Florida Senate - 2018 CS for CS for SB 1244
By the Committees on Appropriations; and Community Affairs; and
Senator Lee
576-03808-18 20181244c2
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 165.0615, F.S.; adding a minimum population standard
4 as a criteria that must be met before qualified
5 electors of an independent special district commence a
6 certain municipal conversion proceeding; amending s.
7 380.06, F.S.; revising the statewide guidelines and
8 standards for developments of regional impact;
9 deleting criteria that the Administration Commission
10 is required to consider in adopting its guidelines and
11 standards; revising provisions relating to the
12 application of guidelines and standards; revising
13 provisions relating to variations and thresholds for
14 such guidelines and standards; deleting provisions
15 relating to the issuance of binding letters;
16 specifying that previously issued letters remain valid
17 unless previously expired; specifying the procedure
18 for amending a binding letter of interpretation;
19 specifying that previously issued clearance letters
20 remain valid unless previously expired; deleting
21 provisions relating to authorizations to develop,
22 applications for approval of development, concurrent
23 plan amendments, preapplication procedures,
24 preliminary development agreements, conceptual agency
25 review, application sufficiency, local notice,
26 regional reports, and criteria for the approval of
27 developments inside and outside areas of critical
28 state concern; revising provisions relating to local
29 government development orders; specifying that
30 amendments to a development order for an approved
31 development may not amend to an earlier date the date
32 before when a development would be subject to
33 downzoning, unit density reduction, or intensity
34 reduction, except under certain conditions; removing a
35 requirement that certain conditions of a development
36 order meet specified criteria; specifying that
37 construction of certain mitigation-of-impact
38 facilities is not subject to competitive bidding or
39 competitive negotiation for selection of a contractor
40 or design professional; removing requirements relating
41 to local government approval of developments of
42 regional impact that do not meet certain requirements;
43 removing a requirement that the Department of Economic
44 Opportunity and other agencies cooperate in preparing
45 certain ordinances; authorizing developers to record
46 notice of certain rescinded development orders;
47 specifying that certain agreements regarding
48 developments that are essentially built out remain
49 valid unless previously expired; deleting requirements
50 for a local government to issue a permit for a
51 development subsequent to the buildout date contained
52 in the development order; specifying that amendments
53 to development orders do not diminish or otherwise
54 alter certain credits for a development order exaction
55 or fee against impact fees, mobility fees, or
56 exactions; deleting a provision relating to the
57 determination of certain credits for impact fees or
58 extractions; deleting a provision exempting a
59 nongovernmental developer from being required to
60 competitively bid or negotiate construction or design
61 of certain facilities except under certain
62 circumstances; specifying that certain capital
63 contribution front-ending agreements remain valid
64 unless previously expired; deleting a provision
65 relating to local monitoring; revising requirements
66 for developers regarding reporting to local
67 governments and specifying that such reports are not
68 required unless required by a local government with
69 jurisdiction over a development; revising the
70 requirements and procedure for proposed changes to a
71 previously approved development of regional impact and
72 deleting rulemaking requirements relating to such
73 procedure; revising provisions relating to the
74 approval of such changes; specifying that certain
75 extensions previously granted by statute are still
76 valid and not subject to review or modification;
77 deleting provisions relating to determinations as to
78 whether a proposed change is a substantial deviation;
79 deleting provisions relating to comprehensive
80 development-of-regional-impact applications and master
81 plan development orders; specifying that certain
82 agreements that include two or more developments of
83 regional impact which were the subject of a
84 comprehensive development-of-regional-impact
85 application remain valid unless previously expired;
86 deleting provisions relating to downtown development
87 authorities; deleting provisions relating to adoption
88 of rules by the state land planning agency; deleting
89 statutory exemptions from development-of-regional
90 impact review; specifying that an approval of an
91 authorized developer for an areawide development of
92 regional impact remains valid unless previously
93 expired; deleting provisions relating to areawide
94 developments of regional impact; deleting an
95 authorization for the state land planning agency to
96 adopt rules relating to abandonment of developments of
97 regional impact; requiring local governments to file a
98 notice of abandonment under certain conditions;
99 deleting an authorization for the state land planning
100 agency to adopt a procedure for filing such notice;
101 requiring a development-of-regional-impact development
102 order to be abandoned by a local government under
103 certain conditions; deleting a provision relating to
104 abandonment of developments of regional impact in
105 certain high-hazard coastal areas; authorizing local
106 governments to approve abandonment of development
107 orders for an approved development under certain
108 conditions; deleting a provision relating to rights,
109 responsibilities, and obligations under a development
110 order; deleting partial exemptions from development
111 of-regional-impact review; deleting exemptions for
112 dense urban land areas; specifying that proposed
113 developments that exceed the statewide guidelines and
114 standards and that are not otherwise exempt be
115 approved by local governments instead of through
116 specified development-of-regional-impact proceedings;
117 providing an exception; amending s. 380.061, F.S.;
