Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1244
Ì113064~Î113064
576-03010A-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Transportation, Tourism, and
Economic Development)
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 165.0615, F.S.; adding a minimum population standard
4 as a criteria that must be met before qualified
5 electors of an independent special district commence a
6 certain municipal conversion proceeding; amending s.
7 380.06, F.S.; revising the statewide guidelines and
8 standards for developments of regional impact;
9 deleting criteria that the Administration Commission
10 is required to consider in adopting its guidelines and
11 standards; revising provisions relating to the
12 application of guidelines and standards; revising
13 provisions relating to variations and thresholds for
14 such guidelines and standards; deleting provisions
15 relating to the issuance of binding letters;
16 specifying that previously issued letters remain valid
17 unless previously expired; specifying the procedure
18 for amending a binding letter of interpretation;
19 specifying that previously issued clearance letters
20 remain valid unless previously expired; deleting
21 provisions relating to authorizations to develop,
22 applications for approval of development, concurrent
23 plan amendments, preapplication procedures,
24 preliminary development agreements, conceptual agency
25 review, application sufficiency, local notice,
26 regional reports, and criteria for the approval of
27 developments inside and outside areas of critical
28 state concern; revising provisions relating to local
29 government development orders; specifying that
30 amendments to a development order for an approved
31 development may not amend to an earlier date the date
32 before when a development would be subject to
33 downzoning, unit density reduction, or intensity
34 reduction, except under certain conditions; removing a
35 requirement that certain conditions of a development
36 order meet specified criteria; specifying that
37 construction of certain mitigation-of-impact
38 facilities is not subject to competitive bidding or
39 competitive negotiation for selection of a contractor
40 or design professional; removing requirements relating
41 to local government approval of developments of
42 regional impact that do not meet certain requirements;
43 removing a requirement that the Department of Economic
44 Opportunity and other agencies cooperate in preparing
45 certain ordinances; authorizing developers to record
46 notice of certain rescinded development orders;
47 specifying that certain agreements regarding
48 developments that are essentially built out remain
49 valid unless previously expired; deleting requirements
50 for a local government to issue a permit for a
51 development subsequent to the buildout date contained
52 in the development order; specifying that amendments
53 to development orders do not diminish or otherwise
54 alter certain credits for a development order exaction
55 or fee against impact fees, mobility fees, or
56 exactions; deleting a provision relating to the
57 determination of certain credits for impact fees or
58 extractions; deleting a provision exempting a
59 nongovernmental developer from being required to
60 competitively bid or negotiate construction or design
61 of certain facilities except under certain
62 circumstances; specifying that certain capital
63 contribution front-ending agreements remain valid
64 unless previously expired; deleting a provision
65 relating to local monitoring; revising requirements
66 for developers regarding reporting to local
67 governments and specifying that such reports are not
68 required unless required by a local government with
69 jurisdiction over a development; revising the
70 requirements and procedure for proposed changes to a
71 previously approved development of regional impact and
72 deleting rulemaking requirements relating to such
73 procedure; revising provisions relating to the
74 approval of such changes; specifying that certain
75 extensions previously granted by statute are still
76 valid and not subject to review or modification;
77 deleting provisions relating to determinations as to
78 whether a proposed change is a substantial deviation;
79 deleting provisions relating to comprehensive
80 development-of-regional-impact applications and master
81 plan development orders; specifying that certain
82 agreements that include two or more developments of
83 regional impact which were the subject of a
84 comprehensive development-of-regional-impact
85 application remain valid unless previously expired;
86 deleting provisions relating to downtown development
87 authorities; deleting provisions relating to adoption
88 of rules by the state land planning agency; deleting
89 statutory exemptions from development-of-regional
90 impact review; specifying that an approval of an
91 authorized developer for an areawide development of
92 regional impact remains valid unless previously
93 expired; deleting provisions relating to areawide
94 developments of regional impact; deleting an
95 authorization for the state land planning agency to
96 adopt rules relating to abandonment of developments of
97 regional impact; requiring local governments to file a
98 notice of abandonment under certain conditions;
99 deleting an authorization for the state land planning
100 agency to adopt a procedure for filing such notice;
101 requiring a development-of-regional-impact development
102 order to be abandoned by a local government under
103 certain conditions; deleting a provision relating to
104 abandonment of developments of regional impact in
105 certain high-hazard coastal areas; authorizing local
106 governments to approve abandonment of development
107 orders for an approved development under certain
108 conditions; deleting a provision relating to rights,
109 responsibilities, and obligations under a development
110 order; deleting partial exemptions from development-of
111 regional-impact review; deleting exemptions for dense
112 urban land areas; specifying that proposed
113 developments that exceed the statewide guidelines and
114 standards and that are not otherwise exempt be
115 approved by local governments instead of through
116 specified development-of-regional-impact proceedings;
117 amending s. 380.061, F.S.; specifying that the Florida
118 Quality Developments program only applies to
119 previously approved developments in the program before
120 the effective date of the act; specifying a process
121 for local governments to adopt a local development
122 order to replace and supersede the development order
123 adopted by the state land planning agency for the
124 Florida Quality Developments; deleting program intent,
125 eligibility requirements, rulemaking authorizations,
126 and application and approval requirements and
127 processes; deleting an appeals process and the Quality
128 Developments Review Board; amending s. 380.0651, F.S.;
129 deleting provisions relating to the superseding of
130 guidelines and standards adopted by the Administration
131 Commission and the publishing of guidelines and
132 standards by the Administration Commission; conforming
133 a provision to changes made by the act; specifying
134 exemptions and partial exemptions from development-of
135 regional-impact review; deleting provisions relating
136 to determining whether there is a unified plan of
137 development; deleting provisions relating to the
138 circumstances where developments should be aggregated;
139 deleting a provision relating to prospective
140 application of certain provisions; deleting a
141 provision authorizing state land planning agencies to
142 enter into agreements for the joint planning, sharing,
143 or use of specified public infrastructure, facilities,
144 or services by developers; deleting an authorization
145 for the state land planning agency to adopt rules;
146 amending s. 380.07, F.S.; deleting an authorization
147 for the Florida Land and Water Adjudicatory Commission
148 to adopt rules regarding the requirements for
149 developments of regional impact; revising when a local
150 government must transmit a development order to the
151 state land planning agency, the regional planning
152 agency, and the owner or developer of the property
153 affected by such order; deleting a process for
154 regional planning agencies to undertake appeals of
155 development-of-regional-impact development orders;
156 revising a process for appealing development orders
157 for consistency with a local comprehensive plan to be
158 available only for developments in areas of critical
159 state concern; deleting a procedure regarding certain
160 challenges to development orders relating to
161 developments of regional impact; amending s. 380.115,
162 F.S.; deleting a provision relating to changes in
163 development-of-regional-impact guidelines and
164 standards and the impact of such changes on vested
165 rights, duties, and obligations pursuant to any
166 development order or agreement; requiring local
167 governments to monitor and enforce development orders
168 and prohibiting local governments from issuing
169 permits, approvals, or extensions of services if a
170 developer does not act in substantial compliance with
171 an order; deleting provisions relating to changes in
172 development of regional impact guidelines and
173 standards and their impact on the development approval
174 process; amending s. 125.68, F.S.; conforming a cross
175 reference; amending s. 163.3245, F.S.; conforming
176 cross-references; conforming provisions to changes
177 made by the act; revising the circumstances in which
178 applicants who apply for master development approval
179 for an entire planning area must remain subject to a
180 master development order; specifying an exception;
181 deleting a provision relating to the level of review
182 for applications for master development approval;
183 amending s. 163.3246, F.S.; conforming provisions to
184 changes made by the act; conforming cross-references;
185 amending s. 189.08, F.S.; conforming a cross
186 reference; conforming a provision to changes made by
187 the act; amending s. 190.005, F.S.; conforming cross
188 references; amending ss. 190.012 and 252.363, F.S.;
189 conforming cross-references; amending s. 369.303,
190 F.S.; conforming a provision to changes made by the
191 act; amending ss. 369.307, 373.236, and 373.414, F.S.;
192 conforming cross-references; amending s. 378.601,
193 F.S.; conforming a provision to changes made by the
194 act; repealing s. 380.065, F.S., relating to a process
195 to allow local governments to request certification to
196 review developments of regional impact that are
197 located within their jurisdictions in lieu of the
198 regional review requirements; amending ss. 380.11 and
199 403.524, F.S.; conforming cross-references; repealing
200 specified rules regarding uniform review of
201 developments of regional impact by the state land
202 planning agency and regional planning agencies;
203 repealing the rules adopted by the Administration
204 Commission regarding whether two or more developments,
205 represented by their owners or developers to be
206 separate developments, shall be aggregated; providing
207 a directive to the Division of Law Revision and
208 Information; providing an effective date.
209
210 Be It Enacted by the Legislature of the State of Florida:
211
212 Section 1. Subsection (1) of section 165.0615, Florida
213 Statutes, is amended to read:
214 165.0615 Municipal conversion of independent special
215 districts upon elector-initiated and approved referendum.—
216 (1) The qualified electors of an independent special
217 district may commence a municipal conversion proceeding by
218 filing a petition with the governing body of the independent
219 special district proposed to be converted if the district meets
220 all of the following criteria:
221 (a) It was created by special act of the Legislature.
222 (b) It is designated as an improvement district and created
223 pursuant to chapter 298 or is designated as a stewardship
224 district and created pursuant to s. 189.031.
225 (c) Its governing board is elected.
226 (d) Its governing board agrees to the conversion.
227 (e) It provides at least four of the following municipal
228 services: water, sewer, solid waste, drainage, roads,
229 transportation, public works, fire and rescue, street lighting,
230 parks and recreation, or library or cultural facilities.
231 (f) No portion of the district is located within the
232 jurisdictional limits of a municipality.
233 (g) It meets the minimum population standards specified in
234 s. 165.061(1)(b).
235 Section 2. Section 380.06, Florida Statutes, is amended to
236 read:
237 380.06 Developments of regional impact.—
238 (1) DEFINITION.—The term “development of regional impact,”
239 as used in this section, means any development that which,
240 because of its character, magnitude, or location, would have a
241 substantial effect upon the health, safety, or welfare of
242 citizens of more than one county.
243 (2) STATEWIDE GUIDELINES AND STANDARDS.—
244 (a) The statewide guidelines and standards and the
245 exemptions specified in s. 380.0651 and the statewide guidelines
246 and standards adopted by the Administration Commission and
247 codified in chapter 28-24, Florida Administrative Code, must be
248 state land planning agency shall recommend to the Administration
249 Commission specific statewide guidelines and standards for
250 adoption pursuant to this subsection. The Administration
251 Commission shall by rule adopt statewide guidelines and
252 standards to be used in determining whether particular
253 developments are subject to the requirements of subsection (12)
254 shall undergo development-of-regional-impact review. The
255 statewide guidelines and standards previously adopted by the
256 Administration Commission and approved by the Legislature shall
257 remain in effect unless revised pursuant to this section or
258 superseded or repealed by statute by other provisions of law.
259 (b) In adopting its guidelines and standards, the
260 Administration Commission shall consider and shall be guided by:
261 1. The extent to which the development would create or
262 alleviate environmental problems such as air or water pollution
263 or noise.
264 2. The amount of pedestrian or vehicular traffic likely to
265 be generated.
266 3. The number of persons likely to be residents, employees,
267 or otherwise present.
268 4. The size of the site to be occupied.
269 5. The likelihood that additional or subsidiary development
270 will be generated.
271 6. The extent to which the development would create an
272 additional demand for, or additional use of, energy, including
273 the energy requirements of subsidiary developments.
274 7. The unique qualities of particular areas of the state.
275 (c) With regard to the changes in the guidelines and
276 standards authorized pursuant to this act, in determining
277 whether a proposed development must comply with the review
278 requirements of this section, the state land planning agency
279 shall apply the guidelines and standards which were in effect
280 when the developer received authorization to commence
281 development from the local government. If a developer has not
282 received authorization to commence development from the local
283 government prior to the effective date of new or amended
284 guidelines and standards, the new or amended guidelines and
285 standards shall apply.
286 (d) The statewide guidelines and standards shall be applied
287 as follows:
288 (a)1. Fixed thresholds.—
289 a. A development that is below 100 percent of all numerical
290 thresholds in the statewide guidelines and standards is not
291 subject to subsection (12) is not required to undergo
292 development-of-regional-impact review.
293 (b)b. A development that is at or above 100 120 percent of
294 any numerical threshold in the statewide guidelines and
295 standards is subject to subsection (12) shall be required to
296 undergo development-of-regional-impact review.
297 c. Projects certified under s. 403.973 which create at
298 least 100 jobs and meet the criteria of the Department of
299 Economic Opportunity as to their impact on an area’s economy,
300 employment, and prevailing wage and skill levels that are at or
301 below 100 percent of the numerical thresholds for industrial
302 plants, industrial parks, distribution, warehousing or
303 wholesaling facilities, office development or multiuse projects
304 other than residential, as described in s. 380.0651(3)(c) and
305 (f) are not required to undergo development-of-regional-impact
306 review.
307 2. Rebuttable presumption.—It shall be presumed that a
308 development that is at 100 percent or between 100 and 120
309 percent of a numerical threshold shall be required to undergo
310 development-of-regional-impact review.
311 (e) With respect to residential, hotel, motel, office, and
312 retail developments, the applicable guidelines and standards
313 shall be increased by 50 percent in urban central business
314 districts and regional activity centers of jurisdictions whose
315 local comprehensive plans are in compliance with part II of
316 chapter 163. With respect to multiuse developments, the
317 applicable individual use guidelines and standards for
318 residential, hotel, motel, office, and retail developments and
319 multiuse guidelines and standards shall be increased by 100
320 percent in urban central business districts and regional
321 activity centers of jurisdictions whose local comprehensive
322 plans are in compliance with part II of chapter 163, if one land
323 use of the multiuse development is residential and amounts to
324 not less than 35 percent of the jurisdiction’s applicable
325 residential threshold. With respect to resort or convention
326 hotel developments, the applicable guidelines and standards
327 shall be increased by 150 percent in urban central business
328 districts and regional activity centers of jurisdictions whose
329 local comprehensive plans are in compliance with part II of
330 chapter 163 and where the increase is specifically for a
331 proposed resort or convention hotel located in a county with a
332 population greater than 500,000 and the local government
333 specifically designates that the proposed resort or convention
334 hotel development will serve an existing convention center of
335 more than 250,000 gross square feet built before July 1, 1992.
336 The applicable guidelines and standards shall be increased by
337 150 percent for development in any area designated by the
338 Governor as a rural area of opportunity pursuant to s. 288.0656
339 during the effectiveness of the designation.
340 (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
341 STANDARDS.—The state land planning agency, a regional planning
342 agency, or a local government may petition the Administration
343 Commission to increase or decrease the numerical thresholds of
344 any statewide guideline and standard. The state land planning
345 agency or the regional planning agency may petition for an
346 increase or decrease for a particular local government’s
347 jurisdiction or a part of a particular jurisdiction. A local
348 government may petition for an increase or decrease within its
349 jurisdiction or a part of its jurisdiction. A number of requests
350 may be combined in a single petition.
351 (a) When a petition is filed, the state land planning
352 agency shall have no more than 180 days to prepare and submit to
353 the Administration Commission a report and recommendations on
354 the proposed variation. The report shall evaluate, and the
355 Administration Commission shall consider, the following
356 criteria:
357 1. Whether the local government has adopted and effectively
358 implemented a comprehensive plan that reflects and implements
359 the goals and objectives of an adopted state comprehensive plan.
360 2. Any applicable policies in an adopted strategic regional
361 policy plan.
362 3. Whether the local government has adopted and effectively
363 implemented both a comprehensive set of land development
364 regulations, which regulations shall include a planned unit
365 development ordinance, and a capital improvements plan that are
366 consistent with the local government comprehensive plan.
367 4. Whether the local government has adopted and effectively
368 implemented the authority and the fiscal mechanisms for
369 requiring developers to meet development order conditions.
370 5. Whether the local government has adopted and effectively
371 implemented and enforced satisfactory development review
372 procedures.
373 (b) The affected regional planning agency, adjoining local
374 governments, and the local government shall be given a
375 reasonable opportunity to submit recommendations to the
376 Administration Commission regarding any such proposed
377 variations.
378 (c) The Administration Commission shall have authority to
379 increase or decrease a threshold in the statewide guidelines and
380 standards up to 50 percent above or below the statewide
381 presumptive threshold. The commission may from time to time
382 reconsider changed thresholds and make additional variations as
383 it deems necessary.
384 (d) The Administration Commission shall adopt rules setting
385 forth the procedures for submission and review of petitions
386 filed pursuant to this subsection.
387 (e) Variations to guidelines and standards adopted by the
388 Administration Commission under this subsection shall be
389 transmitted on or before March 1 to the President of the Senate
390 and the Speaker of the House of Representatives for presentation
391 at the next regular session of the Legislature. Unless approved
392 as submitted by general law, the revisions shall not become
393 effective.
394 (3)(4) BINDING LETTER.—
395 (a) Any binding letter previously issued to a developer by
396 the state land planning agency as to If any developer is in
397 doubt whether his or her proposed development must undergo
398 development-of-regional-impact review under the guidelines and
399 standards, whether his or her rights have vested pursuant to
400 subsection (8) (20), or whether a proposed substantial change to
401 a development of regional impact concerning which rights had
402 previously vested pursuant to subsection (8) (20) would divest
403 such rights, remains valid unless it expired on or before the
404 effective date of this act the developer may request a
405 determination from the state land planning agency. The developer
406 or the appropriate local government having jurisdiction may
407 request that the state land planning agency determine whether
408 the amount of development that remains to be built in an
409 approved development of regional impact meets the criteria of
410 subparagraph (15)(g)3.
411 (b) Upon a request by the developer, a binding letter of
412 interpretation regarding which rights had previously vested in a
413 development of regional impact may be amended by the local
414 government of jurisdiction, based on standards and procedures in
415 the adopted local comprehensive plan or the adopted local land
416 development code, to reflect a change to the plan of development
417 and modification of vested rights, provided that any such
418 amendment to a binding letter of vested rights must be
419 consistent with s. 163.3167(5). Review of a request for an
420 amendment to a binding letter of vested rights may not include a
421 review of the impacts created by previously vested portions of
422 the development Unless a developer waives the requirements of
423 this paragraph by agreeing to undergo development-of-regional
424 impact review pursuant to this section, the state land planning
425 agency or local government with jurisdiction over the land on
426 which a development is proposed may require a developer to
427 obtain a binding letter if the development is at a presumptive
428 numerical threshold or up to 20 percent above a numerical
429 threshold in the guidelines and standards.
430 (c) Any local government may petition the state land
431 planning agency to require a developer of a development located
432 in an adjacent jurisdiction to obtain a binding letter of
433 interpretation. The petition shall contain facts to support a
434 finding that the development as proposed is a development of
435 regional impact. This paragraph shall not be construed to grant
436 standing to the petitioning local government to initiate an
437 administrative or judicial proceeding pursuant to this chapter.
438 (d) A request for a binding letter of interpretation shall
439 be in writing and in such form and content as prescribed by the
440 state land planning agency. Within 15 days of receiving an
441 application for a binding letter of interpretation or a
442 supplement to a pending application, the state land planning
443 agency shall determine and notify the applicant whether the
444 information in the application is sufficient to enable the
445 agency to issue a binding letter or shall request any additional
446 information needed. The applicant shall either provide the
447 additional information requested or shall notify the state land
448 planning agency in writing that the information will not be
449 supplied and the reasons therefor. If the applicant does not
450 respond to the request for additional information within 120
451 days, the application for a binding letter of interpretation
452 shall be deemed to be withdrawn. Within 35 days after
453 acknowledging receipt of a sufficient application, or of
454 receiving notification that the information will not be
455 supplied, the state land planning agency shall issue a binding
456 letter of interpretation with respect to the proposed
457 development. A binding letter of interpretation issued by the
458 state land planning agency shall bind all state, regional, and
459 local agencies, as well as the developer.
460 (e) In determining whether a proposed substantial change to
461 a development of regional impact concerning which rights had
462 previously vested pursuant to subsection (20) would divest such
463 rights, the state land planning agency shall review the proposed
464 change within the context of:
465 1. Criteria specified in paragraph (19)(b);
466 2. Its conformance with any adopted state comprehensive
467 plan and any rules of the state land planning agency;
468 3. All rights and obligations arising out of the vested
469 status of such development;
470 4. Permit conditions or requirements imposed by the
471 Department of Environmental Protection or any water management
472 district created by s. 373.069 or any of their successor
473 agencies or by any appropriate federal regulatory agency; and
474 5. Any regional impacts arising from the proposed change.
475 (f) If a proposed substantial change to a development of
476 regional impact concerning which rights had previously vested
477 pursuant to subsection (20) would result in reduced regional
478 impacts, the change shall not divest rights to complete the
479 development pursuant to subsection (20). Furthermore, where all
480 or a portion of the development of regional impact for which
481 rights had previously vested pursuant to subsection (20) is
482 demolished and reconstructed within the same approximate
483 footprint of buildings and parking lots, so that any change in
484 the size of the development does not exceed the criteria of
485 paragraph (19)(b), such demolition and reconstruction shall not
486 divest the rights which had vested.
487 (c)(g) Every binding letter determining that a proposed
488 development is not a development of regional impact, but not
489 including binding letters of vested rights or of modification of
490 vested rights, shall expire and become void unless the plan of
491 development has been substantially commenced within:
492 1. Three years from October 1, 1985, for binding letters
493 issued prior to the effective date of this act; or
494 2. Three years from the date of issuance of binding letters
495 issued on or after October 1, 1985.
496 (d)(h) The expiration date of a binding letter begins,
497 established pursuant to paragraph (g), shall begin to run after
498 final disposition of all administrative and judicial appeals of
499 the binding letter and may be extended by mutual agreement of
500 the state land planning agency, the local government of
501 jurisdiction, and the developer.
502 (e)(i) In response to an inquiry from a developer or the
503 appropriate local government having jurisdiction, the state land
504 planning agency may issue An informal determination by the state
505 land planning agency, in the form of a clearance letter as to
506 whether a development is required to undergo development-of
507 regional-impact review or whether the amount of development that
508 remains to be built in an approved development of regional
509 impact, remains valid unless it expired on or before the
510 effective date of this act meets the criteria of subparagraph
511 (15)(g)3. A clearance letter may be based solely on the
512 information provided by the developer, and the state land
513 planning agency is not required to conduct an investigation of
514 that information. If any material information provided by the
515 developer is incomplete or inaccurate, the clearance letter is
516 not binding upon the state land planning agency. A clearance
517 letter does not constitute final agency action.
518 (5) AUTHORIZATION TO DEVELOP.—
519 (a)1. A developer who is required to undergo development
520 of-regional-impact review may undertake a development of
521 regional impact if the development has been approved under the
522 requirements of this section.
523 2. If the land on which the development is proposed is
524 within an area of critical state concern, the development must
525 also be approved under the requirements of s. 380.05.
526 (b) State or regional agencies may inquire whether a
527 proposed project is undergoing or will be required to undergo
528 development-of-regional-impact review. If a project is
529 undergoing or will be required to undergo development-of
530 regional-impact review, any state or regional permit necessary
531 for the construction or operation of the project that is valid
532 for 5 years or less shall take effect, and the period of time
533 for which the permit is valid shall begin to run, upon
534 expiration of the time allowed for an administrative appeal of
535 the development or upon final action following an administrative
536 appeal or judicial review, whichever is later. However, if the
537 application for development approval is not filed within 18
538 months after the issuance of the permit, the time of validity of
539 the permit shall be considered to be from the date of issuance
540 of the permit. If a project is required to obtain a binding
541 letter under subsection (4), any state or regional agency permit
542 necessary for the construction or operation of the project that
543 is valid for 5 years or less shall take effect, and the period
544 of time for which the permit is valid shall begin to run, only
545 after the developer obtains a binding letter stating that the
546 project is not required to undergo development-of-regional
547 impact review or after the developer obtains a development order
548 pursuant to this section.
