Florida Senate - 2018                             CS for SB 1244
       
       
        
       By the Committee on Community Affairs; and Senator Lee
       
       
       
       
       
       578-02388-18                                          20181244c1
    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 alter the dates before which a
   32         development would be subject to downzoning, unit
   33         density reduction, or intensity reduction, except
   34         under certain conditions; removing a requirement that
   35         certain conditions of a development order meet
   36         specified criteria; specifying that construction of
   37         certain mitigation-of-impact facilities is not subject
   38         to competitive bidding or competitive negotiation for
   39         selection of a contractor or design professional;
   40         removing requirements relating to local government
   41         approval of developments of regional impact that do
   42         not meet certain requirements; removing a requirement
   43         that the Department of Economic Opportunity and other
   44         agencies cooperate in preparing certain ordinances;
   45         authorizing developers to record notice of certain
   46         rescinded development orders; specifying that certain
   47         agreements regarding developments that are essentially
   48         built out remain valid unless previously expired;
   49         deleting requirements for a local government to issue
   50         a permit for a development subsequent to the buildout
   51         date contained in the development order; specifying
   52         that amendments to development orders do not diminish
   53         or otherwise alter certain credits for a development
   54         order exaction or fee against impact fees, mobility
   55         fees, or exactions; deleting a provision relating to
   56         the determination of certain credits for impact fees
   57         or extractions; deleting a provision exempting a
   58         nongovernmental developer from being required to
   59         competitively bid or negotiate construction or design
   60         of certain facilities except under certain
   61         circumstances; specifying that certain capital
   62         contribution front-ending agreements remain valid
   63         unless previously expired; deleting a provision
   64         relating to local monitoring; revising requirements
   65         for developers regarding reporting to local
   66         governments and specifying that such reports are not
   67         required unless required by a local government with
   68         jurisdiction over a development; revising the
   69         requirements and procedure for proposed changes to a
   70         previously approved development of regional impact and
   71         deleting rulemaking requirements relating to such
   72         procedure; revising provisions relating to the
   73         approval of such changes; specifying that certain
   74         extensions previously granted by statute are still
   75         valid and not subject to review or modification;
   76         deleting provisions relating to determinations as to
   77         whether a proposed change is a substantial deviation;
   78         deleting provisions relating to comprehensive
   79         development-of-regional-impact applications and master
   80         plan development orders; specifying that certain
   81         agreements that include two or more developments of
   82         regional impact which were the subject of a
   83         comprehensive development-of-regional-impact
   84         application remain valid unless previously expired;
   85         deleting provisions relating to downtown development
   86         authorities; deleting provisions relating to adoption
   87         of rules by the state land planning agency; deleting
   88         statutory exemptions from development-of-regional
   89         impact review; specifying that an approval of an
   90         authorized developer for an areawide development of
   91         regional impact remains valid unless previously
   92         expired; deleting provisions relating to areawide
   93         developments of regional impact; deleting an
   94         authorization for the state land planning agency to
   95         adopt rules relating to abandonment of developments of
   96         regional impact; requiring local governments to file a
   97         notice of abandonment under certain conditions;
   98         deleting an authorization for the state land planning
   99         agency to adopt a procedure for filing such notice;
  100         requiring a development-of-regional-impact development
  101         order to be abandoned by a local government under
  102         certain conditions; deleting a provision relating to
  103         abandonment of developments of regional impact in
  104         certain high-hazard coastal areas; authorizing local
  105         governments to approve abandonment of development
  106         orders for an approved development under certain
  107         conditions; deleting a provision relating to rights,
  108         responsibilities, and obligations under a development
  109         order; deleting partial exemptions from development-of
  110         regional-impact review; deleting exemptions for dense
  111         urban land areas; specifying that proposed
  112         developments that exceed the statewide guidelines and
  113         standards and that are not otherwise exempt be
  114         approved by local governments instead of through
  115         specified development-of-regional-impact proceedings;
  116         amending s. 380.061, F.S.; specifying that the Florida
  117         Quality Developments program only applies to
  118         previously approved developments in the program before
  119         the effective date of the act; specifying a process
  120         for local governments to adopt a local development
  121         order to replace and supersede the development order
  122         adopted by the state land planning agency for the
  123         Florida Quality Developments; deleting program intent,
  124         eligibility requirements, rulemaking authorizations,
  125         and application and approval requirements and
  126         processes; deleting an appeals process and the Quality
  127         Developments Review Board; amending s. 380.0651, F.S.;
  128         deleting provisions relating to the superseding of
  129         guidelines and standards adopted by the Administration
  130         Commission and the publishing of guidelines and
  131         standards by the Administration Commission; conforming
  132         a provision to changes made by the act; specifying
  133         exemptions and partial exemptions from development-of
  134         regional-impact review; deleting provisions relating
  135         to determining whether there is a unified plan of
  136         development; deleting provisions relating to the
  137         circumstances where developments should be aggregated;
  138         deleting a provision relating to prospective
  139         application of certain provisions; deleting a
  140         provision authorizing state land planning agencies to
  141         enter into agreements for the joint planning, sharing,
  142         or use of specified public infrastructure, facilities,
  143         or services by developers; deleting an authorization
  144         for the state land planning agency to adopt rules;
  145         amending s. 380.07, F.S.; deleting an authorization
  146         for the Florida Land and Water Adjudicatory Commission
  147         to adopt rules regarding the requirements for
  148         developments of regional impact; revising when a local
  149         government must transmit a development order to the
  150         state land planning agency, the regional planning
  151         agency, and the owner or developer of the property
  152         affected by such order; deleting a process for
  153         regional planning agencies to undertake appeals of
  154         development-of-regional-impact development orders;
  155         revising a process for appealing development orders
  156         for consistency with a local comprehensive plan to be
  157         available only for developments in areas of critical
  158         state concern; deleting a procedure regarding certain
  159         challenges to development orders relating to
  160         developments of regional impact; amending s. 380.115,
  161         F.S.; deleting a provision relating to changes in
  162         development-of-regional-impact guidelines and
  163         standards and the impact of such changes on vested
  164         rights, duties, and obligations pursuant to any
  165         development order or agreement; requiring local
  166         governments to monitor and enforce development orders
  167         and prohibiting local governments from issuing
  168         permits, approvals, or extensions of services if a
  169         developer does not act in substantial compliance with
  170         an order; deleting provisions relating to changes in
  171         development of regional impact guidelines and
  172         standards and their impact on the development approval
  173         process; amending s. 125.68, F.S.; conforming a cross
  174         reference; amending s. 163.3245, F.S.; conforming
  175         cross-references; conforming provisions to changes
  176         made by the act; revising the circumstances in which
  177         applicants who apply for master development approval
  178         for an entire planning area must remain subject to a
  179         master development order; specifying an exception;
  180         deleting a provision relating to the level of review
  181         for applications for master development approval;
  182         amending s. 163.3246, F.S.; conforming provisions to
  183         changes made by the act; conforming cross-references;
  184         amending s. 189.08, F.S.; conforming a cross
  185         reference; conforming a provision to changes made by
  186         the act; amending s. 190.005, F.S.; conforming cross
  187         references; amending ss. 190.012 and 252.363, F.S.;
  188         conforming cross-references; amending s. 369.303,
  189         F.S.; conforming a provision to changes made by the
  190         act; amending ss. 369.307, 373.236, and 373.414, F.S.;
  191         conforming cross-references; amending s. 378.601,
  192         F.S.; conforming a provision to changes made by the
  193         act; repealing s. 380.065, F.S., relating to a process
  194         to allow local governments to request certification to
  195         review developments of regional impact that are
  196         located within their jurisdictions in lieu of the
  197         regional review requirements; amending ss. 380.11 and
  198         403.524, F.S.; conforming cross-references; repealing
  199         specified rules regarding uniform review of
  200         developments of regional impact by the state land
  201         planning agency and regional planning agencies;
  202         repealing the rules adopted by the Administration
  203         Commission regarding whether two or more developments,
  204         represented by their owners or developers to be
  205         separate developments, shall be aggregated; providing
  206         a directive to the Division of Law Revision and
  207         Information; providing an effective date.
  208          
  209  Be It Enacted by the Legislature of the State of Florida:
  210  
  211         Section 1. Subsection (1) of section 165.0615, Florida
  212  Statutes, is amended to read:
  213         165.0615 Municipal conversion of independent special
  214  districts upon elector-initiated and approved referendum.—
  215         (1) The qualified electors of an independent special
  216  district may commence a municipal conversion proceeding by
  217  filing a petition with the governing body of the independent
  218  special district proposed to be converted if the district meets
  219  all of the following criteria:
  220         (a) It was created by special act of the Legislature.
  221         (b) It is designated as an improvement district and created
  222  pursuant to chapter 298 or is designated as a stewardship
  223  district and created pursuant to s. 189.031.
  224         (c) Its governing board is elected.
  225         (d) Its governing board agrees to the conversion.
  226         (e) It provides at least four of the following municipal
  227  services: water, sewer, solid waste, drainage, roads,
  228  transportation, public works, fire and rescue, street lighting,
  229  parks and recreation, or library or cultural facilities.
  230         (f) No portion of the district is located within the
  231  jurisdictional limits of a municipality.
  232         (g) It meets the minimum population standards specified in
  233  s. 165.061(1)(b).
  234         Section 2. Section 380.06, Florida Statutes, is amended to
  235  read:
  236         380.06 Developments of regional impact.—
  237         (1) DEFINITION.—The term “development of regional impact,”
  238  as used in this section, means any development that which,
  239  because of its character, magnitude, or location, would have a
  240  substantial effect upon the health, safety, or welfare of
  241  citizens of more than one county.
  242         (2) STATEWIDE GUIDELINES AND STANDARDS.—
  243         (a) The statewide guidelines and standards and the
  244  exemptions specified in s. 380.0651 and the statewide guidelines
  245  and standards adopted by the Administration Commission and
  246  codified in chapter 28-24, Florida Administrative Code, must be
  247  state land planning agency shall recommend to the Administration
  248  Commission specific statewide guidelines and standards for
  249  adoption pursuant to this subsection. The Administration
  250  Commission shall by rule adopt statewide guidelines and
  251  standards to be used in determining whether particular
  252  developments are subject to the requirements of subsection (12)
  253  shall undergo development-of-regional-impact review. The
  254  statewide guidelines and standards previously adopted by the
  255  Administration Commission and approved by the Legislature shall
  256  remain in effect unless revised pursuant to this section or
  257  superseded or repealed by statute by other provisions of law.
  258         (b) In adopting its guidelines and standards, the
  259  Administration Commission shall consider and shall be guided by:
  260         1. The extent to which the development would create or
  261  alleviate environmental problems such as air or water pollution
  262  or noise.
  263         2. The amount of pedestrian or vehicular traffic likely to
  264  be generated.
  265         3. The number of persons likely to be residents, employees,
  266  or otherwise present.
  267         4. The size of the site to be occupied.
  268         5. The likelihood that additional or subsidiary development
  269  will be generated.
  270         6. The extent to which the development would create an
  271  additional demand for, or additional use of, energy, including
  272  the energy requirements of subsidiary developments.
  273         7. The unique qualities of particular areas of the state.
  274         (c) With regard to the changes in the guidelines and
  275  standards authorized pursuant to this act, in determining
  276  whether a proposed development must comply with the review
  277  requirements of this section, the state land planning agency
  278  shall apply the guidelines and standards which were in effect
  279  when the developer received authorization to commence
  280  development from the local government. If a developer has not
  281  received authorization to commence development from the local
  282  government prior to the effective date of new or amended
  283  guidelines and standards, the new or amended guidelines and
  284  standards shall apply.
  285         (d) The statewide guidelines and standards shall be applied
  286  as follows:
  287         (a)1. Fixed thresholds.—
  288         a. A development that is below 100 percent of all numerical
  289  thresholds in the statewide guidelines and standards is not
  290  subject to subsection (12) is not required to undergo
  291  development-of-regional-impact review.
  292         (b)b. A development that is at or above 100 120 percent of
  293  any numerical threshold in the statewide guidelines and
  294  standards is subject to subsection (12) shall be required to
  295  undergo development-of-regional-impact review.
  296         c. Projects certified under s. 403.973 which create at
  297  least 100 jobs and meet the criteria of the Department of
  298  Economic Opportunity as to their impact on an area’s economy,
  299  employment, and prevailing wage and skill levels that are at or
  300  below 100 percent of the numerical thresholds for industrial
  301  plants, industrial parks, distribution, warehousing or
  302  wholesaling facilities, office development or multiuse projects
  303  other than residential, as described in s. 380.0651(3)(c) and
  304  (f) are not required to undergo development-of-regional-impact
  305  review.
  306         2. Rebuttable presumption.—It shall be presumed that a
  307  development that is at 100 percent or between 100 and 120
  308  percent of a numerical threshold shall be required to undergo
  309  development-of-regional-impact review.
  310         (e) With respect to residential, hotel, motel, office, and
  311  retail developments, the applicable guidelines and standards
  312  shall be increased by 50 percent in urban central business
  313  districts and regional activity centers of jurisdictions whose
  314  local comprehensive plans are in compliance with part II of
  315  chapter 163. With respect to multiuse developments, the
  316  applicable individual use guidelines and standards for
  317  residential, hotel, motel, office, and retail developments and
  318  multiuse guidelines and standards shall be increased by 100
  319  percent in urban central business districts and regional
  320  activity centers of jurisdictions whose local comprehensive
  321  plans are in compliance with part II of chapter 163, if one land
  322  use of the multiuse development is residential and amounts to
  323  not less than 35 percent of the jurisdiction’s applicable
  324  residential threshold. With respect to resort or convention
  325  hotel developments, the applicable guidelines and standards
  326  shall be increased by 150 percent in urban central business
  327  districts and regional activity centers of jurisdictions whose
  328  local comprehensive plans are in compliance with part II of
  329  chapter 163 and where the increase is specifically for a
  330  proposed resort or convention hotel located in a county with a
  331  population greater than 500,000 and the local government
  332  specifically designates that the proposed resort or convention
  333  hotel development will serve an existing convention center of
  334  more than 250,000 gross square feet built before July 1, 1992.
  335  The applicable guidelines and standards shall be increased by
  336  150 percent for development in any area designated by the
  337  Governor as a rural area of opportunity pursuant to s. 288.0656
  338  during the effectiveness of the designation.
  339         (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
  340  STANDARDS.—The state land planning agency, a regional planning
  341  agency, or a local government may petition the Administration
  342  Commission to increase or decrease the numerical thresholds of
  343  any statewide guideline and standard. The state land planning
  344  agency or the regional planning agency may petition for an
  345  increase or decrease for a particular local government’s
  346  jurisdiction or a part of a particular jurisdiction. A local
  347  government may petition for an increase or decrease within its
  348  jurisdiction or a part of its jurisdiction. A number of requests
  349  may be combined in a single petition.
  350         (a) When a petition is filed, the state land planning
  351  agency shall have no more than 180 days to prepare and submit to
  352  the Administration Commission a report and recommendations on
  353  the proposed variation. The report shall evaluate, and the
  354  Administration Commission shall consider, the following
  355  criteria:
  356         1. Whether the local government has adopted and effectively
  357  implemented a comprehensive plan that reflects and implements
  358  the goals and objectives of an adopted state comprehensive plan.
  359         2. Any applicable policies in an adopted strategic regional
  360  policy plan.
  361         3. Whether the local government has adopted and effectively
  362  implemented both a comprehensive set of land development
  363  regulations, which regulations shall include a planned unit
  364  development ordinance, and a capital improvements plan that are
  365  consistent with the local government comprehensive plan.
  366         4. Whether the local government has adopted and effectively
  367  implemented the authority and the fiscal mechanisms for
  368  requiring developers to meet development order conditions.
  369         5. Whether the local government has adopted and effectively
  370  implemented and enforced satisfactory development review
  371  procedures.
  372         (b) The affected regional planning agency, adjoining local
  373  governments, and the local government shall be given a
  374  reasonable opportunity to submit recommendations to the
  375  Administration Commission regarding any such proposed
  376  variations.
  377         (c) The Administration Commission shall have authority to
  378  increase or decrease a threshold in the statewide guidelines and
  379  standards up to 50 percent above or below the statewide
  380  presumptive threshold. The commission may from time to time
  381  reconsider changed thresholds and make additional variations as
  382  it deems necessary.
  383         (d) The Administration Commission shall adopt rules setting
  384  forth the procedures for submission and review of petitions
  385  filed pursuant to this subsection.
  386         (e) Variations to guidelines and standards adopted by the
  387  Administration Commission under this subsection shall be
  388  transmitted on or before March 1 to the President of the Senate
  389  and the Speaker of the House of Representatives for presentation
  390  at the next regular session of the Legislature. Unless approved
  391  as submitted by general law, the revisions shall not become
  392  effective.
  393         (3)(4) BINDING LETTER.—
  394         (a) Any binding letter previously issued to a developer by
  395  the state land planning agency as to If any developer is in
  396  doubt whether his or her proposed development must undergo
  397  development-of-regional-impact review under the guidelines and
  398  standards, whether his or her rights have vested pursuant to
  399  subsection (8) (20), or whether a proposed substantial change to
  400  a development of regional impact concerning which rights had
  401  previously vested pursuant to subsection (8) (20) would divest
  402  such rights, remains valid unless it expired on or before the
  403  effective date of this act the developer may request a
  404  determination from the state land planning agency. The developer
  405  or the appropriate local government having jurisdiction may
  406  request that the state land planning agency determine whether
  407  the amount of development that remains to be built in an
  408  approved development of regional impact meets the criteria of
  409  subparagraph (15)(g)3.
  410         (b) Upon a request by the developer, a binding letter of
  411  interpretation regarding which rights had previously vested in a
  412  development of regional impact may be amended by the local
  413  government of jurisdiction, based on standards and procedures in
  414  the adopted local comprehensive plan or the adopted local land
  415  development code, to reflect a change to the plan of development
  416  and modification of vested rights, provided that any such
  417  amendment to a binding letter of vested rights must be
  418  consistent with s. 163.3167(5). Review of a request for an
  419  amendment to a binding letter of vested rights may not include a
  420  review of the impacts created by previously vested portions of
  421  the development Unless a developer waives the requirements of
  422  this paragraph by agreeing to undergo development-of-regional
  423  impact review pursuant to this section, the state land planning
  424  agency or local government with jurisdiction over the land on
  425  which a development is proposed may require a developer to
  426  obtain a binding letter if the development is at a presumptive
  427  numerical threshold or up to 20 percent above a numerical
  428  threshold in the guidelines and standards.
  429         (c) Any local government may petition the state land
  430  planning agency to require a developer of a development located
  431  in an adjacent jurisdiction to obtain a binding letter of
  432  interpretation. The petition shall contain facts to support a
  433  finding that the development as proposed is a development of
  434  regional impact. This paragraph shall not be construed to grant
  435  standing to the petitioning local government to initiate an
  436  administrative or judicial proceeding pursuant to this chapter.
  437         (d) A request for a binding letter of interpretation shall
  438  be in writing and in such form and content as prescribed by the
  439  state land planning agency. Within 15 days of receiving an
  440  application for a binding letter of interpretation or a
  441  supplement to a pending application, the state land planning
  442  agency shall determine and notify the applicant whether the
  443  information in the application is sufficient to enable the
  444  agency to issue a binding letter or shall request any additional
  445  information needed. The applicant shall either provide the
  446  additional information requested or shall notify the state land
  447  planning agency in writing that the information will not be
  448  supplied and the reasons therefor. If the applicant does not
  449  respond to the request for additional information within 120
  450  days, the application for a binding letter of interpretation
  451  shall be deemed to be withdrawn. Within 35 days after
  452  acknowledging receipt of a sufficient application, or of
  453  receiving notification that the information will not be
  454  supplied, the state land planning agency shall issue a binding
  455  letter of interpretation with respect to the proposed
  456  development. A binding letter of interpretation issued by the
  457  state land planning agency shall bind all state, regional, and
  458  local agencies, as well as the developer.
  459         (e) In determining whether a proposed substantial change to
  460  a development of regional impact concerning which rights had
  461  previously vested pursuant to subsection (20) would divest such
  462  rights, the state land planning agency shall review the proposed
  463  change within the context of:
  464         1. Criteria specified in paragraph (19)(b);
  465         2. Its conformance with any adopted state comprehensive
  466  plan and any rules of the state land planning agency;
  467         3. All rights and obligations arising out of the vested
  468  status of such development;
  469         4. Permit conditions or requirements imposed by the
  470  Department of Environmental Protection or any water management
  471  district created by s. 373.069 or any of their successor
  472  agencies or by any appropriate federal regulatory agency; and
  473         5. Any regional impacts arising from the proposed change.
  474         (f) If a proposed substantial change to a development of
  475  regional impact concerning which rights had previously vested
  476  pursuant to subsection (20) would result in reduced regional
  477  impacts, the change shall not divest rights to complete the
  478  development pursuant to subsection (20). Furthermore, where all
  479  or a portion of the development of regional impact for which
  480  rights had previously vested pursuant to subsection (20) is
  481  demolished and reconstructed within the same approximate
  482  footprint of buildings and parking lots, so that any change in
  483  the size of the development does not exceed the criteria of
  484  paragraph (19)(b), such demolition and reconstruction shall not
  485  divest the rights which had vested.
  486         (c)(g) Every binding letter determining that a proposed
  487  development is not a development of regional impact, but not
  488  including binding letters of vested rights or of modification of
  489  vested rights, shall expire and become void unless the plan of
  490  development has been substantially commenced within:
  491         1. Three years from October 1, 1985, for binding letters
  492  issued prior to the effective date of this act; or
  493         2. Three years from the date of issuance of binding letters
  494  issued on or after October 1, 1985.
  495         (d)(h) The expiration date of a binding letter begins,
  496  established pursuant to paragraph (g), shall begin to run after
  497  final disposition of all administrative and judicial appeals of
  498  the binding letter and may be extended by mutual agreement of
  499  the state land planning agency, the local government of
  500  jurisdiction, and the developer.
  501         (e)(i)In response to an inquiry from a developer or the
  502  appropriate local government having jurisdiction, the state land
  503  planning agency may issue An informal determination by the state
  504  land planning agency, in the form of a clearance letter as to
  505  whether a development is required to undergo development-of
  506  regional-impact review or whether the amount of development that
  507  remains to be built in an approved development of regional
  508  impact, remains valid unless it expired on or before the
  509  effective date of this act meets the criteria of subparagraph
  510  (15)(g)3. A clearance letter may be based solely on the
  511  information provided by the developer, and the state land
  512  planning agency is not required to conduct an investigation of
  513  that information. If any material information provided by the
  514  developer is incomplete or inaccurate, the clearance letter is
  515  not binding upon the state land planning agency. A clearance
  516  letter does not constitute final agency action.
  517         (5) AUTHORIZATION TO DEVELOP.—
  518         (a)1. A developer who is required to undergo development
  519  of-regional-impact review may undertake a development of
  520  regional impact if the development has been approved under the
  521  requirements of this section.
  522         2. If the land on which the development is proposed is
  523  within an area of critical state concern, the development must
  524  also be approved under the requirements of s. 380.05.
  525         (b) State or regional agencies may inquire whether a
  526  proposed project is undergoing or will be required to undergo
  527  development-of-regional-impact review. If a project is
  528  undergoing or will be required to undergo development-of
  529  regional-impact review, any state or regional permit necessary
  530  for the construction or operation of the project that is valid
  531  for 5 years or less shall take effect, and the period of time
  532  for which the permit is valid shall begin to run, upon
  533  expiration of the time allowed for an administrative appeal of
  534  the development or upon final action following an administrative
  535  appeal or judicial review, whichever is later. However, if the
  536  application for development approval is not filed within 18
  537  months after the issuance of the permit, the time of validity of
  538  the permit shall be considered to be from the date of issuance
  539  of the permit. If a project is required to obtain a binding
  540  letter under subsection (4), any state or regional agency permit
  541  necessary for the construction or operation of the project that
  542  is valid for 5 years or less shall take effect, and the period
  543  of time for which the permit is valid shall begin to run, only
  544  after the developer obtains a binding letter stating that the
  545  project is not required to undergo development-of-regional
  546  impact review or after the developer obtains a development order
  547  pursuant to this section.
  548         (c) Prior to the issuance of a final development order, the
  549  developer may elect to be bound by the rules adopted pursuant to
  550  chapters 373 and 403 in effect when such development order is
  551  issued. The rules adopted pursuant to chapters 373 and 403 in
  552  effect at the time such development order is issued shall be
  553  applicable to all applications for permits pursuant to those
  554  chapters and which are necessary for and consistent with the
  555  development authorized in such development order, except that a
  556  later adopted rule shall be applicable to an application if:
  557         1. The later adopted rule is determined by the rule
  558  adopting agency to be essential to the public health, safety, or
  559  welfare;
  560         2. The later adopted rule is adopted pursuant to s.