118 specifying that the Florida Quality Developments
119 program only applies to previously approved
120 developments in the program before the effective date
121 of the act; specifying a process for local governments
122 to adopt a local development order to replace and
123 supersede the development order adopted by the state
124 land planning agency for the Florida Quality
125 Developments; deleting program intent, eligibility
126 requirements, rulemaking authorizations, and
127 application and approval requirements and processes;
128 deleting an appeals process and the Quality
129 Developments Review Board; amending s. 380.0651, F.S.;
130 deleting provisions relating to the superseding of
131 guidelines and standards adopted by the Administration
132 Commission and the publishing of guidelines and
133 standards by the Administration Commission; conforming
134 a provision to changes made by the act; specifying
135 exemptions and partial exemptions from development-of
136 regional-impact review; deleting provisions relating
137 to determining whether there is a unified plan of
138 development; deleting provisions relating to the
139 circumstances where developments should be aggregated;
140 deleting a provision relating to prospective
141 application of certain provisions; deleting a
142 provision authorizing state land planning agencies to
143 enter into agreements for the joint planning, sharing,
144 or use of specified public infrastructure, facilities,
145 or services by developers; deleting an authorization
146 for the state land planning agency to adopt rules;
147 amending s. 380.07, F.S.; deleting an authorization
148 for the Florida Land and Water Adjudicatory Commission
149 to adopt rules regarding the requirements for
150 developments of regional impact; revising when a local
151 government must transmit a development order to the
152 state land planning agency, the regional planning
153 agency, and the owner or developer of the property
154 affected by such order; deleting a process for
155 regional planning agencies to undertake appeals of
156 development-of-regional-impact development orders;
157 revising a process for appealing development orders
158 for consistency with a local comprehensive plan to be
159 available only for developments in areas of critical
160 state concern; deleting a procedure regarding certain
161 challenges to development orders relating to
162 developments of regional impact; amending s. 380.115,
163 F.S.; deleting a provision relating to changes in
164 development-of-regional-impact guidelines and
165 standards and the impact of such changes on vested
166 rights, duties, and obligations pursuant to any
167 development order or agreement; requiring local
168 governments to monitor and enforce development orders
169 and prohibiting local governments from issuing
170 permits, approvals, or extensions of services if a
171 developer does not act in substantial compliance with
172 an order; deleting provisions relating to changes in
173 development of regional impact guidelines and
174 standards and their impact on the development approval
175 process; amending s. 125.68, F.S.; conforming a cross
176 reference; amending s. 163.3245, F.S.; conforming
177 cross-references; conforming provisions to changes
178 made by the act; revising the circumstances in which
179 applicants who apply for master development approval
180 for an entire planning area must remain subject to a
181 master development order; specifying an exception;
182 deleting a provision relating to the level of review
183 for applications for master development approval;
184 amending s. 163.3246, F.S.; conforming provisions to
185 changes made by the act; conforming cross-references;
186 amending s. 189.08, F.S.; conforming a cross
187 reference; conforming a provision to changes made by
188 the act; amending s. 190.005, F.S.; conforming cross
189 references; amending ss. 190.012 and 252.363, F.S.;
190 conforming cross-references; amending s. 369.303,
191 F.S.; conforming a provision to changes made by the
192 act; amending ss. 369.307, 373.236, and 373.414, F.S.;
193 conforming cross-references; amending s. 378.601,
194 F.S.; conforming a provision to changes made by the
195 act; repealing s. 380.065, F.S., relating to a process
196 to allow local governments to request certification to
197 review developments of regional impact that are
198 located within their jurisdictions in lieu of the
199 regional review requirements; amending ss. 380.11 and
200 403.524, F.S.; conforming cross-references; repealing
201 specified rules regarding uniform review of
202 developments of regional impact by the state land
203 planning agency and regional planning agencies;
204 repealing the rules adopted by the Administration
205 Commission regarding whether two or more developments,
206 represented by their owners or developers to be
207 separate developments, shall be aggregated; providing
208 a directive to the Division of Law Revision and
209 Information; providing an effective date.
210
211 Be It Enacted by the Legislature of the State of Florida:
212
213 Section 1. Subsection (1) of section 165.0615, Florida
214 Statutes, is amended to read:
215 165.0615 Municipal conversion of independent special
216 districts upon elector-initiated and approved referendum.—
217 (1) The qualified electors of an independent special
218 district may commence a municipal conversion proceeding by
219 filing a petition with the governing body of the independent
220 special district proposed to be converted if the district meets
221 all of the following criteria:
222 (a) It was created by special act of the Legislature.
223 (b) It is designated as an improvement district and created
224 pursuant to chapter 298 or is designated as a stewardship
225 district and created pursuant to s. 189.031.
226 (c) Its governing board is elected.
227 (d) Its governing board agrees to the conversion.
228 (e) It provides at least four of the following municipal
229 services: water, sewer, solid waste, drainage, roads,
230 transportation, public works, fire and rescue, street lighting,
231 parks and recreation, or library or cultural facilities.
232 (f) No portion of the district is located within the
233 jurisdictional limits of a municipality.
234 (g) It meets the minimum population standards specified in
235 s. 165.061(1)(b).