549 (c) Prior to the issuance of a final development order, the
550 developer may elect to be bound by the rules adopted pursuant to
551 chapters 373 and 403 in effect when such development order is
552 issued. The rules adopted pursuant to chapters 373 and 403 in
553 effect at the time such development order is issued shall be
554 applicable to all applications for permits pursuant to those
555 chapters and which are necessary for and consistent with the
556 development authorized in such development order, except that a
557 later adopted rule shall be applicable to an application if:
558 1. The later adopted rule is determined by the rule
559 adopting agency to be essential to the public health, safety, or
560 welfare;
561 2. The later adopted rule is adopted pursuant to s.
562 403.061(27);
563 3. The later adopted rule is being adopted pursuant to a
564 subsequently enacted statutorily mandated program;
565 4. The later adopted rule is mandated in order for the
566 state to maintain delegation of a federal program; or
567 5. The later adopted rule is required by state or federal
568 law.
569 (d) The provision of day care service facilities in
570 developments approved pursuant to this section is permissible
571 but is not required.
572
573 Further, in order for any developer to apply for permits
574 pursuant to this provision, the application must be filed within
575 5 years from the issuance of the final development order and the
576 permit shall not be effective for more than 8 years from the
577 issuance of the final development order. Nothing in this
578 paragraph shall be construed to alter or change any permitting
579 agency’s authority to approve permits or to determine applicable
580 criteria for longer periods of time.
581 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
582 PLAN AMENDMENTS.—
583 (a) Prior to undertaking any development, a developer that
584 is required to undergo development-of-regional-impact review
585 shall file an application for development approval with the
586 appropriate local government having jurisdiction. The
587 application shall contain, in addition to such other matters as
588 may be required, a statement that the developer proposes to
589 undertake a development of regional impact as required under
590 this section.
591 (b) Any local government comprehensive plan amendments
592 related to a proposed development of regional impact, including
593 any changes proposed under subsection (19), may be initiated by
594 a local planning agency or the developer and must be considered
595 by the local governing body at the same time as the application
596 for development approval using the procedures provided for local
597 plan amendment in s. 163.3184 and applicable local ordinances,
598 without regard to local limits on the frequency of consideration
599 of amendments to the local comprehensive plan. This paragraph
600 does not require favorable consideration of a plan amendment
601 solely because it is related to a development of regional
602 impact. The procedure for processing such comprehensive plan
603 amendments is as follows:
604 1. If a developer seeks a comprehensive plan amendment
605 related to a development of regional impact, the developer must
606 so notify in writing the regional planning agency, the
607 applicable local government, and the state land planning agency
608 no later than the date of preapplication conference or the
609 submission of the proposed change under subsection (19).
610 2. When filing the application for development approval or
611 the proposed change, the developer must include a written
612 request for comprehensive plan amendments that would be
613 necessitated by the development-of-regional-impact approvals
614 sought. That request must include data and analysis upon which
615 the applicable local government can determine whether to
616 transmit the comprehensive plan amendment pursuant to s.
617 163.3184.
618 3. The local government must advertise a public hearing on
619 the transmittal within 30 days after filing the application for
620 development approval or the proposed change and must make a
621 determination on the transmittal within 60 days after the
622 initial filing unless that time is extended by the developer.
623 4. If the local government approves the transmittal,
624 procedures set forth in s. 163.3184 must be followed.
625 5. Notwithstanding subsection (11) or subsection (19), the
626 local government may not hold a public hearing on the
627 application for development approval or the proposed change or
628 on the comprehensive plan amendments sooner than 30 days after
629 reviewing agency comments are due to the local government
630 pursuant to s. 163.3184.
631 6. The local government must hear both the application for
632 development approval or the proposed change and the
633 comprehensive plan amendments at the same hearing. However, the
634 local government must take action separately on the application
635 for development approval or the proposed change and on the
636 comprehensive plan amendments.
637 7. Thereafter, the appeal process for the local government
638 development order must follow the provisions of s. 380.07, and
639 the compliance process for the comprehensive plan amendments
640 must follow the provisions of s. 163.3184.
641 (7) PREAPPLICATION PROCEDURES.—
642 (a) Before filing an application for development approval,
643 the developer shall contact the regional planning agency having
644 jurisdiction over the proposed development to arrange a
645 preapplication conference. Upon the request of the developer or
646 the regional planning agency, other affected state and regional
647 agencies shall participate in this conference and shall identify
648 the types of permits issued by the agencies, the level of
649 information required, and the permit issuance procedures as
650 applied to the proposed development. The levels of service
651 required in the transportation methodology shall be the same
652 levels of service used to evaluate concurrency in accordance
653 with s. 163.3180. The regional planning agency shall provide the
654 developer information about the development-of-regional-impact
655 process and the use of preapplication conferences to identify
656 issues, coordinate appropriate state and local agency
657 requirements, and otherwise promote a proper and efficient
658 review of the proposed development. If an agreement is reached
659 regarding assumptions and methodology to be used in the
660 application for development approval, the reviewing agencies may
661 not subsequently object to those assumptions and methodologies
662 unless subsequent changes to the project or information obtained
663 during the review make those assumptions and methodologies
664 inappropriate. The reviewing agencies may make only
665 recommendations or comments regarding a proposed development
666 which are consistent with the statutes, rules, or adopted local
667 government ordinances that are applicable to developments in the
668 jurisdiction where the proposed development is located.
669 (b) The regional planning agency shall establish by rule a
670 procedure by which a developer may enter into binding written
671 agreements with the regional planning agency to eliminate
672 questions from the application for development approval when
673 those questions are found to be unnecessary for development-of
674 regional-impact review. It is the legislative intent of this
675 subsection to encourage reduction of paperwork, to discourage
676 unnecessary gathering of data, and to encourage the coordination
677 of the development-of-regional-impact review process with
678 federal, state, and local environmental reviews when such
679 reviews are required by law.
680 (c) If the application for development approval is not
681 submitted within 1 year after the date of the preapplication
682 conference, the regional planning agency, the local government
683 having jurisdiction, or the applicant may request that another
684 preapplication conference be held.
685 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
686 (a) A developer may enter into a written preliminary
687 development agreement with the state land planning agency to
688 allow a developer to proceed with a limited amount of the total
689 proposed development, subject to all other governmental
690 approvals and solely at the developer’s own risk, prior to
691 issuance of a final development order. All owners of the land in
692 the total proposed development shall join the developer as
693 parties to the agreement. Each agreement shall include and be
694 subject to the following conditions:
695 1. The developer shall comply with the preapplication
696 conference requirements pursuant to subsection (7) within 45
697 days after the execution of the agreement.
698 2. The developer shall file an application for development
699 approval for the total proposed development within 3 months
700 after execution of the agreement, unless the state land planning
701 agency agrees to a different time for good cause shown. Failure
702 to timely file an application and to otherwise diligently
703 proceed in good faith to obtain a final development order shall
704 constitute a breach of the preliminary development agreement.
705 3. The agreement shall include maps and legal descriptions
706 of both the preliminary development area and the total proposed
707 development area and shall specifically describe the preliminary
708 development in terms of magnitude and location. The area
709 approved for preliminary development must be included in the
710 application for development approval and shall be subject to the
711 terms and conditions of the final development order.
712 4. The preliminary development shall be limited to lands
713 that the state land planning agency agrees are suitable for
714 development and shall only be allowed in areas where adequate
715 public infrastructure exists to accommodate the preliminary
716 development, when such development will utilize public
717 infrastructure. The developer must also demonstrate that the
718 preliminary development will not result in material adverse
719 impacts to existing resources or existing or planned facilities.
720 5. The preliminary development agreement may allow
721 development which is:
722 a. Less than 100 percent of any applicable threshold if the
723 developer demonstrates that such development is consistent with
724 subparagraph 4.; or
725 b. Less than 120 percent of any applicable threshold if the
726 developer demonstrates that such development is part of a
727 proposed downtown development of regional impact specified in
728 subsection (22) or part of any areawide development of regional
729 impact specified in subsection (25) and that the development is
730 consistent with subparagraph 4.
731 6. The developer and owners of the land may not claim
732 vested rights, or assert equitable estoppel, arising from the
733 agreement or any expenditures or actions taken in reliance on
734 the agreement to continue with the total proposed development
735 beyond the preliminary development. The agreement shall not
736 entitle the developer to a final development order approving the
737 total proposed development or to particular conditions in a
738 final development order.
739 7. The agreement shall not prohibit the regional planning
740 agency from reviewing or commenting on any regional issue that
741 the regional agency determines should be included in the
742 regional agency’s report on the application for development
743 approval.
744 8. The agreement shall include a disclosure by the
745 developer and all the owners of the land in the total proposed
746 development of all land or development within 5 miles of the
747 total proposed development in which they have an interest and
748 shall describe such interest.
749 9. In the event of a breach of the agreement or failure to
750 comply with any condition of the agreement, or if the agreement
751 was based on materially inaccurate information, the state land
752 planning agency may terminate the agreement or file suit to
753 enforce the agreement as provided in this section and s. 380.11,
754 including a suit to enjoin all development.
755 10. A notice of the preliminary development agreement shall
756 be recorded by the developer in accordance with s. 28.222 with
757 the clerk of the circuit court for each county in which land
758 covered by the terms of the agreement is located. The notice
759 shall include a legal description of the land covered by the
760 agreement and shall state the parties to the agreement, the date
761 of adoption of the agreement and any subsequent amendments, the
762 location where the agreement may be examined, and that the
763 agreement constitutes a land development regulation applicable
764 to portions of the land covered by the agreement. The provisions
765 of the agreement shall inure to the benefit of and be binding
766 upon successors and assigns of the parties in the agreement.
767 11. Except for those agreements which authorize preliminary
768 development for substantial deviations pursuant to subsection
769 (19), a developer who no longer wishes to pursue a development
770 of regional impact may propose to abandon any preliminary
771 development agreement executed after January 1, 1985, including
772 those pursuant to s. 380.032(3), provided at the time of
773 abandonment:
774 a. A final development order under this section has been
775 rendered that approves all of the development actually
776 constructed; or
777 b. The amount of development is less than 100 percent of
778 all numerical thresholds of the guidelines and standards, and
779 the state land planning agency determines in writing that the
780 development to date is in compliance with all applicable local
781 regulations and the terms and conditions of the preliminary
782 development agreement and otherwise adequately mitigates for the
783 impacts of the development to date.
784
785 In either event, when a developer proposes to abandon said
786 agreement, the developer shall give written notice and state
787 that he or she is no longer proposing a development of regional
788 impact and provide adequate documentation that he or she has met
789 the criteria for abandonment of the agreement to the state land
790 planning agency. Within 30 days of receipt of adequate
791 documentation of such notice, the state land planning agency
792 shall make its determination as to whether or not the developer
793 meets the criteria for abandonment. Once the state land planning
794 agency determines that the developer meets the criteria for
795 abandonment, the state land planning agency shall issue a notice
796 of abandonment which shall be recorded by the developer in
797 accordance with s. 28.222 with the clerk of the circuit court
798 for each county in which land covered by the terms of the
799 agreement is located.
800 (b) The state land planning agency may enter into other
801 types of agreements to effectuate the provisions of this act as
802 provided in s. 380.032.
803 (c) The provisions of this subsection shall also be
804 available to a developer who chooses to seek development
805 approval of a Florida Quality Development pursuant to s.
806 380.061.
807 (9) CONCEPTUAL AGENCY REVIEW.—
808 (a)1. In order to facilitate the planning and preparation
809 of permit applications for projects that undergo development-of
810 regional-impact review, and in order to coordinate the
811 information required to issue such permits, a developer may
812 elect to request conceptual agency review under this subsection
813 either concurrently with development-of-regional-impact review
814 and comprehensive plan amendments, if applicable, or subsequent
815 to a preapplication conference held pursuant to subsection (7).
816 2. “Conceptual agency review” means general review of the
817 proposed location, densities, intensity of use, character, and
818 major design features of a proposed development required to
819 undergo review under this section for the purpose of considering
820 whether these aspects of the proposed development comply with
821 the issuing agency’s statutes and rules.
822 3. Conceptual agency review is a licensing action subject
823 to chapter 120, and approval or denial constitutes final agency
824 action, except that the 90-day time period specified in s.
825 120.60(1) shall be tolled for the agency when the affected
826 regional planning agency requests information from the developer
827 pursuant to paragraph (10)(b). If proposed agency action on the
828 conceptual approval is the subject of a proceeding under ss.
829 120.569 and 120.57, final agency action shall be conclusive as
830 to any issues actually raised and adjudicated in the proceeding,
831 and such issues may not be raised in any subsequent proceeding
832 under ss. 120.569 and 120.57 on the proposed development by any
833 parties to the prior proceeding.
834 4. A conceptual agency review approval shall be valid for
835 up to 10 years, unless otherwise provided in a state or regional
836 agency rule, and may be reviewed and reissued for additional
837 periods of time under procedures established by the agency.
838 (b) The Department of Environmental Protection, each water
839 management district, and each other state or regional agency
840 that requires construction or operation permits shall establish
841 by rule a set of procedures necessary for conceptual agency
842 review for the following permitting activities within their
843 respective regulatory jurisdictions:
844 1. The construction and operation of potential sources of
845 water pollution, including industrial wastewater, domestic
846 wastewater, and stormwater.
847 2. Dredging and filling activities.
848 3. The management and storage of surface waters.
849 4. The construction and operation of works of the district,
850 only if a conceptual agency review approval is requested under
851 subparagraph 3.
852
853 Any state or regional agency may establish rules for conceptual
854 agency review for any other permitting activities within its
855 respective regulatory jurisdiction.
856 (c)1. Each agency participating in conceptual agency
857 reviews shall determine and establish by rule its information
858 and application requirements and furnish these requirements to
859 the state land planning agency and to any developer seeking
860 conceptual agency review under this subsection.
861 2. Each agency shall cooperate with the state land planning
862 agency to standardize, to the extent possible, review
863 procedures, data requirements, and data collection methodologies
864 among all participating agencies, consistent with the
865 requirements of the statutes that establish the permitting
866 programs for each agency.
867 (d) At the conclusion of the conceptual agency review, the
868 agency shall give notice of its proposed agency action as
869 required by s. 120.60(3) and shall forward a copy of the notice
870 to the appropriate regional planning council with a report
871 setting out the agency’s conclusions on potential development
872 impacts and stating whether the agency intends to grant
873 conceptual approval, with or without conditions, or to deny
874 conceptual approval. If the agency intends to deny conceptual
875 approval, the report shall state the reasons therefor. The
876 agency may require the developer to publish notice of proposed
877 agency action in accordance with s. 403.815.
878 (e) An agency’s decision to grant conceptual approval shall
879 not relieve the developer of the requirement to obtain a permit
880 and to meet the standards for issuance of a construction or
881 operation permit or to meet the agency’s information
882 requirements for such a permit. Nevertheless, there shall be a
883 rebuttable presumption that the developer is entitled to receive
884 a construction or operation permit for an activity for which the
885 agency granted conceptual review approval, to the extent that
886 the project for which the applicant seeks a permit is in
887 accordance with the conceptual approval and with the agency’s
888 standards and criteria for issuing a construction or operation
889 permit. The agency may revoke or appropriately modify a valid
890 conceptual approval if the agency shows:
891 1. That an applicant or his or her agent has submitted
892 materially false or inaccurate information in the application
893 for conceptual approval;
894 2. That the developer has violated a condition of the
895 conceptual approval; or
896 3. That the development will cause a violation of the
897 agency’s applicable laws or rules.
898 (f) Nothing contained in this subsection shall modify or
899 abridge the law of vested rights or estoppel.
900 (g) Nothing contained in this subsection shall be construed
901 to preclude an agency from adopting rules for conceptual review
902 for developments which are not developments of regional impact.
903 (10) APPLICATION; SUFFICIENCY.—
904 (a) When an application for development approval is filed
905 with a local government, the developer shall also send copies of
906 the application to the appropriate regional planning agency and
907 the state land planning agency.
908 (b) If a regional planning agency determines that the
909 application for development approval is insufficient for the
910 agency to discharge its responsibilities under subsection (12),
911 it shall provide in writing to the appropriate local government
912 and the applicant a statement of any additional information
913 desired within 30 days of the receipt of the application by the
914 regional planning agency. The applicant may supply the
915 information requested by the regional planning agency and shall
916 communicate its intention to do so in writing to the appropriate
917 local government and the regional planning agency within 5
918 working days of the receipt of the statement requesting such
919 information, or the applicant shall notify the appropriate local
920 government and the regional planning agency in writing that the
921 requested information will not be supplied. Within 30 days after
922 receipt of such additional information, the regional planning
923 agency shall review it and may request only that information
924 needed to clarify the additional information or to answer new
925 questions raised by, or directly related to, the additional
926 information. The regional planning agency may request additional
927 information no more than twice, unless the developer waives this
928 limitation. If an applicant does not provide the information
929 requested by a regional planning agency within 120 days of its
930 request, or within a time agreed upon by the applicant and the
931 regional planning agency, the application shall be considered
932 withdrawn.
933 (c) The regional planning agency shall notify the local
934 government that a public hearing date may be set when the
935 regional planning agency determines that the application is
936 sufficient or when it receives notification from the developer
937 that the additional requested information will not be supplied,
938 as provided for in paragraph (b).
939 (11) LOCAL NOTICE.—Upon receipt of the sufficiency
940 notification from the regional planning agency required by
941 paragraph (10)(c), the appropriate local government shall give
942 notice and hold a public hearing on the application in the same
943 manner as for a rezoning as provided under the appropriate
944 special or local law or ordinance, except that such hearing
945 proceedings shall be recorded by tape or a certified court
946 reporter and made available for transcription at the expense of
947 any interested party. When a development of regional impact is
948 proposed within the jurisdiction of more than one local
949 government, the local governments, at the request of the
950 developer, may hold a joint public hearing. The local government
951 shall comply with the following additional requirements:
952 (a) The notice of public hearing shall state that the
953 proposed development is undergoing a development-of-regional
954 impact review.
955 (b) The notice shall be published at least 60 days in
956 advance of the hearing and shall specify where the information
957 and reports on the development-of-regional-impact application
958 may be reviewed.
959 (c) The notice shall be given to the state land planning
960 agency, to the applicable regional planning agency, to any state
961 or regional permitting agency participating in a conceptual
962 agency review process under subsection (9), and to such other
963 persons as may have been designated by the state land planning
964 agency as entitled to receive such notices.
965 (d) A public hearing date shall be set by the appropriate
966 local government at the next scheduled meeting. The public
967 hearing shall be held no later than 90 days after issuance of
968 notice by the regional planning agency that a public hearing may
969 be set, unless an extension is requested by the applicant.
970 (12) REGIONAL REPORTS.—
971 (a) Within 50 days after receipt of the notice of public
972 hearing required in paragraph (11)(c), the regional planning
973 agency, if one has been designated for the area including the
974 local government, shall prepare and submit to the local
975 government a report and recommendations on the regional impact
976 of the proposed development. In preparing its report and
977 recommendations, the regional planning agency shall identify
978 regional issues based upon the following review criteria and
979 make recommendations to the local government on these regional
980 issues, specifically considering whether, and the extent to
981 which:
982 1. The development will have a favorable or unfavorable
983 impact on state or regional resources or facilities identified
984 in the applicable state or regional plans. As used in this
985 subsection, the term “applicable state plan” means the state
986 comprehensive plan. As used in this subsection, the term
987 “applicable regional plan” means an adopted strategic regional
988 policy plan.
989 2. The development will significantly impact adjacent
990 jurisdictions. At the request of the appropriate local
991 government, regional planning agencies may also review and
992 comment upon issues that affect only the requesting local
993 government.
994 3. As one of the issues considered in the review in
995 subparagraphs 1. and 2., the development will favorably or
996 adversely affect the ability of people to find adequate housing
997 reasonably accessible to their places of employment if the
998 regional planning agency has adopted an affordable housing
999 policy as part of its strategic regional policy plan. The
1000 determination should take into account information on factors
1001 that are relevant to the availability of reasonably accessible
1002 adequate housing. Adequate housing means housing that is
1003 available for occupancy and that is not substandard.
1004 (b) The regional planning agency report must contain
1005 recommendations that are consistent with the standards required
1006 by the applicable state permitting agencies or the water
1007 management district.
1008 (c) At the request of the regional planning agency, other
1009 appropriate agencies shall review the proposed development and
1010 shall prepare reports and recommendations on issues that are
1011 clearly within the jurisdiction of those agencies. Such agency
1012 reports shall become part of the regional planning agency
1013 report; however, the regional planning agency may attach
1014 dissenting views. When water management district and Department
1015 of Environmental Protection permits have been issued pursuant to
1016 chapter 373 or chapter 403, the regional planning council may
1017 comment on the regional implications of the permits but may not
1018 offer conflicting recommendations.
1019 (d) The regional planning agency shall afford the developer
1020 or any substantially affected party reasonable opportunity to
1021 present evidence to the regional planning agency head relating
1022 to the proposed regional agency report and recommendations.
1023 (e) If the location of a proposed development involves land
1024 within the boundaries of multiple regional planning councils,
1025 the state land planning agency shall designate a lead regional
1026 planning council. The lead regional planning council shall
1027 prepare the regional report.
1028 (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
1029 development is in an area of critical state concern, the local
1030 government shall approve it only if it complies with the land
1031 development regulations therefor under s. 380.05 and the
1032 provisions of this section. The provisions of this section shall
1033 not apply to developments in areas of critical state concern
1034 which had pending applications and had been noticed or agendaed
1035 by local government after September 1, 1985, and before October
1036 1, 1985, for development order approval. In all such cases, the
1037 state land planning agency may consider and address applicable
1038 regional issues contained in subsection (12) as part of its
1039 area-of-critical-state-concern review pursuant to ss. 380.05,
1040 380.07, and 380.11.
1041 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
1042 the development is not located in an area of critical state
1043 concern, in considering whether the development is approved,
1044 denied, or approved subject to conditions, restrictions, or
1045 limitations, the local government shall consider whether, and
1046 the extent to which:
1047 (a) The development is consistent with the local
1048 comprehensive plan and local land development regulations.
1049 (b) The development is consistent with the report and
1050 recommendations of the regional planning agency submitted
1051 pursuant to subsection (12).
1052 (c) The development is consistent with the State
1053 Comprehensive Plan. In consistency determinations, the plan
1054 shall be construed and applied in accordance with s. 187.101(3).
1055
1056 However, a local government may approve a change to a
1057 development authorized as a development of regional impact if
1058 the change has the effect of reducing the originally approved
1059 height, density, or intensity of the development and if the
1060 revised development would have been consistent with the
1061 comprehensive plan in effect when the development was originally
1062 approved. If the revised development is approved, the developer
1063 may proceed as provided in s. 163.3167(5).
1064 (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
1065 (a) Notwithstanding any provision of any adopted local
1066 comprehensive plan or adopted local government land development
1067 regulation to the contrary, an amendment to a development order
1068 for an approved development of regional impact adopted pursuant
1069 to subsection (7) may not amend to an earlier date the
1070 appropriate local government shall render a decision on the
1071 application within 30 days after the hearing unless an extension
1072 is requested by the developer.