  561  403.061(27);
  562         3. The later adopted rule is being adopted pursuant to a
  563  subsequently enacted statutorily mandated program;
  564         4. The later adopted rule is mandated in order for the
  565  state to maintain delegation of a federal program; or
  566         5. The later adopted rule is required by state or federal
  567  law.
  568         (d) The provision of day care service facilities in
  569  developments approved pursuant to this section is permissible
  570  but is not required.
  571  
  572  Further, in order for any developer to apply for permits
  573  pursuant to this provision, the application must be filed within
  574  5 years from the issuance of the final development order and the
  575  permit shall not be effective for more than 8 years from the
  576  issuance of the final development order. Nothing in this
  577  paragraph shall be construed to alter or change any permitting
  578  agency’s authority to approve permits or to determine applicable
  579  criteria for longer periods of time.
  580         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  581  PLAN AMENDMENTS.—
  582         (a) Prior to undertaking any development, a developer that
  583  is required to undergo development-of-regional-impact review
  584  shall file an application for development approval with the
  585  appropriate local government having jurisdiction. The
  586  application shall contain, in addition to such other matters as
  587  may be required, a statement that the developer proposes to
  588  undertake a development of regional impact as required under
  589  this section.
  590         (b) Any local government comprehensive plan amendments
  591  related to a proposed development of regional impact, including
  592  any changes proposed under subsection (19), may be initiated by
  593  a local planning agency or the developer and must be considered
  594  by the local governing body at the same time as the application
  595  for development approval using the procedures provided for local
  596  plan amendment in s. 163.3184 and applicable local ordinances,
  597  without regard to local limits on the frequency of consideration
  598  of amendments to the local comprehensive plan. This paragraph
  599  does not require favorable consideration of a plan amendment
  600  solely because it is related to a development of regional
  601  impact. The procedure for processing such comprehensive plan
  602  amendments is as follows:
  603         1. If a developer seeks a comprehensive plan amendment
  604  related to a development of regional impact, the developer must
  605  so notify in writing the regional planning agency, the
  606  applicable local government, and the state land planning agency
  607  no later than the date of preapplication conference or the
  608  submission of the proposed change under subsection (19).
  609         2. When filing the application for development approval or
  610  the proposed change, the developer must include a written
  611  request for comprehensive plan amendments that would be
  612  necessitated by the development-of-regional-impact approvals
  613  sought. That request must include data and analysis upon which
  614  the applicable local government can determine whether to
  615  transmit the comprehensive plan amendment pursuant to s.
  616  163.3184.
  617         3. The local government must advertise a public hearing on
  618  the transmittal within 30 days after filing the application for
  619  development approval or the proposed change and must make a
  620  determination on the transmittal within 60 days after the
  621  initial filing unless that time is extended by the developer.
  622         4. If the local government approves the transmittal,
  623  procedures set forth in s. 163.3184 must be followed.
  624         5. Notwithstanding subsection (11) or subsection (19), the
  625  local government may not hold a public hearing on the
  626  application for development approval or the proposed change or
  627  on the comprehensive plan amendments sooner than 30 days after
  628  reviewing agency comments are due to the local government
  629  pursuant to s. 163.3184.
  630         6. The local government must hear both the application for
  631  development approval or the proposed change and the
  632  comprehensive plan amendments at the same hearing. However, the
  633  local government must take action separately on the application
  634  for development approval or the proposed change and on the
  635  comprehensive plan amendments.
  636         7. Thereafter, the appeal process for the local government
  637  development order must follow the provisions of s. 380.07, and
  638  the compliance process for the comprehensive plan amendments
  639  must follow the provisions of s. 163.3184.
  640         (7) PREAPPLICATION PROCEDURES.—
  641         (a) Before filing an application for development approval,
  642  the developer shall contact the regional planning agency having
  643  jurisdiction over the proposed development to arrange a
  644  preapplication conference. Upon the request of the developer or
  645  the regional planning agency, other affected state and regional
  646  agencies shall participate in this conference and shall identify
  647  the types of permits issued by the agencies, the level of
  648  information required, and the permit issuance procedures as
  649  applied to the proposed development. The levels of service
  650  required in the transportation methodology shall be the same
  651  levels of service used to evaluate concurrency in accordance
  652  with s. 163.3180. The regional planning agency shall provide the
  653  developer information about the development-of-regional-impact
  654  process and the use of preapplication conferences to identify
  655  issues, coordinate appropriate state and local agency
  656  requirements, and otherwise promote a proper and efficient
  657  review of the proposed development. If an agreement is reached
  658  regarding assumptions and methodology to be used in the
  659  application for development approval, the reviewing agencies may
  660  not subsequently object to those assumptions and methodologies
  661  unless subsequent changes to the project or information obtained
  662  during the review make those assumptions and methodologies
  663  inappropriate. The reviewing agencies may make only
  664  recommendations or comments regarding a proposed development
  665  which are consistent with the statutes, rules, or adopted local
  666  government ordinances that are applicable to developments in the
  667  jurisdiction where the proposed development is located.
  668         (b) The regional planning agency shall establish by rule a
  669  procedure by which a developer may enter into binding written
  670  agreements with the regional planning agency to eliminate
  671  questions from the application for development approval when
  672  those questions are found to be unnecessary for development-of
  673  regional-impact review. It is the legislative intent of this
  674  subsection to encourage reduction of paperwork, to discourage
  675  unnecessary gathering of data, and to encourage the coordination
  676  of the development-of-regional-impact review process with
  677  federal, state, and local environmental reviews when such
  678  reviews are required by law.
  679         (c) If the application for development approval is not
  680  submitted within 1 year after the date of the preapplication
  681  conference, the regional planning agency, the local government
  682  having jurisdiction, or the applicant may request that another
  683  preapplication conference be held.
  684         (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
  685         (a) A developer may enter into a written preliminary
  686  development agreement with the state land planning agency to
  687  allow a developer to proceed with a limited amount of the total
  688  proposed development, subject to all other governmental
  689  approvals and solely at the developer’s own risk, prior to
  690  issuance of a final development order. All owners of the land in
  691  the total proposed development shall join the developer as
  692  parties to the agreement. Each agreement shall include and be
  693  subject to the following conditions:
  694         1. The developer shall comply with the preapplication
  695  conference requirements pursuant to subsection (7) within 45
  696  days after the execution of the agreement.
  697         2. The developer shall file an application for development
  698  approval for the total proposed development within 3 months
  699  after execution of the agreement, unless the state land planning
  700  agency agrees to a different time for good cause shown. Failure
  701  to timely file an application and to otherwise diligently
  702  proceed in good faith to obtain a final development order shall
  703  constitute a breach of the preliminary development agreement.
  704         3. The agreement shall include maps and legal descriptions
  705  of both the preliminary development area and the total proposed
  706  development area and shall specifically describe the preliminary
  707  development in terms of magnitude and location. The area
  708  approved for preliminary development must be included in the
  709  application for development approval and shall be subject to the
  710  terms and conditions of the final development order.
  711         4. The preliminary development shall be limited to lands
  712  that the state land planning agency agrees are suitable for
  713  development and shall only be allowed in areas where adequate
  714  public infrastructure exists to accommodate the preliminary
  715  development, when such development will utilize public
  716  infrastructure. The developer must also demonstrate that the
  717  preliminary development will not result in material adverse
  718  impacts to existing resources or existing or planned facilities.
  719         5. The preliminary development agreement may allow
  720  development which is:
  721         a. Less than 100 percent of any applicable threshold if the
  722  developer demonstrates that such development is consistent with
  723  subparagraph 4.; or
  724         b. Less than 120 percent of any applicable threshold if the
  725  developer demonstrates that such development is part of a
  726  proposed downtown development of regional impact specified in
  727  subsection (22) or part of any areawide development of regional
  728  impact specified in subsection (25) and that the development is
  729  consistent with subparagraph 4.
  730         6. The developer and owners of the land may not claim
  731  vested rights, or assert equitable estoppel, arising from the
  732  agreement or any expenditures or actions taken in reliance on
  733  the agreement to continue with the total proposed development
  734  beyond the preliminary development. The agreement shall not
  735  entitle the developer to a final development order approving the
  736  total proposed development or to particular conditions in a
  737  final development order.
  738         7. The agreement shall not prohibit the regional planning
  739  agency from reviewing or commenting on any regional issue that
  740  the regional agency determines should be included in the
  741  regional agency’s report on the application for development
  742  approval.
  743         8. The agreement shall include a disclosure by the
  744  developer and all the owners of the land in the total proposed
  745  development of all land or development within 5 miles of the
  746  total proposed development in which they have an interest and
  747  shall describe such interest.
  748         9. In the event of a breach of the agreement or failure to
  749  comply with any condition of the agreement, or if the agreement
  750  was based on materially inaccurate information, the state land
  751  planning agency may terminate the agreement or file suit to
  752  enforce the agreement as provided in this section and s. 380.11,
  753  including a suit to enjoin all development.
  754         10. A notice of the preliminary development agreement shall
  755  be recorded by the developer in accordance with s. 28.222 with
  756  the clerk of the circuit court for each county in which land
  757  covered by the terms of the agreement is located. The notice
  758  shall include a legal description of the land covered by the
  759  agreement and shall state the parties to the agreement, the date
  760  of adoption of the agreement and any subsequent amendments, the
  761  location where the agreement may be examined, and that the
  762  agreement constitutes a land development regulation applicable
  763  to portions of the land covered by the agreement. The provisions
  764  of the agreement shall inure to the benefit of and be binding
  765  upon successors and assigns of the parties in the agreement.
  766         11. Except for those agreements which authorize preliminary
  767  development for substantial deviations pursuant to subsection
  768  (19), a developer who no longer wishes to pursue a development
  769  of regional impact may propose to abandon any preliminary
  770  development agreement executed after January 1, 1985, including
  771  those pursuant to s. 380.032(3), provided at the time of
  772  abandonment:
  773         a. A final development order under this section has been
  774  rendered that approves all of the development actually
  775  constructed; or
  776         b. The amount of development is less than 100 percent of
  777  all numerical thresholds of the guidelines and standards, and
  778  the state land planning agency determines in writing that the
  779  development to date is in compliance with all applicable local
  780  regulations and the terms and conditions of the preliminary
  781  development agreement and otherwise adequately mitigates for the
  782  impacts of the development to date.
  783  
  784  In either event, when a developer proposes to abandon said
  785  agreement, the developer shall give written notice and state
  786  that he or she is no longer proposing a development of regional
  787  impact and provide adequate documentation that he or she has met
  788  the criteria for abandonment of the agreement to the state land
  789  planning agency. Within 30 days of receipt of adequate
  790  documentation of such notice, the state land planning agency
  791  shall make its determination as to whether or not the developer
  792  meets the criteria for abandonment. Once the state land planning
  793  agency determines that the developer meets the criteria for
  794  abandonment, the state land planning agency shall issue a notice
  795  of abandonment which shall be recorded by the developer in
  796  accordance with s. 28.222 with the clerk of the circuit court
  797  for each county in which land covered by the terms of the
  798  agreement is located.
  799         (b) The state land planning agency may enter into other
  800  types of agreements to effectuate the provisions of this act as
  801  provided in s. 380.032.
  802         (c) The provisions of this subsection shall also be
  803  available to a developer who chooses to seek development
  804  approval of a Florida Quality Development pursuant to s.
  805  380.061.
  806         (9) CONCEPTUAL AGENCY REVIEW.—
  807         (a)1. In order to facilitate the planning and preparation
  808  of permit applications for projects that undergo development-of
  809  regional-impact review, and in order to coordinate the
  810  information required to issue such permits, a developer may
  811  elect to request conceptual agency review under this subsection
  812  either concurrently with development-of-regional-impact review
  813  and comprehensive plan amendments, if applicable, or subsequent
  814  to a preapplication conference held pursuant to subsection (7).
  815         2. “Conceptual agency review” means general review of the
  816  proposed location, densities, intensity of use, character, and
  817  major design features of a proposed development required to
  818  undergo review under this section for the purpose of considering
  819  whether these aspects of the proposed development comply with
  820  the issuing agency’s statutes and rules.
  821         3. Conceptual agency review is a licensing action subject
  822  to chapter 120, and approval or denial constitutes final agency
  823  action, except that the 90-day time period specified in s.
  824  120.60(1) shall be tolled for the agency when the affected
  825  regional planning agency requests information from the developer
  826  pursuant to paragraph (10)(b). If proposed agency action on the
  827  conceptual approval is the subject of a proceeding under ss.
  828  120.569 and 120.57, final agency action shall be conclusive as
  829  to any issues actually raised and adjudicated in the proceeding,
  830  and such issues may not be raised in any subsequent proceeding
  831  under ss. 120.569 and 120.57 on the proposed development by any
  832  parties to the prior proceeding.
  833         4. A conceptual agency review approval shall be valid for
  834  up to 10 years, unless otherwise provided in a state or regional
  835  agency rule, and may be reviewed and reissued for additional
  836  periods of time under procedures established by the agency.
  837         (b) The Department of Environmental Protection, each water
  838  management district, and each other state or regional agency
  839  that requires construction or operation permits shall establish
  840  by rule a set of procedures necessary for conceptual agency
  841  review for the following permitting activities within their
  842  respective regulatory jurisdictions:
  843         1. The construction and operation of potential sources of
  844  water pollution, including industrial wastewater, domestic
  845  wastewater, and stormwater.
  846         2. Dredging and filling activities.
  847         3. The management and storage of surface waters.
  848         4. The construction and operation of works of the district,
  849  only if a conceptual agency review approval is requested under
  850  subparagraph 3.
  851  
  852  Any state or regional agency may establish rules for conceptual
  853  agency review for any other permitting activities within its
  854  respective regulatory jurisdiction.
  855         (c)1. Each agency participating in conceptual agency
  856  reviews shall determine and establish by rule its information
  857  and application requirements and furnish these requirements to
  858  the state land planning agency and to any developer seeking
  859  conceptual agency review under this subsection.
  860         2. Each agency shall cooperate with the state land planning
  861  agency to standardize, to the extent possible, review
  862  procedures, data requirements, and data collection methodologies
  863  among all participating agencies, consistent with the
  864  requirements of the statutes that establish the permitting
  865  programs for each agency.
  866         (d) At the conclusion of the conceptual agency review, the
  867  agency shall give notice of its proposed agency action as
  868  required by s. 120.60(3) and shall forward a copy of the notice
  869  to the appropriate regional planning council with a report
  870  setting out the agency’s conclusions on potential development
  871  impacts and stating whether the agency intends to grant
  872  conceptual approval, with or without conditions, or to deny
  873  conceptual approval. If the agency intends to deny conceptual
  874  approval, the report shall state the reasons therefor. The
  875  agency may require the developer to publish notice of proposed
  876  agency action in accordance with s. 403.815.
  877         (e) An agency’s decision to grant conceptual approval shall
  878  not relieve the developer of the requirement to obtain a permit
  879  and to meet the standards for issuance of a construction or
  880  operation permit or to meet the agency’s information
  881  requirements for such a permit. Nevertheless, there shall be a
  882  rebuttable presumption that the developer is entitled to receive
  883  a construction or operation permit for an activity for which the
  884  agency granted conceptual review approval, to the extent that
  885  the project for which the applicant seeks a permit is in
  886  accordance with the conceptual approval and with the agency’s
  887  standards and criteria for issuing a construction or operation
  888  permit. The agency may revoke or appropriately modify a valid
  889  conceptual approval if the agency shows:
  890         1. That an applicant or his or her agent has submitted
  891  materially false or inaccurate information in the application
  892  for conceptual approval;
  893         2. That the developer has violated a condition of the
  894  conceptual approval; or
  895         3. That the development will cause a violation of the
  896  agency’s applicable laws or rules.
  897         (f) Nothing contained in this subsection shall modify or
  898  abridge the law of vested rights or estoppel.
  899         (g) Nothing contained in this subsection shall be construed
  900  to preclude an agency from adopting rules for conceptual review
  901  for developments which are not developments of regional impact.
  902         (10) APPLICATION; SUFFICIENCY.—
  903         (a) When an application for development approval is filed
  904  with a local government, the developer shall also send copies of
  905  the application to the appropriate regional planning agency and
  906  the state land planning agency.
  907         (b) If a regional planning agency determines that the
  908  application for development approval is insufficient for the
  909  agency to discharge its responsibilities under subsection (12),
  910  it shall provide in writing to the appropriate local government
  911  and the applicant a statement of any additional information
  912  desired within 30 days of the receipt of the application by the
  913  regional planning agency. The applicant may supply the
  914  information requested by the regional planning agency and shall
  915  communicate its intention to do so in writing to the appropriate
  916  local government and the regional planning agency within 5
  917  working days of the receipt of the statement requesting such
  918  information, or the applicant shall notify the appropriate local
  919  government and the regional planning agency in writing that the
  920  requested information will not be supplied. Within 30 days after
  921  receipt of such additional information, the regional planning
  922  agency shall review it and may request only that information
  923  needed to clarify the additional information or to answer new
  924  questions raised by, or directly related to, the additional
  925  information. The regional planning agency may request additional
  926  information no more than twice, unless the developer waives this
  927  limitation. If an applicant does not provide the information
  928  requested by a regional planning agency within 120 days of its
  929  request, or within a time agreed upon by the applicant and the
  930  regional planning agency, the application shall be considered
  931  withdrawn.
  932         (c) The regional planning agency shall notify the local
  933  government that a public hearing date may be set when the
  934  regional planning agency determines that the application is
  935  sufficient or when it receives notification from the developer
  936  that the additional requested information will not be supplied,
  937  as provided for in paragraph (b).
  938         (11) LOCAL NOTICE.—Upon receipt of the sufficiency
  939  notification from the regional planning agency required by
  940  paragraph (10)(c), the appropriate local government shall give
  941  notice and hold a public hearing on the application in the same
  942  manner as for a rezoning as provided under the appropriate
  943  special or local law or ordinance, except that such hearing
  944  proceedings shall be recorded by tape or a certified court
  945  reporter and made available for transcription at the expense of
  946  any interested party. When a development of regional impact is
  947  proposed within the jurisdiction of more than one local
  948  government, the local governments, at the request of the
  949  developer, may hold a joint public hearing. The local government
  950  shall comply with the following additional requirements:
  951         (a) The notice of public hearing shall state that the
  952  proposed development is undergoing a development-of-regional
  953  impact review.
  954         (b) The notice shall be published at least 60 days in
  955  advance of the hearing and shall specify where the information
  956  and reports on the development-of-regional-impact application
  957  may be reviewed.
  958         (c) The notice shall be given to the state land planning
  959  agency, to the applicable regional planning agency, to any state
  960  or regional permitting agency participating in a conceptual
  961  agency review process under subsection (9), and to such other
  962  persons as may have been designated by the state land planning
  963  agency as entitled to receive such notices.
  964         (d) A public hearing date shall be set by the appropriate
  965  local government at the next scheduled meeting. The public
  966  hearing shall be held no later than 90 days after issuance of
  967  notice by the regional planning agency that a public hearing may
  968  be set, unless an extension is requested by the applicant.
  969         (12) REGIONAL REPORTS.—
  970         (a) Within 50 days after receipt of the notice of public
  971  hearing required in paragraph (11)(c), the regional planning
  972  agency, if one has been designated for the area including the
  973  local government, shall prepare and submit to the local
  974  government a report and recommendations on the regional impact
  975  of the proposed development. In preparing its report and
  976  recommendations, the regional planning agency shall identify
  977  regional issues based upon the following review criteria and
  978  make recommendations to the local government on these regional
  979  issues, specifically considering whether, and the extent to
  980  which:
  981         1. The development will have a favorable or unfavorable
  982  impact on state or regional resources or facilities identified
  983  in the applicable state or regional plans. As used in this
  984  subsection, the term “applicable state plan” means the state
  985  comprehensive plan. As used in this subsection, the term
  986  “applicable regional plan” means an adopted strategic regional
  987  policy plan.
  988         2. The development will significantly impact adjacent
  989  jurisdictions. At the request of the appropriate local
  990  government, regional planning agencies may also review and
  991  comment upon issues that affect only the requesting local
  992  government.
  993         3. As one of the issues considered in the review in
  994  subparagraphs 1. and 2., the development will favorably or
  995  adversely affect the ability of people to find adequate housing
  996  reasonably accessible to their places of employment if the
  997  regional planning agency has adopted an affordable housing
  998  policy as part of its strategic regional policy plan. The
  999  determination should take into account information on factors
 1000  that are relevant to the availability of reasonably accessible
 1001  adequate housing. Adequate housing means housing that is
 1002  available for occupancy and that is not substandard.
 1003         (b) The regional planning agency report must contain
 1004  recommendations that are consistent with the standards required
 1005  by the applicable state permitting agencies or the water
 1006  management district.
 1007         (c) At the request of the regional planning agency, other
 1008  appropriate agencies shall review the proposed development and
 1009  shall prepare reports and recommendations on issues that are
 1010  clearly within the jurisdiction of those agencies. Such agency
 1011  reports shall become part of the regional planning agency
 1012  report; however, the regional planning agency may attach
 1013  dissenting views. When water management district and Department
 1014  of Environmental Protection permits have been issued pursuant to
 1015  chapter 373 or chapter 403, the regional planning council may
 1016  comment on the regional implications of the permits but may not
 1017  offer conflicting recommendations.
 1018         (d) The regional planning agency shall afford the developer
 1019  or any substantially affected party reasonable opportunity to
 1020  present evidence to the regional planning agency head relating
 1021  to the proposed regional agency report and recommendations.
 1022         (e) If the location of a proposed development involves land
 1023  within the boundaries of multiple regional planning councils,
 1024  the state land planning agency shall designate a lead regional
 1025  planning council. The lead regional planning council shall
 1026  prepare the regional report.
 1027         (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
 1028  development is in an area of critical state concern, the local
 1029  government shall approve it only if it complies with the land
 1030  development regulations therefor under s. 380.05 and the
 1031  provisions of this section. The provisions of this section shall
 1032  not apply to developments in areas of critical state concern
 1033  which had pending applications and had been noticed or agendaed
 1034  by local government after September 1, 1985, and before October
 1035  1, 1985, for development order approval. In all such cases, the
 1036  state land planning agency may consider and address applicable
 1037  regional issues contained in subsection (12) as part of its
 1038  area-of-critical-state-concern review pursuant to ss. 380.05,
 1039  380.07, and 380.11.
 1040         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
 1041  the development is not located in an area of critical state
 1042  concern, in considering whether the development is approved,
 1043  denied, or approved subject to conditions, restrictions, or
 1044  limitations, the local government shall consider whether, and
 1045  the extent to which:
 1046         (a) The development is consistent with the local
 1047  comprehensive plan and local land development regulations.
 1048         (b) The development is consistent with the report and
 1049  recommendations of the regional planning agency submitted
 1050  pursuant to subsection (12).
 1051         (c) The development is consistent with the State
 1052  Comprehensive Plan. In consistency determinations, the plan
 1053  shall be construed and applied in accordance with s. 187.101(3).
 1054  
 1055  However, a local government may approve a change to a
 1056  development authorized as a development of regional impact if
 1057  the change has the effect of reducing the originally approved
 1058  height, density, or intensity of the development and if the
 1059  revised development would have been consistent with the
 1060  comprehensive plan in effect when the development was originally
 1061  approved. If the revised development is approved, the developer
 1062  may proceed as provided in s. 163.3167(5).
 1063         (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
 1064         (a) Notwithstanding any provision of any adopted local
 1065  comprehensive plan or adopted local government land development
 1066  regulation to the contrary, an amendment to a development order
 1067  for an approved development of regional impact adopted pursuant
 1068  to subsection (7) may not alter the appropriate local government
 1069  shall render a decision on the application within 30 days after
 1070  the hearing unless an extension is requested by the developer.
 1071         (b) When possible, local governments shall issue
 1072  development orders concurrently with any other local permits or
 1073  development approvals that may be applicable to the proposed
 1074  development.
 1075         (c) The development order shall include findings of fact
 1076  and conclusions of law consistent with subsections (13) and
 1077  (14). The development order:
 1078         1. Shall specify the monitoring procedures and the local
 1079  official responsible for assuring compliance by the developer
 1080  with the development order.
 1081         2. Shall establish compliance dates for the development
 1082  order, including a deadline for commencing physical development
 1083  and for compliance with conditions of approval or phasing
 1084  requirements, and shall include a buildout date that reasonably
 1085  reflects the time anticipated to complete the development.