236 Section 2. Section 380.06, Florida Statutes, is amended to
237 read:
238 380.06 Developments of regional impact.—
239 (1) DEFINITION.—The term “development of regional impact,”
240 as used in this section, means any development that which,
241 because of its character, magnitude, or location, would have a
242 substantial effect upon the health, safety, or welfare of
243 citizens of more than one county.
244 (2) STATEWIDE GUIDELINES AND STANDARDS.—
245 (a) The statewide guidelines and standards and the
246 exemptions specified in s. 380.0651 and the statewide guidelines
247 and standards adopted by the Administration Commission and
248 codified in chapter 28-24, Florida Administrative Code, must be
249 state land planning agency shall recommend to the Administration
250 Commission specific statewide guidelines and standards for
251 adoption pursuant to this subsection. The Administration
252 Commission shall by rule adopt statewide guidelines and
253 standards to be used in determining whether particular
254 developments are subject to the requirements of subsection (12)
255 shall undergo development-of-regional-impact review. The
256 statewide guidelines and standards previously adopted by the
257 Administration Commission and approved by the Legislature shall
258 remain in effect unless revised pursuant to this section or
259 superseded or repealed by statute by other provisions of law.
260 (b) In adopting its guidelines and standards, the
261 Administration Commission shall consider and shall be guided by:
262 1. The extent to which the development would create or
263 alleviate environmental problems such as air or water pollution
264 or noise.
265 2. The amount of pedestrian or vehicular traffic likely to
266 be generated.
267 3. The number of persons likely to be residents, employees,
268 or otherwise present.
269 4. The size of the site to be occupied.
270 5. The likelihood that additional or subsidiary development
271 will be generated.
272 6. The extent to which the development would create an
273 additional demand for, or additional use of, energy, including
274 the energy requirements of subsidiary developments.
275 7. The unique qualities of particular areas of the state.
276 (c) With regard to the changes in the guidelines and
277 standards authorized pursuant to this act, in determining
278 whether a proposed development must comply with the review
279 requirements of this section, the state land planning agency
280 shall apply the guidelines and standards which were in effect
281 when the developer received authorization to commence
282 development from the local government. If a developer has not
283 received authorization to commence development from the local
284 government prior to the effective date of new or amended
285 guidelines and standards, the new or amended guidelines and
286 standards shall apply.
287 (d) The statewide guidelines and standards shall be applied
288 as follows:
289 (a)1. Fixed thresholds.—
290 a. A development that is below 100 percent of all numerical
291 thresholds in the statewide guidelines and standards is not
292 subject to subsection (12) is not required to undergo
293 development-of-regional-impact review.
294 (b)b. A development that is at or above 100 120 percent of
295 any numerical threshold in the statewide guidelines and
296 standards is subject to subsection (12) shall be required to
297 undergo development-of-regional-impact review.
298 c. Projects certified under s. 403.973 which create at
299 least 100 jobs and meet the criteria of the Department of
300 Economic Opportunity as to their impact on an area’s economy,
301 employment, and prevailing wage and skill levels that are at or
302 below 100 percent of the numerical thresholds for industrial
303 plants, industrial parks, distribution, warehousing or
304 wholesaling facilities, office development or multiuse projects
305 other than residential, as described in s. 380.0651(3)(c) and
306 (f) are not required to undergo development-of-regional-impact
307 review.
308 2. Rebuttable presumption.—It shall be presumed that a
309 development that is at 100 percent or between 100 and 120
310 percent of a numerical threshold shall be required to undergo
311 development-of-regional-impact review.
312 (e) With respect to residential, hotel, motel, office, and
313 retail developments, the applicable guidelines and standards
314 shall be increased by 50 percent in urban central business
315 districts and regional activity centers of jurisdictions whose
316 local comprehensive plans are in compliance with part II of
317 chapter 163. With respect to multiuse developments, the
318 applicable individual use guidelines and standards for
319 residential, hotel, motel, office, and retail developments and
320 multiuse guidelines and standards shall be increased by 100
321 percent in urban central business districts and regional
322 activity centers of jurisdictions whose local comprehensive
323 plans are in compliance with part II of chapter 163, if one land
324 use of the multiuse development is residential and amounts to
325 not less than 35 percent of the jurisdiction’s applicable
326 residential threshold. With respect to resort or convention
327 hotel developments, the applicable guidelines and standards
328 shall be increased by 150 percent in urban central business
329 districts and regional activity centers of jurisdictions whose
330 local comprehensive plans are in compliance with part II of
331 chapter 163 and where the increase is specifically for a
332 proposed resort or convention hotel located in a county with a
333 population greater than 500,000 and the local government
334 specifically designates that the proposed resort or convention
335 hotel development will serve an existing convention center of
336 more than 250,000 gross square feet built before July 1, 1992.
337 The applicable guidelines and standards shall be increased by
338 150 percent for development in any area designated by the
339 Governor as a rural area of opportunity pursuant to s. 288.0656
340 during the effectiveness of the designation.
341 (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
342 STANDARDS.—The state land planning agency, a regional planning
343 agency, or a local government may petition the Administration
344 Commission to increase or decrease the numerical thresholds of
345 any statewide guideline and standard. The state land planning
346 agency or the regional planning agency may petition for an
347 increase or decrease for a particular local government’s
348 jurisdiction or a part of a particular jurisdiction. A local
349 government may petition for an increase or decrease within its
350 jurisdiction or a part of its jurisdiction. A number of requests
351 may be combined in a single petition.