1073 (b) When possible, local governments shall issue
1074 development orders concurrently with any other local permits or
1075 development approvals that may be applicable to the proposed
1076 development.
1077 (c) The development order shall include findings of fact
1078 and conclusions of law consistent with subsections (13) and
1079 (14). The development order:
1080 1. Shall specify the monitoring procedures and the local
1081 official responsible for assuring compliance by the developer
1082 with the development order.
1083 2. Shall establish compliance dates for the development
1084 order, including a deadline for commencing physical development
1085 and for compliance with conditions of approval or phasing
1086 requirements, and shall include a buildout date that reasonably
1087 reflects the time anticipated to complete the development.
1088 3. Shall establish a date until when which the local
1089 government agrees that the approved development of regional
1090 impact will shall not be subject to downzoning, unit density
1091 reduction, or intensity reduction, unless the local government
1092 can demonstrate that substantial changes in the conditions
1093 underlying the approval of the development order have occurred
1094 or the development order was based on substantially inaccurate
1095 information provided by the developer or that the change is
1096 clearly established by local government to be essential to the
1097 public health, safety, or welfare. The date established pursuant
1098 to this paragraph may not be subparagraph shall be no sooner
1099 than the buildout date of the project.
1100 4. Shall specify the requirements for the biennial report
1101 designated under subsection (18), including the date of
1102 submission, parties to whom the report is submitted, and
1103 contents of the report, based upon the rules adopted by the
1104 state land planning agency. Such rules shall specify the scope
1105 of any additional local requirements that may be necessary for
1106 the report.
1107 5. May specify the types of changes to the development
1108 which shall require submission for a substantial deviation
1109 determination or a notice of proposed change under subsection
1110 (19).
1111 6. Shall include a legal description of the property.
1112 (d) Conditions of a development order that require a
1113 developer to contribute land for a public facility or construct,
1114 expand, or pay for land acquisition or construction or expansion
1115 of a public facility, or portion thereof, shall meet the
1116 following criteria:
1117 1. The need to construct new facilities or add to the
1118 present system of public facilities must be reasonably
1119 attributable to the proposed development.
1120 2. Any contribution of funds, land, or public facilities
1121 required from the developer shall be comparable to the amount of
1122 funds, land, or public facilities that the state or the local
1123 government would reasonably expect to expend or provide, based
1124 on projected costs of comparable projects, to mitigate the
1125 impacts reasonably attributable to the proposed development.
1126 3. Any funds or lands contributed must be expressly
1127 designated and used to mitigate impacts reasonably attributable
1128 to the proposed development.
1129 4. Construction or expansion of a public facility by a
1130 nongovernmental developer as a condition of a development order
1131 to mitigate the impacts reasonably attributable to the proposed
1132 development is not subject to competitive bidding or competitive
1133 negotiation for selection of a contractor or design professional
1134 for any part of the construction or design.
1135 (b)(e)1. A local government may shall not include, as a
1136 development order condition for a development of regional
1137 impact, any requirement that a developer contribute or pay for
1138 land acquisition or construction or expansion of public
1139 facilities or portions thereof unless the local government has
1140 enacted a local ordinance which requires other development not
1141 subject to this section to contribute its proportionate share of
1142 the funds, land, or public facilities necessary to accommodate
1143 any impacts having a rational nexus to the proposed development,
1144 and the need to construct new facilities or add to the present
1145 system of public facilities must be reasonably attributable to
1146 the proposed development.
1147 2. Selection of a contractor or design professional for any
1148 aspect of construction or design related to the construction or
1149 expansion of a public facility by a nongovernmental developer
1150 which is undertaken as a condition of a development order to
1151 mitigate the impacts reasonably attributable to the proposed
1152 development is not subject to competitive bidding or competitive
1153 negotiation A local government shall not approve a development
1154 of regional impact that does not make adequate provision for the
1155 public facilities needed to accommodate the impacts of the
1156 proposed development unless the local government includes in the
1157 development order a commitment by the local government to
1158 provide these facilities consistently with the development
1159 schedule approved in the development order; however, a local
1160 government’s failure to meet the requirements of subparagraph 1.
1161 and this subparagraph shall not preclude the issuance of a
1162 development order where adequate provision is made by the
1163 developer for the public facilities needed to accommodate the
1164 impacts of the proposed development. Any funds or lands
1165 contributed by a developer must be expressly designated and used
1166 to accommodate impacts reasonably attributable to the proposed
1167 development.
1168 3. The Department of Economic Opportunity and other state
1169 and regional agencies involved in the administration and
1170 implementation of this act shall cooperate and work with units
1171 of local government in preparing and adopting local impact fee
1172 and other contribution ordinances.
1173 (c)(f) Notice of the adoption of an amendment a development
1174 order or the subsequent amendments to an adopted development
1175 order shall be recorded by the developer, in accordance with s.
1176 28.222, with the clerk of the circuit court for each county in
1177 which the development is located. The notice shall include a
1178 legal description of the property covered by the order and shall
1179 state which unit of local government adopted the development
1180 order, the date of adoption, the date of adoption of any
1181 amendments to the development order, the location where the
1182 adopted order with any amendments may be examined, and that the
1183 development order constitutes a land development regulation
1184 applicable to the property. The recording of this notice does
1185 shall not constitute a lien, cloud, or encumbrance on real
1186 property, or actual or constructive notice of any such lien,
1187 cloud, or encumbrance. This paragraph applies only to
1188 developments initially approved under this section after July 1,
1189 1980. If the local government of jurisdiction rescinds a
1190 development order for an approved development of regional impact
1191 pursuant to s. 380.115, the developer may record notice of the
1192 rescission.
1193 (d)(g) Any agreement entered into by the state land
1194 planning agency, the developer, and the A local government with
1195 respect to an approved development of regional impact previously
1196 classified as essentially built out, or any other official
1197 determination that an approved development of regional impact is
1198 essentially built out, remains valid unless it expired on or
1199 before the effective date of this act. may not issue a permit
1200 for a development subsequent to the buildout date contained in
1201 the development order unless:
1202 1. The proposed development has been evaluated cumulatively
1203 with existing development under the substantial deviation
1204 provisions of subsection (19) after the termination or
1205 expiration date;
1206 2. The proposed development is consistent with an
1207 abandonment of development order that has been issued in
1208 accordance with subsection (26);
1209 3. The development of regional impact is essentially built
1210 out, in that all the mitigation requirements in the development
1211 order have been satisfied, all developers are in compliance with
1212 all applicable terms and conditions of the development order
1213 except the buildout date, and the amount of proposed development
1214 that remains to be built is less than 40 percent of any
1215 applicable development-of-regional-impact threshold; or
1216 4. The project has been determined to be an essentially
1217 built-out development of regional impact through an agreement
1218 executed by the developer, the state land planning agency, and
1219 the local government, in accordance with s. 380.032, which will
1220 establish the terms and conditions under which the development
1221 may be continued. If the project is determined to be essentially
1222 built out, development may proceed pursuant to the s. 380.032
1223 agreement after the termination or expiration date contained in
1224 the development order without further development-of-regional
1225 impact review subject to the local government comprehensive plan
1226 and land development regulations. The parties may amend the
1227 agreement without submission, review, or approval of a
1228 notification of proposed change pursuant to subsection (19). For
1229 the purposes of this paragraph, a development of regional impact
1230 is considered essentially built out, if:
1231 a. The developers are in compliance with all applicable
1232 terms and conditions of the development order except the
1233 buildout date or reporting requirements; and
1234 b.(I) The amount of development that remains to be built is
1235 less than the substantial deviation threshold specified in
1236 paragraph (19)(b) for each individual land use category, or, for
1237 a multiuse development, the sum total of all unbuilt land uses
1238 as a percentage of the applicable substantial deviation
1239 threshold is equal to or less than 100 percent; or
1240 (II) The state land planning agency and the local
1241 government have agreed in writing that the amount of development
1242 to be built does not create the likelihood of any additional
1243 regional impact not previously reviewed.
1244
1245 The single-family residential portions of a development may be
1246 considered essentially built out if all of the workforce housing
1247 obligations and all of the infrastructure and horizontal
1248 development have been completed, at least 50 percent of the
1249 dwelling units have been completed, and more than 80 percent of
1250 the lots have been conveyed to third-party individual lot owners
1251 or to individual builders who own no more than 40 lots at the
1252 time of the determination. The mobile home park portions of a
1253 development may be considered essentially built out if all the
1254 infrastructure and horizontal development has been completed,
1255 and at least 50 percent of the lots are leased to individual
1256 mobile home owners. In order to accommodate changing market
1257 demands and achieve maximum land use efficiency in an
1258 essentially built out project, when a developer is building out
1259 a project, a local government, without the concurrence of the
1260 state land planning agency, may adopt a resolution authorizing
1261 the developer to exchange one approved land use for another
1262 approved land use as specified in the agreement. Before the
1263 issuance of a building permit pursuant to an exchange, the
1264 developer must demonstrate to the local government that the
1265 exchange ratio will not result in a net increase in impacts to
1266 public facilities and will meet all applicable requirements of
1267 the comprehensive plan and land development code. For
1268 developments previously determined to impact strategic
1269 intermodal facilities as defined in s. 339.63, the local
1270 government shall consult with the Department of Transportation
1271 before approving the exchange.
1272 (h) If the property is annexed by another local
1273 jurisdiction, the annexing jurisdiction shall adopt a new
1274 development order that incorporates all previous rights and
1275 obligations specified in the prior development order.
1276 (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
1277 (a) Notwithstanding any provision of an adopted local
1278 comprehensive plan or adopted local government land development
1279 regulations to the contrary, the adoption of an amendment to a
1280 development order for an approved development of regional impact
1281 pursuant to subsection (7) does not diminish or otherwise alter
1282 any credits for a development order exaction or fee as against
1283 impact fees, mobility fees, or exactions when such credits are
1284 based upon the developer’s contribution of land or a public
1285 facility or the construction, expansion, or payment for land
1286 acquisition or construction or expansion of a public facility,
1287 or a portion thereof If the development order requires the
1288 developer to contribute land or a public facility or construct,
1289 expand, or pay for land acquisition or construction or expansion
1290 of a public facility, or portion thereof, and the developer is
1291 also subject by local ordinance to impact fees or exactions to
1292 meet the same needs, the local government shall establish and
1293 implement a procedure that credits a development order exaction
1294 or fee toward an impact fee or exaction imposed by local
1295 ordinance for the same need; however, if the Florida Land and
1296 Water Adjudicatory Commission imposes any additional
1297 requirement, the local government shall not be required to grant
1298 a credit toward the local exaction or impact fee unless the
1299 local government determines that such required contribution,
1300 payment, or construction meets the same need that the local
1301 exaction or impact fee would address. The nongovernmental
1302 developer need not be required, by virtue of this credit, to
1303 competitively bid or negotiate any part of the construction or
1304 design of the facility, unless otherwise requested by the local
1305 government.
1306 (b) If the local government imposes or increases an impact
1307 fee, mobility fee, or exaction by local ordinance after a
1308 development order has been issued, the developer may petition
1309 the local government, and the local government shall modify the
1310 affected provisions of the development order to give the
1311 developer credit for any contribution of land for a public
1312 facility, or construction, expansion, or contribution of funds
1313 for land acquisition or construction or expansion of a public
1314 facility, or a portion thereof, required by the development
1315 order toward an impact fee or exaction for the same need.
1316 (c) Any The local government and the developer may enter
1317 into capital contribution front-ending agreement entered into by
1318 a local government and a developer which is still in effect as
1319 of the effective date of this act agreements as part of a
1320 development-of-regional-impact development order to reimburse
1321 the developer, or the developer’s successor, for voluntary
1322 contributions paid in excess of his or her fair share remains
1323 valid.
1324 (d) This subsection does not apply to internal, onsite
1325 facilities required by local regulations or to any offsite
1326 facilities to the extent that such facilities are necessary to
1327 provide safe and adequate services to the development.
1328 (17) LOCAL MONITORING.—The local government issuing the
1329 development order is primarily responsible for monitoring the
1330 development and enforcing the provisions of the development
1331 order. Local governments shall not issue any permits or
1332 approvals or provide any extensions of services if the developer
1333 fails to act in substantial compliance with the development
1334 order.
1335 (6)(18) BIENNIAL REPORTS.—Notwithstanding any condition in
1336 a development order for an approved development of regional
1337 impact, the developer is not required to shall submit an annual
1338 or a biennial report on the development of regional impact to
1339 the local government, the regional planning agency, the state
1340 land planning agency, and all affected permit agencies in
1341 alternate years on the date specified in the development order,
1342 unless required to do so by the local government that has
1343 jurisdiction over the development. The penalty for failure to
1344 file such a required report is as prescribed by the local
1345 government development order by its terms requires more frequent
1346 monitoring. If the report is not received, the state land
1347 planning agency shall notify the local government. If the local
1348 government does not receive the report or receives notification
1349 that the state land planning agency has not received the report,
1350 the local government shall request in writing that the developer
1351 submit the report within 30 days. The failure to submit the
1352 report after 30 days shall result in the temporary suspension of
1353 the development order by the local government. If no additional
1354 development pursuant to the development order has occurred since
1355 the submission of the previous report, then a letter from the
1356 developer stating that no development has occurred shall satisfy
1357 the requirement for a report. Development orders that require
1358 annual reports may be amended to require biennial reports at the
1359 option of the local government.
1360 (7)(19) CHANGES SUBSTANTIAL DEVIATIONS.—
1361 (a) Notwithstanding any provision to the contrary in any
1362 development order, agreement, local comprehensive plan, or local
1363 land development regulation, any proposed change to a previously
1364 approved development of regional impact must be reviewed by the
1365 local government based on the standards and procedures in its
1366 adopted local comprehensive plan and adopted local land
1367 development regulations, including, but not limited to,
1368 procedures for notice to the applicant and the public regarding
1369 the issuance of development orders. However, a change to a
1370 development of regional impact that has the effect of reducing
1371 the originally approved height, density, or intensity of the
1372 development must be reviewed by the local government based on
1373 the standards in the local comprehensive plan at the time the
1374 development was originally approved, and if the development
1375 would have been consistent with the comprehensive plan in effect
1376 when the development was originally approved, the local
1377 government may approve the change. If the revised development is
1378 approved, the developer may proceed as provided in s.
1379 163.3167(5). For any proposed change to a previously approved
1380 development of regional impact, at least one public hearing must
1381 be held on the application for change, and any change must be
1382 approved by the local governing body before it becomes
1383 effective. The review must abide by any prior agreements or
1384 other actions vesting the laws and policies governing the
1385 development. Development within the previously approved
1386 development of regional impact may continue, as approved, during
1387 the review in portions of the development which are not directly
1388 affected by the proposed change which creates a reasonable
1389 likelihood of additional regional impact, or any type of
1390 regional impact created by the change not previously reviewed by
1391 the regional planning agency, shall constitute a substantial
1392 deviation and shall cause the proposed change to be subject to
1393 further development-of-regional-impact review. There are a
1394 variety of reasons why a developer may wish to propose changes
1395 to an approved development of regional impact, including changed
1396 market conditions. The procedures set forth in this subsection
1397 are for that purpose.
1398 (b) The local government shall either adopt an amendment to
1399 the development order that approves the application, with or
1400 without conditions, or deny the application for the proposed
1401 change. Any new conditions in the amendment to the development
1402 order issued by the local government may address only those
1403 impacts directly created by the proposed change, and must be
1404 consistent with s. 163.3180(5), the adopted comprehensive plan,
1405 and adopted land development regulations. Changes to a phase
1406 date, buildout date, expiration date, or termination date may
1407 also extend any required mitigation associated with a phased
1408 construction project so that mitigation takes place in the same
1409 timeframe relative to the impacts as approved Any proposed
1410 change to a previously approved development of regional impact
1411 or development order condition which, either individually or
1412 cumulatively with other changes, exceeds any of the criteria in
1413 subparagraphs 1.-11. constitutes a substantial deviation and
1414 shall cause the development to be subject to further
1415 development-of-regional-impact review through the notice of
1416 proposed change process under this section.
1417 1. An increase in the number of parking spaces at an
1418 attraction or recreational facility by 15 percent or 500 spaces,
1419 whichever is greater, or an increase in the number of spectators
1420 that may be accommodated at such a facility by 15 percent or
1421 1,500 spectators, whichever is greater.
1422 2. A new runway, a new terminal facility, a 25 percent
1423 lengthening of an existing runway, or a 25 percent increase in
1424 the number of gates of an existing terminal, but only if the
1425 increase adds at least three additional gates.
1426 3. An increase in land area for office development by 15
1427 percent or an increase of gross floor area of office development
1428 by 15 percent or 100,000 gross square feet, whichever is
1429 greater.
1430 4. An increase in the number of dwelling units by 10
1431 percent or 55 dwelling units, whichever is greater.
1432 5. An increase in the number of dwelling units by 50
1433 percent or 200 units, whichever is greater, provided that 15
1434 percent of the proposed additional dwelling units are dedicated
1435 to affordable workforce housing, subject to a recorded land use
1436 restriction that shall be for a period of not less than 20 years
1437 and that includes resale provisions to ensure long-term
1438 affordability for income-eligible homeowners and renters and
1439 provisions for the workforce housing to be commenced before the
1440 completion of 50 percent of the market rate dwelling. For
1441 purposes of this subparagraph, the term “affordable workforce
1442 housing” means housing that is affordable to a person who earns
1443 less than 120 percent of the area median income, or less than
1444 140 percent of the area median income if located in a county in
1445 which the median purchase price for a single-family existing
1446 home exceeds the statewide median purchase price of a single
1447 family existing home. For purposes of this subparagraph, the
1448 term “statewide median purchase price of a single-family
1449 existing home” means the statewide purchase price as determined
1450 in the Florida Sales Report, Single-Family Existing Homes,
1451 released each January by the Florida Association of Realtors and
1452 the University of Florida Real Estate Research Center.
1453 6. An increase in commercial development by 60,000 square
1454 feet of gross floor area or of parking spaces provided for
1455 customers for 425 cars or a 10 percent increase, whichever is
1456 greater.
1457 7. An increase in a recreational vehicle park area by 10
1458 percent or 110 vehicle spaces, whichever is less.
1459 8. A decrease in the area set aside for open space of 5
1460 percent or 20 acres, whichever is less.
1461 9. A proposed increase to an approved multiuse development
1462 of regional impact where the sum of the increases of each land
1463 use as a percentage of the applicable substantial deviation
1464 criteria is equal to or exceeds 110 percent. The percentage of
1465 any decrease in the amount of open space shall be treated as an
1466 increase for purposes of determining when 110 percent has been
1467 reached or exceeded.
1468 10. A 15 percent increase in the number of external vehicle
1469 trips generated by the development above that which was
1470 projected during the original development-of-regional-impact
1471 review.
1472 11. Any change that would result in development of any area
1473 which was specifically set aside in the application for
1474 development approval or in the development order for
1475 preservation or special protection of endangered or threatened
1476 plants or animals designated as endangered, threatened, or
1477 species of special concern and their habitat, any species
1478 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1479 archaeological and historical sites designated as significant by
1480 the Division of Historical Resources of the Department of State.
1481 The refinement of the boundaries and configuration of such areas
1482 shall be considered under sub-subparagraph (e)2.j.
1483
1484 The substantial deviation numerical standards in subparagraphs
1485 3., 6., and 9., excluding residential uses, and in subparagraph
1486 10., are increased by 100 percent for a project certified under
1487 s. 403.973 which creates jobs and meets criteria established by
1488 the Department of Economic Opportunity as to its impact on an
1489 area’s economy, employment, and prevailing wage and skill
1490 levels. The substantial deviation numerical standards in
1491 subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
1492 percent for a project located wholly within an urban infill and
1493 redevelopment area designated on the applicable adopted local
1494 comprehensive plan future land use map and not located within
1495 the coastal high hazard area.
1496 (c) This section is not intended to alter or otherwise
1497 limit the extension, previously granted by statute, of a
1498 commencement, buildout, phase, termination, or expiration date
1499 in any development order for an approved development of regional
1500 impact and any corresponding modification of a related permit or
1501 agreement. Any such extension is not subject to review or
1502 modification in any future amendment to a development order
1503 pursuant to the adopted local comprehensive plan and adopted
1504 local land development regulations An extension of the date of
1505 buildout of a development, or any phase thereof, by more than 7
1506 years is presumed to create a substantial deviation subject to
1507 further development-of-regional-impact review.
1508 1. An extension of the date of buildout, or any phase
1509 thereof, of more than 5 years but not more than 7 years is
1510 presumed not to create a substantial deviation. The extension of
1511 the date of buildout of an areawide development of regional
1512 impact by more than 5 years but less than 10 years is presumed
1513 not to create a substantial deviation. These presumptions may be
1514 rebutted by clear and convincing evidence at the public hearing
1515 held by the local government. An extension of 5 years or less is
1516 not a substantial deviation.
1517 2. In recognition of the 2011 real estate market
1518 conditions, at the option of the developer, all commencement,
1519 phase, buildout, and expiration dates for projects that are
1520 currently valid developments of regional impact are extended for
1521 4 years regardless of any previous extension. Associated
1522 mitigation requirements are extended for the same period unless,
1523 before December 1, 2011, a governmental entity notifies a
1524 developer that has commenced any construction within the phase
1525 for which the mitigation is required that the local government
1526 has entered into a contract for construction of a facility with
1527 funds to be provided from the development’s mitigation funds for
1528 that phase as specified in the development order or written
1529 agreement with the developer. The 4-year extension is not a
1530 substantial deviation, is not subject to further development-of
1531 regional-impact review, and may not be considered when
1532 determining whether a subsequent extension is a substantial
1533 deviation under this subsection. The developer must notify the
1534 local government in writing by December 31, 2011, in order to
1535 receive the 4-year extension.
1536
1537 For the purpose of calculating when a buildout or phase date has
1538 been exceeded, the time shall be tolled during the pendency of
1539 administrative or judicial proceedings relating to development
1540 permits. Any extension of the buildout date of a project or a
1541 phase thereof shall automatically extend the commencement date
1542 of the project, the termination date of the development order,
1543 the expiration date of the development of regional impact, and
1544 the phases thereof if applicable by a like period of time.
1545 (d) A change in the plan of development of an approved
1546 development of regional impact resulting from requirements
1547 imposed by the Department of Environmental Protection or any
1548 water management district created by s. 373.069 or any of their
1549 successor agencies or by any appropriate federal regulatory
1550 agency shall be submitted to the local government pursuant to
1551 this subsection. The change shall be presumed not to create a
1552 substantial deviation subject to further development-of
1553 regional-impact review. The presumption may be rebutted by clear
1554 and convincing evidence at the public hearing held by the local
1555 government.
1556 (e)1. Except for a development order rendered pursuant to
1557 subsection (22) or subsection (25), a proposed change to a
1558 development order which individually or cumulatively with any
1559 previous change is less than any numerical criterion contained
1560 in subparagraphs (b)1.-10. and does not exceed any other
1561 criterion, or which involves an extension of the buildout date
1562 of a development, or any phase thereof, of less than 5 years is
1563 not subject to the public hearing requirements of subparagraph
1564 (f)3., and is not subject to a determination pursuant to
1565 subparagraph (f)5. Notice of the proposed change shall be made
1566 to the regional planning council and the state land planning
1567 agency. Such notice must include a description of previous
1568 individual changes made to the development, including changes
1569 previously approved by the local government, and must include
1570 appropriate amendments to the development order.
1571 2. The following changes, individually or cumulatively with
1572 any previous changes, are not substantial deviations:
1573 a. Changes in the name of the project, developer, owner, or
1574 monitoring official.
