Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. SB 1244 Ì639678gÎ639678 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/15/2018 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Lee) recommended the following: 1 Senate Amendment 2 3 Delete lines 3038 - 3187 4 and insert: 5 6 7 Any owner or developer who intends to rely on this statutory 8 exemption shall provide to the state land planning agency a copy 9 of the local government application for a development permit. 10 Within 45 days after receipt of the application, the state land 11 planning agency shall render to the local government an advisory 12 and nonbinding opinion, in writing, stating whether, in the 13 state land planning agency’s opinion, the prescribed conditions 14 exist for an exemption under this paragraph. The local 15 government shall render the development order approving each 16 such expansion to the state land planning agency. The owner, 17 developer, or state land planning agency may appeal the local 18 government development order pursuant to s. 380.07 within 45 19 days after the order is rendered. The scope of review shall be 20 limited to the determination of whether the conditions 21 prescribed in this paragraph exist. If any sports facility 22 expansion undergoes development-of-regional-impact review, all 23 previous expansions that were exempt under this paragraph must 24 be included in the development-of-regional-impact review. 25 (h) Expansion to port harbors, spoil disposal sites, 26 navigation channels, turning basins, harbor berths, and other 27 related inwater harbor facilities of the ports specified in s. 28 403.021(9)(b), port transportation facilities and projects 29 listed in s. 311.07(3)(b), and intermodal transportation 30 facilities identified pursuant to s. 311.09(3) when such 31 expansions, projects, or facilities are consistent with port 32 master plans and are in compliance with s. 163.3178. 33 (i) Any proposed facility for the storage of any petroleum 34 product or any expansion of an existing facility. 35 (j) Any renovation or redevelopment within the same parcel 36 as the existing development if such renovation or redevelopment 37 does not change land use or increase density or intensity of 38 use. 39 (k) Waterport and marina development, including dry storage 40 facilities. 41 (l) Any proposed development within an urban service area 42 boundary established under s. 163.3177(14), Florida 43 Statutes(2010), that is not otherwise exempt pursuant to 44 subsection (3),if the local government having jurisdiction over 45 the area where the development is proposed has adopted the urban 46 service area boundary and has entered into a binding agreement 47 with jurisdictions that would be impacted and with the 48 Department of Transportation regarding the mitigation of impacts 49 on state and regional transportation facilities. 50 (m) Any proposed development within a rural land 51 stewardship area created under s. 163.3248. 52 (n) The establishment, relocation, or expansion of any 53 military installation as specified in s. 163.3175. 54 (o) Any self-storage warehousing that does not allow retail 55 or other services. 56 (p) Any proposed nursing home or assisted living facility. 57 (q) Any development identified in an airport master plan 58 and adopted into the comprehensive plan pursuant to s. 59 163.3177(6)(b)4. 60 (r) Any development identified in a campus master plan and 61 adopted pursuant to s. 1013.30. 62 (s) Any development in a detailed specific area plan 63 prepared and adopted pursuant to s. 163.3245. 64 (t) Any proposed solid mineral mine and any proposed 65 addition to, expansion of, or change to an existing solid 66 mineral mine. A mine owner must, however, enter into a binding 67 agreement with the Department of Transportation to mitigate 68 impacts to strategic intermodal system facilities. Proposed 69 changes to any previously approved solid mineral mine 70 development-of-regional-impact development orders having vested 71 rights are not subject to further review or approval as a 72 development-of-regional-impact or notice-of-proposed-change 73 review or approval pursuant to subsection (19), except for those 74 applications pending as of July 1, 2011, which are governed by 75 s. 380.115(2). Notwithstanding this requirement, pursuant to s. 76 380.115(1), a previously approved solid mineral mine 77 development-of-regional impact development order continues to 78 have vested rights and continues to be effective unless 79 rescinded by the developer. All local government regulations of 80 proposed solid mineral mines are applicable to any new solid 81 mineral mine or to any proposed addition to, expansion of, or 82 change to an existing solid mineral mine. 83 (u) Notwithstanding any provision in an agreement with or 84 among a local government, regional agency, or the state land 85 planning agency or in a local government’s comprehensive plan to 86 the contrary, a project no longer subject to development-of 87 regional-impact review under the revised thresholds specified in 88 s. 380.06(2)(b) and this section. 89 (v) Any development within a county that has a research and 90 education authority created by special act and which is also 91 within a research and development park that is operated or 92 managed by a research and development authority pursuant to part 93 V of chapter 159. 