 1086         3. Shall establish a date until which the local government
 1087  agrees that the approved development of regional impact will
 1088  shall not be subject to downzoning, unit density reduction, or
 1089  intensity reduction, unless the local government can demonstrate
 1090  that substantial changes in the conditions underlying the
 1091  approval of the development order have occurred or the
 1092  development order was based on substantially inaccurate
 1093  information provided by the developer or that the change is
 1094  clearly established by local government to be essential to the
 1095  public health, safety, or welfare. The date established pursuant
 1096  to this paragraph may not be subparagraph shall be no sooner
 1097  than the buildout date of the project.
 1098         4. Shall specify the requirements for the biennial report
 1099  designated under subsection (18), including the date of
 1100  submission, parties to whom the report is submitted, and
 1101  contents of the report, based upon the rules adopted by the
 1102  state land planning agency. Such rules shall specify the scope
 1103  of any additional local requirements that may be necessary for
 1104  the report.
 1105         5. May specify the types of changes to the development
 1106  which shall require submission for a substantial deviation
 1107  determination or a notice of proposed change under subsection
 1108  (19).
 1109         6. Shall include a legal description of the property.
 1110         (d) Conditions of a development order that require a
 1111  developer to contribute land for a public facility or construct,
 1112  expand, or pay for land acquisition or construction or expansion
 1113  of a public facility, or portion thereof, shall meet the
 1114  following criteria:
 1115         1. The need to construct new facilities or add to the
 1116  present system of public facilities must be reasonably
 1117  attributable to the proposed development.
 1118         2. Any contribution of funds, land, or public facilities
 1119  required from the developer shall be comparable to the amount of
 1120  funds, land, or public facilities that the state or the local
 1121  government would reasonably expect to expend or provide, based
 1122  on projected costs of comparable projects, to mitigate the
 1123  impacts reasonably attributable to the proposed development.
 1124         3. Any funds or lands contributed must be expressly
 1125  designated and used to mitigate impacts reasonably attributable
 1126  to the proposed development.
 1127         4. Construction or expansion of a public facility by a
 1128  nongovernmental developer as a condition of a development order
 1129  to mitigate the impacts reasonably attributable to the proposed
 1130  development is not subject to competitive bidding or competitive
 1131  negotiation for selection of a contractor or design professional
 1132  for any part of the construction or design.
 1133         (b)(e)1. A local government may shall not include, as a
 1134  development order condition for a development of regional
 1135  impact, any requirement that a developer contribute or pay for
 1136  land acquisition or construction or expansion of public
 1137  facilities or portions thereof unless the local government has
 1138  enacted a local ordinance which requires other development not
 1139  subject to this section to contribute its proportionate share of
 1140  the funds, land, or public facilities necessary to accommodate
 1141  any impacts having a rational nexus to the proposed development,
 1142  and the need to construct new facilities or add to the present
 1143  system of public facilities must be reasonably attributable to
 1144  the proposed development.
 1145         2. Selection of a contractor or design professional for any
 1146  aspect of construction or design related to the construction or
 1147  expansion of a public facility by a nongovernmental developer
 1148  which is undertaken as a condition of a development order to
 1149  mitigate the impacts reasonably attributable to the proposed
 1150  development is not subject to competitive bidding or competitive
 1151  negotiation A local government shall not approve a development
 1152  of regional impact that does not make adequate provision for the
 1153  public facilities needed to accommodate the impacts of the
 1154  proposed development unless the local government includes in the
 1155  development order a commitment by the local government to
 1156  provide these facilities consistently with the development
 1157  schedule approved in the development order; however, a local
 1158  government’s failure to meet the requirements of subparagraph 1.
 1159  and this subparagraph shall not preclude the issuance of a
 1160  development order where adequate provision is made by the
 1161  developer for the public facilities needed to accommodate the
 1162  impacts of the proposed development. Any funds or lands
 1163  contributed by a developer must be expressly designated and used
 1164  to accommodate impacts reasonably attributable to the proposed
 1165  development.
 1166         3. The Department of Economic Opportunity and other state
 1167  and regional agencies involved in the administration and
 1168  implementation of this act shall cooperate and work with units
 1169  of local government in preparing and adopting local impact fee
 1170  and other contribution ordinances.
 1171         (c)(f) Notice of the adoption of an amendment a development
 1172  order or the subsequent amendments to an adopted development
 1173  order shall be recorded by the developer, in accordance with s.
 1174  28.222, with the clerk of the circuit court for each county in
 1175  which the development is located. The notice shall include a
 1176  legal description of the property covered by the order and shall
 1177  state which unit of local government adopted the development
 1178  order, the date of adoption, the date of adoption of any
 1179  amendments to the development order, the location where the
 1180  adopted order with any amendments may be examined, and that the
 1181  development order constitutes a land development regulation
 1182  applicable to the property. The recording of this notice does
 1183  shall not constitute a lien, cloud, or encumbrance on real
 1184  property, or actual or constructive notice of any such lien,
 1185  cloud, or encumbrance. This paragraph applies only to
 1186  developments initially approved under this section after July 1,
 1187  1980. If the local government of jurisdiction rescinds a
 1188  development order for an approved development of regional impact
 1189  pursuant to s. 380.115, the developer may record notice of the
 1190  rescission.
 1191         (d)(g)Any agreement entered into by the state land
 1192  planning agency, the developer, and the A local government with
 1193  respect to an approved development of regional impact previously
 1194  classified as essentially built out, or any other official
 1195  determination that an approved development of regional impact is
 1196  essentially built out, remains valid unless it expired on or
 1197  before the effective date of this act. may not issue a permit
 1198  for a development subsequent to the buildout date contained in
 1199  the development order unless:
 1200         1. The proposed development has been evaluated cumulatively
 1201  with existing development under the substantial deviation
 1202  provisions of subsection (19) after the termination or
 1203  expiration date;
 1204         2. The proposed development is consistent with an
 1205  abandonment of development order that has been issued in
 1206  accordance with subsection (26);
 1207         3. The development of regional impact is essentially built
 1208  out, in that all the mitigation requirements in the development
 1209  order have been satisfied, all developers are in compliance with
 1210  all applicable terms and conditions of the development order
 1211  except the buildout date, and the amount of proposed development
 1212  that remains to be built is less than 40 percent of any
 1213  applicable development-of-regional-impact threshold; or
 1214         4. The project has been determined to be an essentially
 1215  built-out development of regional impact through an agreement
 1216  executed by the developer, the state land planning agency, and
 1217  the local government, in accordance with s. 380.032, which will
 1218  establish the terms and conditions under which the development
 1219  may be continued. If the project is determined to be essentially
 1220  built out, development may proceed pursuant to the s. 380.032
 1221  agreement after the termination or expiration date contained in
 1222  the development order without further development-of-regional
 1223  impact review subject to the local government comprehensive plan
 1224  and land development regulations. The parties may amend the
 1225  agreement without submission, review, or approval of a
 1226  notification of proposed change pursuant to subsection (19). For
 1227  the purposes of this paragraph, a development of regional impact
 1228  is considered essentially built out, if:
 1229         a. The developers are in compliance with all applicable
 1230  terms and conditions of the development order except the
 1231  buildout date or reporting requirements; and
 1232         b.(I) The amount of development that remains to be built is
 1233  less than the substantial deviation threshold specified in
 1234  paragraph (19)(b) for each individual land use category, or, for
 1235  a multiuse development, the sum total of all unbuilt land uses
 1236  as a percentage of the applicable substantial deviation
 1237  threshold is equal to or less than 100 percent; or
 1238         (II) The state land planning agency and the local
 1239  government have agreed in writing that the amount of development
 1240  to be built does not create the likelihood of any additional
 1241  regional impact not previously reviewed.
 1242  
 1243  The single-family residential portions of a development may be
 1244  considered essentially built out if all of the workforce housing
 1245  obligations and all of the infrastructure and horizontal
 1246  development have been completed, at least 50 percent of the
 1247  dwelling units have been completed, and more than 80 percent of
 1248  the lots have been conveyed to third-party individual lot owners
 1249  or to individual builders who own no more than 40 lots at the
 1250  time of the determination. The mobile home park portions of a
 1251  development may be considered essentially built out if all the
 1252  infrastructure and horizontal development has been completed,
 1253  and at least 50 percent of the lots are leased to individual
 1254  mobile home owners. In order to accommodate changing market
 1255  demands and achieve maximum land use efficiency in an
 1256  essentially built out project, when a developer is building out
 1257  a project, a local government, without the concurrence of the
 1258  state land planning agency, may adopt a resolution authorizing
 1259  the developer to exchange one approved land use for another
 1260  approved land use as specified in the agreement. Before the
 1261  issuance of a building permit pursuant to an exchange, the
 1262  developer must demonstrate to the local government that the
 1263  exchange ratio will not result in a net increase in impacts to
 1264  public facilities and will meet all applicable requirements of
 1265  the comprehensive plan and land development code. For
 1266  developments previously determined to impact strategic
 1267  intermodal facilities as defined in s. 339.63, the local
 1268  government shall consult with the Department of Transportation
 1269  before approving the exchange.
 1270         (h) If the property is annexed by another local
 1271  jurisdiction, the annexing jurisdiction shall adopt a new
 1272  development order that incorporates all previous rights and
 1273  obligations specified in the prior development order.
 1274         (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
 1275         (a) Notwithstanding any provision of an adopted local
 1276  comprehensive plan or adopted local government land development
 1277  regulations to the contrary, the adoption of an amendment to a
 1278  development order for an approved development of regional impact
 1279  pursuant to subsection (7) does not diminish or otherwise alter
 1280  any credits for a development order exaction or fee as against
 1281  impact fees, mobility fees, or exactions when such credits are
 1282  based upon the developer’s contribution of land or a public
 1283  facility or the construction, expansion, or payment for land
 1284  acquisition or construction or expansion of a public facility,
 1285  or a portion thereof If the development order requires the
 1286  developer to contribute land or a public facility or construct,
 1287  expand, or pay for land acquisition or construction or expansion
 1288  of a public facility, or portion thereof, and the developer is
 1289  also subject by local ordinance to impact fees or exactions to
 1290  meet the same needs, the local government shall establish and
 1291  implement a procedure that credits a development order exaction
 1292  or fee toward an impact fee or exaction imposed by local
 1293  ordinance for the same need; however, if the Florida Land and
 1294  Water Adjudicatory Commission imposes any additional
 1295  requirement, the local government shall not be required to grant
 1296  a credit toward the local exaction or impact fee unless the
 1297  local government determines that such required contribution,
 1298  payment, or construction meets the same need that the local
 1299  exaction or impact fee would address. The nongovernmental
 1300  developer need not be required, by virtue of this credit, to
 1301  competitively bid or negotiate any part of the construction or
 1302  design of the facility, unless otherwise requested by the local
 1303  government.
 1304         (b) If the local government imposes or increases an impact
 1305  fee, mobility fee, or exaction by local ordinance after a
 1306  development order has been issued, the developer may petition
 1307  the local government, and the local government shall modify the
 1308  affected provisions of the development order to give the
 1309  developer credit for any contribution of land for a public
 1310  facility, or construction, expansion, or contribution of funds
 1311  for land acquisition or construction or expansion of a public
 1312  facility, or a portion thereof, required by the development
 1313  order toward an impact fee or exaction for the same need.
 1314         (c) Any The local government and the developer may enter
 1315  into capital contribution front-ending agreement entered into by
 1316  a local government and a developer which is still in effect as
 1317  of the effective date of this act agreements as part of a
 1318  development-of-regional-impact development order to reimburse
 1319  the developer, or the developer’s successor, for voluntary
 1320  contributions paid in excess of his or her fair share remains
 1321  valid.
 1322         (d) This subsection does not apply to internal, onsite
 1323  facilities required by local regulations or to any offsite
 1324  facilities to the extent that such facilities are necessary to
 1325  provide safe and adequate services to the development.
 1326         (17) LOCAL MONITORING.—The local government issuing the
 1327  development order is primarily responsible for monitoring the
 1328  development and enforcing the provisions of the development
 1329  order. Local governments shall not issue any permits or
 1330  approvals or provide any extensions of services if the developer
 1331  fails to act in substantial compliance with the development
 1332  order.
 1333         (6)(18)BIENNIAL REPORTS.—Notwithstanding any condition in
 1334  a development order for an approved development of regional
 1335  impact, the developer is not required to shall submit an annual
 1336  or a biennial report on the development of regional impact to
 1337  the local government, the regional planning agency, the state
 1338  land planning agency, and all affected permit agencies in
 1339  alternate years on the date specified in the development order,
 1340  unless required to do so by the local government that has
 1341  jurisdiction over the development. The penalty for failure to
 1342  file such a required report is as prescribed by the local
 1343  government development order by its terms requires more frequent
 1344  monitoring. If the report is not received, the state land
 1345  planning agency shall notify the local government. If the local
 1346  government does not receive the report or receives notification
 1347  that the state land planning agency has not received the report,
 1348  the local government shall request in writing that the developer
 1349  submit the report within 30 days. The failure to submit the
 1350  report after 30 days shall result in the temporary suspension of
 1351  the development order by the local government. If no additional
 1352  development pursuant to the development order has occurred since
 1353  the submission of the previous report, then a letter from the
 1354  developer stating that no development has occurred shall satisfy
 1355  the requirement for a report. Development orders that require
 1356  annual reports may be amended to require biennial reports at the
 1357  option of the local government.
 1358         (7)(19)CHANGES SUBSTANTIAL DEVIATIONS.—
 1359         (a) Notwithstanding any provision to the contrary in any
 1360  development order, agreement, local comprehensive plan, or local
 1361  land development regulation, any proposed change to a previously
 1362  approved development of regional impact shall be reviewed by the
 1363  local government based on the standards and procedures in its
 1364  adopted local comprehensive plan and adopted local land
 1365  development regulations, including, but not limited to,
 1366  procedures for notice to the applicant and the public regarding
 1367  the issuance of development orders. At least one public hearing
 1368  must be held on the application for change, and any change must
 1369  be approved by the local governing body before it becomes
 1370  effective. The review must abide by any prior agreements or
 1371  other actions vesting the laws and policies governing the
 1372  development. Development within the previously approved
 1373  development of regional impact may continue, as approved, during
 1374  the review in portions of the development which are not directly
 1375  affected by the proposed change which creates a reasonable
 1376  likelihood of additional regional impact, or any type of
 1377  regional impact created by the change not previously reviewed by
 1378  the regional planning agency, shall constitute a substantial
 1379  deviation and shall cause the proposed change to be subject to
 1380  further development-of-regional-impact review. There are a
 1381  variety of reasons why a developer may wish to propose changes
 1382  to an approved development of regional impact, including changed
 1383  market conditions. The procedures set forth in this subsection
 1384  are for that purpose.
 1385         (b) The local government shall either adopt an amendment to
 1386  the development order that approves the application, with or
 1387  without conditions, or deny the application for the proposed
 1388  change. Any new conditions in the amendment to the development
 1389  order issued by the local government may address only those
 1390  impacts directly created by the proposed change, and must be
 1391  consistent with s. 163.3180(5), the adopted comprehensive plan,
 1392  and adopted land development regulations. Changes to a phase
 1393  date, buildout date, expiration date, or termination date may
 1394  also extend any required mitigation associated with a phased
 1395  construction project so that mitigation takes place in the same
 1396  timeframe relative to the impacts as approved Any proposed
 1397  change to a previously approved development of regional impact
 1398  or development order condition which, either individually or
 1399  cumulatively with other changes, exceeds any of the criteria in
 1400  subparagraphs 1.-11. constitutes a substantial deviation and
 1401  shall cause the development to be subject to further
 1402  development-of-regional-impact review through the notice of
 1403  proposed change process under this section.
 1404         1. An increase in the number of parking spaces at an
 1405  attraction or recreational facility by 15 percent or 500 spaces,
 1406  whichever is greater, or an increase in the number of spectators
 1407  that may be accommodated at such a facility by 15 percent or
 1408  1,500 spectators, whichever is greater.
 1409         2. A new runway, a new terminal facility, a 25 percent
 1410  lengthening of an existing runway, or a 25 percent increase in
 1411  the number of gates of an existing terminal, but only if the
 1412  increase adds at least three additional gates.
 1413         3. An increase in land area for office development by 15
 1414  percent or an increase of gross floor area of office development
 1415  by 15 percent or 100,000 gross square feet, whichever is
 1416  greater.
 1417         4. An increase in the number of dwelling units by 10
 1418  percent or 55 dwelling units, whichever is greater.
 1419         5. An increase in the number of dwelling units by 50
 1420  percent or 200 units, whichever is greater, provided that 15
 1421  percent of the proposed additional dwelling units are dedicated
 1422  to affordable workforce housing, subject to a recorded land use
 1423  restriction that shall be for a period of not less than 20 years
 1424  and that includes resale provisions to ensure long-term
 1425  affordability for income-eligible homeowners and renters and
 1426  provisions for the workforce housing to be commenced before the
 1427  completion of 50 percent of the market rate dwelling. For
 1428  purposes of this subparagraph, the term “affordable workforce
 1429  housing” means housing that is affordable to a person who earns
 1430  less than 120 percent of the area median income, or less than
 1431  140 percent of the area median income if located in a county in
 1432  which the median purchase price for a single-family existing
 1433  home exceeds the statewide median purchase price of a single
 1434  family existing home. For purposes of this subparagraph, the
 1435  term “statewide median purchase price of a single-family
 1436  existing home” means the statewide purchase price as determined
 1437  in the Florida Sales Report, Single-Family Existing Homes,
 1438  released each January by the Florida Association of Realtors and
 1439  the University of Florida Real Estate Research Center.
 1440         6. An increase in commercial development by 60,000 square
 1441  feet of gross floor area or of parking spaces provided for
 1442  customers for 425 cars or a 10 percent increase, whichever is
 1443  greater.
 1444         7. An increase in a recreational vehicle park area by 10
 1445  percent or 110 vehicle spaces, whichever is less.
 1446         8. A decrease in the area set aside for open space of 5
 1447  percent or 20 acres, whichever is less.
 1448         9. A proposed increase to an approved multiuse development
 1449  of regional impact where the sum of the increases of each land
 1450  use as a percentage of the applicable substantial deviation
 1451  criteria is equal to or exceeds 110 percent. The percentage of
 1452  any decrease in the amount of open space shall be treated as an
 1453  increase for purposes of determining when 110 percent has been
 1454  reached or exceeded.
 1455         10. A 15 percent increase in the number of external vehicle
 1456  trips generated by the development above that which was
 1457  projected during the original development-of-regional-impact
 1458  review.
 1459         11. Any change that would result in development of any area
 1460  which was specifically set aside in the application for
 1461  development approval or in the development order for
 1462  preservation or special protection of endangered or threatened
 1463  plants or animals designated as endangered, threatened, or
 1464  species of special concern and their habitat, any species
 1465  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1466  archaeological and historical sites designated as significant by
 1467  the Division of Historical Resources of the Department of State.
 1468  The refinement of the boundaries and configuration of such areas
 1469  shall be considered under sub-subparagraph (e)2.j.
 1470  
 1471  The substantial deviation numerical standards in subparagraphs
 1472  3., 6., and 9., excluding residential uses, and in subparagraph
 1473  10., are increased by 100 percent for a project certified under
 1474  s. 403.973 which creates jobs and meets criteria established by
 1475  the Department of Economic Opportunity as to its impact on an
 1476  area’s economy, employment, and prevailing wage and skill
 1477  levels. The substantial deviation numerical standards in
 1478  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
 1479  percent for a project located wholly within an urban infill and
 1480  redevelopment area designated on the applicable adopted local
 1481  comprehensive plan future land use map and not located within
 1482  the coastal high hazard area.
 1483         (c) This section is not intended to alter or otherwise
 1484  limit the extension, previously granted by statute, of a
 1485  commencement, buildout, phase, termination, or expiration date
 1486  in any development order for an approved development of regional
 1487  impact and any corresponding modification of a related permit or
 1488  agreement. Any such extension is not subject to review or
 1489  modification in any future amendment to a development order
 1490  pursuant to the adopted local comprehensive plan and adopted
 1491  local land development regulations An extension of the date of
 1492  buildout of a development, or any phase thereof, by more than 7
 1493  years is presumed to create a substantial deviation subject to
 1494  further development-of-regional-impact review.
 1495         1. An extension of the date of buildout, or any phase
 1496  thereof, of more than 5 years but not more than 7 years is
 1497  presumed not to create a substantial deviation. The extension of
 1498  the date of buildout of an areawide development of regional
 1499  impact by more than 5 years but less than 10 years is presumed
 1500  not to create a substantial deviation. These presumptions may be
 1501  rebutted by clear and convincing evidence at the public hearing
 1502  held by the local government. An extension of 5 years or less is
 1503  not a substantial deviation.
 1504         2. In recognition of the 2011 real estate market
 1505  conditions, at the option of the developer, all commencement,
 1506  phase, buildout, and expiration dates for projects that are
 1507  currently valid developments of regional impact are extended for
 1508  4 years regardless of any previous extension. Associated
 1509  mitigation requirements are extended for the same period unless,
 1510  before December 1, 2011, a governmental entity notifies a
 1511  developer that has commenced any construction within the phase
 1512  for which the mitigation is required that the local government
 1513  has entered into a contract for construction of a facility with
 1514  funds to be provided from the development’s mitigation funds for
 1515  that phase as specified in the development order or written
 1516  agreement with the developer. The 4-year extension is not a
 1517  substantial deviation, is not subject to further development-of
 1518  regional-impact review, and may not be considered when
 1519  determining whether a subsequent extension is a substantial
 1520  deviation under this subsection. The developer must notify the
 1521  local government in writing by December 31, 2011, in order to
 1522  receive the 4-year extension.
 1523  
 1524  For the purpose of calculating when a buildout or phase date has
 1525  been exceeded, the time shall be tolled during the pendency of
 1526  administrative or judicial proceedings relating to development
 1527  permits. Any extension of the buildout date of a project or a
 1528  phase thereof shall automatically extend the commencement date
 1529  of the project, the termination date of the development order,
 1530  the expiration date of the development of regional impact, and
 1531  the phases thereof if applicable by a like period of time.
 1532         (d) A change in the plan of development of an approved
 1533  development of regional impact resulting from requirements
 1534  imposed by the Department of Environmental Protection or any
 1535  water management district created by s. 373.069 or any of their
 1536  successor agencies or by any appropriate federal regulatory
 1537  agency shall be submitted to the local government pursuant to
 1538  this subsection. The change shall be presumed not to create a
 1539  substantial deviation subject to further development-of
 1540  regional-impact review. The presumption may be rebutted by clear
 1541  and convincing evidence at the public hearing held by the local
 1542  government.
 1543         (e)1. Except for a development order rendered pursuant to
 1544  subsection (22) or subsection (25), a proposed change to a
 1545  development order which individually or cumulatively with any
 1546  previous change is less than any numerical criterion contained
 1547  in subparagraphs (b)1.-10. and does not exceed any other
 1548  criterion, or which involves an extension of the buildout date
 1549  of a development, or any phase thereof, of less than 5 years is
 1550  not subject to the public hearing requirements of subparagraph
 1551  (f)3., and is not subject to a determination pursuant to
 1552  subparagraph (f)5. Notice of the proposed change shall be made
 1553  to the regional planning council and the state land planning
 1554  agency. Such notice must include a description of previous
 1555  individual changes made to the development, including changes
 1556  previously approved by the local government, and must include
 1557  appropriate amendments to the development order.
 1558         2. The following changes, individually or cumulatively with
 1559  any previous changes, are not substantial deviations:
 1560         a. Changes in the name of the project, developer, owner, or
 1561  monitoring official.
 1562         b. Changes to a setback which do not affect noise buffers,
 1563  environmental protection or mitigation areas, or archaeological
 1564  or historical resources.
 1565         c. Changes to minimum lot sizes.
 1566         d. Changes in the configuration of internal roads which do
 1567  not affect external access points.
 1568         e. Changes to the building design or orientation which stay
 1569  approximately within the approved area designated for such
 1570  building and parking lot, and which do not affect historical
 1571  buildings designated as significant by the Division of
 1572  Historical Resources of the Department of State.
 1573         f. Changes to increase the acreage in the development, if
 1574  no development is proposed on the acreage to be added.
 1575         g. Changes to eliminate an approved land use, if there are
 1576  no additional regional impacts.
 1577         h. Changes required to conform to permits approved by any
 1578  federal, state, or regional permitting agency, if these changes
 1579  do not create additional regional impacts.