1575 b. Changes to a setback which do not affect noise buffers,
1576 environmental protection or mitigation areas, or archaeological
1577 or historical resources.
1578 c. Changes to minimum lot sizes.
1579 d. Changes in the configuration of internal roads which do
1580 not affect external access points.
1581 e. Changes to the building design or orientation which stay
1582 approximately within the approved area designated for such
1583 building and parking lot, and which do not affect historical
1584 buildings designated as significant by the Division of
1585 Historical Resources of the Department of State.
1586 f. Changes to increase the acreage in the development, if
1587 no development is proposed on the acreage to be added.
1588 g. Changes to eliminate an approved land use, if there are
1589 no additional regional impacts.
1590 h. Changes required to conform to permits approved by any
1591 federal, state, or regional permitting agency, if these changes
1592 do not create additional regional impacts.
1593 i. Any renovation or redevelopment of development within a
1594 previously approved development of regional impact which does
1595 not change land use or increase density or intensity of use.
1596 j. Changes that modify boundaries and configuration of
1597 areas described in subparagraph (b)11. due to science-based
1598 refinement of such areas by survey, by habitat evaluation, by
1599 other recognized assessment methodology, or by an environmental
1600 assessment. In order for changes to qualify under this sub
1601 subparagraph, the survey, habitat evaluation, or assessment must
1602 occur before the time that a conservation easement protecting
1603 such lands is recorded and must not result in any net decrease
1604 in the total acreage of the lands specifically set aside for
1605 permanent preservation in the final development order.
1606 k. Changes that do not increase the number of external peak
1607 hour trips and do not reduce open space and conserved areas
1608 within the project except as otherwise permitted by sub
1609 subparagraph j.
1610 l. A phase date extension, if the state land planning
1611 agency, in consultation with the regional planning council and
1612 subject to the written concurrence of the Department of
1613 Transportation, agrees that the traffic impact is not
1614 significant and adverse under applicable state agency rules.
1615 m. Any other change that the state land planning agency, in
1616 consultation with the regional planning council, agrees in
1617 writing is similar in nature, impact, or character to the
1618 changes enumerated in sub-subparagraphs a.-l. and that does not
1619 create the likelihood of any additional regional impact.
1620
1621 This subsection does not require the filing of a notice of
1622 proposed change but requires an application to the local
1623 government to amend the development order in accordance with the
1624 local government’s procedures for amendment of a development
1625 order. In accordance with the local government’s procedures,
1626 including requirements for notice to the applicant and the
1627 public, the local government shall either deny the application
1628 for amendment or adopt an amendment to the development order
1629 which approves the application with or without conditions.
1630 Following adoption, the local government shall render to the
1631 state land planning agency the amendment to the development
1632 order. The state land planning agency may appeal, pursuant to s.
1633 380.07(3), the amendment to the development order if the
1634 amendment involves sub-subparagraph g., sub-subparagraph h.,
1635 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
1636 and if the agency believes that the change creates a reasonable
1637 likelihood of new or additional regional impacts.
1638 3. Except for the change authorized by sub-subparagraph
1639 2.f., any addition of land not previously reviewed or any change
1640 not specified in paragraph (b) or paragraph (c) shall be
1641 presumed to create a substantial deviation. This presumption may
1642 be rebutted by clear and convincing evidence.
1643 4. Any submittal of a proposed change to a previously
1644 approved development must include a description of individual
1645 changes previously made to the development, including changes
1646 previously approved by the local government. The local
1647 government shall consider the previous and current proposed
1648 changes in deciding whether such changes cumulatively constitute
1649 a substantial deviation requiring further development-of
1650 regional-impact review.
1651 5. The following changes to an approved development of
1652 regional impact shall be presumed to create a substantial
1653 deviation. Such presumption may be rebutted by clear and
1654 convincing evidence:
1655 a. A change proposed for 15 percent or more of the acreage
1656 to a land use not previously approved in the development order.
1657 Changes of less than 15 percent shall be presumed not to create
1658 a substantial deviation.
1659 b. Notwithstanding any provision of paragraph (b) to the
1660 contrary, a proposed change consisting of simultaneous increases
1661 and decreases of at least two of the uses within an authorized
1662 multiuse development of regional impact which was originally
1663 approved with three or more uses specified in s. 380.0651(3)(c)
1664 and (d) and residential use.
1665 6. If a local government agrees to a proposed change, a
1666 change in the transportation proportionate share calculation and
1667 mitigation plan in an adopted development order as a result of
1668 recalculation of the proportionate share contribution meeting
1669 the requirements of s. 163.3180(5)(h) in effect as of the date
1670 of such change shall be presumed not to create a substantial
1671 deviation. For purposes of this subsection, the proposed change
1672 in the proportionate share calculation or mitigation plan may
1673 not be considered an additional regional transportation impact.
1674 (f)1. The state land planning agency shall establish by
1675 rule standard forms for submittal of proposed changes to a
1676 previously approved development of regional impact which may
1677 require further development-of-regional-impact review. At a
1678 minimum, the standard form shall require the developer to
1679 provide the precise language that the developer proposes to
1680 delete or add as an amendment to the development order.
1681 2. The developer shall submit, simultaneously, to the local
1682 government, the regional planning agency, and the state land
1683 planning agency the request for approval of a proposed change.
1684 3. No sooner than 30 days but no later than 45 days after
1685 submittal by the developer to the local government, the state
1686 land planning agency, and the appropriate regional planning
1687 agency, the local government shall give 15 days’ notice and
1688 schedule a public hearing to consider the change that the
1689 developer asserts does not create a substantial deviation. This
1690 public hearing shall be held within 60 days after submittal of
1691 the proposed changes, unless that time is extended by the
1692 developer.
1693 4. The appropriate regional planning agency or the state
1694 land planning agency shall review the proposed change and, no
1695 later than 45 days after submittal by the developer of the
1696 proposed change, unless that time is extended by the developer,
1697 and prior to the public hearing at which the proposed change is
1698 to be considered, shall advise the local government in writing
1699 whether it objects to the proposed change, shall specify the
1700 reasons for its objection, if any, and shall provide a copy to
1701 the developer.
1702 5. At the public hearing, the local government shall
1703 determine whether the proposed change requires further
1704 development-of-regional-impact review. The provisions of
1705 paragraphs (a) and (e), the thresholds set forth in paragraph
1706 (b), and the presumptions set forth in paragraphs (c) and (d)
1707 and subparagraph (e)3. shall be applicable in determining
1708 whether further development-of-regional-impact review is
1709 required. The local government may also deny the proposed change
1710 based on matters relating to local issues, such as if the land
1711 on which the change is sought is plat restricted in a way that
1712 would be incompatible with the proposed change, and the local
1713 government does not wish to change the plat restriction as part
1714 of the proposed change.
1715 6. If the local government determines that the proposed
1716 change does not require further development-of-regional-impact
1717 review and is otherwise approved, or if the proposed change is
1718 not subject to a hearing and determination pursuant to
1719 subparagraphs 3. and 5. and is otherwise approved, the local
1720 government shall issue an amendment to the development order
1721 incorporating the approved change and conditions of approval
1722 relating to the change. The requirement that a change be
1723 otherwise approved shall not be construed to require additional
1724 local review or approval if the change is allowed by applicable
1725 local ordinances without further local review or approval. The
1726 decision of the local government to approve, with or without
1727 conditions, or to deny the proposed change that the developer
1728 asserts does not require further review shall be subject to the
1729 appeal provisions of s. 380.07. However, the state land planning
1730 agency may not appeal the local government decision if it did
1731 not comply with subparagraph 4. The state land planning agency
1732 may not appeal a change to a development order made pursuant to
1733 subparagraph (e)1. or subparagraph (e)2. for developments of
1734 regional impact approved after January 1, 1980, unless the
1735 change would result in a significant impact to a regionally
1736 significant archaeological, historical, or natural resource not
1737 previously identified in the original development-of-regional
1738 impact review.
1739 (g) If a proposed change requires further development-of
1740 regional-impact review pursuant to this section, the review
1741 shall be conducted subject to the following additional
1742 conditions:
1743 1. The development-of-regional-impact review conducted by
1744 the appropriate regional planning agency shall address only
1745 those issues raised by the proposed change except as provided in
1746 subparagraph 2.
1747 2. The regional planning agency shall consider, and the
1748 local government shall determine whether to approve, approve
1749 with conditions, or deny the proposed change as it relates to
1750 the entire development. If the local government determines that
1751 the proposed change, as it relates to the entire development, is
1752 unacceptable, the local government shall deny the change.
1753 3. If the local government determines that the proposed
1754 change should be approved, any new conditions in the amendment
1755 to the development order issued by the local government shall
1756 address only those issues raised by the proposed change and
1757 require mitigation only for the individual and cumulative
1758 impacts of the proposed change.
1759 4. Development within the previously approved development
1760 of regional impact may continue, as approved, during the
1761 development-of-regional-impact review in those portions of the
1762 development which are not directly affected by the proposed
1763 change.
1764 (h) When further development-of-regional-impact review is
1765 required because a substantial deviation has been determined or
1766 admitted by the developer, the amendment to the development
1767 order issued by the local government shall be consistent with
1768 the requirements of subsection (15) and shall be subject to the
1769 hearing and appeal provisions of s. 380.07. The state land
1770 planning agency or the appropriate regional planning agency need
1771 not participate at the local hearing in order to appeal a local
1772 government development order issued pursuant to this paragraph.
1773 (i) An increase in the number of residential dwelling units
1774 shall not constitute a substantial deviation and shall not be
1775 subject to development-of-regional-impact review for additional
1776 impacts, provided that all the residential dwelling units are
1777 dedicated to affordable workforce housing and the total number
1778 of new residential units does not exceed 200 percent of the
1779 substantial deviation threshold. The affordable workforce
1780 housing shall be subject to a recorded land use restriction that
1781 shall be for a period of not less than 20 years and that
1782 includes resale provisions to ensure long-term affordability for
1783 income-eligible homeowners and renters. For purposes of this
1784 paragraph, the term “affordable workforce housing” means housing
1785 that is affordable to a person who earns less than 120 percent
1786 of the area median income, or less than 140 percent of the area
1787 median income if located in a county in which the median
1788 purchase price for a single-family existing home exceeds the
1789 statewide median purchase price of a single-family existing
1790 home. For purposes of this paragraph, the term “statewide median
1791 purchase price of a single-family existing home” means the
1792 statewide purchase price as determined in the Florida Sales
1793 Report, Single-Family Existing Homes, released each January by
1794 the Florida Association of Realtors and the University of
1795 Florida Real Estate Research Center.
1796 (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
1797 or modify the rights of any person to complete any development
1798 that was authorized by registration of a subdivision pursuant to
1799 former chapter 498, by recordation pursuant to local subdivision
1800 plat law, or by a building permit or other authorization to
1801 commence development on which there has been reliance and a
1802 change of position and which registration or recordation was
1803 accomplished, or which permit or authorization was issued, prior
1804 to July 1, 1973. If a developer has, by his or her actions in
1805 reliance on prior regulations, obtained vested or other legal
1806 rights that in law would have prevented a local government from
1807 changing those regulations in a way adverse to the developer’s
1808 interests, nothing in this chapter authorizes any governmental
1809 agency to abridge those rights.
1810 (a) For the purpose of determining the vesting of rights
1811 under this subsection, approval pursuant to local subdivision
1812 plat law, ordinances, or regulations of a subdivision plat by
1813 formal vote of a county or municipal governmental body having
1814 jurisdiction after August 1, 1967, and prior to July 1, 1973, is
1815 sufficient to vest all property rights for the purposes of this
1816 subsection; and no action in reliance on, or change of position
1817 concerning, such local governmental approval is required for
1818 vesting to take place. Anyone claiming vested rights under this
1819 paragraph must notify the department in writing by January 1,
1820 1986. Such notification shall include information adequate to
1821 document the rights established by this subsection. When such
1822 notification requirements are met, in order for the vested
1823 rights authorized pursuant to this paragraph to remain valid
1824 after June 30, 1990, development of the vested plan must be
1825 commenced prior to that date upon the property that the state
1826 land planning agency has determined to have acquired vested
1827 rights following the notification or in a binding letter of
1828 interpretation. When the notification requirements have not been
1829 met, the vested rights authorized by this paragraph shall expire
1830 June 30, 1986, unless development commenced prior to that date.
1831 (b) For the purpose of this act, the conveyance of, or the
1832 agreement to convey, property to the county, state, or local
1833 government as a prerequisite to zoning change approval shall be
1834 construed as an act of reliance to vest rights as determined
1835 under this subsection, provided such zoning change is actually
1836 granted by such government.
1837 (9)(21) VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
1838 DEVELOPMENT ORDER.—
1839 (a) Any agreement previously entered into by a developer, a
1840 regional planning agency, and a local government regarding If a
1841 development project that includes two or more developments of
1842 regional impact and was the subject of, a developer may file a
1843 comprehensive development-of-regional-impact application remains
1844 valid unless it expired on or before the effective date of this
1845 act.
1846 (b) If a proposed development is planned for development
1847 over an extended period of time, the developer may file an
1848 application for master development approval of the project and
1849 agree to present subsequent increments of the development for
1850 preconstruction review. This agreement shall be entered into by
1851 the developer, the regional planning agency, and the appropriate
1852 local government having jurisdiction. The provisions of
1853 subsection (9) do not apply to this subsection, except that a
1854 developer may elect to utilize the review process established in
1855 subsection (9) for review of the increments of a master plan.
1856 1. Prior to adoption of the master plan development order,
1857 the developer, the landowner, the appropriate regional planning
1858 agency, and the local government having jurisdiction shall
1859 review the draft of the development order to ensure that
1860 anticipated regional impacts have been adequately addressed and
1861 that information requirements for subsequent incremental
1862 application review are clearly defined. The development order
1863 for a master application shall specify the information which
1864 must be submitted with an incremental application and shall
1865 identify those issues which can result in the denial of an
1866 incremental application.
1867 2. The review of subsequent incremental applications shall
1868 be limited to that information specifically required and those
1869 issues specifically raised by the master development order,
1870 unless substantial changes in the conditions underlying the
1871 approval of the master plan development order are demonstrated
1872 or the master development order is shown to have been based on
1873 substantially inaccurate information.
1874 (c) The state land planning agency, by rule, shall
1875 establish uniform procedures to implement this subsection.
1876 (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
1877 (a) A downtown development authority may submit a
1878 development-of-regional-impact application for development
1879 approval pursuant to this section. The area described in the
1880 application may consist of any or all of the land over which a
1881 downtown development authority has the power described in s.
1882 380.031(5). For the purposes of this subsection, a downtown
1883 development authority shall be considered the developer whether
1884 or not the development will be undertaken by the downtown
1885 development authority.
1886 (b) In addition to information required by the development
1887 of-regional-impact application, the application for development
1888 approval submitted by a downtown development authority shall
1889 specify the total amount of development planned for each land
1890 use category. In addition to the requirements of subsection
1891 (15), the development order shall specify the amount of
1892 development approved within each land use category. Development
1893 undertaken in conformance with a development order issued under
1894 this section does not require further review.
1895 (c) If a development is proposed within the area of a
1896 downtown development plan approved pursuant to this section
1897 which would result in development in excess of the amount
1898 specified in the development order for that type of activity,
1899 changes shall be subject to the provisions of subsection (19),
1900 except that the percentages and numerical criteria shall be
1901 double those listed in paragraph (19)(b).
1902 (d) The provisions of subsection (9) do not apply to this
1903 subsection.
1904 (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
1905 (a) The state land planning agency shall adopt rules to
1906 ensure uniform review of developments of regional impact by the
1907 state land planning agency and regional planning agencies under
1908 this section. These rules shall be adopted pursuant to chapter
1909 120 and shall include all forms, application content, and review
1910 guidelines necessary to implement development-of-regional-impact
1911 reviews. The state land planning agency, in consultation with
1912 the regional planning agencies, may also designate types of
1913 development or areas suitable for development in which reduced
1914 information requirements for development-of-regional-impact
1915 review shall apply.
1916 (b) Regional planning agencies shall be subject to rules
1917 adopted by the state land planning agency. At the request of a
1918 regional planning council, the state land planning agency may
1919 adopt by rule different standards for a specific comprehensive
1920 planning district upon a finding that the statewide standard is
1921 inadequate to protect or promote the regional interest at issue.
1922 If such a regional standard is adopted by the state land
1923 planning agency, the regional standard shall be applied to all
1924 pertinent development-of-regional-impact reviews conducted in
1925 that region until rescinded.
1926 (c) Within 6 months of the effective date of this section,
1927 the state land planning agency shall adopt rules which:
1928 1. Establish uniform statewide standards for development
1929 of-regional-impact review.
1930 2. Establish a short application for development approval
1931 form which eliminates issues and questions for any project in a
1932 jurisdiction with an adopted local comprehensive plan that is in
1933 compliance.
1934 (d) Regional planning agencies that perform development-of
1935 regional-impact and Florida Quality Development review are
1936 authorized to assess and collect fees to fund the costs, direct
1937 and indirect, of conducting the review process. The state land
1938 planning agency shall adopt rules to provide uniform criteria
1939 for the assessment and collection of such fees. The rules
1940 providing uniform criteria shall not be subject to rule
1941 challenge under s. 120.56(2) or to drawout proceedings under s.
1942 120.54(3)(c)2., but, once adopted, shall be subject to an
1943 invalidity challenge under s. 120.56(3) by substantially
1944 affected persons. Until the state land planning agency adopts a
1945 rule implementing this paragraph, rules of the regional planning
1946 councils currently in effect regarding fees shall remain in
1947 effect. Fees may vary in relation to the type and size of a
1948 proposed project, but shall not exceed $75,000, unless the state
1949 land planning agency, after reviewing any disputed expenses
1950 charged by the regional planning agency, determines that said
1951 expenses were reasonable and necessary for an adequate regional
1952 review of the impacts of a project.
1953 (24) STATUTORY EXEMPTIONS.—
1954 (a) Any proposed hospital is exempt from this section.
1955 (b) Any proposed electrical transmission line or electrical
1956 power plant is exempt from this section.
1957 (c) Any proposed addition to an existing sports facility
1958 complex is exempt from this section if the addition meets the
1959 following characteristics:
1960 1. It would not operate concurrently with the scheduled
1961 hours of operation of the existing facility.
1962 2. Its seating capacity would be no more than 75 percent of
1963 the capacity of the existing facility.
1964 3. The sports facility complex property is owned by a
1965 public body before July 1, 1983.
1966
1967 This exemption does not apply to any pari-mutuel facility.
1968 (d) Any proposed addition or cumulative additions
1969 subsequent to July 1, 1988, to an existing sports facility
1970 complex owned by a state university is exempt if the increased
1971 seating capacity of the complex is no more than 30 percent of
1972 the capacity of the existing facility.
1973 (e) Any addition of permanent seats or parking spaces for
1974 an existing sports facility located on property owned by a
1975 public body before July 1, 1973, is exempt from this section if
1976 future additions do not expand existing permanent seating or
1977 parking capacity more than 15 percent annually in excess of the
1978 prior year’s capacity.
1979 (f) Any increase in the seating capacity of an existing
1980 sports facility having a permanent seating capacity of at least
1981 50,000 spectators is exempt from this section, provided that
1982 such an increase does not increase permanent seating capacity by
1983 more than 5 percent per year and not to exceed a total of 10
1984 percent in any 5-year period, and provided that the sports
1985 facility notifies the appropriate local government within which
1986 the facility is located of the increase at least 6 months before
1987 the initial use of the increased seating, in order to permit the
1988 appropriate local government to develop a traffic management
1989 plan for the traffic generated by the increase. Any traffic
1990 management plan shall be consistent with the local comprehensive
1991 plan, the regional policy plan, and the state comprehensive
1992 plan.
1993 (g) Any expansion in the permanent seating capacity or
1994 additional improved parking facilities of an existing sports
1995 facility is exempt from this section, if the following
1996 conditions exist:
1997 1.a. The sports facility had a permanent seating capacity
1998 on January 1, 1991, of at least 41,000 spectator seats;
1999 b. The sum of such expansions in permanent seating capacity
2000 does not exceed a total of 10 percent in any 5-year period and
2001 does not exceed a cumulative total of 20 percent for any such
2002 expansions; or
2003 c. The increase in additional improved parking facilities
2004 is a one-time addition and does not exceed 3,500 parking spaces
2005 serving the sports facility; and
2006 2. The local government having jurisdiction of the sports
2007 facility includes in the development order or development permit
2008 approving such expansion under this paragraph a finding of fact
2009 that the proposed expansion is consistent with the
2010 transportation, water, sewer and stormwater drainage provisions
2011 of the approved local comprehensive plan and local land
2012 development regulations relating to those provisions.
2013
2014 Any owner or developer who intends to rely on this statutory
2015 exemption shall provide to the department a copy of the local
2016 government application for a development permit. Within 45 days
2017 after receipt of the application, the department shall render to
2018 the local government an advisory and nonbinding opinion, in
2019 writing, stating whether, in the department’s opinion, the
2020 prescribed conditions exist for an exemption under this
2021 paragraph. The local government shall render the development
2022 order approving each such expansion to the department. The
2023 owner, developer, or department may appeal the local government
2024 development order pursuant to s. 380.07, within 45 days after
2025 the order is rendered. The scope of review shall be limited to
2026 the determination of whether the conditions prescribed in this
2027 paragraph exist. If any sports facility expansion undergoes
2028 development-of-regional-impact review, all previous expansions
2029 which were exempt under this paragraph shall be included in the
2030 development-of-regional-impact review.
2031 (h) Expansion to port harbors, spoil disposal sites,
2032 navigation channels, turning basins, harbor berths, and other
2033 related inwater harbor facilities of ports listed in s.
2034 403.021(9)(b), port transportation facilities and projects
2035 listed in s. 311.07(3)(b), and intermodal transportation
2036 facilities identified pursuant to s. 311.09(3) are exempt from
2037 this section when such expansions, projects, or facilities are
2038 consistent with comprehensive master plans that are in
2039 compliance with s. 163.3178.
2040 (i) Any proposed facility for the storage of any petroleum
2041 product or any expansion of an existing facility is exempt from
2042 this section.
2043 (j) Any renovation or redevelopment within the same land
2044 parcel which does not change land use or increase density or
2045 intensity of use.
2046 (k) Waterport and marina development, including dry storage
2047 facilities, are exempt from this section.
2048 (l) Any proposed development within an urban service
2049 boundary established under s. 163.3177(14), Florida Statutes
2050 (2010), which is not otherwise exempt pursuant to subsection
2051 (29), is exempt from this section if the local government having
2052 jurisdiction over the area where the development is proposed has
2053 adopted the urban service boundary and has entered into a
2054 binding agreement with jurisdictions that would be impacted and
2055 with the Department of Transportation regarding the mitigation
2056 of impacts on state and regional transportation facilities.
2057 (m) Any proposed development within a rural land
2058 stewardship area created under s. 163.3248.
2059 (n) The establishment, relocation, or expansion of any
2060 military installation as defined in s. 163.3175, is exempt from
2061 this section.
2062 (o) Any self-storage warehousing that does not allow retail
2063 or other services is exempt from this section.
2064 (p) Any proposed nursing home or assisted living facility
2065 is exempt from this section.
2066 (q) Any development identified in an airport master plan
2067 and adopted into the comprehensive plan pursuant to s.
2068 163.3177(6)(b)4. is exempt from this section.
2069 (r) Any development identified in a campus master plan and
2070 adopted pursuant to s. 1013.30 is exempt from this section.
2071 (s) Any development in a detailed specific area plan which
2072 is prepared and adopted pursuant to s. 163.3245 is exempt from
2073 this section.