352 (a) When a petition is filed, the state land planning
353 agency shall have no more than 180 days to prepare and submit to
354 the Administration Commission a report and recommendations on
355 the proposed variation. The report shall evaluate, and the
356 Administration Commission shall consider, the following
357 criteria:
358 1. Whether the local government has adopted and effectively
359 implemented a comprehensive plan that reflects and implements
360 the goals and objectives of an adopted state comprehensive plan.
361 2. Any applicable policies in an adopted strategic regional
362 policy plan.
363 3. Whether the local government has adopted and effectively
364 implemented both a comprehensive set of land development
365 regulations, which regulations shall include a planned unit
366 development ordinance, and a capital improvements plan that are
367 consistent with the local government comprehensive plan.
368 4. Whether the local government has adopted and effectively
369 implemented the authority and the fiscal mechanisms for
370 requiring developers to meet development order conditions.
371 5. Whether the local government has adopted and effectively
372 implemented and enforced satisfactory development review
373 procedures.
374 (b) The affected regional planning agency, adjoining local
375 governments, and the local government shall be given a
376 reasonable opportunity to submit recommendations to the
377 Administration Commission regarding any such proposed
378 variations.
379 (c) The Administration Commission shall have authority to
380 increase or decrease a threshold in the statewide guidelines and
381 standards up to 50 percent above or below the statewide
382 presumptive threshold. The commission may from time to time
383 reconsider changed thresholds and make additional variations as
384 it deems necessary.
385 (d) The Administration Commission shall adopt rules setting
386 forth the procedures for submission and review of petitions
387 filed pursuant to this subsection.
388 (e) Variations to guidelines and standards adopted by the
389 Administration Commission under this subsection shall be
390 transmitted on or before March 1 to the President of the Senate
391 and the Speaker of the House of Representatives for presentation
392 at the next regular session of the Legislature. Unless approved
393 as submitted by general law, the revisions shall not become
394 effective.
395 (3)(4) BINDING LETTER.—
396 (a) Any binding letter previously issued to a developer by
397 the state land planning agency as to If any developer is in
398 doubt whether his or her proposed development must undergo
399 development-of-regional-impact review under the guidelines and
400 standards, whether his or her rights have vested pursuant to
401 subsection (8) (20), or whether a proposed substantial change to
402 a development of regional impact concerning which rights had
403 previously vested pursuant to subsection (8) (20) would divest
404 such rights, remains valid unless it expired on or before the
405 effective date of this act the developer may request a
406 determination from the state land planning agency. The developer
407 or the appropriate local government having jurisdiction may
408 request that the state land planning agency determine whether
409 the amount of development that remains to be built in an
410 approved development of regional impact meets the criteria of
411 subparagraph (15)(g)3.
412 (b) Upon a request by the developer, a binding letter of
413 interpretation regarding which rights had previously vested in a
414 development of regional impact may be amended by the local
415 government of jurisdiction, based on standards and procedures in
416 the adopted local comprehensive plan or the adopted local land
417 development code, to reflect a change to the plan of development
418 and modification of vested rights, provided that any such
419 amendment to a binding letter of vested rights must be
420 consistent with s. 163.3167(5). Review of a request for an
421 amendment to a binding letter of vested rights may not include a
422 review of the impacts created by previously vested portions of
423 the development Unless a developer waives the requirements of
424 this paragraph by agreeing to undergo development-of-regional
425 impact review pursuant to this section, the state land planning
426 agency or local government with jurisdiction over the land on
427 which a development is proposed may require a developer to
428 obtain a binding letter if the development is at a presumptive
429 numerical threshold or up to 20 percent above a numerical
430 threshold in the guidelines and standards.
431 (c) Any local government may petition the state land
432 planning agency to require a developer of a development located
433 in an adjacent jurisdiction to obtain a binding letter of
434 interpretation. The petition shall contain facts to support a
435 finding that the development as proposed is a development of
436 regional impact. This paragraph shall not be construed to grant
437 standing to the petitioning local government to initiate an
438 administrative or judicial proceeding pursuant to this chapter.
439 (d) A request for a binding letter of interpretation shall
440 be in writing and in such form and content as prescribed by the
441 state land planning agency. Within 15 days of receiving an
442 application for a binding letter of interpretation or a
443 supplement to a pending application, the state land planning
444 agency shall determine and notify the applicant whether the
445 information in the application is sufficient to enable the
446 agency to issue a binding letter or shall request any additional
447 information needed. The applicant shall either provide the
448 additional information requested or shall notify the state land
449 planning agency in writing that the information will not be
450 supplied and the reasons therefor. If the applicant does not
451 respond to the request for additional information within 120
452 days, the application for a binding letter of interpretation
453 shall be deemed to be withdrawn. Within 35 days after
454 acknowledging receipt of a sufficient application, or of
455 receiving notification that the information will not be
456 supplied, the state land planning agency shall issue a binding
457 letter of interpretation with respect to the proposed
458 development. A binding letter of interpretation issued by the
459 state land planning agency shall bind all state, regional, and
460 local agencies, as well as the developer.