 1580         i. Any renovation or redevelopment of development within a
 1581  previously approved development of regional impact which does
 1582  not change land use or increase density or intensity of use.
 1583         j. Changes that modify boundaries and configuration of
 1584  areas described in subparagraph (b)11. due to science-based
 1585  refinement of such areas by survey, by habitat evaluation, by
 1586  other recognized assessment methodology, or by an environmental
 1587  assessment. In order for changes to qualify under this sub
 1588  subparagraph, the survey, habitat evaluation, or assessment must
 1589  occur before the time that a conservation easement protecting
 1590  such lands is recorded and must not result in any net decrease
 1591  in the total acreage of the lands specifically set aside for
 1592  permanent preservation in the final development order.
 1593         k. Changes that do not increase the number of external peak
 1594  hour trips and do not reduce open space and conserved areas
 1595  within the project except as otherwise permitted by sub
 1596  subparagraph j.
 1597         l. A phase date extension, if the state land planning
 1598  agency, in consultation with the regional planning council and
 1599  subject to the written concurrence of the Department of
 1600  Transportation, agrees that the traffic impact is not
 1601  significant and adverse under applicable state agency rules.
 1602         m. Any other change that the state land planning agency, in
 1603  consultation with the regional planning council, agrees in
 1604  writing is similar in nature, impact, or character to the
 1605  changes enumerated in sub-subparagraphs a.-l. and that does not
 1606  create the likelihood of any additional regional impact.
 1607  
 1608  This subsection does not require the filing of a notice of
 1609  proposed change but requires an application to the local
 1610  government to amend the development order in accordance with the
 1611  local government’s procedures for amendment of a development
 1612  order. In accordance with the local government’s procedures,
 1613  including requirements for notice to the applicant and the
 1614  public, the local government shall either deny the application
 1615  for amendment or adopt an amendment to the development order
 1616  which approves the application with or without conditions.
 1617  Following adoption, the local government shall render to the
 1618  state land planning agency the amendment to the development
 1619  order. The state land planning agency may appeal, pursuant to s.
 1620  380.07(3), the amendment to the development order if the
 1621  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1622  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
 1623  and if the agency believes that the change creates a reasonable
 1624  likelihood of new or additional regional impacts.
 1625         3. Except for the change authorized by sub-subparagraph
 1626  2.f., any addition of land not previously reviewed or any change
 1627  not specified in paragraph (b) or paragraph (c) shall be
 1628  presumed to create a substantial deviation. This presumption may
 1629  be rebutted by clear and convincing evidence.
 1630         4. Any submittal of a proposed change to a previously
 1631  approved development must include a description of individual
 1632  changes previously made to the development, including changes
 1633  previously approved by the local government. The local
 1634  government shall consider the previous and current proposed
 1635  changes in deciding whether such changes cumulatively constitute
 1636  a substantial deviation requiring further development-of
 1637  regional-impact review.
 1638         5. The following changes to an approved development of
 1639  regional impact shall be presumed to create a substantial
 1640  deviation. Such presumption may be rebutted by clear and
 1641  convincing evidence:
 1642         a. A change proposed for 15 percent or more of the acreage
 1643  to a land use not previously approved in the development order.
 1644  Changes of less than 15 percent shall be presumed not to create
 1645  a substantial deviation.
 1646         b. Notwithstanding any provision of paragraph (b) to the
 1647  contrary, a proposed change consisting of simultaneous increases
 1648  and decreases of at least two of the uses within an authorized
 1649  multiuse development of regional impact which was originally
 1650  approved with three or more uses specified in s. 380.0651(3)(c)
 1651  and (d) and residential use.
 1652         6. If a local government agrees to a proposed change, a
 1653  change in the transportation proportionate share calculation and
 1654  mitigation plan in an adopted development order as a result of
 1655  recalculation of the proportionate share contribution meeting
 1656  the requirements of s. 163.3180(5)(h) in effect as of the date
 1657  of such change shall be presumed not to create a substantial
 1658  deviation. For purposes of this subsection, the proposed change
 1659  in the proportionate share calculation or mitigation plan may
 1660  not be considered an additional regional transportation impact.
 1661         (f)1. The state land planning agency shall establish by
 1662  rule standard forms for submittal of proposed changes to a
 1663  previously approved development of regional impact which may
 1664  require further development-of-regional-impact review. At a
 1665  minimum, the standard form shall require the developer to
 1666  provide the precise language that the developer proposes to
 1667  delete or add as an amendment to the development order.
 1668         2. The developer shall submit, simultaneously, to the local
 1669  government, the regional planning agency, and the state land
 1670  planning agency the request for approval of a proposed change.
 1671         3. No sooner than 30 days but no later than 45 days after
 1672  submittal by the developer to the local government, the state
 1673  land planning agency, and the appropriate regional planning
 1674  agency, the local government shall give 15 days’ notice and
 1675  schedule a public hearing to consider the change that the
 1676  developer asserts does not create a substantial deviation. This
 1677  public hearing shall be held within 60 days after submittal of
 1678  the proposed changes, unless that time is extended by the
 1679  developer.
 1680         4. The appropriate regional planning agency or the state
 1681  land planning agency shall review the proposed change and, no
 1682  later than 45 days after submittal by the developer of the
 1683  proposed change, unless that time is extended by the developer,
 1684  and prior to the public hearing at which the proposed change is
 1685  to be considered, shall advise the local government in writing
 1686  whether it objects to the proposed change, shall specify the
 1687  reasons for its objection, if any, and shall provide a copy to
 1688  the developer.
 1689         5. At the public hearing, the local government shall
 1690  determine whether the proposed change requires further
 1691  development-of-regional-impact review. The provisions of
 1692  paragraphs (a) and (e), the thresholds set forth in paragraph
 1693  (b), and the presumptions set forth in paragraphs (c) and (d)
 1694  and subparagraph (e)3. shall be applicable in determining
 1695  whether further development-of-regional-impact review is
 1696  required. The local government may also deny the proposed change
 1697  based on matters relating to local issues, such as if the land
 1698  on which the change is sought is plat restricted in a way that
 1699  would be incompatible with the proposed change, and the local
 1700  government does not wish to change the plat restriction as part
 1701  of the proposed change.
 1702         6. If the local government determines that the proposed
 1703  change does not require further development-of-regional-impact
 1704  review and is otherwise approved, or if the proposed change is
 1705  not subject to a hearing and determination pursuant to
 1706  subparagraphs 3. and 5. and is otherwise approved, the local
 1707  government shall issue an amendment to the development order
 1708  incorporating the approved change and conditions of approval
 1709  relating to the change. The requirement that a change be
 1710  otherwise approved shall not be construed to require additional
 1711  local review or approval if the change is allowed by applicable
 1712  local ordinances without further local review or approval. The
 1713  decision of the local government to approve, with or without
 1714  conditions, or to deny the proposed change that the developer
 1715  asserts does not require further review shall be subject to the
 1716  appeal provisions of s. 380.07. However, the state land planning
 1717  agency may not appeal the local government decision if it did
 1718  not comply with subparagraph 4. The state land planning agency
 1719  may not appeal a change to a development order made pursuant to
 1720  subparagraph (e)1. or subparagraph (e)2. for developments of
 1721  regional impact approved after January 1, 1980, unless the
 1722  change would result in a significant impact to a regionally
 1723  significant archaeological, historical, or natural resource not
 1724  previously identified in the original development-of-regional
 1725  impact review.
 1726         (g) If a proposed change requires further development-of
 1727  regional-impact review pursuant to this section, the review
 1728  shall be conducted subject to the following additional
 1729  conditions:
 1730         1. The development-of-regional-impact review conducted by
 1731  the appropriate regional planning agency shall address only
 1732  those issues raised by the proposed change except as provided in
 1733  subparagraph 2.
 1734         2. The regional planning agency shall consider, and the
 1735  local government shall determine whether to approve, approve
 1736  with conditions, or deny the proposed change as it relates to
 1737  the entire development. If the local government determines that
 1738  the proposed change, as it relates to the entire development, is
 1739  unacceptable, the local government shall deny the change.
 1740         3. If the local government determines that the proposed
 1741  change should be approved, any new conditions in the amendment
 1742  to the development order issued by the local government shall
 1743  address only those issues raised by the proposed change and
 1744  require mitigation only for the individual and cumulative
 1745  impacts of the proposed change.
 1746         4. Development within the previously approved development
 1747  of regional impact may continue, as approved, during the
 1748  development-of-regional-impact review in those portions of the
 1749  development which are not directly affected by the proposed
 1750  change.
 1751         (h) When further development-of-regional-impact review is
 1752  required because a substantial deviation has been determined or
 1753  admitted by the developer, the amendment to the development
 1754  order issued by the local government shall be consistent with
 1755  the requirements of subsection (15) and shall be subject to the
 1756  hearing and appeal provisions of s. 380.07. The state land
 1757  planning agency or the appropriate regional planning agency need
 1758  not participate at the local hearing in order to appeal a local
 1759  government development order issued pursuant to this paragraph.
 1760         (i) An increase in the number of residential dwelling units
 1761  shall not constitute a substantial deviation and shall not be
 1762  subject to development-of-regional-impact review for additional
 1763  impacts, provided that all the residential dwelling units are
 1764  dedicated to affordable workforce housing and the total number
 1765  of new residential units does not exceed 200 percent of the
 1766  substantial deviation threshold. The affordable workforce
 1767  housing shall be subject to a recorded land use restriction that
 1768  shall be for a period of not less than 20 years and that
 1769  includes resale provisions to ensure long-term affordability for
 1770  income-eligible homeowners and renters. For purposes of this
 1771  paragraph, the term “affordable workforce housing” means housing
 1772  that is affordable to a person who earns less than 120 percent
 1773  of the area median income, or less than 140 percent of the area
 1774  median income if located in a county in which the median
 1775  purchase price for a single-family existing home exceeds the
 1776  statewide median purchase price of a single-family existing
 1777  home. For purposes of this paragraph, the term “statewide median
 1778  purchase price of a single-family existing home” means the
 1779  statewide purchase price as determined in the Florida Sales
 1780  Report, Single-Family Existing Homes, released each January by
 1781  the Florida Association of Realtors and the University of
 1782  Florida Real Estate Research Center.
 1783         (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
 1784  or modify the rights of any person to complete any development
 1785  that was authorized by registration of a subdivision pursuant to
 1786  former chapter 498, by recordation pursuant to local subdivision
 1787  plat law, or by a building permit or other authorization to
 1788  commence development on which there has been reliance and a
 1789  change of position and which registration or recordation was
 1790  accomplished, or which permit or authorization was issued, prior
 1791  to July 1, 1973. If a developer has, by his or her actions in
 1792  reliance on prior regulations, obtained vested or other legal
 1793  rights that in law would have prevented a local government from
 1794  changing those regulations in a way adverse to the developer’s
 1795  interests, nothing in this chapter authorizes any governmental
 1796  agency to abridge those rights.
 1797         (a) For the purpose of determining the vesting of rights
 1798  under this subsection, approval pursuant to local subdivision
 1799  plat law, ordinances, or regulations of a subdivision plat by
 1800  formal vote of a county or municipal governmental body having
 1801  jurisdiction after August 1, 1967, and prior to July 1, 1973, is
 1802  sufficient to vest all property rights for the purposes of this
 1803  subsection; and no action in reliance on, or change of position
 1804  concerning, such local governmental approval is required for
 1805  vesting to take place. Anyone claiming vested rights under this
 1806  paragraph must notify the department in writing by January 1,
 1807  1986. Such notification shall include information adequate to
 1808  document the rights established by this subsection. When such
 1809  notification requirements are met, in order for the vested
 1810  rights authorized pursuant to this paragraph to remain valid
 1811  after June 30, 1990, development of the vested plan must be
 1812  commenced prior to that date upon the property that the state
 1813  land planning agency has determined to have acquired vested
 1814  rights following the notification or in a binding letter of
 1815  interpretation. When the notification requirements have not been
 1816  met, the vested rights authorized by this paragraph shall expire
 1817  June 30, 1986, unless development commenced prior to that date.
 1818         (b) For the purpose of this act, the conveyance of, or the
 1819  agreement to convey, property to the county, state, or local
 1820  government as a prerequisite to zoning change approval shall be
 1821  construed as an act of reliance to vest rights as determined
 1822  under this subsection, provided such zoning change is actually
 1823  granted by such government.
 1824         (9)(21)VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
 1825  DEVELOPMENT ORDER.—
 1826         (a)Any agreement previously entered into by a developer, a
 1827  regional planning agency, and a local government regarding If a
 1828  development project that includes two or more developments of
 1829  regional impact and was the subject of, a developer may file a
 1830  comprehensive development-of-regional-impact application remains
 1831  valid unless it expired on or before the effective date of this
 1832  act.
 1833         (b) If a proposed development is planned for development
 1834  over an extended period of time, the developer may file an
 1835  application for master development approval of the project and
 1836  agree to present subsequent increments of the development for
 1837  preconstruction review. This agreement shall be entered into by
 1838  the developer, the regional planning agency, and the appropriate
 1839  local government having jurisdiction. The provisions of
 1840  subsection (9) do not apply to this subsection, except that a
 1841  developer may elect to utilize the review process established in
 1842  subsection (9) for review of the increments of a master plan.
 1843         1. Prior to adoption of the master plan development order,
 1844  the developer, the landowner, the appropriate regional planning
 1845  agency, and the local government having jurisdiction shall
 1846  review the draft of the development order to ensure that
 1847  anticipated regional impacts have been adequately addressed and
 1848  that information requirements for subsequent incremental
 1849  application review are clearly defined. The development order
 1850  for a master application shall specify the information which
 1851  must be submitted with an incremental application and shall
 1852  identify those issues which can result in the denial of an
 1853  incremental application.
 1854         2. The review of subsequent incremental applications shall
 1855  be limited to that information specifically required and those
 1856  issues specifically raised by the master development order,
 1857  unless substantial changes in the conditions underlying the
 1858  approval of the master plan development order are demonstrated
 1859  or the master development order is shown to have been based on
 1860  substantially inaccurate information.
 1861         (c) The state land planning agency, by rule, shall
 1862  establish uniform procedures to implement this subsection.
 1863         (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
 1864         (a) A downtown development authority may submit a
 1865  development-of-regional-impact application for development
 1866  approval pursuant to this section. The area described in the
 1867  application may consist of any or all of the land over which a
 1868  downtown development authority has the power described in s.
 1869  380.031(5). For the purposes of this subsection, a downtown
 1870  development authority shall be considered the developer whether
 1871  or not the development will be undertaken by the downtown
 1872  development authority.
 1873         (b) In addition to information required by the development
 1874  of-regional-impact application, the application for development
 1875  approval submitted by a downtown development authority shall
 1876  specify the total amount of development planned for each land
 1877  use category. In addition to the requirements of subsection
 1878  (15), the development order shall specify the amount of
 1879  development approved within each land use category. Development
 1880  undertaken in conformance with a development order issued under
 1881  this section does not require further review.
 1882         (c) If a development is proposed within the area of a
 1883  downtown development plan approved pursuant to this section
 1884  which would result in development in excess of the amount
 1885  specified in the development order for that type of activity,
 1886  changes shall be subject to the provisions of subsection (19),
 1887  except that the percentages and numerical criteria shall be
 1888  double those listed in paragraph (19)(b).
 1889         (d) The provisions of subsection (9) do not apply to this
 1890  subsection.
 1891         (23)ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
 1892         (a) The state land planning agency shall adopt rules to
 1893  ensure uniform review of developments of regional impact by the
 1894  state land planning agency and regional planning agencies under
 1895  this section. These rules shall be adopted pursuant to chapter
 1896  120 and shall include all forms, application content, and review
 1897  guidelines necessary to implement development-of-regional-impact
 1898  reviews. The state land planning agency, in consultation with
 1899  the regional planning agencies, may also designate types of
 1900  development or areas suitable for development in which reduced
 1901  information requirements for development-of-regional-impact
 1902  review shall apply.
 1903         (b) Regional planning agencies shall be subject to rules
 1904  adopted by the state land planning agency. At the request of a
 1905  regional planning council, the state land planning agency may
 1906  adopt by rule different standards for a specific comprehensive
 1907  planning district upon a finding that the statewide standard is
 1908  inadequate to protect or promote the regional interest at issue.
 1909  If such a regional standard is adopted by the state land
 1910  planning agency, the regional standard shall be applied to all
 1911  pertinent development-of-regional-impact reviews conducted in
 1912  that region until rescinded.
 1913         (c) Within 6 months of the effective date of this section,
 1914  the state land planning agency shall adopt rules which:
 1915         1. Establish uniform statewide standards for development
 1916  of-regional-impact review.
 1917         2. Establish a short application for development approval
 1918  form which eliminates issues and questions for any project in a
 1919  jurisdiction with an adopted local comprehensive plan that is in
 1920  compliance.
 1921         (d) Regional planning agencies that perform development-of
 1922  regional-impact and Florida Quality Development review are
 1923  authorized to assess and collect fees to fund the costs, direct
 1924  and indirect, of conducting the review process. The state land
 1925  planning agency shall adopt rules to provide uniform criteria
 1926  for the assessment and collection of such fees. The rules
 1927  providing uniform criteria shall not be subject to rule
 1928  challenge under s. 120.56(2) or to drawout proceedings under s.
 1929  120.54(3)(c)2., but, once adopted, shall be subject to an
 1930  invalidity challenge under s. 120.56(3) by substantially
 1931  affected persons. Until the state land planning agency adopts a
 1932  rule implementing this paragraph, rules of the regional planning
 1933  councils currently in effect regarding fees shall remain in
 1934  effect. Fees may vary in relation to the type and size of a
 1935  proposed project, but shall not exceed $75,000, unless the state
 1936  land planning agency, after reviewing any disputed expenses
 1937  charged by the regional planning agency, determines that said
 1938  expenses were reasonable and necessary for an adequate regional
 1939  review of the impacts of a project.
 1940         (24) STATUTORY EXEMPTIONS.—
 1941         (a) Any proposed hospital is exempt from this section.
 1942         (b) Any proposed electrical transmission line or electrical
 1943  power plant is exempt from this section.
 1944         (c) Any proposed addition to an existing sports facility
 1945  complex is exempt from this section if the addition meets the
 1946  following characteristics:
 1947         1. It would not operate concurrently with the scheduled
 1948  hours of operation of the existing facility.
 1949         2. Its seating capacity would be no more than 75 percent of
 1950  the capacity of the existing facility.
 1951         3. The sports facility complex property is owned by a
 1952  public body before July 1, 1983.
 1953  
 1954  This exemption does not apply to any pari-mutuel facility.
 1955         (d) Any proposed addition or cumulative additions
 1956  subsequent to July 1, 1988, to an existing sports facility
 1957  complex owned by a state university is exempt if the increased
 1958  seating capacity of the complex is no more than 30 percent of
 1959  the capacity of the existing facility.
 1960         (e) Any addition of permanent seats or parking spaces for
 1961  an existing sports facility located on property owned by a
 1962  public body before July 1, 1973, is exempt from this section if
 1963  future additions do not expand existing permanent seating or
 1964  parking capacity more than 15 percent annually in excess of the
 1965  prior year’s capacity.
 1966         (f) Any increase in the seating capacity of an existing
 1967  sports facility having a permanent seating capacity of at least
 1968  50,000 spectators is exempt from this section, provided that
 1969  such an increase does not increase permanent seating capacity by
 1970  more than 5 percent per year and not to exceed a total of 10
 1971  percent in any 5-year period, and provided that the sports
 1972  facility notifies the appropriate local government within which
 1973  the facility is located of the increase at least 6 months before
 1974  the initial use of the increased seating, in order to permit the
 1975  appropriate local government to develop a traffic management
 1976  plan for the traffic generated by the increase. Any traffic
 1977  management plan shall be consistent with the local comprehensive
 1978  plan, the regional policy plan, and the state comprehensive
 1979  plan.
 1980         (g) Any expansion in the permanent seating capacity or
 1981  additional improved parking facilities of an existing sports
 1982  facility is exempt from this section, if the following
 1983  conditions exist:
 1984         1.a. The sports facility had a permanent seating capacity
 1985  on January 1, 1991, of at least 41,000 spectator seats;
 1986         b. The sum of such expansions in permanent seating capacity
 1987  does not exceed a total of 10 percent in any 5-year period and
 1988  does not exceed a cumulative total of 20 percent for any such
 1989  expansions; or
 1990         c. The increase in additional improved parking facilities
 1991  is a one-time addition and does not exceed 3,500 parking spaces
 1992  serving the sports facility; and
 1993         2. The local government having jurisdiction of the sports
 1994  facility includes in the development order or development permit
 1995  approving such expansion under this paragraph a finding of fact
 1996  that the proposed expansion is consistent with the
 1997  transportation, water, sewer and stormwater drainage provisions
 1998  of the approved local comprehensive plan and local land
 1999  development regulations relating to those provisions.
 2000  
 2001  Any owner or developer who intends to rely on this statutory
 2002  exemption shall provide to the department a copy of the local
 2003  government application for a development permit. Within 45 days
 2004  after receipt of the application, the department shall render to
 2005  the local government an advisory and nonbinding opinion, in
 2006  writing, stating whether, in the department’s opinion, the
 2007  prescribed conditions exist for an exemption under this
 2008  paragraph. The local government shall render the development
 2009  order approving each such expansion to the department. The
 2010  owner, developer, or department may appeal the local government
 2011  development order pursuant to s. 380.07, within 45 days after
 2012  the order is rendered. The scope of review shall be limited to
 2013  the determination of whether the conditions prescribed in this
 2014  paragraph exist. If any sports facility expansion undergoes
 2015  development-of-regional-impact review, all previous expansions
 2016  which were exempt under this paragraph shall be included in the
 2017  development-of-regional-impact review.
 2018         (h) Expansion to port harbors, spoil disposal sites,
 2019  navigation channels, turning basins, harbor berths, and other
 2020  related inwater harbor facilities of ports listed in s.
 2021  403.021(9)(b), port transportation facilities and projects
 2022  listed in s. 311.07(3)(b), and intermodal transportation
 2023  facilities identified pursuant to s. 311.09(3) are exempt from
 2024  this section when such expansions, projects, or facilities are
 2025  consistent with comprehensive master plans that are in
 2026  compliance with s. 163.3178.
 2027         (i) Any proposed facility for the storage of any petroleum
 2028  product or any expansion of an existing facility is exempt from
 2029  this section.
 2030         (j) Any renovation or redevelopment within the same land
 2031  parcel which does not change land use or increase density or
 2032  intensity of use.
 2033         (k) Waterport and marina development, including dry storage
 2034  facilities, are exempt from this section.
 2035         (l) Any proposed development within an urban service
 2036  boundary established under s. 163.3177(14), Florida Statutes
 2037  (2010), which is not otherwise exempt pursuant to subsection
 2038  (29), is exempt from this section if the local government having
 2039  jurisdiction over the area where the development is proposed has
 2040  adopted the urban service boundary and has entered into a
 2041  binding agreement with jurisdictions that would be impacted and
 2042  with the Department of Transportation regarding the mitigation
 2043  of impacts on state and regional transportation facilities.
 2044         (m) Any proposed development within a rural land
 2045  stewardship area created under s. 163.3248.
 2046         (n) The establishment, relocation, or expansion of any
 2047  military installation as defined in s. 163.3175, is exempt from
 2048  this section.
 2049         (o) Any self-storage warehousing that does not allow retail
 2050  or other services is exempt from this section.
 2051         (p) Any proposed nursing home or assisted living facility
 2052  is exempt from this section.
 2053         (q) Any development identified in an airport master plan
 2054  and adopted into the comprehensive plan pursuant to s.
 2055  163.3177(6)(b)4. is exempt from this section.
 2056         (r) Any development identified in a campus master plan and
 2057  adopted pursuant to s. 1013.30 is exempt from this section.
 2058         (s) Any development in a detailed specific area plan which
 2059  is prepared and adopted pursuant to s. 163.3245 is exempt from
 2060  this section.
 2061         (t) Any proposed solid mineral mine and any proposed
 2062  addition to, expansion of, or change to an existing solid
 2063  mineral mine is exempt from this section. A mine owner will
 2064  enter into a binding agreement with the Department of
 2065  Transportation to mitigate impacts to strategic intermodal
 2066  system facilities pursuant to the transportation thresholds in
 2067  subsection (19) or rule 9J-2.045(6), Florida Administrative
 2068  Code. Proposed changes to any previously approved solid mineral
 2069  mine development-of-regional-impact development orders having
 2070  vested rights are is not subject to further review or approval
 2071  as a development-of-regional-impact or notice-of-proposed-change
 2072  review or approval pursuant to subsection (19), except for those
 2073  applications pending as of July 1, 2011, which shall be governed
 2074  by s. 380.115(2). Notwithstanding the foregoing, however,
 2075  pursuant to s. 380.115(1), previously approved solid mineral
 2076  mine development-of-regional-impact development orders shall
 2077  continue to enjoy vested rights and continue to be effective
 2078  unless rescinded by the developer. All local government
 2079  regulations of proposed solid mineral mines shall be applicable
 2080  to any new solid mineral mine or to any proposed addition to,
 2081  expansion of, or change to an existing solid mineral mine.