94 (w) Any development in an energy economic zone designated 95 pursuant to s. 377.809 upon approval by its local governing 96 body. 97 98 If a use is exempt from review pursuant to paragraphs (a)-(u), 99 but will be part of a larger project that is subject to review 100 pursuant to s. 380.06(12), the impact of the exempt use must be 101 included in the review of the larger project, unless such exempt 102 use involves a development that includes a landowner, tenant, or 103 user that has entered into a funding agreement with the state 104 land planning agency under the Innovation Incentive Program and 105 the agreement contemplates a state award of at least $50 106 million. 107 (3) EXEMPTIONS FOR DENSE URBAN LAND AREAS. 108 (a) The following are exempt from the requirements of s. 109 380.06: 110 1. Any proposed development in a municipality that has an 111 average of at least 1,000 people per square mile of land area 112 and a minimum total population of at least 5,000; 113 2. Any proposed development within a county, including the 114 municipalities located therein, having an average of at least 115 1,000 people per square mile of land area and the development is 116 located within an urban service area as defined in s. 163.3164 117 which has been adopted into the comprehensive plan as defined in 118 s. 163.3164; 119 3. Any proposed development within a county, including the 120 municipalities located therein, having a population of at least 121 900,000 and an average of at least 1,000 people per square mile 122 of land area, but which does not have an urban service area 123 designated in the comprehensive plan; and 124 4. Any proposed development within a county, including the 125 municipalities located therein, having a population of at least 126 1 million and the development is located within an urban service 127 area as defined in s. 163.3164 which has been adopted into the 128 comprehensive plan. 129 130 The Office of Economic and Demographic Research within the 131 Legislature shall annually calculate the population and density 132 criteria needed to determine which jurisdictions meet the 133 density criteria in subparagraphs 1.-4. by using the most recent 134 land area data from the decennial census conducted by the Bureau 135 of the Census of the United States Department of Commerce and 136 the latest available population estimates determined pursuant to 137 s. 186.901. If any local government has had an annexation, 138 contraction, or new incorporation, the Office of Economic and 139 Demographic Research shall determine the population density 140 using the new jurisdictional boundaries as recorded in 141 accordance with s. 171.091. The Office of Economic and 142 Demographic Research shall annually submit to the state land 143 planning agency by July 1 a list of jurisdictions that meet the 144 total population and density criteria. The state land planning 145 agency shall publish the list of jurisdictions on its website 146 within 7 days after the list is received. The designation of 147 jurisdictions that meet the criteria of subparagraphs 1.-4. is 148 effective upon publication on the state land planning agency’s 149 website. If a municipality that has previously met the criteria 150 no longer meets the criteria, the state land planning agency 151 must maintain the municipality on the list and indicate the year 152 the jurisdiction last met the criteria. However, any proposed 153 development of regional impact not within the established 154 boundaries of a municipality at the time the municipality last 155 met the criteria must meet the requirements of this section 156 until the municipality as a whole meets the criteria. Any county 157 that meets the criteria must remain on the list. Any 158 jurisdiction that was placed on the dense urban land area list 159 before June 2, 2011, must remain on the list. 160 (b) If a municipality that does not qualify as a dense 161 urban land area pursuant to paragraph (a) designates any of the 162 following areas in its comprehensive plan, any proposed 163 development within the designated area is exempt from s. 380.06 164 unless otherwise required by part II of chapter 163: 165 1. Urban infill as defined in s. 163.3164; 166 2. Community redevelopment areas as defined in s. 163.340; 167 3. Downtown revitalization areas as defined in s. 163.3164; 168 4. Urban infill and redevelopment under s. 163.2517; or 169 5. Urban service areas as defined in s. 163.3164 or areas 170 within a designated urban service area boundary pursuant to s. 171 163.3177(14), Florida Statutes (2010). 172 (c) If a county that does not qualify as a dense urban land 173 area designates any of the following areas in its comprehensive 174 plan, any proposed development within the designated area is 175 exempt from the development-of-regional-impact process: 176 1. Urban infill as defined in s. 163.3164; 177 2. Urban infill and redevelopment pursuant to s. 163.2517; 178 or 179 3. Urban service areas as defined in s. 163.3164. 180 (d) If any portion of a development is located in an area 181 that is not exempt from review under s. 380.06, the development 182 must undergo review pursuant to that section.