461 (e) In determining whether a proposed substantial change to
462 a development of regional impact concerning which rights had
463 previously vested pursuant to subsection (20) would divest such
464 rights, the state land planning agency shall review the proposed
465 change within the context of:
466 1. Criteria specified in paragraph (19)(b);
467 2. Its conformance with any adopted state comprehensive
468 plan and any rules of the state land planning agency;
469 3. All rights and obligations arising out of the vested
470 status of such development;
471 4. Permit conditions or requirements imposed by the
472 Department of Environmental Protection or any water management
473 district created by s. 373.069 or any of their successor
474 agencies or by any appropriate federal regulatory agency; and
475 5. Any regional impacts arising from the proposed change.
476 (f) If a proposed substantial change to a development of
477 regional impact concerning which rights had previously vested
478 pursuant to subsection (20) would result in reduced regional
479 impacts, the change shall not divest rights to complete the
480 development pursuant to subsection (20). Furthermore, where all
481 or a portion of the development of regional impact for which
482 rights had previously vested pursuant to subsection (20) is
483 demolished and reconstructed within the same approximate
484 footprint of buildings and parking lots, so that any change in
485 the size of the development does not exceed the criteria of
486 paragraph (19)(b), such demolition and reconstruction shall not
487 divest the rights which had vested.
488 (c)(g) Every binding letter determining that a proposed
489 development is not a development of regional impact, but not
490 including binding letters of vested rights or of modification of
491 vested rights, shall expire and become void unless the plan of
492 development has been substantially commenced within:
493 1. Three years from October 1, 1985, for binding letters
494 issued prior to the effective date of this act; or
495 2. Three years from the date of issuance of binding letters
496 issued on or after October 1, 1985.
497 (d)(h) The expiration date of a binding letter begins,
498 established pursuant to paragraph (g), shall begin to run after
499 final disposition of all administrative and judicial appeals of
500 the binding letter and may be extended by mutual agreement of
501 the state land planning agency, the local government of
502 jurisdiction, and the developer.
503 (e)(i) In response to an inquiry from a developer or the
504 appropriate local government having jurisdiction, the state land
505 planning agency may issue An informal determination by the state
506 land planning agency, in the form of a clearance letter as to
507 whether a development is required to undergo development-of
508 regional-impact review or whether the amount of development that
509 remains to be built in an approved development of regional
510 impact, remains valid unless it expired on or before the
511 effective date of this act meets the criteria of subparagraph
512 (15)(g)3. A clearance letter may be based solely on the
513 information provided by the developer, and the state land
514 planning agency is not required to conduct an investigation of
515 that information. If any material information provided by the
516 developer is incomplete or inaccurate, the clearance letter is
517 not binding upon the state land planning agency. A clearance
518 letter does not constitute final agency action.
519 (5) AUTHORIZATION TO DEVELOP.—
520 (a)1. A developer who is required to undergo development
521 of-regional-impact review may undertake a development of
522 regional impact if the development has been approved under the
523 requirements of this section.
524 2. If the land on which the development is proposed is
525 within an area of critical state concern, the development must
526 also be approved under the requirements of s. 380.05.
527 (b) State or regional agencies may inquire whether a
528 proposed project is undergoing or will be required to undergo
529 development-of-regional-impact review. If a project is
530 undergoing or will be required to undergo development-of
531 regional-impact review, any state or regional permit necessary
532 for the construction or operation of the project that is valid
533 for 5 years or less shall take effect, and the period of time
534 for which the permit is valid shall begin to run, upon
535 expiration of the time allowed for an administrative appeal of
536 the development or upon final action following an administrative
537 appeal or judicial review, whichever is later. However, if the
538 application for development approval is not filed within 18
539 months after the issuance of the permit, the time of validity of
540 the permit shall be considered to be from the date of issuance
541 of the permit. If a project is required to obtain a binding
542 letter under subsection (4), any state or regional agency permit
543 necessary for the construction or operation of the project that
544 is valid for 5 years or less shall take effect, and the period
545 of time for which the permit is valid shall begin to run, only
546 after the developer obtains a binding letter stating that the
547 project is not required to undergo development-of-regional
548 impact review or after the developer obtains a development order
549 pursuant to this section.
550 (c) Prior to the issuance of a final development order, the
551 developer may elect to be bound by the rules adopted pursuant to
552 chapters 373 and 403 in effect when such development order is
553 issued. The rules adopted pursuant to chapters 373 and 403 in
554 effect at the time such development order is issued shall be
555 applicable to all applications for permits pursuant to those
556 chapters and which are necessary for and consistent with the
557 development authorized in such development order, except that a
558 later adopted rule shall be applicable to an application if:
559 1. The later adopted rule is determined by the rule
560 adopting agency to be essential to the public health, safety, or
561 welfare;
562 2. The later adopted rule is adopted pursuant to s.
563 403.061(27);
564 3. The later adopted rule is being adopted pursuant to a
565 subsequently enacted statutorily mandated program;
566 4. The later adopted rule is mandated in order for the
567 state to maintain delegation of a federal program; or
568 5. The later adopted rule is required by state or federal
569 law.