2074 (t) Any proposed solid mineral mine and any proposed
2075 addition to, expansion of, or change to an existing solid
2076 mineral mine is exempt from this section. A mine owner will
2077 enter into a binding agreement with the Department of
2078 Transportation to mitigate impacts to strategic intermodal
2079 system facilities pursuant to the transportation thresholds in
2080 subsection (19) or rule 9J-2.045(6), Florida Administrative
2081 Code. Proposed changes to any previously approved solid mineral
2082 mine development-of-regional-impact development orders having
2083 vested rights are is not subject to further review or approval
2084 as a development-of-regional-impact or notice-of-proposed-change
2085 review or approval pursuant to subsection (19), except for those
2086 applications pending as of July 1, 2011, which shall be governed
2087 by s. 380.115(2). Notwithstanding the foregoing, however,
2088 pursuant to s. 380.115(1), previously approved solid mineral
2089 mine development-of-regional-impact development orders shall
2090 continue to enjoy vested rights and continue to be effective
2091 unless rescinded by the developer. All local government
2092 regulations of proposed solid mineral mines shall be applicable
2093 to any new solid mineral mine or to any proposed addition to,
2094 expansion of, or change to an existing solid mineral mine.
2095 (u) Notwithstanding any provisions in an agreement with or
2096 among a local government, regional agency, or the state land
2097 planning agency or in a local government’s comprehensive plan to
2098 the contrary, a project no longer subject to development-of
2099 regional-impact review under revised thresholds is not required
2100 to undergo such review.
2101 (v) Any development within a county with a research and
2102 education authority created by special act and that is also
2103 within a research and development park that is operated or
2104 managed by a research and development authority pursuant to part
2105 V of chapter 159 is exempt from this section.
2106 (w) Any development in an energy economic zone designated
2107 pursuant to s. 377.809 is exempt from this section upon approval
2108 by its local governing body.
2109 (x) Any proposed development that is located in a local
2110 government jurisdiction that does not qualify for an exemption
2111 based on the population and density criteria in paragraph
2112 (29)(a), that is approved as a comprehensive plan amendment
2113 adopted pursuant to s. 163.3184(4), and that is the subject of
2114 an agreement pursuant to s. 288.106(5) is exempt from this
2115 section. This exemption shall only be effective upon a written
2116 agreement executed by the applicant, the local government, and
2117 the state land planning agency. The state land planning agency
2118 shall only be a party to the agreement upon a determination that
2119 the development is the subject of an agreement pursuant to s.
2120 288.106(5) and that the local government has the capacity to
2121 adequately assess the impacts of the proposed development. The
2122 local government shall only be a party to the agreement upon
2123 approval by the governing body of the local government and upon
2124 providing at least 21 days’ notice to adjacent local governments
2125 that includes, at a minimum, information regarding the location,
2126 density and intensity of use, and timing of the proposed
2127 development. This exemption does not apply to areas within the
2128 boundary of any area of critical state concern designated
2129 pursuant to s. 380.05, within the boundary of the Wekiva Study
2130 Area as described in s. 369.316, or within 2 miles of the
2131 boundary of the Everglades Protection Area as defined in s.
2132 373.4592(2).
2133
2134 If a use is exempt from review as a development of regional
2135 impact under paragraphs (a)-(u), but will be part of a larger
2136 project that is subject to review as a development of regional
2137 impact, the impact of the exempt use must be included in the
2138 review of the larger project, unless such exempt use involves a
2139 development of regional impact that includes a landowner,
2140 tenant, or user that has entered into a funding agreement with
2141 the Department of Economic Opportunity under the Innovation
2142 Incentive Program and the agreement contemplates a state award
2143 of at least $50 million.
2144 (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
2145 (a) Any approval of an authorized developer for may submit
2146 an areawide development of regional impact remains valid unless
2147 it expired on or before the effective date of this act. to be
2148 reviewed pursuant to the procedures and standards set forth in
2149 this section. The areawide development-of-regional-impact review
2150 shall include an areawide development plan in addition to any
2151 other information required under this section. After review and
2152 approval of an areawide development of regional impact under
2153 this section, all development within the defined planning area
2154 shall conform to the approved areawide development plan and
2155 development order. Individual developments that conform to the
2156 approved areawide development plan shall not be required to
2157 undergo further development-of-regional-impact review, unless
2158 otherwise provided in the development order. As used in this
2159 subsection, the term:
2160 1. “Areawide development plan” means a plan of development
2161 that, at a minimum:
2162 a. Encompasses a defined planning area approved pursuant to
2163 this subsection that will include at least two or more
2164 developments;
2165 b. Maps and defines the land uses proposed, including the
2166 amount of development by use and development phasing;
2167 c. Integrates a capital improvements program for
2168 transportation and other public facilities to ensure development
2169 staging contingent on availability of facilities and services;
2170 d. Incorporates land development regulation, covenants, and
2171 other restrictions adequate to protect resources and facilities
2172 of regional and state significance; and
2173 e. Specifies responsibilities and identifies the mechanisms
2174 for carrying out all commitments in the areawide development
2175 plan and for compliance with all conditions of any areawide
2176 development order.
2177 2. “Developer” means any person or association of persons,
2178 including a governmental agency as defined in s. 380.031(6),
2179 that petitions for authorization to file an application for
2180 development approval for an areawide development plan.
2181 (b) A developer may petition for authorization to submit a
2182 proposed areawide development of regional impact for a defined
2183 planning area in accordance with the following requirements:
2184 1. A petition shall be submitted to the local government,
2185 the regional planning agency, and the state land planning
2186 agency.
2187 2. A public hearing or joint public hearing shall be held
2188 if required by paragraph (e), with appropriate notice, before
2189 the affected local government.
2190 3. The state land planning agency shall apply the following
2191 criteria for evaluating a petition:
2192 a. Whether the developer is financially capable of
2193 processing the application for development approval through
2194 final approval pursuant to this section.
2195 b. Whether the defined planning area and anticipated
2196 development therein appear to be of a character, magnitude, and
2197 location that a proposed areawide development plan would be in
2198 the public interest. Any public interest determination under
2199 this criterion is preliminary and not binding on the state land
2200 planning agency, regional planning agency, or local government.
2201 4. The state land planning agency shall develop and make
2202 available standard forms for petitions and applications for
2203 development approval for use under this subsection.
2204 (c) Any person may submit a petition to a local government
2205 having jurisdiction over an area to be developed, requesting
2206 that government to approve that person as a developer, whether
2207 or not any or all development will be undertaken by that person,
2208 and to approve the area as appropriate for an areawide
2209 development of regional impact.
2210 (d) A general purpose local government with jurisdiction
2211 over an area to be considered in an areawide development of
2212 regional impact shall not have to petition itself for
2213 authorization to prepare and consider an application for
2214 development approval for an areawide development plan. However,
2215 such a local government shall initiate the preparation of an
2216 application only:
2217 1. After scheduling and conducting a public hearing as
2218 specified in paragraph (e); and
2219 2. After conducting such hearing, finding that the planning
2220 area meets the standards and criteria pursuant to subparagraph
2221 (b)3. for determining that an areawide development plan will be
2222 in the public interest.
2223 (e) The local government shall schedule a public hearing
2224 within 60 days after receipt of the petition. The public hearing
2225 shall be advertised at least 30 days prior to the hearing. In
2226 addition to the public hearing notice by the local government,
2227 the petitioner, except when the petitioner is a local
2228 government, shall provide actual notice to each person owning
2229 land within the proposed areawide development plan at least 30
2230 days prior to the hearing. If the petitioner is a local
2231 government, or local governments pursuant to an interlocal
2232 agreement, notice of the public hearing shall be provided by the
2233 publication of an advertisement in a newspaper of general
2234 circulation that meets the requirements of this paragraph. The
2235 advertisement must be no less than one-quarter page in a
2236 standard size or tabloid size newspaper, and the headline in the
2237 advertisement must be in type no smaller than 18 point. The
2238 advertisement shall not be published in that portion of the
2239 newspaper where legal notices and classified advertisements
2240 appear. The advertisement must be published in a newspaper of
2241 general paid circulation in the county and of general interest
2242 and readership in the community, not one of limited subject
2243 matter, pursuant to chapter 50. Whenever possible, the
2244 advertisement must appear in a newspaper that is published at
2245 least 5 days a week, unless the only newspaper in the community
2246 is published less than 5 days a week. The advertisement must be
2247 in substantially the form used to advertise amendments to
2248 comprehensive plans pursuant to s. 163.3184. The local
2249 government shall specifically notify in writing the regional
2250 planning agency and the state land planning agency at least 30
2251 days prior to the public hearing. At the public hearing, all
2252 interested parties may testify and submit evidence regarding the
2253 petitioner’s qualifications, the need for and benefits of an
2254 areawide development of regional impact, and such other issues
2255 relevant to a full consideration of the petition. If more than
2256 one local government has jurisdiction over the defined planning
2257 area in an areawide development plan, the local governments
2258 shall hold a joint public hearing. Such hearing shall address,
2259 at a minimum, the need to resolve conflicting ordinances or
2260 comprehensive plans, if any. The local government holding the
2261 joint hearing shall comply with the following additional
2262 requirements:
2263 1. The notice of the hearing shall be published at least 60
2264 days in advance of the hearing and shall specify where the
2265 petition may be reviewed.
2266 2. The notice shall be given to the state land planning
2267 agency, to the applicable regional planning agency, and to such
2268 other persons as may have been designated by the state land
2269 planning agency as entitled to receive such notices.
2270 3. A public hearing date shall be set by the appropriate
2271 local government at the next scheduled meeting.
2272 (f) Following the public hearing, the local government
2273 shall issue a written order, appealable under s. 380.07, which
2274 approves, approves with conditions, or denies the petition. It
2275 shall approve the petitioner as the developer if it finds that
2276 the petitioner and defined planning area meet the standards and
2277 criteria, consistent with applicable law, pursuant to
2278 subparagraph (b)3.
2279 (g) The local government shall submit any order which
2280 approves the petition, or approves the petition with conditions,
2281 to the petitioner, to all owners of property within the defined
2282 planning area, to the regional planning agency, and to the state
2283 land planning agency within 30 days after the order becomes
2284 effective.
2285 (h) The petitioner, an owner of property within the defined
2286 planning area, the appropriate regional planning agency by vote
2287 at a regularly scheduled meeting, or the state land planning
2288 agency may appeal the decision of the local government to the
2289 Florida Land and Water Adjudicatory Commission by filing a
2290 notice of appeal with the commission. The procedures established
2291 in s. 380.07 shall be followed for such an appeal.
2292 (i) After the time for appeal of the decision has run, an
2293 approved developer may submit an application for development
2294 approval for a proposed areawide development of regional impact
2295 for land within the defined planning area, pursuant to
2296 subsection (6). Development undertaken in conformance with an
2297 areawide development order issued under this section shall not
2298 require further development-of-regional-impact review.
2299 (j) In reviewing an application for a proposed areawide
2300 development of regional impact, the regional planning agency
2301 shall evaluate, and the local government shall consider, the
2302 following criteria, in addition to any other criteria set forth
2303 in this section:
2304 1. Whether the developer has demonstrated its legal,
2305 financial, and administrative ability to perform any commitments
2306 it has made in the application for a proposed areawide
2307 development of regional impact.
2308 2. Whether the developer has demonstrated that all property
2309 owners within the defined planning area consent or do not object
2310 to the proposed areawide development of regional impact.
2311 3. Whether the area and the anticipated development are
2312 consistent with the applicable local, regional, and state
2313 comprehensive plans, except as provided for in paragraph (k).
2314 (k) In addition to the requirements of subsection (14), a
2315 development order approving, or approving with conditions, a
2316 proposed areawide development of regional impact shall specify
2317 the approved land uses and the amount of development approved
2318 within each land use category in the defined planning area. The
2319 development order shall incorporate by reference the approved
2320 areawide development plan. The local government shall not
2321 approve an areawide development plan that is inconsistent with
2322 the local comprehensive plan, except that a local government may
2323 amend its comprehensive plan pursuant to paragraph (6)(b).
2324 (l) Any owner of property within the defined planning area
2325 may withdraw his or her consent to the areawide development plan
2326 at any time prior to local government approval, with or without
2327 conditions, of the petition; and the plan, the areawide
2328 development order, and the exemption from development-of
2329 regional-impact review of individual projects under this section
2330 shall not thereafter apply to the owner’s property. After the
2331 areawide development order is issued, a landowner may withdraw
2332 his or her consent only with the approval of the local
2333 government.
2334 (m) If the developer of an areawide development of regional
2335 impact is a general purpose local government with jurisdiction
2336 over the land area included within the areawide development
2337 proposal and if no interest in the land within the land area is
2338 owned, leased, or otherwise controlled by a person, corporate or
2339 natural, for the purpose of mining or beneficiation of minerals,
2340 then:
2341 1. Demonstration of property owner consent or lack of
2342 objection to an areawide development plan shall not be required;
2343 and
2344 2. The option to withdraw consent does not apply, and all
2345 property and development within the areawide development
2346 planning area shall be subject to the areawide plan and to the
2347 development order conditions.
2348 (n) After a development order approving an areawide
2349 development plan is received, changes shall be subject to the
2350 provisions of subsection (19), except that the percentages and
2351 numerical criteria shall be double those listed in paragraph
2352 (19)(b).
2353 (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
2354 (a) There is hereby established a process to abandon a
2355 development of regional impact and its associated development
2356 orders. A development of regional impact and its associated
2357 development orders may be proposed to be abandoned by the owner
2358 or developer. The local government in whose jurisdiction in
2359 which the development of regional impact is located also may
2360 propose to abandon the development of regional impact, provided
2361 that the local government gives individual written notice to
2362 each development-of-regional-impact owner and developer of
2363 record, and provided that no such owner or developer objects in
2364 writing to the local government before prior to or at the public
2365 hearing pertaining to abandonment of the development of regional
2366 impact. The state land planning agency is authorized to
2367 promulgate rules that shall include, but not be limited to,
2368 criteria for determining whether to grant, grant with
2369 conditions, or deny a proposal to abandon, and provisions to
2370 ensure that the developer satisfies all applicable conditions of
2371 the development order and adequately mitigates for the impacts
2372 of the development. If there is no existing development within
2373 the development of regional impact at the time of abandonment
2374 and no development within the development of regional impact is
2375 proposed by the owner or developer after such abandonment, an
2376 abandonment order may shall not require the owner or developer
2377 to contribute any land, funds, or public facilities as a
2378 condition of such abandonment order. The local government must
2379 file rules shall also provide a procedure for filing notice of
2380 the abandonment pursuant to s. 28.222 with the clerk of the
2381 circuit court for each county in which the development of
2382 regional impact is located. Abandonment will be deemed to have
2383 occurred upon the recording of the notice. Any decision by a
2384 local government concerning the abandonment of a development of
2385 regional impact is shall be subject to an appeal pursuant to s.
2386 380.07. The issues in any such appeal must shall be confined to
2387 whether the provisions of this subsection or any rules
2388 promulgated thereunder have been satisfied.
2389 (b) If requested by the owner, developer, or local
2390 government, the development-of-regional-impact development order
2391 must be abandoned by the local government having jurisdiction
2392 upon a showing that all required mitigation related to the
2393 amount of development which existed on the date of abandonment
2394 has been completed or will be completed under an existing permit
2395 or equivalent authorization issued by a governmental agency as
2396 defined in s. 380.031(6), provided such permit or authorization
2397 is subject to enforcement through administrative or judicial
2398 remedies Upon receipt of written confirmation from the state
2399 land planning agency that any required mitigation applicable to
2400 completed development has occurred, an industrial development of
2401 regional impact located within the coastal high-hazard area of a
2402 rural area of opportunity which was approved before the adoption
2403 of the local government’s comprehensive plan required under s.
2404 163.3167 and which plan’s future land use map and zoning
2405 designates the land use for the development of regional impact
2406 as commercial may be unilaterally abandoned without the need to
2407 proceed through the process described in paragraph (a) if the
2408 developer or owner provides a notice of abandonment to the local
2409 government and records such notice with the applicable clerk of
2410 court. Abandonment shall be deemed to have occurred upon the
2411 recording of the notice. All development following abandonment
2412 must shall be fully consistent with the current comprehensive
2413 plan and applicable zoning.
2414 (c) A development order for abandonment of an approved
2415 development of regional impact may be amended by a local
2416 government pursuant to subsection (7), provided that the
2417 amendment does not reduce any mitigation previously required as
2418 a condition of abandonment, unless the developer demonstrates
2419 that changes to the development no longer will result in impacts
2420 that necessitated the mitigation.
2421 (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
2422 DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
2423 or her rights, responsibilities, and obligations under a
2424 development order and the development order does not clearly
2425 define his or her rights, responsibilities, and obligations, the
2426 developer or owner may request participation in resolving the
2427 dispute through the dispute resolution process outlined in s.
2428 186.509. The Department of Economic Opportunity shall be
2429 notified by certified mail of any meeting held under the process
2430 provided for by this subsection at least 5 days before the
2431 meeting.
2432 (28) PARTIAL STATUTORY EXEMPTIONS.—
2433 (a) If the binding agreement referenced under paragraph
2434 (24)(l) for urban service boundaries is not entered into within
2435 12 months after establishment of the urban service boundary, the
2436 development-of-regional-impact review for projects within the
2437 urban service boundary must address transportation impacts only.
2438 (b) If the binding agreement referenced under paragraph
2439 (24)(m) for rural land stewardship areas is not entered into
2440 within 12 months after the designation of a rural land
2441 stewardship area, the development-of-regional-impact review for
2442 projects within the rural land stewardship area must address
2443 transportation impacts only.
2444 (c) If the binding agreement for designated urban infill
2445 and redevelopment areas is not entered into within 12 months
2446 after the designation of the area or July 1, 2007, whichever
2447 occurs later, the development-of-regional-impact review for
2448 projects within the urban infill and redevelopment area must
2449 address transportation impacts only.
2450 (d) A local government that does not wish to enter into a
2451 binding agreement or that is unable to agree on the terms of the
2452 agreement referenced under paragraph (24)(l) or paragraph
2453 (24)(m) shall provide written notification to the state land
2454 planning agency of the decision to not enter into a binding
2455 agreement or the failure to enter into a binding agreement
2456 within the 12-month period referenced in paragraphs (a), (b) and
2457 (c). Following the notification of the state land planning
2458 agency, development-of-regional-impact review for projects
2459 within an urban service boundary under paragraph (24)(l), or a
2460 rural land stewardship area under paragraph (24)(m), must
2461 address transportation impacts only.
2462 (e) The vesting provision of s. 163.3167(5) relating to an
2463 authorized development of regional impact does not apply to
2464 those projects partially exempt from the development-of
2465 regional-impact review process under paragraphs (a)-(d).
2466 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
2467 (a) The following are exempt from this section:
2468 1. Any proposed development in a municipality that has an
2469 average of at least 1,000 people per square mile of land area
2470 and a minimum total population of at least 5,000;
2471 2. Any proposed development within a county, including the
2472 municipalities located in the county, that has an average of at
2473 least 1,000 people per square mile of land area and is located
2474 within an urban service area as defined in s. 163.3164 which has
2475 been adopted into the comprehensive plan;
2476 3. Any proposed development within a county, including the
2477 municipalities located therein, which has a population of at
2478 least 900,000, that has an average of at least 1,000 people per
2479 square mile of land area, but which does not have an urban
2480 service area designated in the comprehensive plan; or
2481 4. Any proposed development within a county, including the
2482 municipalities located therein, which has a population of at
2483 least 1 million and is located within an urban service area as
2484 defined in s. 163.3164 which has been adopted into the
2485 comprehensive plan.
2486
2487 The Office of Economic and Demographic Research within the
2488 Legislature shall annually calculate the population and density
2489 criteria needed to determine which jurisdictions meet the
2490 density criteria in subparagraphs 1.-4. by using the most recent
2491 land area data from the decennial census conducted by the Bureau
2492 of the Census of the United States Department of Commerce and
2493 the latest available population estimates determined pursuant to
2494 s. 186.901. If any local government has had an annexation,
2495 contraction, or new incorporation, the Office of Economic and
2496 Demographic Research shall determine the population density
2497 using the new jurisdictional boundaries as recorded in
2498 accordance with s. 171.091. The Office of Economic and
2499 Demographic Research shall annually submit to the state land
2500 planning agency by July 1 a list of jurisdictions that meet the
2501 total population and density criteria. The state land planning
2502 agency shall publish the list of jurisdictions on its Internet
2503 website within 7 days after the list is received. The
2504 designation of jurisdictions that meet the criteria of
2505 subparagraphs 1.-4. is effective upon publication on the state
2506 land planning agency’s Internet website. If a municipality that
2507 has previously met the criteria no longer meets the criteria,
2508 the state land planning agency shall maintain the municipality
2509 on the list and indicate the year the jurisdiction last met the
2510 criteria. However, any proposed development of regional impact
2511 not within the established boundaries of a municipality at the
2512 time the municipality last met the criteria must meet the
2513 requirements of this section until such time as the municipality
2514 as a whole meets the criteria. Any county that meets the
2515 criteria shall remain on the list in accordance with the
2516 provisions of this paragraph. Any jurisdiction that was placed
2517 on the dense urban land area list before June 2, 2011, shall
2518 remain on the list in accordance with the provisions of this
2519 paragraph.
2520 (b) If a municipality that does not qualify as a dense
2521 urban land area pursuant to paragraph (a) designates any of the
2522 following areas in its comprehensive plan, any proposed
2523 development within the designated area is exempt from the
2524 development-of-regional-impact process:
2525 1. Urban infill as defined in s. 163.3164;
2526 2. Community redevelopment areas as defined in s. 163.340;
2527 3. Downtown revitalization areas as defined in s. 163.3164;
2528 4. Urban infill and redevelopment under s. 163.2517; or
2529 5. Urban service areas as defined in s. 163.3164 or areas
2530 within a designated urban service boundary under s.
2531 163.3177(14), Florida Statutes (2010).
2532 (c) If a county that does not qualify as a dense urban land
2533 area designates any of the following areas in its comprehensive
2534 plan, any proposed development within the designated area is
2535 exempt from the development-of-regional-impact process:
2536 1. Urban infill as defined in s. 163.3164;
2537 2. Urban infill and redevelopment under s. 163.2517; or
2538 3. Urban service areas as defined in s. 163.3164.
2539 (d) A development that is located partially outside an area
2540 that is exempt from the development-of-regional-impact program
2541 must undergo development-of-regional-impact review pursuant to
2542 this section. However, if the total acreage that is included
2543 within the area exempt from development-of-regional-impact
2544 review exceeds 85 percent of the total acreage and square
2545 footage of the approved development of regional impact, the
2546 development-of-regional-impact development order may be
2547 rescinded in both local governments pursuant to s. 380.115(1),
2548 unless the portion of the development outside the exempt area
2549 meets the threshold criteria of a development-of-regional
2550 impact.
2551 (e) In an area that is exempt under paragraphs (a)-(c), any
2552 previously approved development-of-regional-impact development
2553 orders shall continue to be effective, but the developer has the
2554 option to be governed by s. 380.115(1). A pending application
2555 for development approval shall be governed by s. 380.115(2).
2556 (f) Local governments must submit by mail a development
2557 order to the state land planning agency for projects that would
2558 be larger than 120 percent of any applicable development-of
2559 regional-impact threshold and would require development-of
2560 regional-impact review but for the exemption from the program
2561 under paragraphs (a)-(c). For such development orders, the state
2562 land planning agency may appeal the development order pursuant
2563 to s. 380.07 for inconsistency with the comprehensive plan
2564 adopted under chapter 163.