 2082         (u) Notwithstanding any provisions in an agreement with or
 2083  among a local government, regional agency, or the state land
 2084  planning agency or in a local government’s comprehensive plan to
 2085  the contrary, a project no longer subject to development-of
 2086  regional-impact review under revised thresholds is not required
 2087  to undergo such review.
 2088         (v) Any development within a county with a research and
 2089  education authority created by special act and that is also
 2090  within a research and development park that is operated or
 2091  managed by a research and development authority pursuant to part
 2092  V of chapter 159 is exempt from this section.
 2093         (w) Any development in an energy economic zone designated
 2094  pursuant to s. 377.809 is exempt from this section upon approval
 2095  by its local governing body.
 2096         (x) Any proposed development that is located in a local
 2097  government jurisdiction that does not qualify for an exemption
 2098  based on the population and density criteria in paragraph
 2099  (29)(a), that is approved as a comprehensive plan amendment
 2100  adopted pursuant to s. 163.3184(4), and that is the subject of
 2101  an agreement pursuant to s. 288.106(5) is exempt from this
 2102  section. This exemption shall only be effective upon a written
 2103  agreement executed by the applicant, the local government, and
 2104  the state land planning agency. The state land planning agency
 2105  shall only be a party to the agreement upon a determination that
 2106  the development is the subject of an agreement pursuant to s.
 2107  288.106(5) and that the local government has the capacity to
 2108  adequately assess the impacts of the proposed development. The
 2109  local government shall only be a party to the agreement upon
 2110  approval by the governing body of the local government and upon
 2111  providing at least 21 days’ notice to adjacent local governments
 2112  that includes, at a minimum, information regarding the location,
 2113  density and intensity of use, and timing of the proposed
 2114  development. This exemption does not apply to areas within the
 2115  boundary of any area of critical state concern designated
 2116  pursuant to s. 380.05, within the boundary of the Wekiva Study
 2117  Area as described in s. 369.316, or within 2 miles of the
 2118  boundary of the Everglades Protection Area as defined in s.
 2119  373.4592(2).
 2120  
 2121  If a use is exempt from review as a development of regional
 2122  impact under paragraphs (a)-(u), but will be part of a larger
 2123  project that is subject to review as a development of regional
 2124  impact, the impact of the exempt use must be included in the
 2125  review of the larger project, unless such exempt use involves a
 2126  development of regional impact that includes a landowner,
 2127  tenant, or user that has entered into a funding agreement with
 2128  the Department of Economic Opportunity under the Innovation
 2129  Incentive Program and the agreement contemplates a state award
 2130  of at least $50 million.
 2131         (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
 2132         (a)Any approval of an authorized developer for may submit
 2133  an areawide development of regional impact remains valid unless
 2134  it expired on or before the effective date of this act. to be
 2135  reviewed pursuant to the procedures and standards set forth in
 2136  this section. The areawide development-of-regional-impact review
 2137  shall include an areawide development plan in addition to any
 2138  other information required under this section. After review and
 2139  approval of an areawide development of regional impact under
 2140  this section, all development within the defined planning area
 2141  shall conform to the approved areawide development plan and
 2142  development order. Individual developments that conform to the
 2143  approved areawide development plan shall not be required to
 2144  undergo further development-of-regional-impact review, unless
 2145  otherwise provided in the development order. As used in this
 2146  subsection, the term:
 2147         1. “Areawide development plan” means a plan of development
 2148  that, at a minimum:
 2149         a. Encompasses a defined planning area approved pursuant to
 2150  this subsection that will include at least two or more
 2151  developments;
 2152         b. Maps and defines the land uses proposed, including the
 2153  amount of development by use and development phasing;
 2154         c. Integrates a capital improvements program for
 2155  transportation and other public facilities to ensure development
 2156  staging contingent on availability of facilities and services;
 2157         d. Incorporates land development regulation, covenants, and
 2158  other restrictions adequate to protect resources and facilities
 2159  of regional and state significance; and
 2160         e. Specifies responsibilities and identifies the mechanisms
 2161  for carrying out all commitments in the areawide development
 2162  plan and for compliance with all conditions of any areawide
 2163  development order.
 2164         2. “Developer” means any person or association of persons,
 2165  including a governmental agency as defined in s. 380.031(6),
 2166  that petitions for authorization to file an application for
 2167  development approval for an areawide development plan.
 2168         (b) A developer may petition for authorization to submit a
 2169  proposed areawide development of regional impact for a defined
 2170  planning area in accordance with the following requirements:
 2171         1. A petition shall be submitted to the local government,
 2172  the regional planning agency, and the state land planning
 2173  agency.
 2174         2. A public hearing or joint public hearing shall be held
 2175  if required by paragraph (e), with appropriate notice, before
 2176  the affected local government.
 2177         3. The state land planning agency shall apply the following
 2178  criteria for evaluating a petition:
 2179         a. Whether the developer is financially capable of
 2180  processing the application for development approval through
 2181  final approval pursuant to this section.
 2182         b. Whether the defined planning area and anticipated
 2183  development therein appear to be of a character, magnitude, and
 2184  location that a proposed areawide development plan would be in
 2185  the public interest. Any public interest determination under
 2186  this criterion is preliminary and not binding on the state land
 2187  planning agency, regional planning agency, or local government.
 2188         4. The state land planning agency shall develop and make
 2189  available standard forms for petitions and applications for
 2190  development approval for use under this subsection.
 2191         (c) Any person may submit a petition to a local government
 2192  having jurisdiction over an area to be developed, requesting
 2193  that government to approve that person as a developer, whether
 2194  or not any or all development will be undertaken by that person,
 2195  and to approve the area as appropriate for an areawide
 2196  development of regional impact.
 2197         (d) A general purpose local government with jurisdiction
 2198  over an area to be considered in an areawide development of
 2199  regional impact shall not have to petition itself for
 2200  authorization to prepare and consider an application for
 2201  development approval for an areawide development plan. However,
 2202  such a local government shall initiate the preparation of an
 2203  application only:
 2204         1. After scheduling and conducting a public hearing as
 2205  specified in paragraph (e); and
 2206         2. After conducting such hearing, finding that the planning
 2207  area meets the standards and criteria pursuant to subparagraph
 2208  (b)3. for determining that an areawide development plan will be
 2209  in the public interest.
 2210         (e) The local government shall schedule a public hearing
 2211  within 60 days after receipt of the petition. The public hearing
 2212  shall be advertised at least 30 days prior to the hearing. In
 2213  addition to the public hearing notice by the local government,
 2214  the petitioner, except when the petitioner is a local
 2215  government, shall provide actual notice to each person owning
 2216  land within the proposed areawide development plan at least 30
 2217  days prior to the hearing. If the petitioner is a local
 2218  government, or local governments pursuant to an interlocal
 2219  agreement, notice of the public hearing shall be provided by the
 2220  publication of an advertisement in a newspaper of general
 2221  circulation that meets the requirements of this paragraph. The
 2222  advertisement must be no less than one-quarter page in a
 2223  standard size or tabloid size newspaper, and the headline in the
 2224  advertisement must be in type no smaller than 18 point. The
 2225  advertisement shall not be published in that portion of the
 2226  newspaper where legal notices and classified advertisements
 2227  appear. The advertisement must be published in a newspaper of
 2228  general paid circulation in the county and of general interest
 2229  and readership in the community, not one of limited subject
 2230  matter, pursuant to chapter 50. Whenever possible, the
 2231  advertisement must appear in a newspaper that is published at
 2232  least 5 days a week, unless the only newspaper in the community
 2233  is published less than 5 days a week. The advertisement must be
 2234  in substantially the form used to advertise amendments to
 2235  comprehensive plans pursuant to s. 163.3184. The local
 2236  government shall specifically notify in writing the regional
 2237  planning agency and the state land planning agency at least 30
 2238  days prior to the public hearing. At the public hearing, all
 2239  interested parties may testify and submit evidence regarding the
 2240  petitioner’s qualifications, the need for and benefits of an
 2241  areawide development of regional impact, and such other issues
 2242  relevant to a full consideration of the petition. If more than
 2243  one local government has jurisdiction over the defined planning
 2244  area in an areawide development plan, the local governments
 2245  shall hold a joint public hearing. Such hearing shall address,
 2246  at a minimum, the need to resolve conflicting ordinances or
 2247  comprehensive plans, if any. The local government holding the
 2248  joint hearing shall comply with the following additional
 2249  requirements:
 2250         1. The notice of the hearing shall be published at least 60
 2251  days in advance of the hearing and shall specify where the
 2252  petition may be reviewed.
 2253         2. The notice shall be given to the state land planning
 2254  agency, to the applicable regional planning agency, and to such
 2255  other persons as may have been designated by the state land
 2256  planning agency as entitled to receive such notices.
 2257         3. A public hearing date shall be set by the appropriate
 2258  local government at the next scheduled meeting.
 2259         (f) Following the public hearing, the local government
 2260  shall issue a written order, appealable under s. 380.07, which
 2261  approves, approves with conditions, or denies the petition. It
 2262  shall approve the petitioner as the developer if it finds that
 2263  the petitioner and defined planning area meet the standards and
 2264  criteria, consistent with applicable law, pursuant to
 2265  subparagraph (b)3.
 2266         (g) The local government shall submit any order which
 2267  approves the petition, or approves the petition with conditions,
 2268  to the petitioner, to all owners of property within the defined
 2269  planning area, to the regional planning agency, and to the state
 2270  land planning agency within 30 days after the order becomes
 2271  effective.
 2272         (h) The petitioner, an owner of property within the defined
 2273  planning area, the appropriate regional planning agency by vote
 2274  at a regularly scheduled meeting, or the state land planning
 2275  agency may appeal the decision of the local government to the
 2276  Florida Land and Water Adjudicatory Commission by filing a
 2277  notice of appeal with the commission. The procedures established
 2278  in s. 380.07 shall be followed for such an appeal.
 2279         (i) After the time for appeal of the decision has run, an
 2280  approved developer may submit an application for development
 2281  approval for a proposed areawide development of regional impact
 2282  for land within the defined planning area, pursuant to
 2283  subsection (6). Development undertaken in conformance with an
 2284  areawide development order issued under this section shall not
 2285  require further development-of-regional-impact review.
 2286         (j) In reviewing an application for a proposed areawide
 2287  development of regional impact, the regional planning agency
 2288  shall evaluate, and the local government shall consider, the
 2289  following criteria, in addition to any other criteria set forth
 2290  in this section:
 2291         1. Whether the developer has demonstrated its legal,
 2292  financial, and administrative ability to perform any commitments
 2293  it has made in the application for a proposed areawide
 2294  development of regional impact.
 2295         2. Whether the developer has demonstrated that all property
 2296  owners within the defined planning area consent or do not object
 2297  to the proposed areawide development of regional impact.
 2298         3. Whether the area and the anticipated development are
 2299  consistent with the applicable local, regional, and state
 2300  comprehensive plans, except as provided for in paragraph (k).
 2301         (k) In addition to the requirements of subsection (14), a
 2302  development order approving, or approving with conditions, a
 2303  proposed areawide development of regional impact shall specify
 2304  the approved land uses and the amount of development approved
 2305  within each land use category in the defined planning area. The
 2306  development order shall incorporate by reference the approved
 2307  areawide development plan. The local government shall not
 2308  approve an areawide development plan that is inconsistent with
 2309  the local comprehensive plan, except that a local government may
 2310  amend its comprehensive plan pursuant to paragraph (6)(b).
 2311         (l) Any owner of property within the defined planning area
 2312  may withdraw his or her consent to the areawide development plan
 2313  at any time prior to local government approval, with or without
 2314  conditions, of the petition; and the plan, the areawide
 2315  development order, and the exemption from development-of
 2316  regional-impact review of individual projects under this section
 2317  shall not thereafter apply to the owner’s property. After the
 2318  areawide development order is issued, a landowner may withdraw
 2319  his or her consent only with the approval of the local
 2320  government.
 2321         (m) If the developer of an areawide development of regional
 2322  impact is a general purpose local government with jurisdiction
 2323  over the land area included within the areawide development
 2324  proposal and if no interest in the land within the land area is
 2325  owned, leased, or otherwise controlled by a person, corporate or
 2326  natural, for the purpose of mining or beneficiation of minerals,
 2327  then:
 2328         1. Demonstration of property owner consent or lack of
 2329  objection to an areawide development plan shall not be required;
 2330  and
 2331         2. The option to withdraw consent does not apply, and all
 2332  property and development within the areawide development
 2333  planning area shall be subject to the areawide plan and to the
 2334  development order conditions.
 2335         (n) After a development order approving an areawide
 2336  development plan is received, changes shall be subject to the
 2337  provisions of subsection (19), except that the percentages and
 2338  numerical criteria shall be double those listed in paragraph
 2339  (19)(b).
 2340         (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 2341         (a) There is hereby established a process to abandon a
 2342  development of regional impact and its associated development
 2343  orders. A development of regional impact and its associated
 2344  development orders may be proposed to be abandoned by the owner
 2345  or developer. The local government in whose jurisdiction in
 2346  which the development of regional impact is located also may
 2347  propose to abandon the development of regional impact, provided
 2348  that the local government gives individual written notice to
 2349  each development-of-regional-impact owner and developer of
 2350  record, and provided that no such owner or developer objects in
 2351  writing to the local government before prior to or at the public
 2352  hearing pertaining to abandonment of the development of regional
 2353  impact. The state land planning agency is authorized to
 2354  promulgate rules that shall include, but not be limited to,
 2355  criteria for determining whether to grant, grant with
 2356  conditions, or deny a proposal to abandon, and provisions to
 2357  ensure that the developer satisfies all applicable conditions of
 2358  the development order and adequately mitigates for the impacts
 2359  of the development. If there is no existing development within
 2360  the development of regional impact at the time of abandonment
 2361  and no development within the development of regional impact is
 2362  proposed by the owner or developer after such abandonment, an
 2363  abandonment order may shall not require the owner or developer
 2364  to contribute any land, funds, or public facilities as a
 2365  condition of such abandonment order. The local government must
 2366  file rules shall also provide a procedure for filing notice of
 2367  the abandonment pursuant to s. 28.222 with the clerk of the
 2368  circuit court for each county in which the development of
 2369  regional impact is located. Abandonment will be deemed to have
 2370  occurred upon the recording of the notice. Any decision by a
 2371  local government concerning the abandonment of a development of
 2372  regional impact is shall be subject to an appeal pursuant to s.
 2373  380.07. The issues in any such appeal must shall be confined to
 2374  whether the provisions of this subsection or any rules
 2375  promulgated thereunder have been satisfied.
 2376         (b) If requested by the owner, developer, or local
 2377  government, the development-of-regional-impact development order
 2378  must be abandoned by the local government having jurisdiction
 2379  upon a showing that all required mitigation related to the
 2380  amount of development which existed on the date of abandonment
 2381  has been completed or will be completed under an existing permit
 2382  or equivalent authorization issued by a governmental agency as
 2383  defined in s. 380.031(6), provided such permit or authorization
 2384  is subject to enforcement through administrative or judicial
 2385  remedies Upon receipt of written confirmation from the state
 2386  land planning agency that any required mitigation applicable to
 2387  completed development has occurred, an industrial development of
 2388  regional impact located within the coastal high-hazard area of a
 2389  rural area of opportunity which was approved before the adoption
 2390  of the local government’s comprehensive plan required under s.
 2391  163.3167 and which plan’s future land use map and zoning
 2392  designates the land use for the development of regional impact
 2393  as commercial may be unilaterally abandoned without the need to
 2394  proceed through the process described in paragraph (a) if the
 2395  developer or owner provides a notice of abandonment to the local
 2396  government and records such notice with the applicable clerk of
 2397  court. Abandonment shall be deemed to have occurred upon the
 2398  recording of the notice. All development following abandonment
 2399  must shall be fully consistent with the current comprehensive
 2400  plan and applicable zoning.
 2401         (c)A development order for abandonment of an approved
 2402  development of regional impact may be amended by a local
 2403  government pursuant to subsection (7), provided that the
 2404  amendment does not reduce any mitigation previously required as
 2405  a condition of abandonment, unless the developer demonstrates
 2406  that changes to the development no longer will result in impacts
 2407  that necessitated the mitigation.
 2408         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
 2409  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
 2410  or her rights, responsibilities, and obligations under a
 2411  development order and the development order does not clearly
 2412  define his or her rights, responsibilities, and obligations, the
 2413  developer or owner may request participation in resolving the
 2414  dispute through the dispute resolution process outlined in s.
 2415  186.509. The Department of Economic Opportunity shall be
 2416  notified by certified mail of any meeting held under the process
 2417  provided for by this subsection at least 5 days before the
 2418  meeting.
 2419         (28) PARTIAL STATUTORY EXEMPTIONS.—
 2420         (a) If the binding agreement referenced under paragraph
 2421  (24)(l) for urban service boundaries is not entered into within
 2422  12 months after establishment of the urban service boundary, the
 2423  development-of-regional-impact review for projects within the
 2424  urban service boundary must address transportation impacts only.
 2425         (b) If the binding agreement referenced under paragraph
 2426  (24)(m) for rural land stewardship areas is not entered into
 2427  within 12 months after the designation of a rural land
 2428  stewardship area, the development-of-regional-impact review for
 2429  projects within the rural land stewardship area must address
 2430  transportation impacts only.
 2431         (c) If the binding agreement for designated urban infill
 2432  and redevelopment areas is not entered into within 12 months
 2433  after the designation of the area or July 1, 2007, whichever
 2434  occurs later, the development-of-regional-impact review for
 2435  projects within the urban infill and redevelopment area must
 2436  address transportation impacts only.
 2437         (d) A local government that does not wish to enter into a
 2438  binding agreement or that is unable to agree on the terms of the
 2439  agreement referenced under paragraph (24)(l) or paragraph
 2440  (24)(m) shall provide written notification to the state land
 2441  planning agency of the decision to not enter into a binding
 2442  agreement or the failure to enter into a binding agreement
 2443  within the 12-month period referenced in paragraphs (a), (b) and
 2444  (c). Following the notification of the state land planning
 2445  agency, development-of-regional-impact review for projects
 2446  within an urban service boundary under paragraph (24)(l), or a
 2447  rural land stewardship area under paragraph (24)(m), must
 2448  address transportation impacts only.
 2449         (e) The vesting provision of s. 163.3167(5) relating to an
 2450  authorized development of regional impact does not apply to
 2451  those projects partially exempt from the development-of
 2452  regional-impact review process under paragraphs (a)-(d).
 2453         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 2454         (a) The following are exempt from this section:
 2455         1. Any proposed development in a municipality that has an
 2456  average of at least 1,000 people per square mile of land area
 2457  and a minimum total population of at least 5,000;
 2458         2. Any proposed development within a county, including the
 2459  municipalities located in the county, that has an average of at
 2460  least 1,000 people per square mile of land area and is located
 2461  within an urban service area as defined in s. 163.3164 which has
 2462  been adopted into the comprehensive plan;
 2463         3. Any proposed development within a county, including the
 2464  municipalities located therein, which has a population of at
 2465  least 900,000, that has an average of at least 1,000 people per
 2466  square mile of land area, but which does not have an urban
 2467  service area designated in the comprehensive plan; or
 2468         4. Any proposed development within a county, including the
 2469  municipalities located therein, which has a population of at
 2470  least 1 million and is located within an urban service area as
 2471  defined in s. 163.3164 which has been adopted into the
 2472  comprehensive plan.
 2473  
 2474  The Office of Economic and Demographic Research within the
 2475  Legislature shall annually calculate the population and density
 2476  criteria needed to determine which jurisdictions meet the
 2477  density criteria in subparagraphs 1.-4. by using the most recent
 2478  land area data from the decennial census conducted by the Bureau
 2479  of the Census of the United States Department of Commerce and
 2480  the latest available population estimates determined pursuant to
 2481  s. 186.901. If any local government has had an annexation,
 2482  contraction, or new incorporation, the Office of Economic and
 2483  Demographic Research shall determine the population density
 2484  using the new jurisdictional boundaries as recorded in
 2485  accordance with s. 171.091. The Office of Economic and
 2486  Demographic Research shall annually submit to the state land
 2487  planning agency by July 1 a list of jurisdictions that meet the
 2488  total population and density criteria. The state land planning
 2489  agency shall publish the list of jurisdictions on its Internet
 2490  website within 7 days after the list is received. The
 2491  designation of jurisdictions that meet the criteria of
 2492  subparagraphs 1.-4. is effective upon publication on the state
 2493  land planning agency’s Internet website. If a municipality that
 2494  has previously met the criteria no longer meets the criteria,
 2495  the state land planning agency shall maintain the municipality
 2496  on the list and indicate the year the jurisdiction last met the
 2497  criteria. However, any proposed development of regional impact
 2498  not within the established boundaries of a municipality at the
 2499  time the municipality last met the criteria must meet the
 2500  requirements of this section until such time as the municipality
 2501  as a whole meets the criteria. Any county that meets the
 2502  criteria shall remain on the list in accordance with the
 2503  provisions of this paragraph. Any jurisdiction that was placed
 2504  on the dense urban land area list before June 2, 2011, shall
 2505  remain on the list in accordance with the provisions of this
 2506  paragraph.
 2507         (b) If a municipality that does not qualify as a dense
 2508  urban land area pursuant to paragraph (a) designates any of the
 2509  following areas in its comprehensive plan, any proposed
 2510  development within the designated area is exempt from the
 2511  development-of-regional-impact process:
 2512         1. Urban infill as defined in s. 163.3164;
 2513         2. Community redevelopment areas as defined in s. 163.340;
 2514         3. Downtown revitalization areas as defined in s. 163.3164;
 2515         4. Urban infill and redevelopment under s. 163.2517; or
 2516         5. Urban service areas as defined in s. 163.3164 or areas
 2517  within a designated urban service boundary under s.
 2518  163.3177(14), Florida Statutes (2010).
 2519         (c) If a county that does not qualify as a dense urban land
 2520  area designates any of the following areas in its comprehensive
 2521  plan, any proposed development within the designated area is
 2522  exempt from the development-of-regional-impact process:
 2523         1. Urban infill as defined in s. 163.3164;
 2524         2. Urban infill and redevelopment under s. 163.2517; or
 2525         3. Urban service areas as defined in s. 163.3164.
 2526         (d) A development that is located partially outside an area
 2527  that is exempt from the development-of-regional-impact program
 2528  must undergo development-of-regional-impact review pursuant to
 2529  this section. However, if the total acreage that is included
 2530  within the area exempt from development-of-regional-impact
 2531  review exceeds 85 percent of the total acreage and square
 2532  footage of the approved development of regional impact, the
 2533  development-of-regional-impact development order may be
 2534  rescinded in both local governments pursuant to s. 380.115(1),
 2535  unless the portion of the development outside the exempt area
 2536  meets the threshold criteria of a development-of-regional
 2537  impact.
 2538         (e) In an area that is exempt under paragraphs (a)-(c), any
 2539  previously approved development-of-regional-impact development
 2540  orders shall continue to be effective, but the developer has the
 2541  option to be governed by s. 380.115(1). A pending application
 2542  for development approval shall be governed by s. 380.115(2).
 2543         (f) Local governments must submit by mail a development
 2544  order to the state land planning agency for projects that would
 2545  be larger than 120 percent of any applicable development-of
 2546  regional-impact threshold and would require development-of
 2547  regional-impact review but for the exemption from the program
 2548  under paragraphs (a)-(c). For such development orders, the state
 2549  land planning agency may appeal the development order pursuant
 2550  to s. 380.07 for inconsistency with the comprehensive plan
 2551  adopted under chapter 163.
 2552         (g) If a local government that qualifies as a dense urban
 2553  land area under this subsection is subsequently found to be
 2554  ineligible for designation as a dense urban land area, any
 2555  development located within that area which has a complete,
 2556  pending application for authorization to commence development
 2557  may maintain the exemption if the developer is continuing the
 2558  application process in good faith or the development is
 2559  approved.
 2560         (h) This subsection does not limit or modify the rights of
 2561  any person to complete any development that has been authorized
 2562  as a development of regional impact pursuant to this chapter.