570 (d) The provision of day care service facilities in
571 developments approved pursuant to this section is permissible
572 but is not required.
573
574 Further, in order for any developer to apply for permits
575 pursuant to this provision, the application must be filed within
576 5 years from the issuance of the final development order and the
577 permit shall not be effective for more than 8 years from the
578 issuance of the final development order. Nothing in this
579 paragraph shall be construed to alter or change any permitting
580 agency’s authority to approve permits or to determine applicable
581 criteria for longer periods of time.
582 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
583 PLAN AMENDMENTS.—
584 (a) Prior to undertaking any development, a developer that
585 is required to undergo development-of-regional-impact review
586 shall file an application for development approval with the
587 appropriate local government having jurisdiction. The
588 application shall contain, in addition to such other matters as
589 may be required, a statement that the developer proposes to
590 undertake a development of regional impact as required under
591 this section.
592 (b) Any local government comprehensive plan amendments
593 related to a proposed development of regional impact, including
594 any changes proposed under subsection (19), may be initiated by
595 a local planning agency or the developer and must be considered
596 by the local governing body at the same time as the application
597 for development approval using the procedures provided for local
598 plan amendment in s. 163.3184 and applicable local ordinances,
599 without regard to local limits on the frequency of consideration
600 of amendments to the local comprehensive plan. This paragraph
601 does not require favorable consideration of a plan amendment
602 solely because it is related to a development of regional
603 impact. The procedure for processing such comprehensive plan
604 amendments is as follows:
605 1. If a developer seeks a comprehensive plan amendment
606 related to a development of regional impact, the developer must
607 so notify in writing the regional planning agency, the
608 applicable local government, and the state land planning agency
609 no later than the date of preapplication conference or the
610 submission of the proposed change under subsection (19).
611 2. When filing the application for development approval or
612 the proposed change, the developer must include a written
613 request for comprehensive plan amendments that would be
614 necessitated by the development-of-regional-impact approvals
615 sought. That request must include data and analysis upon which
616 the applicable local government can determine whether to
617 transmit the comprehensive plan amendment pursuant to s.
618 163.3184.
619 3. The local government must advertise a public hearing on
620 the transmittal within 30 days after filing the application for
621 development approval or the proposed change and must make a
622 determination on the transmittal within 60 days after the
623 initial filing unless that time is extended by the developer.
624 4. If the local government approves the transmittal,
625 procedures set forth in s. 163.3184 must be followed.
626 5. Notwithstanding subsection (11) or subsection (19), the
627 local government may not hold a public hearing on the
628 application for development approval or the proposed change or
629 on the comprehensive plan amendments sooner than 30 days after
630 reviewing agency comments are due to the local government
631 pursuant to s. 163.3184.
632 6. The local government must hear both the application for
633 development approval or the proposed change and the
634 comprehensive plan amendments at the same hearing. However, the
635 local government must take action separately on the application
636 for development approval or the proposed change and on the
637 comprehensive plan amendments.
638 7. Thereafter, the appeal process for the local government
639 development order must follow the provisions of s. 380.07, and
640 the compliance process for the comprehensive plan amendments
641 must follow the provisions of s. 163.3184.
642 (7) PREAPPLICATION PROCEDURES.—
643 (a) Before filing an application for development approval,
644 the developer shall contact the regional planning agency having
645 jurisdiction over the proposed development to arrange a
646 preapplication conference. Upon the request of the developer or
647 the regional planning agency, other affected state and regional
648 agencies shall participate in this conference and shall identify
649 the types of permits issued by the agencies, the level of
650 information required, and the permit issuance procedures as
651 applied to the proposed development. The levels of service
652 required in the transportation methodology shall be the same
653 levels of service used to evaluate concurrency in accordance
654 with s. 163.3180. The regional planning agency shall provide the
655 developer information about the development-of-regional-impact
656 process and the use of preapplication conferences to identify
657 issues, coordinate appropriate state and local agency
658 requirements, and otherwise promote a proper and efficient
659 review of the proposed development. If an agreement is reached
660 regarding assumptions and methodology to be used in the
661 application for development approval, the reviewing agencies may
662 not subsequently object to those assumptions and methodologies
663 unless subsequent changes to the project or information obtained
664 during the review make those assumptions and methodologies
665 inappropriate. The reviewing agencies may make only
666 recommendations or comments regarding a proposed development
667 which are consistent with the statutes, rules, or adopted local
668 government ordinances that are applicable to developments in the
669 jurisdiction where the proposed development is located.
670 (b) The regional planning agency shall establish by rule a
671 procedure by which a developer may enter into binding written
672 agreements with the regional planning agency to eliminate
673 questions from the application for development approval when
674 those questions are found to be unnecessary for development-of
675 regional-impact review. It is the legislative intent of this
676 subsection to encourage reduction of paperwork, to discourage
677 unnecessary gathering of data, and to encourage the coordination
678 of the development-of-regional-impact review process with
679 federal, state, and local environmental reviews when such
680 reviews are required by law.