2565 (g) If a local government that qualifies as a dense urban
2566 land area under this subsection is subsequently found to be
2567 ineligible for designation as a dense urban land area, any
2568 development located within that area which has a complete,
2569 pending application for authorization to commence development
2570 may maintain the exemption if the developer is continuing the
2571 application process in good faith or the development is
2572 approved.
2573 (h) This subsection does not limit or modify the rights of
2574 any person to complete any development that has been authorized
2575 as a development of regional impact pursuant to this chapter.
2576 (i) This subsection does not apply to areas:
2577 1. Within the boundary of any area of critical state
2578 concern designated pursuant to s. 380.05;
2579 2. Within the boundary of the Wekiva Study Area as
2580 described in s. 369.316; or
2581 3. Within 2 miles of the boundary of the Everglades
2582 Protection Area as described in s. 373.4592(2).
2583 (12)(30) PROPOSED DEVELOPMENTS.—A proposed development that
2584 exceeds the statewide guidelines and standards specified in s.
2585 380.0651 and is not otherwise exempt pursuant to s. 380.0651
2586 must otherwise subject to the review requirements of this
2587 section shall be approved by a local government pursuant to s.
2588 163.3184(4) in lieu of proceeding in accordance with this
2589 section. However, if the proposed development is consistent with
2590 the comprehensive plan as provided in s. 163.3194(3)(b), the
2591 development is not required to undergo review pursuant to s.
2592 163.3184(4) or this section. This subsection does not apply to
2593 amendments to a development order governing an existing
2594 development of regional impact.
2595 Section 3. Section 380.061, Florida Statutes, is amended to
2596 read:
2597 380.061 The Florida Quality Developments program.—
2598 (1) This section only applies to developments approved as
2599 Florida Quality Developments before the effective date of this
2600 act There is hereby created the Florida Quality Developments
2601 program. The intent of this program is to encourage development
2602 which has been thoughtfully planned to take into consideration
2603 protection of Florida’s natural amenities, the cost to local
2604 government of providing services to a growing community, and the
2605 high quality of life Floridians desire. It is further intended
2606 that the developer be provided, through a cooperative and
2607 coordinated effort, an expeditious and timely review by all
2608 agencies with jurisdiction over the project of his or her
2609 proposed development.
2610 (2) Following written notification to the state land
2611 planning agency and the appropriate regional planning agency, a
2612 local government with an approved Florida Quality Development
2613 within its jurisdiction must set a public hearing pursuant to
2614 its local procedures and shall adopt a local development order
2615 to replace and supersede the development order adopted by the
2616 state land planning agency for the Florida Quality Development.
2617 Thereafter, the Florida Quality Development shall follow the
2618 procedures and requirements for developments of regional impact
2619 as specified in this chapter Developments that may be designated
2620 as Florida Quality Developments are those developments which are
2621 above 80 percent of any numerical thresholds in the guidelines
2622 and standards for development-of-regional-impact review pursuant
2623 to s. 380.06.
2624 (3)(a) To be eligible for designation under this program,
2625 the developer shall comply with each of the following
2626 requirements if applicable to the site of a qualified
2627 development:
2628 1. Donate or enter into a binding commitment to donate the
2629 fee or a lesser interest sufficient to protect, in perpetuity,
2630 the natural attributes of the types of land listed below. In
2631 lieu of this requirement, the developer may enter into a binding
2632 commitment that runs with the land to set aside such areas on
2633 the property, in perpetuity, as open space to be retained in a
2634 natural condition or as otherwise permitted under this
2635 subparagraph. Under the requirements of this subparagraph, the
2636 developer may reserve the right to use such areas for passive
2637 recreation that is consistent with the purposes for which the
2638 land was preserved.
2639 a. Those wetlands and water bodies throughout the state
2640 which would be delineated if the provisions of s. 373.4145(1)(b)
2641 were applied. The developer may use such areas for the purpose
2642 of site access, provided other routes of access are unavailable
2643 or impracticable; may use such areas for the purpose of
2644 stormwater or domestic sewage management and other necessary
2645 utilities if such uses are permitted pursuant to chapter 403; or
2646 may redesign or alter wetlands and water bodies within the
2647 jurisdiction of the Department of Environmental Protection which
2648 have been artificially created if the redesign or alteration is
2649 done so as to produce a more naturally functioning system.
2650 b. Active beach or primary and, where appropriate,
2651 secondary dunes, to maintain the integrity of the dune system
2652 and adequate public accessways to the beach. However, the
2653 developer may retain the right to construct and maintain
2654 elevated walkways over the dunes to provide access to the beach.
2655 c. Known archaeological sites determined to be of
2656 significance by the Division of Historical Resources of the
2657 Department of State.
2658 d. Areas known to be important to animal species designated
2659 as endangered or threatened by the United States Fish and
2660 Wildlife Service or by the Fish and Wildlife Conservation
2661 Commission, for reproduction, feeding, or nesting; for traveling
2662 between such areas used for reproduction, feeding, or nesting;
2663 or for escape from predation.
2664 e. Areas known to contain plant species designated as
2665 endangered by the Department of Agriculture and Consumer
2666 Services.
2667 2. Produce, or dispose of, no substances designated as
2668 hazardous or toxic substances by the United States Environmental
2669 Protection Agency, the Department of Environmental Protection,
2670 or the Department of Agriculture and Consumer Services. This
2671 subparagraph does not apply to the production of these
2672 substances in nonsignificant amounts as would occur through
2673 household use or incidental use by businesses.
2674 3. Participate in a downtown reuse or redevelopment program
2675 to improve and rehabilitate a declining downtown area.
2676 4. Incorporate no dredge and fill activities in, and no
2677 stormwater discharge into, waters designated as Class II,
2678 aquatic preserves, or Outstanding Florida Waters, except as
2679 permitted pursuant to s. 403.813(1), and the developer
2680 demonstrates that those activities meet the standards under
2681 Class II waters, Outstanding Florida Waters, or aquatic
2682 preserves, as applicable.
2683 5. Include open space, recreation areas, Florida-friendly
2684 landscaping as defined in s. 373.185, and energy conservation
2685 and minimize impermeable surfaces as appropriate to the location
2686 and type of project.
2687 6. Provide for construction and maintenance of all onsite
2688 infrastructure necessary to support the project and enter into a
2689 binding commitment with local government to provide an
2690 appropriate fair-share contribution toward the offsite impacts
2691 that the development will impose on publicly funded facilities
2692 and services, except offsite transportation, and condition or
2693 phase the commencement of development to ensure that public
2694 facilities and services, except offsite transportation, are
2695 available concurrent with the impacts of the development. For
2696 the purposes of offsite transportation impacts, the developer
2697 shall comply, at a minimum, with the standards of the state land
2698 planning agency’s development-of-regional-impact transportation
2699 rule, the approved strategic regional policy plan, any
2700 applicable regional planning council transportation rule, and
2701 the approved local government comprehensive plan and land
2702 development regulations adopted pursuant to part II of chapter
2703 163.
2704 7. Design and construct the development in a manner that is
2705 consistent with the adopted state plan, the applicable strategic
2706 regional policy plan, and the applicable adopted local
2707 government comprehensive plan.
2708 (b) In addition to the foregoing requirements, the
2709 developer shall plan and design his or her development in a
2710 manner which includes the needs of the people in this state as
2711 identified in the state comprehensive plan and the quality of
2712 life of the people who will live and work in or near the
2713 development. The developer is encouraged to plan and design his
2714 or her development in an innovative manner. These planning and
2715 design features may include, but are not limited to, such things
2716 as affordable housing, care for the elderly, urban renewal or
2717 redevelopment, mass transit, the protection and preservation of
2718 wetlands outside the jurisdiction of the Department of
2719 Environmental Protection or of uplands as wildlife habitat,
2720 provision for the recycling of solid waste, provision for onsite
2721 child care, enhancement of emergency management capabilities,
2722 the preservation of areas known to be primary habitat for
2723 significant populations of species of special concern designated
2724 by the Fish and Wildlife Conservation Commission, or community
2725 economic development. These additional amenities will be
2726 considered in determining whether the development qualifies for
2727 designation under this program.
2728 (4) The department shall adopt an application for
2729 development designation consistent with the intent of this
2730 section.
2731 (5)(a) Before filing an application for development
2732 designation, the developer shall contact the Department of
2733 Economic Opportunity to arrange one or more preapplication
2734 conferences with the other reviewing entities. Upon the request
2735 of the developer or any of the reviewing entities, other
2736 affected state or regional agencies shall participate in this
2737 conference. The department, in coordination with the local
2738 government with jurisdiction and the regional planning council,
2739 shall provide the developer information about the Florida
2740 Quality Developments designation process and the use of
2741 preapplication conferences to identify issues, coordinate
2742 appropriate state, regional, and local agency requirements,
2743 fully address any concerns of the local government, the regional
2744 planning council, and other reviewing agencies and the meeting
2745 of those concerns, if applicable, through development order
2746 conditions, and otherwise promote a proper, efficient, and
2747 timely review of the proposed Florida Quality Development. The
2748 department shall take the lead in coordinating the review
2749 process.
2750 (b) The developer shall submit the application to the state
2751 land planning agency, the appropriate regional planning agency,
2752 and the appropriate local government for review. The review
2753 shall be conducted under the time limits and procedures set
2754 forth in s. 120.60, except that the 90-day time limit shall
2755 cease to run when the state land planning agency and the local
2756 government have notified the applicant of their decision on
2757 whether the development should be designated under this program.
2758 (c) At any time prior to the issuance of the Florida
2759 Quality Development development order, the developer of a
2760 proposed Florida Quality Development shall have the right to
2761 withdraw the proposed project from consideration as a Florida
2762 Quality Development. The developer may elect to convert the
2763 proposed project to a proposed development of regional impact.
2764 The conversion shall be in the form of a letter to the reviewing
2765 entities stating the developer’s intent to seek authorization
2766 for the development as a development of regional impact under s.
2767 380.06. If a proposed Florida Quality Development converts to a
2768 development of regional impact, the developer shall resubmit the
2769 appropriate application and the development shall be subject to
2770 all applicable procedures under s. 380.06, except that:
2771 1. A preapplication conference held under paragraph (a)
2772 satisfies the preapplication procedures requirement under s.
2773 380.06(7); and
2774 2. If requested in the withdrawal letter, a finding of
2775 completeness of the application under paragraph (a) and s.
2776 120.60 may be converted to a finding of sufficiency by the
2777 regional planning council if such a conversion is approved by
2778 the regional planning council.
2779
2780 The regional planning council shall have 30 days to notify the
2781 developer if the request for conversion of completeness to
2782 sufficiency is granted or denied. If granted and the application
2783 is found sufficient, the regional planning council shall notify
2784 the local government that a public hearing date may be set to
2785 consider the development for approval as a development of
2786 regional impact, and the development shall be subject to all
2787 applicable rules, standards, and procedures of s. 380.06. If the
2788 request for conversion of completeness to sufficiency is denied,
2789 the developer shall resubmit the appropriate application for
2790 review and the development shall be subject to all applicable
2791 procedures under s. 380.06, except as otherwise provided in this
2792 paragraph.
2793 (d) If the local government and state land planning agency
2794 agree that the project should be designated under this program,
2795 the state land planning agency shall issue a development order
2796 which incorporates the plan of development as set out in the
2797 application along with any agreed-upon modifications and
2798 conditions, based on recommendations by the local government and
2799 regional planning council, and a certification that the
2800 development is designated as one of Florida’s Quality
2801 Developments. In the event of conflicting recommendations, the
2802 state land planning agency, after consultation with the local
2803 government and the regional planning agency, shall resolve such
2804 conflicts in the development order. Upon designation, the
2805 development, as approved, is exempt from development-of
2806 regional-impact review pursuant to s. 380.06.
2807 (e) If the local government or state land planning agency,
2808 or both, recommends against designation, the development shall
2809 undergo development-of-regional-impact review pursuant to s.
2810 380.06, except as provided in subsection (6) of this section.
2811 (6)(a) In the event that the development is not designated
2812 under subsection (5), the developer may appeal that
2813 determination to the Quality Developments Review Board. The
2814 board shall consist of the secretary of the state land planning
2815 agency, the Secretary of Environmental Protection and a member
2816 designated by the secretary, the Secretary of Transportation,
2817 the executive director of the Fish and Wildlife Conservation
2818 Commission, the executive director of the appropriate water
2819 management district created pursuant to chapter 373, and the
2820 chief executive officer of the appropriate local government.
2821 When there is a significant historical or archaeological site
2822 within the boundaries of a development which is appealed to the
2823 board, the director of the Division of Historical Resources of
2824 the Department of State shall also sit on the board. The staff
2825 of the state land planning agency shall serve as staff to the
2826 board.
2827 (b) The board shall meet once each quarter of the year.
2828 However, a meeting may be waived if no appeals are pending.
2829 (c) On appeal, the sole issue shall be whether the
2830 development meets the statutory criteria for designation under
2831 this program. An affirmative vote of at least five members of
2832 the board, including the affirmative vote of the chief executive
2833 officer of the appropriate local government, shall be necessary
2834 to designate the development by the board.
2835 (d) The state land planning agency shall adopt procedural
2836 rules for consideration of appeals under this subsection.
2837 (7)(a) The development order issued pursuant to this
2838 section is enforceable in the same manner as a development order
2839 issued pursuant to s. 380.06.
2840 (b) Appeal of a development order issued pursuant to this
2841 section shall be available only pursuant to s. 380.07.
2842 (8)(a) Any local government comprehensive plan amendments
2843 related to a Florida Quality Development may be initiated by a
2844 local planning agency and considered by the local governing body
2845 at the same time as the application for development approval.
2846 Nothing in this subsection shall be construed to require
2847 favorable consideration of a Florida Quality Development solely
2848 because it is related to a development of regional impact.
2849 (b) The department shall adopt, by rule, standards and
2850 procedures necessary to implement the Florida Quality
2851 Developments program. The rules must include, but need not be
2852 limited to, provisions governing annual reports and criteria for
2853 determining whether a proposed change to an approved Florida
2854 Quality Development is a substantial change requiring further
2855 review.
2856 Section 4. Section 380.0651, Florida Statutes, is amended
2857 to read:
2858 380.0651 Statewide guidelines, and standards, and
2859 exemptions.—
2860 (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
2861 guidelines and standards for developments required to undergo
2862 development-of-regional-impact review provided in this section
2863 supersede the statewide guidelines and standards previously
2864 adopted by the Administration Commission that address the same
2865 development. Other standards and guidelines previously adopted
2866 by the Administration Commission, including the residential
2867 standards and guidelines, shall not be superseded. The
2868 guidelines and standards shall be applied in the manner
2869 described in s. 380.06(2)(a).
2870 (2) The Administration Commission shall publish the
2871 statewide guidelines and standards established in this section
2872 in its administrative rule in place of the guidelines and
2873 standards that are superseded by this act, without the
2874 proceedings required by s. 120.54 and notwithstanding the
2875 provisions of s. 120.545(1)(c). The Administration Commission
2876 shall initiate rulemaking proceedings pursuant to s. 120.54 to
2877 make all other technical revisions necessary to conform the
2878 rules to this act. Rule amendments made pursuant to this
2879 subsection shall not be subject to the requirement for
2880 legislative approval pursuant to s. 380.06(2).
2881 (3) Subject to the exemptions and partial exemptions
2882 specified in this section, the following statewide guidelines
2883 and standards shall be applied in the manner described in s.
2884 380.06(2) to determine whether the following developments are
2885 subject to the requirements of s. 380.06 shall be required to
2886 undergo development-of-regional-impact review:
2887 (a) Airports.—
2888 1. Any of the following airport construction projects is
2889 shall be a development of regional impact:
2890 a. A new commercial service or general aviation airport
2891 with paved runways.
2892 b. A new commercial service or general aviation paved
2893 runway.
2894 c. A new passenger terminal facility.
2895 2. Lengthening of an existing runway by 25 percent or an
2896 increase in the number of gates by 25 percent or three gates,
2897 whichever is greater, on a commercial service airport or a
2898 general aviation airport with regularly scheduled flights is a
2899 development of regional impact. However, expansion of existing
2900 terminal facilities at a nonhub or small hub commercial service
2901 airport is shall not be a development of regional impact.
2902 3. Any airport development project which is proposed for
2903 safety, repair, or maintenance reasons alone and would not have
2904 the potential to increase or change existing types of aircraft
2905 activity is not a development of regional impact.
2906 Notwithstanding subparagraphs 1. and 2., renovation,
2907 modernization, or replacement of airport airside or terminal
2908 facilities that may include increases in square footage of such
2909 facilities but does not increase the number of gates or change
2910 the existing types of aircraft activity is not a development of
2911 regional impact.
2912 (b) Attractions and recreation facilities.—Any sports,
2913 entertainment, amusement, or recreation facility, including, but
2914 not limited to, a sports arena, stadium, racetrack, tourist
2915 attraction, amusement park, or pari-mutuel facility, the
2916 construction or expansion of which:
2917 1. For single performance facilities:
2918 a. Provides parking spaces for more than 2,500 cars; or
2919 b. Provides more than 10,000 permanent seats for
2920 spectators.
2921 2. For serial performance facilities:
2922 a. Provides parking spaces for more than 1,000 cars; or
2923 b. Provides more than 4,000 permanent seats for spectators.
2924
2925 For purposes of this subsection, “serial performance facilities”
2926 means those using their parking areas or permanent seating more
2927 than one time per day on a regular or continuous basis.
2928 (c) Office development.—Any proposed office building or
2929 park operated under common ownership, development plan, or
2930 management that:
2931 1. Encompasses 300,000 or more square feet of gross floor
2932 area; or
2933 2. Encompasses more than 600,000 square feet of gross floor
2934 area in a county with a population greater than 500,000 and only
2935 in a geographic area specifically designated as highly suitable
2936 for increased threshold intensity in the approved local
2937 comprehensive plan.
2938 (d) Retail and service development.—Any proposed retail,
2939 service, or wholesale business establishment or group of
2940 establishments which deals primarily with the general public
2941 onsite, operated under one common property ownership,
2942 development plan, or management that:
2943 1. Encompasses more than 400,000 square feet of gross area;
2944 or
2945 2. Provides parking spaces for more than 2,500 cars.
2946 (e) Recreational vehicle development.—Any proposed
2947 recreational vehicle development planned to create or
2948 accommodate 500 or more spaces.
2949 (f) Multiuse development.—Any proposed development with two
2950 or more land uses where the sum of the percentages of the
2951 appropriate thresholds identified in chapter 28-24, Florida
2952 Administrative Code, or this section for each land use in the
2953 development is equal to or greater than 145 percent. Any
2954 proposed development with three or more land uses, one of which
2955 is residential and contains at least 100 dwelling units or 15
2956 percent of the applicable residential threshold, whichever is
2957 greater, where the sum of the percentages of the appropriate
2958 thresholds identified in chapter 28-24, Florida Administrative
2959 Code, or this section for each land use in the development is
2960 equal to or greater than 160 percent. This threshold is in
2961 addition to, and does not preclude, a development from being
2962 required to undergo development-of-regional-impact review under
2963 any other threshold.
2964 (g) Residential development.—A rule may not be adopted
2965 concerning residential developments which treats a residential
2966 development in one county as being located in a less populated
2967 adjacent county unless more than 25 percent of the development
2968 is located within 2 miles or less of the less populated adjacent
2969 county. The residential thresholds of adjacent counties with
2970 less population and a lower threshold may not be controlling on
2971 any development wholly located within areas designated as rural
2972 areas of opportunity.
2973 (h) Workforce housing.—The applicable guidelines for
2974 residential development and the residential component for
2975 multiuse development shall be increased by 50 percent where the
2976 developer demonstrates that at least 15 percent of the total
2977 residential dwelling units authorized within the development of
2978 regional impact will be dedicated to affordable workforce
2979 housing, subject to a recorded land use restriction that shall
2980 be for a period of not less than 20 years and that includes
2981 resale provisions to ensure long-term affordability for income
2982 eligible homeowners and renters and provisions for the workforce
2983 housing to be commenced prior to the completion of 50 percent of
2984 the market rate dwelling. For purposes of this paragraph, the
2985 term “affordable workforce housing” means housing that is
2986 affordable to a person who earns less than 120 percent of the
2987 area median income, or less than 140 percent of the area median
2988 income if located in a county in which the median purchase price
2989 for a single-family existing home exceeds the statewide median
2990 purchase price of a single-family existing home. For the
2991 purposes of this paragraph, the term “statewide median purchase
2992 price of a single-family existing home” means the statewide
2993 purchase price as determined in the Florida Sales Report,
2994 Single-Family Existing Homes, released each January by the
2995 Florida Association of Realtors and the University of Florida
2996 Real Estate Research Center.
2997 (i) Schools.—
2998 1. The proposed construction of any public, private, or
2999 proprietary postsecondary educational campus which provides for
3000 a design population of more than 5,000 full-time equivalent
3001 students, or the proposed physical expansion of any public,
3002 private, or proprietary postsecondary educational campus having
3003 such a design population that would increase the population by
3004 at least 20 percent of the design population.
3005 2. As used in this paragraph, “full-time equivalent
3006 student” means enrollment for 15 or more quarter hours during a
3007 single academic semester. In career centers or other
3008 institutions which do not employ semester hours or quarter hours
3009 in accounting for student participation, enrollment for 18
3010 contact hours shall be considered equivalent to one quarter
3011 hour, and enrollment for 27 contact hours shall be considered
3012 equivalent to one semester hour.
3013 3. This paragraph does not apply to institutions which are
3014 the subject of a campus master plan adopted by the university
3015 board of trustees pursuant to s. 1013.30.
3016 (2) STATUTORY EXEMPTIONS.—The following developments are
3017 exempt from s. 380.06:
3018 (a) Any proposed hospital.
3019 (b) Any proposed electrical transmission line or electrical
3020 power plant.
3021 (c) Any proposed addition to an existing sports facility
3022 complex if the addition meets the following characteristics:
3023 1. It would not operate concurrently with the scheduled
3024 hours of operation of the existing facility;
3025 2. Its seating capacity would be no more than 75 percent of
3026 the capacity of the existing facility; and
3027 3. The sports facility complex property was owned by a
3028 public body before July 1, 1983.
3029
3030 This exemption does not apply to any pari-mutuel facility as
3031 defined in s. 550.002.
3032 (d) Any proposed addition or cumulative additions
3033 subsequent to July 1, 1988, to an existing sports facility
3034 complex owned by a state university, if the increased seating
3035 capacity of the complex is no more than 30 percent of the
3036 capacity of the existing facility.
3037 (e) Any addition of permanent seats or parking spaces for
3038 an existing sports facility located on property owned by a
3039 public body before July 1, 1973, if future additions do not
3040 expand existing permanent seating or parking capacity more than
3041 15 percent annually in excess of the prior year’s capacity.
3042 (f) Any increase in the seating capacity of an existing
3043 sports facility having a permanent seating capacity of at least
3044 50,000 spectators, provided that such an increase does not
3045 increase permanent seating capacity by more than 5 percent per
3046 year and does not exceed a total of 10 percent in any 5-year
3047 period. The sports facility must notify the appropriate local
3048 government within which the facility is located of the increase
3049 at least 6 months before the initial use of the increased
3050 seating in order to permit the appropriate local government to
3051 develop a traffic management plan for the traffic generated by
3052 the increase. Any traffic management plan must be consistent
3053 with the local comprehensive plan, the regional policy plan, and
3054 the state comprehensive plan.