 2563         (i) This subsection does not apply to areas:
 2564         1. Within the boundary of any area of critical state
 2565  concern designated pursuant to s. 380.05;
 2566         2. Within the boundary of the Wekiva Study Area as
 2567  described in s. 369.316; or
 2568         3. Within 2 miles of the boundary of the Everglades
 2569  Protection Area as described in s. 373.4592(2).
 2570         (12)(30) PROPOSED DEVELOPMENTS.—A proposed development that
 2571  exceeds the statewide guidelines and standards specified in s.
 2572  380.0651 and is not otherwise exempt pursuant to s. 380.0651
 2573  must otherwise subject to the review requirements of this
 2574  section shall be approved by a local government pursuant to s.
 2575  163.3184(4) in lieu of proceeding in accordance with this
 2576  section. However, if the proposed development is consistent with
 2577  the comprehensive plan as provided in s. 163.3194(3)(b), the
 2578  development is not required to undergo review pursuant to s.
 2579  163.3184(4) or this section. This subsection does not apply to
 2580  amendments to a development order governing an existing
 2581  development of regional impact.
 2582         Section 3. Section 380.061, Florida Statutes, is amended to
 2583  read:
 2584         380.061 The Florida Quality Developments program.—
 2585         (1) This section only applies to developments approved as
 2586  Florida Quality Developments before the effective date of this
 2587  act There is hereby created the Florida Quality Developments
 2588  program. The intent of this program is to encourage development
 2589  which has been thoughtfully planned to take into consideration
 2590  protection of Florida’s natural amenities, the cost to local
 2591  government of providing services to a growing community, and the
 2592  high quality of life Floridians desire. It is further intended
 2593  that the developer be provided, through a cooperative and
 2594  coordinated effort, an expeditious and timely review by all
 2595  agencies with jurisdiction over the project of his or her
 2596  proposed development.
 2597         (2) Following written notification to the state land
 2598  planning agency and the appropriate regional planning agency, a
 2599  local government with an approved Florida Quality Development
 2600  within its jurisdiction must set a public hearing pursuant to
 2601  its local procedures and shall adopt a local development order
 2602  to replace and supersede the development order adopted by the
 2603  state land planning agency for the Florida Quality Development.
 2604  Thereafter, the Florida Quality Development shall follow the
 2605  procedures and requirements for developments of regional impact
 2606  as specified in this chapter Developments that may be designated
 2607  as Florida Quality Developments are those developments which are
 2608  above 80 percent of any numerical thresholds in the guidelines
 2609  and standards for development-of-regional-impact review pursuant
 2610  to s. 380.06.
 2611         (3)(a) To be eligible for designation under this program,
 2612  the developer shall comply with each of the following
 2613  requirements if applicable to the site of a qualified
 2614  development:
 2615         1. Donate or enter into a binding commitment to donate the
 2616  fee or a lesser interest sufficient to protect, in perpetuity,
 2617  the natural attributes of the types of land listed below. In
 2618  lieu of this requirement, the developer may enter into a binding
 2619  commitment that runs with the land to set aside such areas on
 2620  the property, in perpetuity, as open space to be retained in a
 2621  natural condition or as otherwise permitted under this
 2622  subparagraph. Under the requirements of this subparagraph, the
 2623  developer may reserve the right to use such areas for passive
 2624  recreation that is consistent with the purposes for which the
 2625  land was preserved.
 2626         a. Those wetlands and water bodies throughout the state
 2627  which would be delineated if the provisions of s. 373.4145(1)(b)
 2628  were applied. The developer may use such areas for the purpose
 2629  of site access, provided other routes of access are unavailable
 2630  or impracticable; may use such areas for the purpose of
 2631  stormwater or domestic sewage management and other necessary
 2632  utilities if such uses are permitted pursuant to chapter 403; or
 2633  may redesign or alter wetlands and water bodies within the
 2634  jurisdiction of the Department of Environmental Protection which
 2635  have been artificially created if the redesign or alteration is
 2636  done so as to produce a more naturally functioning system.
 2637         b. Active beach or primary and, where appropriate,
 2638  secondary dunes, to maintain the integrity of the dune system
 2639  and adequate public accessways to the beach. However, the
 2640  developer may retain the right to construct and maintain
 2641  elevated walkways over the dunes to provide access to the beach.
 2642         c. Known archaeological sites determined to be of
 2643  significance by the Division of Historical Resources of the
 2644  Department of State.
 2645         d. Areas known to be important to animal species designated
 2646  as endangered or threatened by the United States Fish and
 2647  Wildlife Service or by the Fish and Wildlife Conservation
 2648  Commission, for reproduction, feeding, or nesting; for traveling
 2649  between such areas used for reproduction, feeding, or nesting;
 2650  or for escape from predation.
 2651         e. Areas known to contain plant species designated as
 2652  endangered by the Department of Agriculture and Consumer
 2653  Services.
 2654         2. Produce, or dispose of, no substances designated as
 2655  hazardous or toxic substances by the United States Environmental
 2656  Protection Agency, the Department of Environmental Protection,
 2657  or the Department of Agriculture and Consumer Services. This
 2658  subparagraph does not apply to the production of these
 2659  substances in nonsignificant amounts as would occur through
 2660  household use or incidental use by businesses.
 2661         3. Participate in a downtown reuse or redevelopment program
 2662  to improve and rehabilitate a declining downtown area.
 2663         4. Incorporate no dredge and fill activities in, and no
 2664  stormwater discharge into, waters designated as Class II,
 2665  aquatic preserves, or Outstanding Florida Waters, except as
 2666  permitted pursuant to s. 403.813(1), and the developer
 2667  demonstrates that those activities meet the standards under
 2668  Class II waters, Outstanding Florida Waters, or aquatic
 2669  preserves, as applicable.
 2670         5. Include open space, recreation areas, Florida-friendly
 2671  landscaping as defined in s. 373.185, and energy conservation
 2672  and minimize impermeable surfaces as appropriate to the location
 2673  and type of project.
 2674         6. Provide for construction and maintenance of all onsite
 2675  infrastructure necessary to support the project and enter into a
 2676  binding commitment with local government to provide an
 2677  appropriate fair-share contribution toward the offsite impacts
 2678  that the development will impose on publicly funded facilities
 2679  and services, except offsite transportation, and condition or
 2680  phase the commencement of development to ensure that public
 2681  facilities and services, except offsite transportation, are
 2682  available concurrent with the impacts of the development. For
 2683  the purposes of offsite transportation impacts, the developer
 2684  shall comply, at a minimum, with the standards of the state land
 2685  planning agency’s development-of-regional-impact transportation
 2686  rule, the approved strategic regional policy plan, any
 2687  applicable regional planning council transportation rule, and
 2688  the approved local government comprehensive plan and land
 2689  development regulations adopted pursuant to part II of chapter
 2690  163.
 2691         7. Design and construct the development in a manner that is
 2692  consistent with the adopted state plan, the applicable strategic
 2693  regional policy plan, and the applicable adopted local
 2694  government comprehensive plan.
 2695         (b) In addition to the foregoing requirements, the
 2696  developer shall plan and design his or her development in a
 2697  manner which includes the needs of the people in this state as
 2698  identified in the state comprehensive plan and the quality of
 2699  life of the people who will live and work in or near the
 2700  development. The developer is encouraged to plan and design his
 2701  or her development in an innovative manner. These planning and
 2702  design features may include, but are not limited to, such things
 2703  as affordable housing, care for the elderly, urban renewal or
 2704  redevelopment, mass transit, the protection and preservation of
 2705  wetlands outside the jurisdiction of the Department of
 2706  Environmental Protection or of uplands as wildlife habitat,
 2707  provision for the recycling of solid waste, provision for onsite
 2708  child care, enhancement of emergency management capabilities,
 2709  the preservation of areas known to be primary habitat for
 2710  significant populations of species of special concern designated
 2711  by the Fish and Wildlife Conservation Commission, or community
 2712  economic development. These additional amenities will be
 2713  considered in determining whether the development qualifies for
 2714  designation under this program.
 2715         (4) The department shall adopt an application for
 2716  development designation consistent with the intent of this
 2717  section.
 2718         (5)(a) Before filing an application for development
 2719  designation, the developer shall contact the Department of
 2720  Economic Opportunity to arrange one or more preapplication
 2721  conferences with the other reviewing entities. Upon the request
 2722  of the developer or any of the reviewing entities, other
 2723  affected state or regional agencies shall participate in this
 2724  conference. The department, in coordination with the local
 2725  government with jurisdiction and the regional planning council,
 2726  shall provide the developer information about the Florida
 2727  Quality Developments designation process and the use of
 2728  preapplication conferences to identify issues, coordinate
 2729  appropriate state, regional, and local agency requirements,
 2730  fully address any concerns of the local government, the regional
 2731  planning council, and other reviewing agencies and the meeting
 2732  of those concerns, if applicable, through development order
 2733  conditions, and otherwise promote a proper, efficient, and
 2734  timely review of the proposed Florida Quality Development. The
 2735  department shall take the lead in coordinating the review
 2736  process.
 2737         (b) The developer shall submit the application to the state
 2738  land planning agency, the appropriate regional planning agency,
 2739  and the appropriate local government for review. The review
 2740  shall be conducted under the time limits and procedures set
 2741  forth in s. 120.60, except that the 90-day time limit shall
 2742  cease to run when the state land planning agency and the local
 2743  government have notified the applicant of their decision on
 2744  whether the development should be designated under this program.
 2745         (c) At any time prior to the issuance of the Florida
 2746  Quality Development development order, the developer of a
 2747  proposed Florida Quality Development shall have the right to
 2748  withdraw the proposed project from consideration as a Florida
 2749  Quality Development. The developer may elect to convert the
 2750  proposed project to a proposed development of regional impact.
 2751  The conversion shall be in the form of a letter to the reviewing
 2752  entities stating the developer’s intent to seek authorization
 2753  for the development as a development of regional impact under s.
 2754  380.06. If a proposed Florida Quality Development converts to a
 2755  development of regional impact, the developer shall resubmit the
 2756  appropriate application and the development shall be subject to
 2757  all applicable procedures under s. 380.06, except that:
 2758         1. A preapplication conference held under paragraph (a)
 2759  satisfies the preapplication procedures requirement under s.
 2760  380.06(7); and
 2761         2. If requested in the withdrawal letter, a finding of
 2762  completeness of the application under paragraph (a) and s.
 2763  120.60 may be converted to a finding of sufficiency by the
 2764  regional planning council if such a conversion is approved by
 2765  the regional planning council.
 2766  
 2767  The regional planning council shall have 30 days to notify the
 2768  developer if the request for conversion of completeness to
 2769  sufficiency is granted or denied. If granted and the application
 2770  is found sufficient, the regional planning council shall notify
 2771  the local government that a public hearing date may be set to
 2772  consider the development for approval as a development of
 2773  regional impact, and the development shall be subject to all
 2774  applicable rules, standards, and procedures of s. 380.06. If the
 2775  request for conversion of completeness to sufficiency is denied,
 2776  the developer shall resubmit the appropriate application for
 2777  review and the development shall be subject to all applicable
 2778  procedures under s. 380.06, except as otherwise provided in this
 2779  paragraph.
 2780         (d) If the local government and state land planning agency
 2781  agree that the project should be designated under this program,
 2782  the state land planning agency shall issue a development order
 2783  which incorporates the plan of development as set out in the
 2784  application along with any agreed-upon modifications and
 2785  conditions, based on recommendations by the local government and
 2786  regional planning council, and a certification that the
 2787  development is designated as one of Florida’s Quality
 2788  Developments. In the event of conflicting recommendations, the
 2789  state land planning agency, after consultation with the local
 2790  government and the regional planning agency, shall resolve such
 2791  conflicts in the development order. Upon designation, the
 2792  development, as approved, is exempt from development-of
 2793  regional-impact review pursuant to s. 380.06.
 2794         (e) If the local government or state land planning agency,
 2795  or both, recommends against designation, the development shall
 2796  undergo development-of-regional-impact review pursuant to s.
 2797  380.06, except as provided in subsection (6) of this section.
 2798         (6)(a) In the event that the development is not designated
 2799  under subsection (5), the developer may appeal that
 2800  determination to the Quality Developments Review Board. The
 2801  board shall consist of the secretary of the state land planning
 2802  agency, the Secretary of Environmental Protection and a member
 2803  designated by the secretary, the Secretary of Transportation,
 2804  the executive director of the Fish and Wildlife Conservation
 2805  Commission, the executive director of the appropriate water
 2806  management district created pursuant to chapter 373, and the
 2807  chief executive officer of the appropriate local government.
 2808  When there is a significant historical or archaeological site
 2809  within the boundaries of a development which is appealed to the
 2810  board, the director of the Division of Historical Resources of
 2811  the Department of State shall also sit on the board. The staff
 2812  of the state land planning agency shall serve as staff to the
 2813  board.
 2814         (b) The board shall meet once each quarter of the year.
 2815  However, a meeting may be waived if no appeals are pending.
 2816         (c) On appeal, the sole issue shall be whether the
 2817  development meets the statutory criteria for designation under
 2818  this program. An affirmative vote of at least five members of
 2819  the board, including the affirmative vote of the chief executive
 2820  officer of the appropriate local government, shall be necessary
 2821  to designate the development by the board.
 2822         (d) The state land planning agency shall adopt procedural
 2823  rules for consideration of appeals under this subsection.
 2824         (7)(a) The development order issued pursuant to this
 2825  section is enforceable in the same manner as a development order
 2826  issued pursuant to s. 380.06.
 2827         (b) Appeal of a development order issued pursuant to this
 2828  section shall be available only pursuant to s. 380.07.
 2829         (8)(a) Any local government comprehensive plan amendments
 2830  related to a Florida Quality Development may be initiated by a
 2831  local planning agency and considered by the local governing body
 2832  at the same time as the application for development approval.
 2833  Nothing in this subsection shall be construed to require
 2834  favorable consideration of a Florida Quality Development solely
 2835  because it is related to a development of regional impact.
 2836         (b) The department shall adopt, by rule, standards and
 2837  procedures necessary to implement the Florida Quality
 2838  Developments program. The rules must include, but need not be
 2839  limited to, provisions governing annual reports and criteria for
 2840  determining whether a proposed change to an approved Florida
 2841  Quality Development is a substantial change requiring further
 2842  review.
 2843         Section 4. Section 380.0651, Florida Statutes, is amended
 2844  to read:
 2845         380.0651 Statewide guidelines, and standards, and
 2846  exemptions.—
 2847         (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
 2848  guidelines and standards for developments required to undergo
 2849  development-of-regional-impact review provided in this section
 2850  supersede the statewide guidelines and standards previously
 2851  adopted by the Administration Commission that address the same
 2852  development. Other standards and guidelines previously adopted
 2853  by the Administration Commission, including the residential
 2854  standards and guidelines, shall not be superseded. The
 2855  guidelines and standards shall be applied in the manner
 2856  described in s. 380.06(2)(a).
 2857         (2) The Administration Commission shall publish the
 2858  statewide guidelines and standards established in this section
 2859  in its administrative rule in place of the guidelines and
 2860  standards that are superseded by this act, without the
 2861  proceedings required by s. 120.54 and notwithstanding the
 2862  provisions of s. 120.545(1)(c). The Administration Commission
 2863  shall initiate rulemaking proceedings pursuant to s. 120.54 to
 2864  make all other technical revisions necessary to conform the
 2865  rules to this act. Rule amendments made pursuant to this
 2866  subsection shall not be subject to the requirement for
 2867  legislative approval pursuant to s. 380.06(2).
 2868         (3)Subject to the exemptions and partial exemptions
 2869  specified in this section, the following statewide guidelines
 2870  and standards shall be applied in the manner described in s.
 2871  380.06(2) to determine whether the following developments are
 2872  subject to the requirements of s. 380.06 shall be required to
 2873  undergo development-of-regional-impact review:
 2874         (a) Airports.—
 2875         1. Any of the following airport construction projects is
 2876  shall be a development of regional impact:
 2877         a. A new commercial service or general aviation airport
 2878  with paved runways.
 2879         b. A new commercial service or general aviation paved
 2880  runway.
 2881         c. A new passenger terminal facility.
 2882         2. Lengthening of an existing runway by 25 percent or an
 2883  increase in the number of gates by 25 percent or three gates,
 2884  whichever is greater, on a commercial service airport or a
 2885  general aviation airport with regularly scheduled flights is a
 2886  development of regional impact. However, expansion of existing
 2887  terminal facilities at a nonhub or small hub commercial service
 2888  airport is shall not be a development of regional impact.
 2889         3. Any airport development project which is proposed for
 2890  safety, repair, or maintenance reasons alone and would not have
 2891  the potential to increase or change existing types of aircraft
 2892  activity is not a development of regional impact.
 2893  Notwithstanding subparagraphs 1. and 2., renovation,
 2894  modernization, or replacement of airport airside or terminal
 2895  facilities that may include increases in square footage of such
 2896  facilities but does not increase the number of gates or change
 2897  the existing types of aircraft activity is not a development of
 2898  regional impact.
 2899         (b) Attractions and recreation facilities.—Any sports,
 2900  entertainment, amusement, or recreation facility, including, but
 2901  not limited to, a sports arena, stadium, racetrack, tourist
 2902  attraction, amusement park, or pari-mutuel facility, the
 2903  construction or expansion of which:
 2904         1. For single performance facilities:
 2905         a. Provides parking spaces for more than 2,500 cars; or
 2906         b. Provides more than 10,000 permanent seats for
 2907  spectators.
 2908         2. For serial performance facilities:
 2909         a. Provides parking spaces for more than 1,000 cars; or
 2910         b. Provides more than 4,000 permanent seats for spectators.
 2911  
 2912  For purposes of this subsection, “serial performance facilities”
 2913  means those using their parking areas or permanent seating more
 2914  than one time per day on a regular or continuous basis.
 2915         (c) Office development.—Any proposed office building or
 2916  park operated under common ownership, development plan, or
 2917  management that:
 2918         1. Encompasses 300,000 or more square feet of gross floor
 2919  area; or
 2920         2. Encompasses more than 600,000 square feet of gross floor
 2921  area in a county with a population greater than 500,000 and only
 2922  in a geographic area specifically designated as highly suitable
 2923  for increased threshold intensity in the approved local
 2924  comprehensive plan.
 2925         (d) Retail and service development.—Any proposed retail,
 2926  service, or wholesale business establishment or group of
 2927  establishments which deals primarily with the general public
 2928  onsite, operated under one common property ownership,
 2929  development plan, or management that:
 2930         1. Encompasses more than 400,000 square feet of gross area;
 2931  or
 2932         2. Provides parking spaces for more than 2,500 cars.
 2933         (e) Recreational vehicle development.—Any proposed
 2934  recreational vehicle development planned to create or
 2935  accommodate 500 or more spaces.
 2936         (f) Multiuse development.—Any proposed development with two
 2937  or more land uses where the sum of the percentages of the
 2938  appropriate thresholds identified in chapter 28-24, Florida
 2939  Administrative Code, or this section for each land use in the
 2940  development is equal to or greater than 145 percent. Any
 2941  proposed development with three or more land uses, one of which
 2942  is residential and contains at least 100 dwelling units or 15
 2943  percent of the applicable residential threshold, whichever is
 2944  greater, where the sum of the percentages of the appropriate
 2945  thresholds identified in chapter 28-24, Florida Administrative
 2946  Code, or this section for each land use in the development is
 2947  equal to or greater than 160 percent. This threshold is in
 2948  addition to, and does not preclude, a development from being
 2949  required to undergo development-of-regional-impact review under
 2950  any other threshold.
 2951         (g) Residential development.—A rule may not be adopted
 2952  concerning residential developments which treats a residential
 2953  development in one county as being located in a less populated
 2954  adjacent county unless more than 25 percent of the development
 2955  is located within 2 miles or less of the less populated adjacent
 2956  county. The residential thresholds of adjacent counties with
 2957  less population and a lower threshold may not be controlling on
 2958  any development wholly located within areas designated as rural
 2959  areas of opportunity.
 2960         (h) Workforce housing.—The applicable guidelines for
 2961  residential development and the residential component for
 2962  multiuse development shall be increased by 50 percent where the
 2963  developer demonstrates that at least 15 percent of the total
 2964  residential dwelling units authorized within the development of
 2965  regional impact will be dedicated to affordable workforce
 2966  housing, subject to a recorded land use restriction that shall
 2967  be for a period of not less than 20 years and that includes
 2968  resale provisions to ensure long-term affordability for income
 2969  eligible homeowners and renters and provisions for the workforce
 2970  housing to be commenced prior to the completion of 50 percent of
 2971  the market rate dwelling. For purposes of this paragraph, the
 2972  term “affordable workforce housing” means housing that is
 2973  affordable to a person who earns less than 120 percent of the
 2974  area median income, or less than 140 percent of the area median
 2975  income if located in a county in which the median purchase price
 2976  for a single-family existing home exceeds the statewide median
 2977  purchase price of a single-family existing home. For the
 2978  purposes of this paragraph, the term “statewide median purchase
 2979  price of a single-family existing home” means the statewide
 2980  purchase price as determined in the Florida Sales Report,
 2981  Single-Family Existing Homes, released each January by the
 2982  Florida Association of Realtors and the University of Florida
 2983  Real Estate Research Center.
 2984         (i) Schools.—
 2985         1. The proposed construction of any public, private, or
 2986  proprietary postsecondary educational campus which provides for
 2987  a design population of more than 5,000 full-time equivalent
 2988  students, or the proposed physical expansion of any public,
 2989  private, or proprietary postsecondary educational campus having
 2990  such a design population that would increase the population by
 2991  at least 20 percent of the design population.
 2992         2. As used in this paragraph, “full-time equivalent
 2993  student” means enrollment for 15 or more quarter hours during a
 2994  single academic semester. In career centers or other
 2995  institutions which do not employ semester hours or quarter hours
 2996  in accounting for student participation, enrollment for 18
 2997  contact hours shall be considered equivalent to one quarter
 2998  hour, and enrollment for 27 contact hours shall be considered
 2999  equivalent to one semester hour.
 3000         3. This paragraph does not apply to institutions which are
 3001  the subject of a campus master plan adopted by the university
 3002  board of trustees pursuant to s. 1013.30.
 3003         (2) STATUTORY EXEMPTIONS.—The following developments are
 3004  exempt from s. 380.06:
 3005         (a) Any proposed hospital.
 3006         (b) Any proposed electrical transmission line or electrical
 3007  power plant.
 3008         (c) Any proposed addition to an existing sports facility
 3009  complex if the addition meets the following characteristics:
 3010         1. It would not operate concurrently with the scheduled
 3011  hours of operation of the existing facility;
 3012         2. Its seating capacity would be no more than 75 percent of
 3013  the capacity of the existing facility; and
 3014         3. The sports facility complex property was owned by a
 3015  public body before July 1, 1983.
 3016  
 3017  This exemption does not apply to any pari-mutuel facility as
 3018  defined in s. 550.002.
 3019         (d) Any proposed addition or cumulative additions
 3020  subsequent to July 1, 1988, to an existing sports facility
 3021  complex owned by a state university, if the increased seating
 3022  capacity of the complex is no more than 30 percent of the
 3023  capacity of the existing facility.
 3024         (e) Any addition of permanent seats or parking spaces for
 3025  an existing sports facility located on property owned by a
 3026  public body before July 1, 1973, if future additions do not
 3027  expand existing permanent seating or parking capacity more than
 3028  15 percent annually in excess of the prior year’s capacity.
 3029         (f) Any increase in the seating capacity of an existing
 3030  sports facility having a permanent seating capacity of at least
 3031  50,000 spectators, provided that such an increase does not
 3032  increase permanent seating capacity by more than 5 percent per
 3033  year and does not exceed a total of 10 percent in any 5-year
 3034  period. The sports facility must notify the appropriate local
 3035  government within which the facility is located of the increase
 3036  at least 6 months before the initial use of the increased
 3037  seating in order to permit the appropriate local government to
 3038  develop a traffic management plan for the traffic generated by
 3039  the increase. Any traffic management plan must be consistent
 3040  with the local comprehensive plan, the regional policy plan, and
 3041  the state comprehensive plan.