681 (c) If the application for development approval is not
682 submitted within 1 year after the date of the preapplication
683 conference, the regional planning agency, the local government
684 having jurisdiction, or the applicant may request that another
685 preapplication conference be held.
686 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
687 (a) A developer may enter into a written preliminary
688 development agreement with the state land planning agency to
689 allow a developer to proceed with a limited amount of the total
690 proposed development, subject to all other governmental
691 approvals and solely at the developer’s own risk, prior to
692 issuance of a final development order. All owners of the land in
693 the total proposed development shall join the developer as
694 parties to the agreement. Each agreement shall include and be
695 subject to the following conditions:
696 1. The developer shall comply with the preapplication
697 conference requirements pursuant to subsection (7) within 45
698 days after the execution of the agreement.
699 2. The developer shall file an application for development
700 approval for the total proposed development within 3 months
701 after execution of the agreement, unless the state land planning
702 agency agrees to a different time for good cause shown. Failure
703 to timely file an application and to otherwise diligently
704 proceed in good faith to obtain a final development order shall
705 constitute a breach of the preliminary development agreement.
706 3. The agreement shall include maps and legal descriptions
707 of both the preliminary development area and the total proposed
708 development area and shall specifically describe the preliminary
709 development in terms of magnitude and location. The area
710 approved for preliminary development must be included in the
711 application for development approval and shall be subject to the
712 terms and conditions of the final development order.
713 4. The preliminary development shall be limited to lands
714 that the state land planning agency agrees are suitable for
715 development and shall only be allowed in areas where adequate
716 public infrastructure exists to accommodate the preliminary
717 development, when such development will utilize public
718 infrastructure. The developer must also demonstrate that the
719 preliminary development will not result in material adverse
720 impacts to existing resources or existing or planned facilities.
721 5. The preliminary development agreement may allow
722 development which is:
723 a. Less than 100 percent of any applicable threshold if the
724 developer demonstrates that such development is consistent with
725 subparagraph 4.; or
726 b. Less than 120 percent of any applicable threshold if the
727 developer demonstrates that such development is part of a
728 proposed downtown development of regional impact specified in
729 subsection (22) or part of any areawide development of regional
730 impact specified in subsection (25) and that the development is
731 consistent with subparagraph 4.
732 6. The developer and owners of the land may not claim
733 vested rights, or assert equitable estoppel, arising from the
734 agreement or any expenditures or actions taken in reliance on
735 the agreement to continue with the total proposed development
736 beyond the preliminary development. The agreement shall not
737 entitle the developer to a final development order approving the
738 total proposed development or to particular conditions in a
739 final development order.
740 7. The agreement shall not prohibit the regional planning
741 agency from reviewing or commenting on any regional issue that
742 the regional agency determines should be included in the
743 regional agency’s report on the application for development
744 approval.
745 8. The agreement shall include a disclosure by the
746 developer and all the owners of the land in the total proposed
747 development of all land or development within 5 miles of the
748 total proposed development in which they have an interest and
749 shall describe such interest.
750 9. In the event of a breach of the agreement or failure to
751 comply with any condition of the agreement, or if the agreement
752 was based on materially inaccurate information, the state land
753 planning agency may terminate the agreement or file suit to
754 enforce the agreement as provided in this section and s. 380.11,
755 including a suit to enjoin all development.
756 10. A notice of the preliminary development agreement shall
757 be recorded by the developer in accordance with s. 28.222 with
758 the clerk of the circuit court for each county in which land
759 covered by the terms of the agreement is located. The notice
760 shall include a legal description of the land covered by the
761 agreement and shall state the parties to the agreement, the date
762 of adoption of the agreement and any subsequent amendments, the
763 location where the agreement may be examined, and that the
764 agreement constitutes a land development regulation applicable
765 to portions of the land covered by the agreement. The provisions
766 of the agreement shall inure to the benefit of and be binding
767 upon successors and assigns of the parties in the agreement.
768 11. Except for those agreements which authorize preliminary
769 development for substantial deviations pursuant to subsection
770 (19), a developer who no longer wishes to pursue a development
771 of regional impact may propose to abandon any preliminary
772 development agreement executed after January 1, 1985, including
773 those pursuant to s. 380.032(3), provided at the time of
774 abandonment:
775 a. A final development order under this section has been
776 rendered that approves all of the development actually
777 constructed; or
778 b. The amount of development is less than 100 percent of
779 all numerical thresholds of the guidelines and standards, and
780 the state land planning agency determines in writing that the
781 development to date is in compliance with all applicable local
782 regulations and the terms and conditions of the preliminary
783 development agreement and otherwise adequately mitigates for the
784 impacts of the development to date.
785
786 In either event, when a developer proposes to abandon said
787 agreement, the developer shall give written notice and state
788 that he or she is no longer proposing a development of regional
789 impact and provide adequate documentation that he or she has met
790 the criteria for abandonment of the agreement to the state land
791 planning agency. Within 30 days of receipt of adequate
792 documentation of such notice, the state land planning agency
793 shall make its determination as to whether or not the developer
794 meets the criteria for abandonment. Once the state land planning
795 agency determines that the developer meets the criteria for
796 abandonment, the state land planning agency shall issue a notice
797 of abandonment which shall be recorded by the developer in
798 accordance with s. 28.222 with the clerk of the circuit court
799 for each county in which land covered by the terms of the
800 agreement is located.