3055 (g) Any expansion in the permanent seating capacity or
3056 additional improved parking facilities of an existing sports
3057 facility, if the following conditions exist:
3058 1.a. The sports facility had a permanent seating capacity
3059 on January 1, 1991, of at least 41,000 spectator seats;
3060 b. The sum of such expansions in permanent seating capacity
3061 does not exceed a total of 10 percent in any 5-year period and
3062 does not exceed a cumulative total of 20 percent for any such
3063 expansions; or
3064 c. The increase in additional improved parking facilities
3065 is a one-time addition and does not exceed 3,500 parking spaces
3066 serving the sports facility; and
3067 2. The local government having jurisdiction over the sports
3068 facility includes in the development order or development permit
3069 approving such expansion under this paragraph a finding of fact
3070 that the proposed expansion is consistent with the
3071 transportation, water, sewer, and stormwater drainage provisions
3072 of the approved local comprehensive plan and local land
3073 development regulations relating to those provisions.
3074
3075 Any owner or developer who intends to rely on this statutory
3076 exemption shall provide to the state land planning agency a copy
3077 of the local government application for a development permit.
3078 Within 45 days after receipt of the application, the state land
3079 planning agency shall render to the local government an advisory
3080 and nonbinding opinion, in writing, stating whether, in the
3081 state land planning agency’s opinion, the prescribed conditions
3082 exist for an exemption under this paragraph. The local
3083 government shall render the development order approving each
3084 such expansion to the state land planning agency. The owner,
3085 developer, or state land planning agency may appeal the local
3086 government development order pursuant to s. 380.07 within 45
3087 days after the order is rendered. The scope of review shall be
3088 limited to the determination of whether the conditions
3089 prescribed in this paragraph exist. If any sports facility
3090 expansion undergoes development-of-regional-impact review, all
3091 previous expansions that were exempt under this paragraph must
3092 be included in the development-of-regional-impact review.
3093 (h) Expansion to port harbors, spoil disposal sites,
3094 navigation channels, turning basins, harbor berths, and other
3095 related inwater harbor facilities of the ports specified in s.
3096 403.021(9)(b), port transportation facilities and projects
3097 listed in s. 311.07(3)(b), and intermodal transportation
3098 facilities identified pursuant to s. 311.09(3) when such
3099 expansions, projects, or facilities are consistent with port
3100 master plans and are in compliance with s. 163.3178.
3101 (i) Any proposed facility for the storage of any petroleum
3102 product or any expansion of an existing facility.
3103 (j) Any renovation or redevelopment within the same parcel
3104 as the existing development if such renovation or redevelopment
3105 does not change land use or increase density or intensity of
3106 use.
3107 (k) Waterport and marina development, including dry storage
3108 facilities.
3109 (l) Any proposed development within an urban service area
3110 boundary established under s. 163.3177(14), Florida Statutes
3111 2010, that is not otherwise exempt pursuant to subsection (3),if
3112 the local government having jurisdiction over the area where the
3113 development is proposed has adopted the urban service area
3114 boundary and has entered into a binding agreement with
3115 jurisdictions that would be impacted and with the Department of
3116 Transportation regarding the mitigation of impacts on state and
3117 regional transportation facilities.
3118 (m) Any proposed development within a rural land
3119 stewardship area created under s. 163.3248.
3120 (n) The establishment, relocation, or expansion of any
3121 military installation as specified in s. 163.3175.
3122 (o) Any self-storage warehousing that does not allow retail
3123 or other services.
3124 (p) Any proposed nursing home or assisted living facility.
3125 (q) Any development identified in an airport master plan
3126 and adopted into the comprehensive plan pursuant to s.
3127 163.3177(6)(b)4.
3128 (r) Any development identified in a campus master plan and
3129 adopted pursuant to s. 1013.30.
3130 (s) Any development in a detailed specific area plan
3131 prepared and adopted pursuant to s. 163.3245.
3132 (t) Any proposed solid mineral mine and any proposed
3133 addition to, expansion of, or change to an existing solid
3134 mineral mine. A mine owner must, however, enter into a binding
3135 agreement with the Department of Transportation to mitigate
3136 impacts to strategic intermodal system facilities. Proposed
3137 changes to any previously approved solid mineral mine
3138 development-of-regional-impact development orders having vested
3139 rights are not subject to further review or approval as a
3140 development-of-regional-impact or notice-of-proposed-change
3141 review or approval pursuant to subsection (19), except for those
3142 applications pending as of July 1, 2011, which are governed by
3143 s. 380.115(2). Notwithstanding this requirement, pursuant to s.
3144 380.115(1), a previously approved solid mineral mine
3145 development-of-regional impact development order continues to
3146 have vested rights and continues to be effective unless
3147 rescinded by the developer. All local government regulations of
3148 proposed solid mineral mines are applicable to any new solid
3149 mineral mine or to any proposed addition to, expansion of, or
3150 change to an existing solid mineral mine.
3151 (u) Notwithstanding any provision in an agreement with or
3152 among a local government, regional agency, or the state land
3153 planning agency or in a local government’s comprehensive plan to
3154 the contrary, a project no longer subject to development-of
3155 regional-impact review under the revised thresholds specified in
3156 s. 380.06(2)(b) and this section.
3157 (v) Any development within a county that has a research and
3158 education authority created by special act and which is also
3159 within a research and development park that is operated or
3160 managed by a research and development authority pursuant to part
3161 V of chapter 159.
3162 (w) Any development in an energy economic zone designated
3163 pursuant to s. 377.809 upon approval by its local governing
3164 body.
3165
3166 If a use is exempt from review pursuant to paragraphs (a)-(u),
3167 but will be part of a larger project that is subject to review
3168 pursuant to s. 380.06(12), the impact of the exempt use must be
3169 included in the review of the larger project, unless such exempt
3170 use involves a development that includes a landowner, tenant, or
3171 user that has entered into a funding agreement with the state
3172 land planning agency under the Innovation Incentive Program and
3173 the agreement contemplates a state award of at least $50
3174 million.
3175 (3) EXEMPTIONS FOR DENSE URBAN LAND AREAS.
3176 (a) The following are exempt from the requirements of s.
3177 380.06:
3178 1. Any proposed development in a municipality having an
3179 average of at least 1,000 people per square mile of land area
3180 and a minimum total population of at least 5,000;
3181 2. Any proposed development within a county, including the
3182 municipalities located therein, having an average of at least
3183 1,000 people per square mile of land area and the development is
3184 located within an urban service area as defined in s. 163.3164
3185 which has been adopted into the comprehensive plan as defined in
3186 s. 163.3164;
3187 3. Any proposed development within a county, including the
3188 municipalities located therein, having a population of at least
3189 900,000 and an average of at least 1,000 people per square mile
3190 of land area, but which does not have an urban service area
3191 designated in the comprehensive plan; and
3192 4. Any proposed development within a county, including the
3193 municipalities located therein, having a population of at least
3194 1 million and the development is located within an urban service
3195 area as defined in s. 163.3164 which has been adopted into the
3196 comprehensive plan.
3197
3198 The Office of Economic and Demographic Research within the
3199 Legislature shall annually calculate the population and density
3200 criteria needed to determine which jurisdictions meet the
3201 density criteria in subparagraphs 1.-4. by using the most recent
3202 land area data from the decennial census conducted by the Bureau
3203 of the Census of the United States Department of Commerce and
3204 the latest available population estimates determined pursuant to
3205 s. 186.901. If any local government has had an annexation,
3206 contraction, or new incorporation, the Office of Economic and
3207 Demographic Research shall determine the population density
3208 using the new jurisdictional boundaries as recorded in
3209 accordance with s. 171.091. The Office of Economic and
3210 Demographic Research shall annually submit to the state land
3211 planning agency by July 1 a list of jurisdictions that meet the
3212 total population and density criteria. The state land planning
3213 agency shall publish the list of jurisdictions on its website
3214 within 7 days after the list is received. The designation of
3215 jurisdictions that meet the criteria of subparagraphs 1.-4. is
3216 effective upon publication on the state land planning agency’s
3217 website. If a municipality that has previously met the criteria
3218 no longer meets the criteria, the state land planning agency
3219 must maintain the municipality on the list and indicate the year
3220 the jurisdiction last met the criteria. However, any proposed
3221 development of regional impact not within the established
3222 boundaries of a municipality at the time the municipality last
3223 met the criteria must meet the requirements of this section
3224 until the municipality as a whole meets the criteria. Any county
3225 that meets the criteria must remain on the list. Any
3226 jurisdiction that was placed on the dense urban land area list
3227 before June 2, 2011, must remain on the list.
3228 (b) If a municipality that does not qualify as a dense
3229 urban land area pursuant to paragraph (a) designates any of the
3230 following areas in its comprehensive plan, any proposed
3231 development within the designated area is exempt from s. 380.06
3232 unless otherwise required by part II of chapter 163:
3233 1. Urban infill as defined in s. 163.3164;
3234 2. Community redevelopment areas as defined in s. 163.340;
3235 3. Downtown revitalization areas as defined in s. 163.3164;
3236 4. Urban infill and redevelopment under s. 163.2517; or
3237 5. Urban service areas as defined in s. 163.3164 or areas
3238 within a designated urban service area boundary pursuant to s.
3239 163.3177(14), Florida Statutes 2010.
3240 (c) If a county that does not qualify as a dense urban land
3241 area designates any of the following areas in its comprehensive
3242 plan, any proposed development within the designated area is
3243 exempt from the development-of-regional-impact process:
3244 1. Urban infill as defined in s. 163.3164;
3245 2. Urban infill and redevelopment pursuant to s. 163.2517;
3246 or
3247 3. Urban service areas as defined in s. 163.3164.
3248 (d) If any portion of a development is located in an area
3249 that is not exempt from review under s. 380.06, the development
3250 must undergo review pursuant to that section.
3251 (e) In an area that is exempt under paragraphs (a), (b),
3252 and (c), any previously approved development-of-regional-impact
3253 development orders shall continue to be effective. However, the
3254 developer has the option to be governed by s. 380.115(1).
3255 (f) If a local government qualifies as a dense urban land
3256 area under this subsection and is subsequently found to be
3257 ineligible for designation as a dense urban land area, any
3258 development located within that area which has a complete,
3259 pending application for authorization to commence development
3260 shall maintain the exemption if the developer is continuing the
3261 application process in good faith or the development is
3262 approved.
3263 (g) This subsection does not limit or modify the rights of
3264 any person to complete any development that has been authorized
3265 as a development of regional impact pursuant to this chapter.
3266 (h) This subsection does not apply to areas:
3267 1. Within the boundary of any area of critical state
3268 concern designated pursuant to s. 380.05;
3269 2. Within the boundary of the Wekiva Study Area as
3270 described in s. 369.316; or
3271 3. Within 2 miles of the boundary of the Everglades
3272 Protection Area as defined in s. 373.4592.
3273 (4) PARTIAL STATUTORY EXEMPTIONS.—
3274 (a) If the binding agreement referenced under paragraph
3275 (2)(l) for urban service boundaries is not entered into within
3276 12 months after establishment of the urban service area
3277 boundary, the review pursuant to s. 380.06(12) for projects
3278 within the urban service area boundary must address
3279 transportation impacts only.
3280 (b) If the binding agreement referenced under paragraph
3281 (2)(m) for rural land stewardship areas is not entered into
3282 within 12 months after the designation of a rural land
3283 stewardship area, the review pursuant to s. 380.06(12) for
3284 projects within the rural land stewardship area must address
3285 transportation impacts only.
3286 (c) If the binding agreement for designated urban infill
3287 and redevelopment areas is not entered into within 12 months
3288 after the designation of the area or July 1, 2007, whichever
3289 occurs later, the review pursuant to s. 380.06(12) for projects
3290 within the urban infill and redevelopment area must address
3291 transportation impacts only.
3292 (d) A local government that does not wish to enter into a
3293 binding agreement or that is unable to agree on the terms of the
3294 agreement referenced under paragraph (2)(l) or paragraph (2)(m)
3295 must provide written notification to the state land planning
3296 agency of the decision to not enter into a binding agreement or
3297 the failure to enter into a binding agreement within the 12
3298 month period referenced in paragraphs (a), (b), and (c).
3299 Following the notification of the state land planning agency, a
3300 review pursuant to s. 380.06(12) for projects within an urban
3301 service area boundary under paragraph (2)(l), or a rural land
3302 stewardship area under paragraph (2)(m), must address
3303 transportation impacts only.
3304 (e) The vesting provision of s. 163.3167(5) relating to an
3305 authorized development of regional impact does not apply to
3306 those projects partially exempt from s. 380.06 under paragraphs
3307 (a)-(d) of this subsection.
3308 (4) Two or more developments, represented by their owners
3309 or developers to be separate developments, shall be aggregated
3310 and treated as a single development under this chapter when they
3311 are determined to be part of a unified plan of development and
3312 are physically proximate to one other.
3313 (a) The criteria of three of the following subparagraphs
3314 must be met in order for the state land planning agency to
3315 determine that there is a unified plan of development:
3316 1.a. The same person has retained or shared control of the
3317 developments;
3318 b. The same person has ownership or a significant legal or
3319 equitable interest in the developments; or
3320 c. There is common management of the developments
3321 controlling the form of physical development or disposition of
3322 parcels of the development.
3323 2. There is a reasonable closeness in time between the
3324 completion of 80 percent or less of one development and the
3325 submission to a governmental agency of a master plan or series
3326 of plans or drawings for the other development which is
3327 indicative of a common development effort.
3328 3. A master plan or series of plans or drawings exists
3329 covering the developments sought to be aggregated which have
3330 been submitted to a local general-purpose government, water
3331 management district, the Florida Department of Environmental
3332 Protection, or the Division of Florida Condominiums, Timeshares,
3333 and Mobile Homes for authorization to commence development. The
3334 existence or implementation of a utility’s master utility plan
3335 required by the Public Service Commission or general-purpose
3336 local government or a master drainage plan shall not be the sole
3337 determinant of the existence of a master plan.
3338 4. There is a common advertising scheme or promotional plan
3339 in effect for the developments sought to be aggregated.
3340 (b) The following activities or circumstances shall not be
3341 considered in determining whether to aggregate two or more
3342 developments:
3343 1. Activities undertaken leading to the adoption or
3344 amendment of any comprehensive plan element described in part II
3345 of chapter 163.
3346 2. The sale of unimproved parcels of land, where the seller
3347 does not retain significant control of the future development of
3348 the parcels.
3349 3. The fact that the same lender has a financial interest,
3350 including one acquired through foreclosure, in two or more
3351 parcels, so long as the lender is not an active participant in
3352 the planning, management, or development of the parcels in which
3353 it has an interest.
3354 4. Drainage improvements that are not designed to
3355 accommodate the types of development listed in the guidelines
3356 and standards contained in or adopted pursuant to this chapter
3357 or which are not designed specifically to accommodate the
3358 developments sought to be aggregated.
3359 (c) Aggregation is not applicable when the following
3360 circumstances and provisions of this chapter apply:
3361 1. Developments that are otherwise subject to aggregation
3362 with a development of regional impact which has received
3363 approval through the issuance of a final development order may
3364 not be aggregated with the approved development of regional
3365 impact. However, this subparagraph does not preclude the state
3366 land planning agency from evaluating an allegedly separate
3367 development as a substantial deviation pursuant to s. 380.06(19)
3368 or as an independent development of regional impact.
3369 2. Two or more developments, each of which is independently
3370 a development of regional impact that has or will obtain a
3371 development order pursuant to s. 380.06.
3372 3. Completion of any development that has been vested
3373 pursuant to s. 380.05 or s. 380.06, including vested rights
3374 arising out of agreements entered into with the state land
3375 planning agency for purposes of resolving vested rights issues.
3376 Development-of-regional-impact review of additions to vested
3377 developments of regional impact shall not include review of the
3378 impacts resulting from the vested portions of the development.
3379 4. The developments sought to be aggregated were authorized
3380 to commence development before September 1, 1988, and could not
3381 have been required to be aggregated under the law existing
3382 before that date.
3383 5. Any development that qualifies for an exemption under s.
3384 380.06(29).
3385 6. Newly acquired lands intended for development in
3386 coordination with a developed and existing development of
3387 regional impact are not subject to aggregation if the newly
3388 acquired lands comprise an area that is equal to or less than 10
3389 percent of the total acreage subject to an existing development
3390 of-regional-impact development order.
3391 (d) The provisions of this subsection shall be applied
3392 prospectively from September 1, 1988. Written decisions,
3393 agreements, and binding letters of interpretation made or issued
3394 by the state land planning agency prior to July 1, 1988, shall
3395 not be affected by this subsection.
3396 (e) In order to encourage developers to design, finance,
3397 donate, or build infrastructure, public facilities, or services,
3398 the state land planning agency may enter into binding agreements
3399 with two or more developers providing that the joint planning,
3400 sharing, or use of specified public infrastructure, facilities,
3401 or services by the developers shall not be considered in any
3402 subsequent determination of whether a unified plan of
3403 development exists for their developments. Such binding
3404 agreements may authorize the developers to pool impact fees or
3405 impact-fee credits, or to enter into front-end agreements, or
3406 other financing arrangements by which they collectively agree to
3407 design, finance, donate, or build such public infrastructure,
3408 facilities, or services. Such agreements shall be conditioned
3409 upon a subsequent determination by the appropriate local
3410 government of consistency with the approved local government
3411 comprehensive plan and land development regulations.
3412 Additionally, the developers must demonstrate that the provision
3413 and sharing of public infrastructure, facilities, or services is
3414 in the public interest and not merely for the benefit of the
3415 developments which are the subject of the agreement.
3416 Developments that are the subject of an agreement pursuant to
3417 this paragraph shall be aggregated if the state land planning
3418 agency determines that sufficient aggregation factors are
3419 present to require aggregation without considering the design
3420 features, financial arrangements, donations, or construction
3421 that are specified in and required by the agreement.
3422 (f) The state land planning agency has authority to adopt
3423 rules pursuant to ss. 120.536(1) and 120.54 to implement the
3424 provisions of this subsection.
3425 Section 5. Section 380.07, Florida Statutes, is amended to
3426 read:
3427 380.07 Florida Land and Water Adjudicatory Commission.—
3428 (1) There is hereby created the Florida Land and Water
3429 Adjudicatory Commission, which shall consist of the
3430 Administration Commission. The commission may adopt rules
3431 necessary to ensure compliance with the area of critical state
3432 concern program and the requirements for developments of
3433 regional impact as set forth in this chapter.
3434 (2) Whenever any local government issues any development
3435 order in any area of critical state concern, or in regard to the
3436 abandonment of any approved development of regional impact,
3437 copies of such orders as prescribed by rule by the state land
3438 planning agency shall be transmitted to the state land planning
3439 agency, the regional planning agency, and the owner or developer
3440 of the property affected by such order. The state land planning
3441 agency shall adopt rules describing development order rendition
3442 and effectiveness in designated areas of critical state concern.
3443 Within 45 days after the order is rendered, the owner, the
3444 developer, or the state land planning agency may appeal the
3445 order to the Florida Land and Water Adjudicatory Commission by
3446 filing a petition alleging that the development order is not
3447 consistent with the provisions of this part. The appropriate
3448 regional planning agency by vote at a regularly scheduled
3449 meeting may recommend that the state land planning agency
3450 undertake an appeal of a development-of-regional-impact
3451 development order. Upon the request of an appropriate regional
3452 planning council, affected local government, or any citizen, the
3453 state land planning agency shall consider whether to appeal the
3454 order and shall respond to the request within the 45-day appeal
3455 period.
3456 (3) Notwithstanding any other provision of law, an appeal
3457 of a development order in an area of critical state concern by
3458 the state land planning agency under this section may include
3459 consistency of the development order with the local
3460 comprehensive plan. However, if a development order relating to
3461 a development of regional impact has been challenged in a
3462 proceeding under s. 163.3215 and a party to the proceeding
3463 serves notice to the state land planning agency of the pending
3464 proceeding under s. 163.3215, the state land planning agency
3465 shall:
3466 (a) Raise its consistency issues by intervening as a full
3467 party in the pending proceeding under s. 163.3215 within 30 days
3468 after service of the notice; and
3469 (b) Dismiss the consistency issues from the development
3470 order appeal.
3471 (4) The appellant shall furnish a copy of the petition to
3472 the opposing party, as the case may be, and to the local
3473 government that issued the order. The filing of the petition
3474 stays the effectiveness of the order until after the completion
3475 of the appeal process.
3476 (5) The 45-day appeal period for a development of regional
3477 impact within the jurisdiction of more than one local government
3478 shall not commence until after all the local governments having
3479 jurisdiction over the proposed development of regional impact
3480 have rendered their development orders. The appellant shall
3481 furnish a copy of the notice of appeal to the opposing party, as
3482 the case may be, and to the local government that which issued
3483 the order. The filing of the notice of appeal stays shall stay
3484 the effectiveness of the order until after the completion of the
3485 appeal process.
3486 (5)(6) Before Prior to issuing an order, the Florida Land
3487 and Water Adjudicatory Commission shall hold a hearing pursuant
3488 to the provisions of chapter 120. The commission shall encourage
3489 the submission of appeals on the record made pursuant to
3490 subsection (7) below in cases in which the development order was
3491 issued after a full and complete hearing before the local
3492 government or an agency thereof.
3493 (6)(7) The Florida Land and Water Adjudicatory Commission
3494 shall issue a decision granting or denying permission to develop
3495 pursuant to the standards of this chapter and may attach
3496 conditions and restrictions to its decisions.
3497 (7)(8) If an appeal is filed with respect to any issues
3498 within the scope of a permitting program authorized by chapter
3499 161, chapter 373, or chapter 403 and for which a permit or
3500 conceptual review approval has been obtained before prior to the
3501 issuance of a development order, any such issue shall be
3502 specifically identified in the notice of appeal which is filed
3503 pursuant to this section, together with other issues that which
3504 constitute grounds for the appeal. The appeal may proceed with
3505 respect to issues within the scope of permitting programs for
3506 which a permit or conceptual review approval has been obtained
3507 before prior to the issuance of a development order only after
3508 the commission determines by majority vote at a regularly
3509 scheduled commission meeting that statewide or regional
3510 interests may be adversely affected by the development. In
3511 making this determination, there is shall be a rebuttable
3512 presumption that statewide and regional interests relating to
3513 issues within the scope of the permitting programs for which a
3514 permit or conceptual approval has been obtained are not
3515 adversely affected.
3516 Section 6. Section 380.115, Florida Statutes, is amended to
3517 read:
3518 380.115 Vested rights and duties; effect of size reduction,
3519 changes in statewide guidelines and standards.—
3520 (1) A change in a development-of-regional-impact guideline
3521 and standard does not abridge or modify any vested or other
3522 right or any duty or obligation pursuant to any development
3523 order or agreement that is applicable to a development of
3524 regional impact. A development that has received a development
3525 of-regional-impact development order pursuant to s. 380.06 but
3526 is no longer required to undergo development-of-regional-impact
3527 review by operation of law may elect a change in the guidelines
3528 and standards, a development that has reduced its size below the
3529 thresholds as specified in s. 380.0651, a development that is
3530 exempt pursuant to s. 380.06(24) or (29), or a development that
3531 elects to rescind the development order pursuant to are governed
3532 by the following procedures:
3533 (1)(a) The development shall continue to be governed by the
3534 development-of-regional-impact development order and may be
3535 completed in reliance upon and pursuant to the development order
3536 unless the developer or landowner has followed the procedures
3537 for rescission in subsection (2) paragraph (b). Any proposed
3538 changes to developments which continue to be governed by a
3539 development-of-regional-impact development order must be
3540 approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
3541 before a change in the development-of-regional-impact guidelines
3542 and standards, except that all percentage criteria are doubled
3543 and all other criteria are increased by 10 percent. The local
3544 government issuing the development order must monitor the
3545 development and enforce the development order. Local governments
3546 may not issue any permits or approvals or provide any extensions
3547 of services if the developer fails to act in substantial
3548 compliance with the development order. The development-of
3549 regional-impact development order may be enforced by the local
3550 government as provided in s. 380.11 ss. 380.06(17) and 380.11.