 3042         (g) Any expansion in the permanent seating capacity or
 3043  additional improved parking facilities of an existing sports
 3044  facility, if the following conditions exist:
 3045         1.a. The sports facility had a permanent seating capacity
 3046  on January 1, 1991, of at least 41,000 spectator seats;
 3047         b. The sum of such expansions in permanent seating capacity
 3048  does not exceed a total of 10 percent in any 5-year period and
 3049  does not exceed a cumulative total of 20 percent for any such
 3050  expansions; or
 3051         c. The increase in additional improved parking facilities
 3052  is a one-time addition and does not exceed 3,500 parking spaces
 3053  serving the sports facility; and
 3054         2. The local government having jurisdiction over the sports
 3055  facility includes in the development order or development permit
 3056  approving such expansion under this paragraph a finding of fact
 3057  that the proposed expansion is consistent with the
 3058  transportation, water, sewer, and stormwater drainage provisions
 3059  of the approved local comprehensive plan and local land
 3060  development regulations relating to those provisions.
 3061  
 3062  Any owner or developer who intends to rely on this statutory
 3063  exemption shall provide to the state land planning agency a copy
 3064  of the local government application for a development permit.
 3065  Within 45 days after receipt of the application, the state land
 3066  planning agency shall render to the local government an advisory
 3067  and nonbinding opinion, in writing, stating whether, in the
 3068  state land planning agency’s opinion, the prescribed conditions
 3069  exist for an exemption under this paragraph. The local
 3070  government shall render the development order approving each
 3071  such expansion to the state land planning agency. The owner,
 3072  developer, or state land planning agency may appeal the local
 3073  government development order pursuant to s. 380.07 within 45
 3074  days after the order is rendered. The scope of review shall be
 3075  limited to the determination of whether the conditions
 3076  prescribed in this paragraph exist. If any sports facility
 3077  expansion undergoes development-of-regional-impact review, all
 3078  previous expansions that were exempt under this paragraph must
 3079  be included in the development-of-regional-impact review.
 3080         (h)Expansion to port harbors, spoil disposal sites,
 3081  navigation channels, turning basins, harbor berths, and other
 3082  related inwater harbor facilities of the ports specified in s.
 3083  403.021(9)(b), port transportation facilities and projects
 3084  listed in s. 311.07(3)(b), and intermodal transportation
 3085  facilities identified pursuant to s. 311.09(3) when such
 3086  expansions, projects, or facilities are consistent with port
 3087  master plans and are in compliance with s. 163.3178.
 3088         (i)Any proposed facility for the storage of any petroleum
 3089  product or any expansion of an existing facility.
 3090         (j)Any renovation or redevelopment within the same parcel
 3091  as the existing development if such renovation or redevelopment
 3092  does not change land use or increase density or intensity of
 3093  use.
 3094         (k)Waterport and marina development, including dry storage
 3095  facilities.
 3096         (l)Any proposed development within an urban service area
 3097  boundary established under s. 163.3177(14), Florida Statutes
 3098  2010, that is not otherwise exempt pursuant to subsection (3),if
 3099  the local government having jurisdiction over the area where the
 3100  development is proposed has adopted the urban service area
 3101  boundary and has entered into a binding agreement with
 3102  jurisdictions that would be impacted and with the Department of
 3103  Transportation regarding the mitigation of impacts on state and
 3104  regional transportation facilities.
 3105         (m)Any proposed development within a rural land
 3106  stewardship area created under s. 163.3248.
 3107         (n)The establishment, relocation, or expansion of any
 3108  military installation as specified in s. 163.3175.
 3109         (o)Any self-storage warehousing that does not allow retail
 3110  or other services.
 3111         (p)Any proposed nursing home or assisted living facility.
 3112         (q)Any development identified in an airport master plan
 3113  and adopted into the comprehensive plan pursuant to s.
 3114  163.3177(6)(b)4.
 3115         (r)Any development identified in a campus master plan and
 3116  adopted pursuant to s. 1013.30.
 3117         (s)Any development in a detailed specific area plan
 3118  prepared and adopted pursuant to s. 163.3245.
 3119         (t)Any proposed solid mineral mine and any proposed
 3120  addition to, expansion of, or change to an existing solid
 3121  mineral mine. A mine owner must, however, enter into a binding
 3122  agreement with the Department of Transportation to mitigate
 3123  impacts to strategic intermodal system facilities. Proposed
 3124  changes to any previously approved solid mineral mine
 3125  development-of-regional-impact development orders having vested
 3126  rights are not subject to further review or approval as a
 3127  development-of-regional-impact or notice-of-proposed-change
 3128  review or approval pursuant to subsection (19), except for those
 3129  applications pending as of July 1, 2011, which are governed by
 3130  s. 380.115(2). Notwithstanding this requirement, pursuant to s.
 3131  380.115(1), a previously approved solid mineral mine
 3132  development-of-regional impact development order continues to
 3133  have vested rights and continues to be effective unless
 3134  rescinded by the developer. All local government regulations of
 3135  proposed solid mineral mines are applicable to any new solid
 3136  mineral mine or to any proposed addition to, expansion of, or
 3137  change to an existing solid mineral mine.
 3138         (u)Notwithstanding any provision in an agreement with or
 3139  among a local government, regional agency, or the state land
 3140  planning agency or in a local government’s comprehensive plan to
 3141  the contrary, a project no longer subject to development-of
 3142  regional-impact review under the revised thresholds specified in
 3143  s. 380.06(2)(b) and this section.
 3144         (v)Any development within a county that has a research and
 3145  education authority created by special act and which is also
 3146  within a research and development park that is operated or
 3147  managed by a research and development authority pursuant to part
 3148  V of chapter 159.
 3149         (w)Any development in an energy economic zone designated
 3150  pursuant to s. 377.809 upon approval by its local governing
 3151  body.
 3152  
 3153  If a use is exempt from review pursuant to paragraphs (a)-(u),
 3154  but will be part of a larger project that is subject to review
 3155  pursuant to s. 380.06(12), the impact of the exempt use must be
 3156  included in the review of the larger project, unless such exempt
 3157  use involves a development that includes a landowner, tenant, or
 3158  user that has entered into a funding agreement with the state
 3159  land planning agency under the Innovation Incentive Program and
 3160  the agreement contemplates a state award of at least $50
 3161  million.
 3162         (3)EXEMPTIONS FOR DENSE URBAN LAND AREAS.
 3163         (a)The following are exempt from the requirements of s.
 3164  380.06:
 3165         1.Any proposed development in a municipality having an
 3166  average of at least 1,000 people per square mile of land area
 3167  and a minimum total population of at least 5,000;
 3168         2.Any proposed development within a county, including the
 3169  municipalities located therein, having an average of at least
 3170  1,000 people per square mile of land area and the development is
 3171  located within an urban service area as defined in s. 163.3164
 3172  which has been adopted into the comprehensive plan as defined in
 3173  s. 163.3164;
 3174         3.Any proposed development within a county, including the
 3175  municipalities located therein, having a population of at least
 3176  900,000 and an average of at least 1,000 people per square mile
 3177  of land area, but which does not have an urban service area
 3178  designated in the comprehensive plan; and
 3179         4.Any proposed development within a county, including the
 3180  municipalities located therein, having a population of at least
 3181  1 million and the development is located within an urban service
 3182  area as defined in s. 163.3164 which has been adopted into the
 3183  comprehensive plan.
 3184  
 3185  The Office of Economic and Demographic Research within the
 3186  Legislature shall annually calculate the population and density
 3187  criteria needed to determine which jurisdictions meet the
 3188  density criteria in subparagraphs 1.-4. by using the most recent
 3189  land area data from the decennial census conducted by the Bureau
 3190  of the Census of the United States Department of Commerce and
 3191  the latest available population estimates determined pursuant to
 3192  s. 186.901. If any local government has had an annexation,
 3193  contraction, or new incorporation, the Office of Economic and
 3194  Demographic Research shall determine the population density
 3195  using the new jurisdictional boundaries as recorded in
 3196  accordance with s. 171.091. The Office of Economic and
 3197  Demographic Research shall annually submit to the state land
 3198  planning agency by July 1 a list of jurisdictions that meet the
 3199  total population and density criteria. The state land planning
 3200  agency shall publish the list of jurisdictions on its website
 3201  within 7 days after the list is received. The designation of
 3202  jurisdictions that meet the criteria of subparagraphs 1.-4. is
 3203  effective upon publication on the state land planning agency’s
 3204  website. If a municipality that has previously met the criteria
 3205  no longer meets the criteria, the state land planning agency
 3206  must maintain the municipality on the list and indicate the year
 3207  the jurisdiction last met the criteria. However, any proposed
 3208  development of regional impact not within the established
 3209  boundaries of a municipality at the time the municipality last
 3210  met the criteria must meet the requirements of this section
 3211  until the municipality as a whole meets the criteria. Any county
 3212  that meets the criteria must remain on the list. Any
 3213  jurisdiction that was placed on the dense urban land area list
 3214  before June 2, 2011, must remain on the list.
 3215         (b)If a municipality that does not qualify as a dense
 3216  urban land area pursuant to paragraph (a) designates any of the
 3217  following areas in its comprehensive plan, any proposed
 3218  development within the designated area is exempt from s. 380.06
 3219  unless otherwise required by part II of chapter 163:
 3220         1.Urban infill as defined in s. 163.3164;
 3221         2.Community redevelopment areas as defined in s. 163.340;
 3222         3.Downtown revitalization areas as defined in s. 163.3164;
 3223         4.Urban infill and redevelopment under s. 163.2517; or
 3224         5.Urban service areas as defined in s. 163.3164 or areas
 3225  within a designated urban service area boundary pursuant to s.
 3226  163.3177(14), Florida Statutes 2010.
 3227         (c)If a county that does not qualify as a dense urban land
 3228  area designates any of the following areas in its comprehensive
 3229  plan, any proposed development within the designated area is
 3230  exempt from the development-of-regional-impact process:
 3231         1.Urban infill as defined in s. 163.3164;
 3232         2.Urban infill and redevelopment pursuant to s. 163.2517;
 3233  or
 3234         3.Urban service areas as defined in s. 163.3164.
 3235         (d)If any portion of a development is located in an area
 3236  that is not exempt from review under s. 380.06, the development
 3237  must undergo review pursuant to that section.
 3238         (e) In an area that is exempt under paragraphs (a), (b),
 3239  and (c), any previously approved development-of-regional-impact
 3240  development orders shall continue to be effective. However, the
 3241  developer has the option to be governed by s. 380.115(1).
 3242         (f)If a local government qualifies as a dense urban land
 3243  area under this subsection and is subsequently found to be
 3244  ineligible for designation as a dense urban land area, any
 3245  development located within that area which has a complete,
 3246  pending application for authorization to commence development
 3247  shall maintain the exemption if the developer is continuing the
 3248  application process in good faith or the development is
 3249  approved.
 3250         (g) This subsection does not limit or modify the rights of
 3251  any person to complete any development that has been authorized
 3252  as a development of regional impact pursuant to this chapter.
 3253         (h) This subsection does not apply to areas:
 3254         1. Within the boundary of any area of critical state
 3255  concern designated pursuant to s. 380.05;
 3256         2. Within the boundary of the Wekiva Study Area as
 3257  described in s. 369.316; or
 3258         3. Within 2 miles of the boundary of the Everglades
 3259  Protection Area as defined in s. 373.4592.
 3260         (4) PARTIAL STATUTORY EXEMPTIONS.—
 3261         (a) If the binding agreement referenced under paragraph
 3262  (2)(l) for urban service boundaries is not entered into within
 3263  12 months after establishment of the urban service area
 3264  boundary, the review pursuant to s. 380.06(12) for projects
 3265  within the urban service area boundary must address
 3266  transportation impacts only.
 3267         (b) If the binding agreement referenced under paragraph
 3268  (2)(m) for rural land stewardship areas is not entered into
 3269  within 12 months after the designation of a rural land
 3270  stewardship area, the review pursuant to s. 380.06(12) for
 3271  projects within the rural land stewardship area must address
 3272  transportation impacts only.
 3273         (c) If the binding agreement for designated urban infill
 3274  and redevelopment areas is not entered into within 12 months
 3275  after the designation of the area or July 1, 2007, whichever
 3276  occurs later, the review pursuant to s. 380.06(12) for projects
 3277  within the urban infill and redevelopment area must address
 3278  transportation impacts only.
 3279         (d) A local government that does not wish to enter into a
 3280  binding agreement or that is unable to agree on the terms of the
 3281  agreement referenced under paragraph (2)(l) or paragraph (2)(m)
 3282  must provide written notification to the state land planning
 3283  agency of the decision to not enter into a binding agreement or
 3284  the failure to enter into a binding agreement within the 12
 3285  month period referenced in paragraphs (a), (b), and (c).
 3286  Following the notification of the state land planning agency, a
 3287  review pursuant to s. 380.06(12) for projects within an urban
 3288  service area boundary under paragraph (2)(l), or a rural land
 3289  stewardship area under paragraph (2)(m), must address
 3290  transportation impacts only.
 3291         (e) The vesting provision of s. 163.3167(5) relating to an
 3292  authorized development of regional impact does not apply to
 3293  those projects partially exempt from s. 380.06 under paragraphs
 3294  (a)-(d) of this subsection.
 3295         (4)Two or more developments, represented by their owners
 3296  or developers to be separate developments, shall be aggregated
 3297  and treated as a single development under this chapter when they
 3298  are determined to be part of a unified plan of development and
 3299  are physically proximate to one other.
 3300         (a) The criteria of three of the following subparagraphs
 3301  must be met in order for the state land planning agency to
 3302  determine that there is a unified plan of development:
 3303         1.a. The same person has retained or shared control of the
 3304  developments;
 3305         b. The same person has ownership or a significant legal or
 3306  equitable interest in the developments; or
 3307         c. There is common management of the developments
 3308  controlling the form of physical development or disposition of
 3309  parcels of the development.
 3310         2. There is a reasonable closeness in time between the
 3311  completion of 80 percent or less of one development and the
 3312  submission to a governmental agency of a master plan or series
 3313  of plans or drawings for the other development which is
 3314  indicative of a common development effort.
 3315         3. A master plan or series of plans or drawings exists
 3316  covering the developments sought to be aggregated which have
 3317  been submitted to a local general-purpose government, water
 3318  management district, the Florida Department of Environmental
 3319  Protection, or the Division of Florida Condominiums, Timeshares,
 3320  and Mobile Homes for authorization to commence development. The
 3321  existence or implementation of a utility’s master utility plan
 3322  required by the Public Service Commission or general-purpose
 3323  local government or a master drainage plan shall not be the sole
 3324  determinant of the existence of a master plan.
 3325         4. There is a common advertising scheme or promotional plan
 3326  in effect for the developments sought to be aggregated.
 3327         (b) The following activities or circumstances shall not be
 3328  considered in determining whether to aggregate two or more
 3329  developments:
 3330         1. Activities undertaken leading to the adoption or
 3331  amendment of any comprehensive plan element described in part II
 3332  of chapter 163.
 3333         2. The sale of unimproved parcels of land, where the seller
 3334  does not retain significant control of the future development of
 3335  the parcels.
 3336         3. The fact that the same lender has a financial interest,
 3337  including one acquired through foreclosure, in two or more
 3338  parcels, so long as the lender is not an active participant in
 3339  the planning, management, or development of the parcels in which
 3340  it has an interest.
 3341         4. Drainage improvements that are not designed to
 3342  accommodate the types of development listed in the guidelines
 3343  and standards contained in or adopted pursuant to this chapter
 3344  or which are not designed specifically to accommodate the
 3345  developments sought to be aggregated.
 3346         (c) Aggregation is not applicable when the following
 3347  circumstances and provisions of this chapter apply:
 3348         1. Developments that are otherwise subject to aggregation
 3349  with a development of regional impact which has received
 3350  approval through the issuance of a final development order may
 3351  not be aggregated with the approved development of regional
 3352  impact. However, this subparagraph does not preclude the state
 3353  land planning agency from evaluating an allegedly separate
 3354  development as a substantial deviation pursuant to s. 380.06(19)
 3355  or as an independent development of regional impact.
 3356         2. Two or more developments, each of which is independently
 3357  a development of regional impact that has or will obtain a
 3358  development order pursuant to s. 380.06.
 3359         3. Completion of any development that has been vested
 3360  pursuant to s. 380.05 or s. 380.06, including vested rights
 3361  arising out of agreements entered into with the state land
 3362  planning agency for purposes of resolving vested rights issues.
 3363  Development-of-regional-impact review of additions to vested
 3364  developments of regional impact shall not include review of the
 3365  impacts resulting from the vested portions of the development.
 3366         4. The developments sought to be aggregated were authorized
 3367  to commence development before September 1, 1988, and could not
 3368  have been required to be aggregated under the law existing
 3369  before that date.
 3370         5. Any development that qualifies for an exemption under s.
 3371  380.06(29).
 3372         6. Newly acquired lands intended for development in
 3373  coordination with a developed and existing development of
 3374  regional impact are not subject to aggregation if the newly
 3375  acquired lands comprise an area that is equal to or less than 10
 3376  percent of the total acreage subject to an existing development
 3377  of-regional-impact development order.
 3378         (d) The provisions of this subsection shall be applied
 3379  prospectively from September 1, 1988. Written decisions,
 3380  agreements, and binding letters of interpretation made or issued
 3381  by the state land planning agency prior to July 1, 1988, shall
 3382  not be affected by this subsection.
 3383         (e) In order to encourage developers to design, finance,
 3384  donate, or build infrastructure, public facilities, or services,
 3385  the state land planning agency may enter into binding agreements
 3386  with two or more developers providing that the joint planning,
 3387  sharing, or use of specified public infrastructure, facilities,
 3388  or services by the developers shall not be considered in any
 3389  subsequent determination of whether a unified plan of
 3390  development exists for their developments. Such binding
 3391  agreements may authorize the developers to pool impact fees or
 3392  impact-fee credits, or to enter into front-end agreements, or
 3393  other financing arrangements by which they collectively agree to
 3394  design, finance, donate, or build such public infrastructure,
 3395  facilities, or services. Such agreements shall be conditioned
 3396  upon a subsequent determination by the appropriate local
 3397  government of consistency with the approved local government
 3398  comprehensive plan and land development regulations.
 3399  Additionally, the developers must demonstrate that the provision
 3400  and sharing of public infrastructure, facilities, or services is
 3401  in the public interest and not merely for the benefit of the
 3402  developments which are the subject of the agreement.
 3403  Developments that are the subject of an agreement pursuant to
 3404  this paragraph shall be aggregated if the state land planning
 3405  agency determines that sufficient aggregation factors are
 3406  present to require aggregation without considering the design
 3407  features, financial arrangements, donations, or construction
 3408  that are specified in and required by the agreement.
 3409         (f) The state land planning agency has authority to adopt
 3410  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 3411  provisions of this subsection.
 3412         Section 5. Section 380.07, Florida Statutes, is amended to
 3413  read:
 3414         380.07 Florida Land and Water Adjudicatory Commission.—
 3415         (1) There is hereby created the Florida Land and Water
 3416  Adjudicatory Commission, which shall consist of the
 3417  Administration Commission. The commission may adopt rules
 3418  necessary to ensure compliance with the area of critical state
 3419  concern program and the requirements for developments of
 3420  regional impact as set forth in this chapter.
 3421         (2) Whenever any local government issues any development
 3422  order in any area of critical state concern, or in regard to the
 3423  abandonment of any approved development of regional impact,
 3424  copies of such orders as prescribed by rule by the state land
 3425  planning agency shall be transmitted to the state land planning
 3426  agency, the regional planning agency, and the owner or developer
 3427  of the property affected by such order. The state land planning
 3428  agency shall adopt rules describing development order rendition
 3429  and effectiveness in designated areas of critical state concern.
 3430  Within 45 days after the order is rendered, the owner, the
 3431  developer, or the state land planning agency may appeal the
 3432  order to the Florida Land and Water Adjudicatory Commission by
 3433  filing a petition alleging that the development order is not
 3434  consistent with the provisions of this part. The appropriate
 3435  regional planning agency by vote at a regularly scheduled
 3436  meeting may recommend that the state land planning agency
 3437  undertake an appeal of a development-of-regional-impact
 3438  development order. Upon the request of an appropriate regional
 3439  planning council, affected local government, or any citizen, the
 3440  state land planning agency shall consider whether to appeal the
 3441  order and shall respond to the request within the 45-day appeal
 3442  period.
 3443         (3) Notwithstanding any other provision of law, an appeal
 3444  of a development order in an area of critical state concern by
 3445  the state land planning agency under this section may include
 3446  consistency of the development order with the local
 3447  comprehensive plan. However, if a development order relating to
 3448  a development of regional impact has been challenged in a
 3449  proceeding under s. 163.3215 and a party to the proceeding
 3450  serves notice to the state land planning agency of the pending
 3451  proceeding under s. 163.3215, the state land planning agency
 3452  shall:
 3453         (a) Raise its consistency issues by intervening as a full
 3454  party in the pending proceeding under s. 163.3215 within 30 days
 3455  after service of the notice; and
 3456         (b) Dismiss the consistency issues from the development
 3457  order appeal.
 3458         (4) The appellant shall furnish a copy of the petition to
 3459  the opposing party, as the case may be, and to the local
 3460  government that issued the order. The filing of the petition
 3461  stays the effectiveness of the order until after the completion
 3462  of the appeal process.
 3463         (5) The 45-day appeal period for a development of regional
 3464  impact within the jurisdiction of more than one local government
 3465  shall not commence until after all the local governments having
 3466  jurisdiction over the proposed development of regional impact
 3467  have rendered their development orders. The appellant shall
 3468  furnish a copy of the notice of appeal to the opposing party, as
 3469  the case may be, and to the local government that which issued
 3470  the order. The filing of the notice of appeal stays shall stay
 3471  the effectiveness of the order until after the completion of the
 3472  appeal process.
 3473         (5)(6)Before Prior to issuing an order, the Florida Land
 3474  and Water Adjudicatory Commission shall hold a hearing pursuant
 3475  to the provisions of chapter 120. The commission shall encourage
 3476  the submission of appeals on the record made pursuant to
 3477  subsection (7) below in cases in which the development order was
 3478  issued after a full and complete hearing before the local
 3479  government or an agency thereof.
 3480         (6)(7) The Florida Land and Water Adjudicatory Commission
 3481  shall issue a decision granting or denying permission to develop
 3482  pursuant to the standards of this chapter and may attach
 3483  conditions and restrictions to its decisions.
 3484         (7)(8) If an appeal is filed with respect to any issues
 3485  within the scope of a permitting program authorized by chapter
 3486  161, chapter 373, or chapter 403 and for which a permit or
 3487  conceptual review approval has been obtained before prior to the
 3488  issuance of a development order, any such issue shall be
 3489  specifically identified in the notice of appeal which is filed
 3490  pursuant to this section, together with other issues that which
 3491  constitute grounds for the appeal. The appeal may proceed with
 3492  respect to issues within the scope of permitting programs for
 3493  which a permit or conceptual review approval has been obtained
 3494  before prior to the issuance of a development order only after
 3495  the commission determines by majority vote at a regularly
 3496  scheduled commission meeting that statewide or regional
 3497  interests may be adversely affected by the development. In
 3498  making this determination, there is shall be a rebuttable
 3499  presumption that statewide and regional interests relating to
 3500  issues within the scope of the permitting programs for which a
 3501  permit or conceptual approval has been obtained are not
 3502  adversely affected.
 3503         Section 6. Section 380.115, Florida Statutes, is amended to
 3504  read:
 3505         380.115 Vested rights and duties; effect of size reduction,
 3506  changes in statewide guidelines and standards.—
 3507         (1) A change in a development-of-regional-impact guideline
 3508  and standard does not abridge or modify any vested or other
 3509  right or any duty or obligation pursuant to any development
 3510  order or agreement that is applicable to a development of
 3511  regional impact. A development that has received a development
 3512  of-regional-impact development order pursuant to s. 380.06 but
 3513  is no longer required to undergo development-of-regional-impact
 3514  review by operation of law may elect a change in the guidelines
 3515  and standards, a development that has reduced its size below the
 3516  thresholds as specified in s. 380.0651, a development that is
 3517  exempt pursuant to s. 380.06(24) or (29), or a development that
 3518  elects to rescind the development order pursuant to are governed
 3519  by the following procedures:
 3520         (1)(a) The development shall continue to be governed by the
 3521  development-of-regional-impact development order and may be
 3522  completed in reliance upon and pursuant to the development order
 3523  unless the developer or landowner has followed the procedures
 3524  for rescission in subsection (2) paragraph (b). Any proposed
 3525  changes to developments which continue to be governed by a
 3526  development-of-regional-impact development order must be
 3527  approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
 3528  before a change in the development-of-regional-impact guidelines
 3529  and standards, except that all percentage criteria are doubled
 3530  and all other criteria are increased by 10 percent. The local
 3531  government issuing the development order must monitor the
 3532  development and enforce the development order. Local governments
 3533  may not issue any permits or approvals or provide any extensions
 3534  of services if the developer fails to act in substantial
 3535  compliance with the development order. The development-of
 3536  regional-impact development order may be enforced by the local
 3537  government as provided in s. 380.11 ss. 380.06(17) and 380.11.
