrees that the traffic impact is not
560 significant and adverse under applicable state agency rules.
561 m.l. Any other change that the state land planning agency,
562 in consultation with the regional planning council, agrees in
563 writing is similar in nature, impact, or character to the
564 changes enumerated in sub-subparagraphs a.-l. a.-k. and that
565 does not create the likelihood of any additional regional
566 impact.
567
568 This subsection does not require the filing of a notice of
569 proposed change but requires an application to the local
570 government to amend the development order in accordance with the
571 local government’s procedures for amendment of a development
572 order. In accordance with the local government’s procedures,
573 including requirements for notice to the applicant and the
574 public, the local government shall either deny the application
575 for amendment or adopt an amendment to the development order
576 which approves the application with or without conditions.
577 Following adoption, the local government shall render to the
578 state land planning agency the amendment to the development
579 order. The state land planning agency may appeal, pursuant to s.
580 380.07(3), the amendment to the development order if the
581 amendment involves sub-subparagraph g., sub-subparagraph h.,
582 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
583 l. and if the agency believes that the change creates a
584 reasonable likelihood of new or additional regional impacts.
585 3. Except for the change authorized by sub-subparagraph
586 2.f., any addition of land not previously reviewed or any change
587 not specified in paragraph (b) or paragraph (c) shall be
588 presumed to create a substantial deviation. This presumption may
589 be rebutted by clear and convincing evidence.
590 4. Any submittal of a proposed change to a previously
591 approved development must include a description of individual
592 changes previously made to the development, including changes
593 previously approved by the local government. The local
594 government shall consider the previous and current proposed
595 changes in deciding whether such changes cumulatively constitute
596 a substantial deviation requiring further development-of
597 regional-impact review.
598 5. The following changes to an approved development of
599 regional impact shall be presumed to create a substantial
600 deviation. Such presumption may be rebutted by clear and
601 convincing evidence:.
602 a. A change proposed for 15 percent or more of the acreage
603 to a land use not previously approved in the development order.
604 Changes of less than 15 percent shall be presumed not to create
605 a substantial deviation.
606 b. Notwithstanding any provision of paragraph (b) to the
607 contrary, a proposed change consisting of simultaneous increases
608 and decreases of at least two of the uses within an authorized
609 multiuse development of regional impact which was originally
610 approved with three or more uses specified in s. 380.0651(3)(c)
611 and (d) and residential use.
612 6. If a local government agrees to a proposed change, a
613 change in the transportation proportionate share calculation and
614 mitigation plan in an adopted development order as a result of
615 recalculation of the proportionate share contribution meeting
616 the requirements of s. 163.3180(5)(h) in effect as of the date
617 of such change shall be presumed not to create a substantial
618 deviation. For purposes of this subsection, the proposed change
619 in the proportionate share calculation or mitigation plan may
620 not be considered an additional regional transportation impact.
621 (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
622 otherwise subject to the review requirements of this section
623 shall be approved by a local government pursuant to s.
624 163.3184(4) in lieu of proceeding in accordance with this
625 section. However, if the proposed development is consistent with
626 the comprehensive plan as provided in s. 163.3194(3)(b), the
627 development is not required to undergo review pursuant to s.
628 163.3184(4) or this section. This subsection does not apply to
629 amendments to a development order governing an existing
630 development of regional impact.
631 Section 8. Paragraph (c) of subsection (4) of section
632 380.0651, Florida Statutes, is amended to read:
633 380.0651 Statewide guidelines and standards.—
634 (4) Two or more developments, represented by their owners
635 or developers to be separate developments, shall be aggregated
636 and treated as a single development under this chapter when they
637 are determined to be part of a unified plan of development and
638 are physically proximate to one other.
639 (c) Aggregation is not applicable when the following
640 circumstances and provisions of this chapter apply are
641 applicable:
642 1. Developments that which are otherwise subject to
643 aggregation with a development of regional impact which has
644 received approval through the issuance of a final development
645 order may shall not be aggregated with the approved development
646 of regional impact. However, nothing contained in this
647 subparagraph does not shall preclude the state land planning
648 agency from evaluating an allegedly separate development as a
649 substantial deviation pursuant to s. 380.06(19) or as an
650 independent development of regional impact.
651 2. Two or more developments, each of which is independently
652 a development of regional impact that has or will obtain a
653 development order pursuant to s. 380.06.
654 3. Completion of any development that has been vested
655 pursuant to s. 380.05 or s. 380.06, including vested rights
656 arising out of agreements entered into with the state land
657 planning agency for purposes of resolving vested rights issues.
658 Development-of-regional-impact review of additions to vested
659 developments of regional impact shall not include review of the
660 impacts resulting from the vested portions of the development.
661 4. The developments sought to be aggregated were authorized
662 to commence development before prior to September 1, 1988, and
663 could not have been required to be aggregated under the law
664 existing before prior to that date.
665 5. Any development that qualifies for an exemption under s.
666 380.06(29).
667 6. Newly acquired lands intended for development in
668 coordination with developed and existing development of regional
669 impact are not subject to aggregation if such newly acquired
670 lands comprise an area equal to, or less than, 10 percent of the
671 total acreage subject to an existing development-of-regional
672 impact development order.
673 Section 9. Subsection (1) of section 380.115, Florida
674 Statutes, is amended to read:
675 380.115 Vested rights and duties; effect of size reduction,
676 changes in guidelines and standards.—
677 (1) A change in a development-of-regional-impact guideline
678 and standard does not abridge or modify any vested or other
679 right or any duty or obligation pursuant to any development
680 order or agreement that is applicable to a development of
681 regional impact. A development that has received a development
682 of-regional-impact development order pursuant to s. 380.06, but
683 is no longer required to undergo development-of-regional-impact
684 review by operation of a change in the guidelines and standards,
685 a development that or has reduced its size below the thresholds
686 specified in s. 380.0651, or a development that is exempt
687 pursuant to s. 380.06(24) or (29), or a development that elects
688 to rescind the development order are shall be governed by the
689 following procedures:
690 (a) The development shall continue to be governed by the
691 development-of-regional-impact development order and may be
692 completed in reliance upon and pursuant to the development order
693 unless the developer or landowner has followed the procedures
694 for rescission in paragraph (b). Any proposed changes to those
695 developments which continue to be governed by a development
696 order must shall be approved pursuant to s. 380.06(19) as it
697 existed before a change in the development-of-regional-impact
698 guidelines and standards, except that all percentage criteria
699 are shall be doubled and all other criteria are shall be
700 increased by 10 percent. The development-of-regional-impact
701 development order may be enforced by the local government as
702 provided in by ss. 380.06(17) and 380.11.
703 (b) If requested by the developer or landowner, the
704 development-of-regional-impact development order shall be
705 rescinded by the local government having jurisdiction upon a
706 showing that all required mitigation related to the amount of
707 development that existed on the date of rescission has been
708 completed or will be completed under an existing permit or
709 equivalent authorization issued by a governmental agency as
710 defined in s. 380.031(6), if provided such permit or
711 authorization is subject to enforcement through administrative
712 or judicial remedies.
713 Section 10. This act shall take effect July 1, 2016.