3551 (2)(b) If requested by the developer or landowner, the
3552 development-of-regional-impact development order shall be
3553 rescinded by the local government having jurisdiction upon a
3554 showing that all required mitigation related to the amount of
3555 development that existed on the date of rescission has been
3556 completed or will be completed under an existing permit or
3557 equivalent authorization issued by a governmental agency as
3558 defined in s. 380.031(6), if such permit or authorization is
3559 subject to enforcement through administrative or judicial
3560 remedies.
3561 (2) A development with an application for development
3562 approval pending, pursuant to s. 380.06, on the effective date
3563 of a change to the guidelines and standards, or a notification
3564 of proposed change pending on the effective date of a change to
3565 the guidelines and standards, may elect to continue such review
3566 pursuant to s. 380.06. At the conclusion of the pending review,
3567 including any appeals pursuant to s. 380.07, the resulting
3568 development order shall be governed by the provisions of
3569 subsection (1).
3570 (3) A landowner that has filed an application for a
3571 development-of-regional-impact review prior to the adoption of a
3572 sector plan pursuant to s. 163.3245 may elect to have the
3573 application reviewed pursuant to s. 380.06, comprehensive plan
3574 provisions in force prior to adoption of the sector plan, and
3575 any requested comprehensive plan amendments that accompany the
3576 application.
3577 Section 7. Paragraph (c) of subsection (1) of section
3578 125.68, Florida Statutes, is amended to read:
3579 125.68 Codification of ordinances; exceptions; public
3580 record.—
3581 (1)
3582 (c) The following ordinances are exempt from codification
3583 and annual publication requirements:
3584 1. Any development agreement, or amendment to such
3585 agreement, adopted by ordinance pursuant to ss. 163.3220
3586 163.3243.
3587 2. Any development order, or amendment to such order,
3588 adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
3589 Section 8. Paragraph (e) of subsection (3), subsection (6),
3590 and subsection (12) of section 163.3245, Florida Statutes, are
3591 amended to read:
3592 163.3245 Sector plans.—
3593 (3) Sector planning encompasses two levels: adoption
3594 pursuant to s. 163.3184 of a long-term master plan for the
3595 entire planning area as part of the comprehensive plan, and
3596 adoption by local development order of two or more detailed
3597 specific area plans that implement the long-term master plan and
3598 within which s. 380.06 is waived.
3599 (e) Whenever a local government issues a development order
3600 approving a detailed specific area plan, a copy of such order
3601 shall be rendered to the state land planning agency and the
3602 owner or developer of the property affected by such order, as
3603 prescribed by rules of the state land planning agency for a
3604 development order for a development of regional impact. Within
3605 45 days after the order is rendered, the owner, the developer,
3606 or the state land planning agency may appeal the order to the
3607 Florida Land and Water Adjudicatory Commission by filing a
3608 petition alleging that the detailed specific area plan is not
3609 consistent with the comprehensive plan or with the long-term
3610 master plan adopted pursuant to this section. The appellant
3611 shall furnish a copy of the petition to the opposing party, as
3612 the case may be, and to the local government that issued the
3613 order. The filing of the petition stays the effectiveness of the
3614 order until after completion of the appeal process. However, if
3615 a development order approving a detailed specific area plan has
3616 been challenged by an aggrieved or adversely affected party in a
3617 judicial proceeding pursuant to s. 163.3215, and a party to such
3618 proceeding serves notice to the state land planning agency, the
3619 state land planning agency shall dismiss its appeal to the
3620 commission and shall have the right to intervene in the pending
3621 judicial proceeding pursuant to s. 163.3215. Proceedings for
3622 administrative review of an order approving a detailed specific
3623 area plan shall be conducted consistent with s. 380.07(5) s.
3624 380.07(6). The commission shall issue a decision granting or
3625 denying permission to develop pursuant to the long-term master
3626 plan and the standards of this part and may attach conditions or
3627 restrictions to its decisions.
3628 (6) An applicant who applied Concurrent with or subsequent
3629 to review and adoption of a long-term master plan pursuant to
3630 paragraph (3)(a), an applicant may apply for master development
3631 approval pursuant to s. 380.06 s. 380.06(21) for the entire
3632 planning area shall remain subject to the master development
3633 order in order to establish a buildout date until which the
3634 approved uses and densities and intensities of use of the master
3635 plan are not subject to downzoning, unit density reduction, or
3636 intensity reduction, unless the developer elects to rescind the
3637 development order pursuant to s. 380.115, the development order
3638 is abandoned pursuant to s. 380.06(11), or the local government
3639 can demonstrate that implementation of the master plan is not
3640 continuing in good faith based on standards established by plan
3641 policy, that substantial changes in the conditions underlying
3642 the approval of the master plan have occurred, that the master
3643 plan was based on substantially inaccurate information provided
3644 by the applicant, or that change is clearly established to be
3645 essential to the public health, safety, or welfare. Review of
3646 the application for master development approval shall be at a
3647 level of detail appropriate for the long-term and conceptual
3648 nature of the long-term master plan and, to the maximum extent
3649 possible, may only consider information provided in the
3650 application for a long-term master plan. Notwithstanding s.
3651 380.06, an increment of development in such an approved master
3652 development plan must be approved by a detailed specific area
3653 plan pursuant to paragraph (3)(b) and is exempt from review
3654 pursuant to s. 380.06.
3655 (12) Notwithstanding s. 380.06, this part, or any planning
3656 agreement or plan policy, a landowner or developer who has
3657 received approval of a master development-of-regional-impact
3658 development order pursuant to s. 380.06(9) s. 380.06(21) may
3659 apply to implement this order by filing one or more applications
3660 to approve a detailed specific area plan pursuant to paragraph
3661 (3)(b).
3662 Section 9. Subsections (11), (12), and (14) of section
3663 163.3246, Florida Statutes, are amended to read:
3664 163.3246 Local government comprehensive planning
3665 certification program.—
3666 (11) If the local government of an area described in
3667 subsection (10) does not request that the state land planning
3668 agency review the developments of regional impact that are
3669 proposed within the certified area, an application for approval
3670 of a development order within the certified area is shall be
3671 exempt from review under s. 380.06.
3672 (12) A local government’s certification shall be reviewed
3673 by the local government and the state land planning agency as
3674 part of the evaluation and appraisal process pursuant to s.
3675 163.3191. Within 1 year after the deadline for the local
3676 government to update its comprehensive plan based on the
3677 evaluation and appraisal, the state land planning agency must
3678 shall renew or revoke the certification. The local government’s
3679 failure to timely adopt necessary amendments to update its
3680 comprehensive plan based on an evaluation and appraisal, which
3681 are found to be in compliance by the state land planning agency,
3682 is shall be cause for revoking the certification agreement. The
3683 state land planning agency’s decision to renew or revoke is
3684 shall be considered agency action subject to challenge under s.
3685 120.569.
3686 (14) It is the intent of the Legislature to encourage the
3687 creation of connected-city corridors that facilitate the growth
3688 of high-technology industry and innovation through partnerships
3689 that support research, marketing, workforce, and
3690 entrepreneurship. It is the further intent of the Legislature to
3691 provide for a locally controlled, comprehensive plan amendment
3692 process for such projects that are designed to achieve a
3693 cleaner, healthier environment; limit urban sprawl by promoting
3694 diverse but interconnected communities; provide a range of
3695 intergenerational housing types; protect wildlife and natural
3696 areas; assure the efficient use of land and other resources;
3697 create quality communities of a design that promotes alternative
3698 transportation networks and travel by multiple transportation
3699 modes; and enhance the prospects for the creation of jobs. The
3700 Legislature finds and declares that this state’s connected-city
3701 corridors require a reduced level of state and regional
3702 oversight because of their high degree of urbanization and the
3703 planning capabilities and resources of the local government.
3704 (a) Notwithstanding subsections (2), (4), (5), (6), and
3705 (7), Pasco County is named a pilot community and shall be
3706 considered certified for a period of 10 years for connected-city
3707 corridor plan amendments. The state land planning agency shall
3708 provide a written notice of certification to Pasco County by
3709 July 15, 2015, which shall be considered a final agency action
3710 subject to challenge under s. 120.569. The notice of
3711 certification must include:
3712 1. The boundary of the connected-city corridor
3713 certification area; and
3714 2. A requirement that Pasco County submit an annual or
3715 biennial monitoring report to the state land planning agency
3716 according to the schedule provided in the written notice. The
3717 monitoring report must, at a minimum, include the number of
3718 amendments to the comprehensive plan adopted by Pasco County,
3719 the number of plan amendments challenged by an affected person,
3720 and the disposition of such challenges.
3721 (b) A plan amendment adopted under this subsection may be
3722 based upon a planning period longer than the generally
3723 applicable planning period of the Pasco County local
3724 comprehensive plan, must specify the projected population within
3725 the planning area during the chosen planning period, may include
3726 a phasing or staging schedule that allocates a portion of Pasco
3727 County’s future growth to the planning area through the planning
3728 period, and may designate a priority zone or subarea within the
3729 connected-city corridor for initial implementation of the plan.
3730 A plan amendment adopted under this subsection is not required
3731 to demonstrate need based upon projected population growth or on
3732 any other basis.
3733 (c) If Pasco County adopts a long-term transportation
3734 network plan and financial feasibility plan, and subject to
3735 compliance with the requirements of such a plan, the projects
3736 within the connected-city corridor are deemed to have satisfied
3737 all concurrency and other state agency or local government
3738 transportation mitigation requirements except for site-specific
3739 access management requirements.
3740 (d) If Pasco County does not request that the state land
3741 planning agency review the developments of regional impact that
3742 are proposed within the certified area, an application for
3743 approval of a development order within the certified area is
3744 exempt from review under s. 380.06.
3745 (e) The Office of Program Policy Analysis and Government
3746 Accountability (OPPAGA) shall submit to the Governor, the
3747 President of the Senate, and the Speaker of the House of
3748 Representatives by December 1, 2024, a report and
3749 recommendations for implementing a statewide program that
3750 addresses the legislative findings in this subsection. In
3751 consultation with the state land planning agency, OPPAGA shall
3752 develop the report and recommendations with input from other
3753 state and regional agencies, local governments, and interest
3754 groups. OPPAGA shall also solicit citizen input in the
3755 potentially affected areas and consult with the affected local
3756 government and stakeholder groups. Additionally, OPPAGA shall
3757 review local and state actions and correspondence relating to
3758 the pilot program to identify issues of process and substance in
3759 recommending changes to the pilot program. At a minimum, the
3760 report and recommendations must include:
3761 1. Identification of local governments other than the local
3762 government participating in the pilot program which should be
3763 certified. The report may also recommend that a local government
3764 is no longer appropriate for certification; and
3765 2. Changes to the certification pilot program.
3766 Section 10. Subsection (4) of section 189.08, Florida
3767 Statutes, is amended to read:
3768 189.08 Special district public facilities report.—
3769 (4) Those special districts building, improving, or
3770 expanding public facilities addressed by a development order
3771 issued to the developer pursuant to s. 380.06 may use the most
3772 recent local government annual report required by s. 380.06(6)
3773 s. 380.06(15) and (18) and submitted by the developer, to the
3774 extent the annual report provides the information required by
3775 subsection (2).
3776 Section 11. Subsection (2) of section 190.005, Florida
3777 Statutes, is amended to read:
3778 190.005 Establishment of district.—
3779 (2) The exclusive and uniform method for the establishment
3780 of a community development district of less than 2,500 acres in
3781 size or a community development district of up to 7,000 acres in
3782 size located within a connected-city corridor established
3783 pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
3784 an ordinance adopted by the county commission of the county
3785 having jurisdiction over the majority of land in the area in
3786 which the district is to be located granting a petition for the
3787 establishment of a community development district as follows:
3788 (a) A petition for the establishment of a community
3789 development district shall be filed by the petitioner with the
3790 county commission. The petition shall contain the same
3791 information as required in paragraph (1)(a).
3792 (b) A public hearing on the petition shall be conducted by
3793 the county commission in accordance with the requirements and
3794 procedures of paragraph (1)(d).
3795 (c) The county commission shall consider the record of the
3796 public hearing and the factors set forth in paragraph (1)(e) in
3797 making its determination to grant or deny a petition for the
3798 establishment of a community development district.
3799 (d) The county commission may shall not adopt any ordinance
3800 which would expand, modify, or delete any provision of the
3801 uniform community development district charter as set forth in
3802 ss. 190.006-190.041. An ordinance establishing a community
3803 development district shall only include the matters provided for
3804 in paragraph (1)(f) unless the commission consents to any of the
3805 optional powers under s. 190.012(2) at the request of the
3806 petitioner.
3807 (e) If all of the land in the area for the proposed
3808 district is within the territorial jurisdiction of a municipal
3809 corporation, then the petition requesting establishment of a
3810 community development district under this act shall be filed by
3811 the petitioner with that particular municipal corporation. In
3812 such event, the duties of the county, hereinabove described, in
3813 action upon the petition shall be the duties of the municipal
3814 corporation. If any of the land area of a proposed district is
3815 within the land area of a municipality, the county commission
3816 may not create the district without municipal approval. If all
3817 of the land in the area for the proposed district, even if less
3818 than 2,500 acres, is within the territorial jurisdiction of two
3819 or more municipalities or two or more counties, except for
3820 proposed districts within a connected-city corridor established
3821 pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
3822 be filed with the Florida Land and Water Adjudicatory Commission
3823 and proceed in accordance with subsection (1).
3824 (f) Notwithstanding any other provision of this subsection,
3825 within 90 days after a petition for the establishment of a
3826 community development district has been filed pursuant to this
3827 subsection, the governing body of the county or municipal
3828 corporation may transfer the petition to the Florida Land and
3829 Water Adjudicatory Commission, which shall make the
3830 determination to grant or deny the petition as provided in
3831 subsection (1). A county or municipal corporation shall have no
3832 right or power to grant or deny a petition that has been
3833 transferred to the Florida Land and Water Adjudicatory
3834 Commission.
3835 Section 12. Paragraph (g) of subsection (1) of section
3836 190.012, Florida Statutes, is amended to read:
3837 190.012 Special powers; public improvements and community
3838 facilities.—The district shall have, and the board may exercise,
3839 subject to the regulatory jurisdiction and permitting authority
3840 of all applicable governmental bodies, agencies, and special
3841 districts having authority with respect to any area included
3842 therein, any or all of the following special powers relating to
3843 public improvements and community facilities authorized by this
3844 act:
3845 (1) To finance, fund, plan, establish, acquire, construct
3846 or reconstruct, enlarge or extend, equip, operate, and maintain
3847 systems, facilities, and basic infrastructures for the
3848 following:
3849 (g) Any other project within or without the boundaries of a
3850 district when a local government issued a development order
3851 pursuant to s. 380.06 or s. 380.061 approving or expressly
3852 requiring the construction or funding of the project by the
3853 district, or when the project is the subject of an agreement
3854 between the district and a governmental entity and is consistent
3855 with the local government comprehensive plan of the local
3856 government within which the project is to be located.
3857 Section 13. Paragraph (a) of subsection (1) of section
3858 252.363, Florida Statutes, is amended to read:
3859 252.363 Tolling and extension of permits and other
3860 authorizations.—
3861 (1)(a) The declaration of a state of emergency by the
3862 Governor tolls the period remaining to exercise the rights under
3863 a permit or other authorization for the duration of the
3864 emergency declaration. Further, the emergency declaration
3865 extends the period remaining to exercise the rights under a
3866 permit or other authorization for 6 months in addition to the
3867 tolled period. This paragraph applies to the following:
3868 1. The expiration of a development order issued by a local
3869 government.
3870 2. The expiration of a building permit.
3871 3. The expiration of a permit issued by the Department of
3872 Environmental Protection or a water management district pursuant
3873 to part IV of chapter 373.
3874 4. The buildout date of a development of regional impact,
3875 including any extension of a buildout date that was previously
3876 granted as specified in s. 380.06(7)(c) pursuant to s.
3877 380.06(19)(c).
3878 Section 14. Subsection (4) of section 369.303, Florida
3879 Statutes, is amended to read:
3880 369.303 Definitions.—As used in this part:
3881 (4) “Development of regional impact” means a development
3882 that which is subject to the review procedures established by s.
3883 380.06 or s. 380.065, and s. 380.07.
3884 Section 15. Subsection (1) of section 369.307, Florida
3885 Statutes, is amended to read:
3886 369.307 Developments of regional impact in the Wekiva River
3887 Protection Area; land acquisition.—
3888 (1) Notwithstanding s. 380.06(4) the provisions of s.
3889 380.06(15), the counties shall consider and issue the
3890 development permits applicable to a proposed development of
3891 regional impact which is located partially or wholly within the
3892 Wekiva River Protection Area at the same time as the development
3893 order approving, approving with conditions, or denying a
3894 development of regional impact.
3895 Section 16. Subsection (8) of section 373.236, Florida
3896 Statutes, is amended to read:
3897 373.236 Duration of permits; compliance reports.—
3898 (8) A water management district may issue a permit to an
3899 applicant, as set forth in s. 163.3245(13), for the same period
3900 of time as the applicant’s approved master development order if
3901 the master development order was issued under s. 380.06(9) s.
3902 380.06(21) by a county which, at the time the order was issued,
3903 was designated as a rural area of opportunity under s. 288.0656,
3904 was not located in an area encompassed by a regional water
3905 supply plan as set forth in s. 373.709(1), and was not located
3906 within the basin management action plan of a first magnitude
3907 spring. In reviewing the permit application and determining the
3908 permit duration, the water management district shall apply s.
3909 163.3245(4)(b).
3910 Section 17. Subsection (13) of section 373.414, Florida
3911 Statutes, is amended to read:
3912 373.414 Additional criteria for activities in surface
3913 waters and wetlands.—
3914 (13) Any declaratory statement issued by the department
3915 under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
3916 as amended, or pursuant to rules adopted thereunder, or by a
3917 water management district under s. 373.421, in response to a
3918 petition filed on or before June 1, 1994, shall continue to be
3919 valid for the duration of such declaratory statement. Any such
3920 petition pending on June 1, 1994, shall be exempt from the
3921 methodology ratified in s. 373.4211, but the rules of the
3922 department or the relevant water management district, as
3923 applicable, in effect prior to the effective date of s.
3924 373.4211, shall apply. Until May 1, 1998, activities within the
3925 boundaries of an area subject to a petition pending on June 1,
3926 1994, and prior to final agency action on such petition, shall
3927 be reviewed under the rules adopted pursuant to ss. 403.91
3928 403.929, 1984 Supplement to the Florida Statutes 1983, as
3929 amended, and this part, in existence prior to the effective date
3930 of the rules adopted under subsection (9), unless the applicant
3931 elects to have such activities reviewed under the rules adopted
3932 under this part, as amended in accordance with subsection (9).
3933 In the event that a jurisdictional declaratory statement
3934 pursuant to the vegetative index in effect prior to the
3935 effective date of chapter 84-79, Laws of Florida, has been
3936 obtained and is valid prior to the effective date of the rules
3937 adopted under subsection (9) or July 1, 1994, whichever is
3938 later, and the affected lands are part of a project for which a
3939 master development order has been issued pursuant to s.
3940 380.06(9) s. 380.06(21), the declaratory statement shall remain
3941 valid for the duration of the buildout period of the project.
3942 Any jurisdictional determination validated by the department
3943 pursuant to rule 17-301.400(8), Florida Administrative Code, as
3944 it existed in rule 17-4.022, Florida Administrative Code, on
3945 April 1, 1985, shall remain in effect for a period of 5 years
3946 following the effective date of this act if proof of such
3947 validation is submitted to the department prior to January 1,
3948 1995. In the event that a jurisdictional determination has been
3949 revalidated by the department pursuant to this subsection and
3950 the affected lands are part of a project for which a development
3951 order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
3952 final development order to which s. 163.3167(5) applies has been
3953 issued, or a vested rights determination has been issued
3954 pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
3955 determination shall remain valid until the completion of the
3956 project, provided proof of such validation and documentation
3957 establishing that the project meets the requirements of this
3958 sentence are submitted to the department prior to January 1,
3959 1995. Activities proposed within the boundaries of a valid
3960 declaratory statement issued pursuant to a petition submitted to
3961 either the department or the relevant water management district
3962 on or before June 1, 1994, or a revalidated jurisdictional
3963 determination, prior to its expiration shall continue thereafter
3964 to be exempt from the methodology ratified in s. 373.4211 and to
3965 be reviewed under the rules adopted pursuant to ss. 403.91
3966 403.929, 1984 Supplement to the Florida Statutes 1983, as
3967 amended, and this part, in existence prior to the effective date
3968 of the rules adopted under subsection (9), unless the applicant
3969 elects to have such activities reviewed under the rules adopted
3970 under this part, as amended in accordance with subsection (9).
3971 Section 18. Subsection (5) of section 378.601, Florida
3972 Statutes, is amended to read:
3973 378.601 Heavy minerals.—
3974 (5) Any heavy mineral mining operation which annually mines
3975 less than 500 acres and whose proposed consumption of water is 3
3976 million gallons per day or less may shall not be subject
3977 required to undergo development of regional impact review
3978 pursuant to s. 380.06, provided permits and plan approvals
3979 pursuant to either this section and part IV of chapter 373, or
3980 s. 378.901, are issued.
3981 Section 19. Section 380.065, Florida Statutes, is repealed.
3982 Section 20. Paragraph (a) of subsection (2) of section
3983 380.11, Florida Statutes, is amended to read:
3984 380.11 Enforcement; procedures; remedies.—
3985 (2) ADMINISTRATIVE REMEDIES.—
3986 (a) If the state land planning agency has reason to believe
3987 a violation of this part or any rule, development order, or
3988 other order issued hereunder or of any agreement entered into
3989 under s. 380.032(3) or s. 380.06(8) has occurred or is about to
3990 occur, it may institute an administrative proceeding pursuant to
3991 this section to prevent, abate, or control the conditions or
3992 activity creating the violation.
3993 Section 21. Paragraph (b) of subsection (2) of section
3994 403.524, Florida Statutes, is amended to read:
3995 403.524 Applicability; certification; exemptions.—
3996 (2) Except as provided in subsection (1), construction of a
3997 transmission line may not be undertaken without first obtaining
3998 certification under this act, but this act does not apply to:
3999 (b) Transmission lines that have been exempted by a binding
4000 letter of interpretation issued under s. 380.06(3) s. 380.06(4),
4001 or in which the Department of Economic Opportunity or its
4002 predecessor agency has determined the utility to have vested
4003 development rights within the meaning of s. 380.05(18) or s.
4004 380.06(8) s. 380.06(20).
4005 Section 22. (1) The rules adopted by the state land
4006 planning agency to ensure uniform review of developments of
4007 regional impact by the state land planning agency and regional
4008 planning agencies and codified in chapter 73C-40, Florida
4009 Administrative Code, are repealed.
4010 (2) The rules adopted by the Administration Commission, as
4011 defined in s. 380.031, Florida Statutes, regarding whether two
4012 or more developments, represented by their owners or developers
4013 to be separate developments, shall be aggregated and treated as
4014 a single development under chapter 380, Florida Statutes, are
4015 repealed.
4016 Section 23. The Division of Law Revision and Information is
4017 directed to replace the phrase “the effective date of this act”
4018 where it occurs in this act with the date this act takes effect.
4019 Section 24. This act shall take effect upon becoming a law.