 3538         (2)(b) If requested by the developer or landowner, the
 3539  development-of-regional-impact development order shall be
 3540  rescinded by the local government having jurisdiction upon a
 3541  showing that all required mitigation related to the amount of
 3542  development that existed on the date of rescission has been
 3543  completed or will be completed under an existing permit or
 3544  equivalent authorization issued by a governmental agency as
 3545  defined in s. 380.031(6), if such permit or authorization is
 3546  subject to enforcement through administrative or judicial
 3547  remedies.
 3548         (2) A development with an application for development
 3549  approval pending, pursuant to s. 380.06, on the effective date
 3550  of a change to the guidelines and standards, or a notification
 3551  of proposed change pending on the effective date of a change to
 3552  the guidelines and standards, may elect to continue such review
 3553  pursuant to s. 380.06. At the conclusion of the pending review,
 3554  including any appeals pursuant to s. 380.07, the resulting
 3555  development order shall be governed by the provisions of
 3556  subsection (1).
 3557         (3) A landowner that has filed an application for a
 3558  development-of-regional-impact review prior to the adoption of a
 3559  sector plan pursuant to s. 163.3245 may elect to have the
 3560  application reviewed pursuant to s. 380.06, comprehensive plan
 3561  provisions in force prior to adoption of the sector plan, and
 3562  any requested comprehensive plan amendments that accompany the
 3563  application.
 3564         Section 7. Paragraph (c) of subsection (1) of section
 3565  125.68, Florida Statutes, is amended to read:
 3566         125.68 Codification of ordinances; exceptions; public
 3567  record.—
 3568         (1)
 3569         (c) The following ordinances are exempt from codification
 3570  and annual publication requirements:
 3571         1. Any development agreement, or amendment to such
 3572  agreement, adopted by ordinance pursuant to ss. 163.3220
 3573  163.3243.
 3574         2. Any development order, or amendment to such order,
 3575  adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
 3576         Section 8. Paragraph (e) of subsection (3), subsection (6),
 3577  and subsection (12) of section 163.3245, Florida Statutes, are
 3578  amended to read:
 3579         163.3245 Sector plans.—
 3580         (3) Sector planning encompasses two levels: adoption
 3581  pursuant to s. 163.3184 of a long-term master plan for the
 3582  entire planning area as part of the comprehensive plan, and
 3583  adoption by local development order of two or more detailed
 3584  specific area plans that implement the long-term master plan and
 3585  within which s. 380.06 is waived.
 3586         (e) Whenever a local government issues a development order
 3587  approving a detailed specific area plan, a copy of such order
 3588  shall be rendered to the state land planning agency and the
 3589  owner or developer of the property affected by such order, as
 3590  prescribed by rules of the state land planning agency for a
 3591  development order for a development of regional impact. Within
 3592  45 days after the order is rendered, the owner, the developer,
 3593  or the state land planning agency may appeal the order to the
 3594  Florida Land and Water Adjudicatory Commission by filing a
 3595  petition alleging that the detailed specific area plan is not
 3596  consistent with the comprehensive plan or with the long-term
 3597  master plan adopted pursuant to this section. The appellant
 3598  shall furnish a copy of the petition to the opposing party, as
 3599  the case may be, and to the local government that issued the
 3600  order. The filing of the petition stays the effectiveness of the
 3601  order until after completion of the appeal process. However, if
 3602  a development order approving a detailed specific area plan has
 3603  been challenged by an aggrieved or adversely affected party in a
 3604  judicial proceeding pursuant to s. 163.3215, and a party to such
 3605  proceeding serves notice to the state land planning agency, the
 3606  state land planning agency shall dismiss its appeal to the
 3607  commission and shall have the right to intervene in the pending
 3608  judicial proceeding pursuant to s. 163.3215. Proceedings for
 3609  administrative review of an order approving a detailed specific
 3610  area plan shall be conducted consistent with s. 380.07(5) s.
 3611  380.07(6). The commission shall issue a decision granting or
 3612  denying permission to develop pursuant to the long-term master
 3613  plan and the standards of this part and may attach conditions or
 3614  restrictions to its decisions.
 3615         (6) An applicant who applied Concurrent with or subsequent
 3616  to review and adoption of a long-term master plan pursuant to
 3617  paragraph (3)(a), an applicant may apply for master development
 3618  approval pursuant to s. 380.06 s. 380.06(21) for the entire
 3619  planning area shall remain subject to the master development
 3620  order in order to establish a buildout date until which the
 3621  approved uses and densities and intensities of use of the master
 3622  plan are not subject to downzoning, unit density reduction, or
 3623  intensity reduction, unless the developer elects to rescind the
 3624  development order pursuant to s. 380.115, the development order
 3625  is abandoned pursuant to s. 380.06(11), or the local government
 3626  can demonstrate that implementation of the master plan is not
 3627  continuing in good faith based on standards established by plan
 3628  policy, that substantial changes in the conditions underlying
 3629  the approval of the master plan have occurred, that the master
 3630  plan was based on substantially inaccurate information provided
 3631  by the applicant, or that change is clearly established to be
 3632  essential to the public health, safety, or welfare. Review of
 3633  the application for master development approval shall be at a
 3634  level of detail appropriate for the long-term and conceptual
 3635  nature of the long-term master plan and, to the maximum extent
 3636  possible, may only consider information provided in the
 3637  application for a long-term master plan. Notwithstanding s.
 3638  380.06, an increment of development in such an approved master
 3639  development plan must be approved by a detailed specific area
 3640  plan pursuant to paragraph (3)(b) and is exempt from review
 3641  pursuant to s. 380.06.
 3642         (12) Notwithstanding s. 380.06, this part, or any planning
 3643  agreement or plan policy, a landowner or developer who has
 3644  received approval of a master development-of-regional-impact
 3645  development order pursuant to s. 380.06(9) s. 380.06(21) may
 3646  apply to implement this order by filing one or more applications
 3647  to approve a detailed specific area plan pursuant to paragraph
 3648  (3)(b).
 3649         Section 9. Subsections (11), (12), and (14) of section
 3650  163.3246, Florida Statutes, are amended to read:
 3651         163.3246 Local government comprehensive planning
 3652  certification program.—
 3653         (11) If the local government of an area described in
 3654  subsection (10) does not request that the state land planning
 3655  agency review the developments of regional impact that are
 3656  proposed within the certified area, an application for approval
 3657  of a development order within the certified area is shall be
 3658  exempt from review under s. 380.06.
 3659         (12) A local government’s certification shall be reviewed
 3660  by the local government and the state land planning agency as
 3661  part of the evaluation and appraisal process pursuant to s.
 3662  163.3191. Within 1 year after the deadline for the local
 3663  government to update its comprehensive plan based on the
 3664  evaluation and appraisal, the state land planning agency must
 3665  shall renew or revoke the certification. The local government’s
 3666  failure to timely adopt necessary amendments to update its
 3667  comprehensive plan based on an evaluation and appraisal, which
 3668  are found to be in compliance by the state land planning agency,
 3669  is shall be cause for revoking the certification agreement. The
 3670  state land planning agency’s decision to renew or revoke is
 3671  shall be considered agency action subject to challenge under s.
 3672  120.569.
 3673         (14) It is the intent of the Legislature to encourage the
 3674  creation of connected-city corridors that facilitate the growth
 3675  of high-technology industry and innovation through partnerships
 3676  that support research, marketing, workforce, and
 3677  entrepreneurship. It is the further intent of the Legislature to
 3678  provide for a locally controlled, comprehensive plan amendment
 3679  process for such projects that are designed to achieve a
 3680  cleaner, healthier environment; limit urban sprawl by promoting
 3681  diverse but interconnected communities; provide a range of
 3682  intergenerational housing types; protect wildlife and natural
 3683  areas; assure the efficient use of land and other resources;
 3684  create quality communities of a design that promotes alternative
 3685  transportation networks and travel by multiple transportation
 3686  modes; and enhance the prospects for the creation of jobs. The
 3687  Legislature finds and declares that this state’s connected-city
 3688  corridors require a reduced level of state and regional
 3689  oversight because of their high degree of urbanization and the
 3690  planning capabilities and resources of the local government.
 3691         (a) Notwithstanding subsections (2), (4), (5), (6), and
 3692  (7), Pasco County is named a pilot community and shall be
 3693  considered certified for a period of 10 years for connected-city
 3694  corridor plan amendments. The state land planning agency shall
 3695  provide a written notice of certification to Pasco County by
 3696  July 15, 2015, which shall be considered a final agency action
 3697  subject to challenge under s. 120.569. The notice of
 3698  certification must include:
 3699         1. The boundary of the connected-city corridor
 3700  certification area; and
 3701         2. A requirement that Pasco County submit an annual or
 3702  biennial monitoring report to the state land planning agency
 3703  according to the schedule provided in the written notice. The
 3704  monitoring report must, at a minimum, include the number of
 3705  amendments to the comprehensive plan adopted by Pasco County,
 3706  the number of plan amendments challenged by an affected person,
 3707  and the disposition of such challenges.
 3708         (b) A plan amendment adopted under this subsection may be
 3709  based upon a planning period longer than the generally
 3710  applicable planning period of the Pasco County local
 3711  comprehensive plan, must specify the projected population within
 3712  the planning area during the chosen planning period, may include
 3713  a phasing or staging schedule that allocates a portion of Pasco
 3714  County’s future growth to the planning area through the planning
 3715  period, and may designate a priority zone or subarea within the
 3716  connected-city corridor for initial implementation of the plan.
 3717  A plan amendment adopted under this subsection is not required
 3718  to demonstrate need based upon projected population growth or on
 3719  any other basis.
 3720         (c) If Pasco County adopts a long-term transportation
 3721  network plan and financial feasibility plan, and subject to
 3722  compliance with the requirements of such a plan, the projects
 3723  within the connected-city corridor are deemed to have satisfied
 3724  all concurrency and other state agency or local government
 3725  transportation mitigation requirements except for site-specific
 3726  access management requirements.
 3727         (d) If Pasco County does not request that the state land
 3728  planning agency review the developments of regional impact that
 3729  are proposed within the certified area, an application for
 3730  approval of a development order within the certified area is
 3731  exempt from review under s. 380.06.
 3732         (e) The Office of Program Policy Analysis and Government
 3733  Accountability (OPPAGA) shall submit to the Governor, the
 3734  President of the Senate, and the Speaker of the House of
 3735  Representatives by December 1, 2024, a report and
 3736  recommendations for implementing a statewide program that
 3737  addresses the legislative findings in this subsection. In
 3738  consultation with the state land planning agency, OPPAGA shall
 3739  develop the report and recommendations with input from other
 3740  state and regional agencies, local governments, and interest
 3741  groups. OPPAGA shall also solicit citizen input in the
 3742  potentially affected areas and consult with the affected local
 3743  government and stakeholder groups. Additionally, OPPAGA shall
 3744  review local and state actions and correspondence relating to
 3745  the pilot program to identify issues of process and substance in
 3746  recommending changes to the pilot program. At a minimum, the
 3747  report and recommendations must include:
 3748         1. Identification of local governments other than the local
 3749  government participating in the pilot program which should be
 3750  certified. The report may also recommend that a local government
 3751  is no longer appropriate for certification; and
 3752         2. Changes to the certification pilot program.
 3753         Section 10. Subsection (4) of section 189.08, Florida
 3754  Statutes, is amended to read:
 3755         189.08 Special district public facilities report.—
 3756         (4) Those special districts building, improving, or
 3757  expanding public facilities addressed by a development order
 3758  issued to the developer pursuant to s. 380.06 may use the most
 3759  recent local government annual report required by s. 380.06(6)
 3760  s. 380.06(15) and (18) and submitted by the developer, to the
 3761  extent the annual report provides the information required by
 3762  subsection (2).
 3763         Section 11. Subsection (2) of section 190.005, Florida
 3764  Statutes, is amended to read:
 3765         190.005 Establishment of district.—
 3766         (2) The exclusive and uniform method for the establishment
 3767  of a community development district of less than 2,500 acres in
 3768  size or a community development district of up to 7,000 acres in
 3769  size located within a connected-city corridor established
 3770  pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
 3771  an ordinance adopted by the county commission of the county
 3772  having jurisdiction over the majority of land in the area in
 3773  which the district is to be located granting a petition for the
 3774  establishment of a community development district as follows:
 3775         (a) A petition for the establishment of a community
 3776  development district shall be filed by the petitioner with the
 3777  county commission. The petition shall contain the same
 3778  information as required in paragraph (1)(a).
 3779         (b) A public hearing on the petition shall be conducted by
 3780  the county commission in accordance with the requirements and
 3781  procedures of paragraph (1)(d).
 3782         (c) The county commission shall consider the record of the
 3783  public hearing and the factors set forth in paragraph (1)(e) in
 3784  making its determination to grant or deny a petition for the
 3785  establishment of a community development district.
 3786         (d) The county commission may shall not adopt any ordinance
 3787  which would expand, modify, or delete any provision of the
 3788  uniform community development district charter as set forth in
 3789  ss. 190.006-190.041. An ordinance establishing a community
 3790  development district shall only include the matters provided for
 3791  in paragraph (1)(f) unless the commission consents to any of the
 3792  optional powers under s. 190.012(2) at the request of the
 3793  petitioner.
 3794         (e) If all of the land in the area for the proposed
 3795  district is within the territorial jurisdiction of a municipal
 3796  corporation, then the petition requesting establishment of a
 3797  community development district under this act shall be filed by
 3798  the petitioner with that particular municipal corporation. In
 3799  such event, the duties of the county, hereinabove described, in
 3800  action upon the petition shall be the duties of the municipal
 3801  corporation. If any of the land area of a proposed district is
 3802  within the land area of a municipality, the county commission
 3803  may not create the district without municipal approval. If all
 3804  of the land in the area for the proposed district, even if less
 3805  than 2,500 acres, is within the territorial jurisdiction of two
 3806  or more municipalities or two or more counties, except for
 3807  proposed districts within a connected-city corridor established
 3808  pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
 3809  be filed with the Florida Land and Water Adjudicatory Commission
 3810  and proceed in accordance with subsection (1).
 3811         (f) Notwithstanding any other provision of this subsection,
 3812  within 90 days after a petition for the establishment of a
 3813  community development district has been filed pursuant to this
 3814  subsection, the governing body of the county or municipal
 3815  corporation may transfer the petition to the Florida Land and
 3816  Water Adjudicatory Commission, which shall make the
 3817  determination to grant or deny the petition as provided in
 3818  subsection (1). A county or municipal corporation shall have no
 3819  right or power to grant or deny a petition that has been
 3820  transferred to the Florida Land and Water Adjudicatory
 3821  Commission.
 3822         Section 12. Paragraph (g) of subsection (1) of section
 3823  190.012, Florida Statutes, is amended to read:
 3824         190.012 Special powers; public improvements and community
 3825  facilities.—The district shall have, and the board may exercise,
 3826  subject to the regulatory jurisdiction and permitting authority
 3827  of all applicable governmental bodies, agencies, and special
 3828  districts having authority with respect to any area included
 3829  therein, any or all of the following special powers relating to
 3830  public improvements and community facilities authorized by this
 3831  act:
 3832         (1) To finance, fund, plan, establish, acquire, construct
 3833  or reconstruct, enlarge or extend, equip, operate, and maintain
 3834  systems, facilities, and basic infrastructures for the
 3835  following:
 3836         (g) Any other project within or without the boundaries of a
 3837  district when a local government issued a development order
 3838  pursuant to s. 380.06 or s. 380.061 approving or expressly
 3839  requiring the construction or funding of the project by the
 3840  district, or when the project is the subject of an agreement
 3841  between the district and a governmental entity and is consistent
 3842  with the local government comprehensive plan of the local
 3843  government within which the project is to be located.
 3844         Section 13. Paragraph (a) of subsection (1) of section
 3845  252.363, Florida Statutes, is amended to read:
 3846         252.363 Tolling and extension of permits and other
 3847  authorizations.—
 3848         (1)(a) The declaration of a state of emergency by the
 3849  Governor tolls the period remaining to exercise the rights under
 3850  a permit or other authorization for the duration of the
 3851  emergency declaration. Further, the emergency declaration
 3852  extends the period remaining to exercise the rights under a
 3853  permit or other authorization for 6 months in addition to the
 3854  tolled period. This paragraph applies to the following:
 3855         1. The expiration of a development order issued by a local
 3856  government.
 3857         2. The expiration of a building permit.
 3858         3. The expiration of a permit issued by the Department of
 3859  Environmental Protection or a water management district pursuant
 3860  to part IV of chapter 373.
 3861         4. The buildout date of a development of regional impact,
 3862  including any extension of a buildout date that was previously
 3863  granted as specified in s. 380.06(7)(c) pursuant to s.
 3864  380.06(19)(c).
 3865         Section 14. Subsection (4) of section 369.303, Florida
 3866  Statutes, is amended to read:
 3867         369.303 Definitions.—As used in this part:
 3868         (4) “Development of regional impact” means a development
 3869  that which is subject to the review procedures established by s.
 3870  380.06 or s. 380.065, and s. 380.07.
 3871         Section 15. Subsection (1) of section 369.307, Florida
 3872  Statutes, is amended to read:
 3873         369.307 Developments of regional impact in the Wekiva River
 3874  Protection Area; land acquisition.—
 3875         (1) Notwithstanding s. 380.06(4) the provisions of s.
 3876  380.06(15), the counties shall consider and issue the
 3877  development permits applicable to a proposed development of
 3878  regional impact which is located partially or wholly within the
 3879  Wekiva River Protection Area at the same time as the development
 3880  order approving, approving with conditions, or denying a
 3881  development of regional impact.
 3882         Section 16. Subsection (8) of section 373.236, Florida
 3883  Statutes, is amended to read:
 3884         373.236 Duration of permits; compliance reports.—
 3885         (8) A water management district may issue a permit to an
 3886  applicant, as set forth in s. 163.3245(13), for the same period
 3887  of time as the applicant’s approved master development order if
 3888  the master development order was issued under s. 380.06(9) s.
 3889  380.06(21) by a county which, at the time the order was issued,
 3890  was designated as a rural area of opportunity under s. 288.0656,
 3891  was not located in an area encompassed by a regional water
 3892  supply plan as set forth in s. 373.709(1), and was not located
 3893  within the basin management action plan of a first magnitude
 3894  spring. In reviewing the permit application and determining the
 3895  permit duration, the water management district shall apply s.
 3896  163.3245(4)(b).
 3897         Section 17. Subsection (13) of section 373.414, Florida
 3898  Statutes, is amended to read:
 3899         373.414 Additional criteria for activities in surface
 3900  waters and wetlands.—
 3901         (13) Any declaratory statement issued by the department
 3902  under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
 3903  as amended, or pursuant to rules adopted thereunder, or by a
 3904  water management district under s. 373.421, in response to a
 3905  petition filed on or before June 1, 1994, shall continue to be
 3906  valid for the duration of such declaratory statement. Any such
 3907  petition pending on June 1, 1994, shall be exempt from the
 3908  methodology ratified in s. 373.4211, but the rules of the
 3909  department or the relevant water management district, as
 3910  applicable, in effect prior to the effective date of s.
 3911  373.4211, shall apply. Until May 1, 1998, activities within the
 3912  boundaries of an area subject to a petition pending on June 1,
 3913  1994, and prior to final agency action on such petition, shall
 3914  be reviewed under the rules adopted pursuant to ss. 403.91
 3915  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3916  amended, and this part, in existence prior to the effective date
 3917  of the rules adopted under subsection (9), unless the applicant
 3918  elects to have such activities reviewed under the rules adopted
 3919  under this part, as amended in accordance with subsection (9).
 3920  In the event that a jurisdictional declaratory statement
 3921  pursuant to the vegetative index in effect prior to the
 3922  effective date of chapter 84-79, Laws of Florida, has been
 3923  obtained and is valid prior to the effective date of the rules
 3924  adopted under subsection (9) or July 1, 1994, whichever is
 3925  later, and the affected lands are part of a project for which a
 3926  master development order has been issued pursuant to s.
 3927  380.06(9) s. 380.06(21), the declaratory statement shall remain
 3928  valid for the duration of the buildout period of the project.
 3929  Any jurisdictional determination validated by the department
 3930  pursuant to rule 17-301.400(8), Florida Administrative Code, as
 3931  it existed in rule 17-4.022, Florida Administrative Code, on
 3932  April 1, 1985, shall remain in effect for a period of 5 years
 3933  following the effective date of this act if proof of such
 3934  validation is submitted to the department prior to January 1,
 3935  1995. In the event that a jurisdictional determination has been
 3936  revalidated by the department pursuant to this subsection and
 3937  the affected lands are part of a project for which a development
 3938  order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
 3939  final development order to which s. 163.3167(5) applies has been
 3940  issued, or a vested rights determination has been issued
 3941  pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
 3942  determination shall remain valid until the completion of the
 3943  project, provided proof of such validation and documentation
 3944  establishing that the project meets the requirements of this
 3945  sentence are submitted to the department prior to January 1,
 3946  1995. Activities proposed within the boundaries of a valid
 3947  declaratory statement issued pursuant to a petition submitted to
 3948  either the department or the relevant water management district
 3949  on or before June 1, 1994, or a revalidated jurisdictional
 3950  determination, prior to its expiration shall continue thereafter
 3951  to be exempt from the methodology ratified in s. 373.4211 and to
 3952  be reviewed under the rules adopted pursuant to ss. 403.91
 3953  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3954  amended, and this part, in existence prior to the effective date
 3955  of the rules adopted under subsection (9), unless the applicant
 3956  elects to have such activities reviewed under the rules adopted
 3957  under this part, as amended in accordance with subsection (9).
 3958         Section 18. Subsection (5) of section 378.601, Florida
 3959  Statutes, is amended to read:
 3960         378.601 Heavy minerals.—
 3961         (5) Any heavy mineral mining operation which annually mines
 3962  less than 500 acres and whose proposed consumption of water is 3
 3963  million gallons per day or less may shall not be subject
 3964  required to undergo development of regional impact review
 3965  pursuant to s. 380.06, provided permits and plan approvals
 3966  pursuant to either this section and part IV of chapter 373, or
 3967  s. 378.901, are issued.
 3968         Section 19. Section 380.065, Florida Statutes, is repealed.
 3969         Section 20. Paragraph (a) of subsection (2) of section
 3970  380.11, Florida Statutes, is amended to read:
 3971         380.11 Enforcement; procedures; remedies.—
 3972         (2) ADMINISTRATIVE REMEDIES.—
 3973         (a) If the state land planning agency has reason to believe
 3974  a violation of this part or any rule, development order, or
 3975  other order issued hereunder or of any agreement entered into
 3976  under s. 380.032(3) or s. 380.06(8) has occurred or is about to
 3977  occur, it may institute an administrative proceeding pursuant to
 3978  this section to prevent, abate, or control the conditions or
 3979  activity creating the violation.
 3980         Section 21. Paragraph (b) of subsection (2) of section
 3981  403.524, Florida Statutes, is amended to read:
 3982         403.524 Applicability; certification; exemptions.—
 3983         (2) Except as provided in subsection (1), construction of a
 3984  transmission line may not be undertaken without first obtaining
 3985  certification under this act, but this act does not apply to:
 3986         (b) Transmission lines that have been exempted by a binding
 3987  letter of interpretation issued under s. 380.06(3) s. 380.06(4),
 3988  or in which the Department of Economic Opportunity or its
 3989  predecessor agency has determined the utility to have vested
 3990  development rights within the meaning of s. 380.05(18) or s.
 3991  380.06(8) s. 380.06(20).
 3992         Section 22. (1)The rules adopted by the state land
 3993  planning agency to ensure uniform review of developments of
 3994  regional impact by the state land planning agency and regional
 3995  planning agencies and codified in chapter 73C-40, Florida
 3996  Administrative Code, are repealed.
 3997         (2)The rules adopted by the Administration Commission, as
 3998  defined in s. 380.031, Florida Statutes, regarding whether two
 3999  or more developments, represented by their owners or developers
 4000  to be separate developments, shall be aggregated and treated as
 4001  a single development under chapter 380, Florida Statutes, are
 4002  repealed.
 4003         Section 23. The Division of Law Revision and Information is
 4004  directed to replace the phrase “the effective date of this act”
 4005  where it occurs in this act with the date this act takes effect.
 4006         Section 24. This act shall take effect upon becoming a law.