801 (b) The state land planning agency may enter into other
802 types of agreements to effectuate the provisions of this act as
803 provided in s. 380.032.
804 (c) The provisions of this subsection shall also be
805 available to a developer who chooses to seek development
806 approval of a Florida Quality Development pursuant to s.
807 380.061.
808 (9) CONCEPTUAL AGENCY REVIEW.—
809 (a)1. In order to facilitate the planning and preparation
810 of permit applications for projects that undergo development-of
811 regional-impact review, and in order to coordinate the
812 information required to issue such permits, a developer may
813 elect to request conceptual agency review under this subsection
814 either concurrently with development-of-regional-impact review
815 and comprehensive plan amendments, if applicable, or subsequent
816 to a preapplication conference held pursuant to subsection (7).
817 2. “Conceptual agency review” means general review of the
818 proposed location, densities, intensity of use, character, and
819 major design features of a proposed development required to
820 undergo review under this section for the purpose of considering
821 whether these aspects of the proposed development comply with
822 the issuing agency’s statutes and rules.
823 3. Conceptual agency review is a licensing action subject
824 to chapter 120, and approval or denial constitutes final agency
825 action, except that the 90-day time period specified in s.
826 120.60(1) shall be tolled for the agency when the affected
827 regional planning agency requests information from the developer
828 pursuant to paragraph (10)(b). If proposed agency action on the
829 conceptual approval is the subject of a proceeding under ss.
830 120.569 and 120.57, final agency action shall be conclusive as
831 to any issues actually raised and adjudicated in the proceeding,
832 and such issues may not be raised in any subsequent proceeding
833 under ss. 120.569 and 120.57 on the proposed development by any
834 parties to the prior proceeding.
835 4. A conceptual agency review approval shall be valid for
836 up to 10 years, unless otherwise provided in a state or regional
837 agency rule, and may be reviewed and reissued for additional
838 periods of time under procedures established by the agency.
839 (b) The Department of Environmental Protection, each water
840 management district, and each other state or regional agency
841 that requires construction or operation permits shall establish
842 by rule a set of procedures necessary for conceptual agency
843 review for the following permitting activities within their
844 respective regulatory jurisdictions:
845 1. The construction and operation of potential sources of
846 water pollution, including industrial wastewater, domestic
847 wastewater, and stormwater.
848 2. Dredging and filling activities.
849 3. The management and storage of surface waters.
850 4. The construction and operation of works of the district,
851 only if a conceptual agency review approval is requested under
852 subparagraph 3.
853
854 Any state or regional agency may establish rules for conceptual
855 agency review for any other permitting activities within its
856 respective regulatory jurisdiction.
857 (c)1. Each agency participating in conceptual agency
858 reviews shall determine and establish by rule its information
859 and application requirements and furnish these requirements to
860 the state land planning agency and to any developer seeking
861 conceptual agency review under this subsection.
862 2. Each agency shall cooperate with the state land planning
863 agency to standardize, to the extent possible, review
864 procedures, data requirements, and data collection methodologies
865 among all participating agencies, consistent with the
866 requirements of the statutes that establish the permitting
867 programs for each agency.
868 (d) At the conclusion of the conceptual agency review, the
869 agency shall give notice of its proposed agency action as
870 required by s. 120.60(3) and shall forward a copy of the notice
871 to the appropriate regional planning council with a report
872 setting out the agency’s conclusions on potential development
873 impacts and stating whether the agency intends to grant
874 conceptual approval, with or without conditions, or to deny
875 conceptual approval. If the agency intends to deny conceptual
876 approval, the report shall state the reasons therefor. The
877 agency may require the developer to publish notice of proposed
878 agency action in accordance with s. 403.815.
879 (e) An agency’s decision to grant conceptual approval shall
880 not relieve the developer of the requirement to obtain a permit
881 and to meet the standards for issuance of a construction or
882 operation permit or to meet the agency’s information
883 requirements for such a permit. Nevertheless, there shall be a
884 rebuttable presumption that the developer is entitled to receive
885 a construction or operation permit for an activity for which the
886 agency granted conceptual review approval, to the extent that
887 the project for which the applicant seeks a permit is in
888 accordance with the conceptual approval and with the agency’s
889 standards and criteria for issuing a construction or operation
890 permit. The agency may revoke or appropriately modify a valid
891 conceptual approval if the agency shows:
892 1. That an applicant or his or her agent has submitted
893 materially false or inaccurate information in the application
894 for conceptual approval;
895 2. That the developer has violated a condition of the
896 conceptual approval; or
897 3. That the development will cause a violation of the
898 agency’s applicable laws or rules.
899 (f) Nothing contained in this subsection shall modify or
900 abridge the law of vested rights or estoppel.
901 (g) Nothing contained in this subsection shall be construed
902 to preclude an agency from adopting rules for conceptual review
903 for developments which are not developments of regional impact.
904 (10) APPLICATION; SUFFICIENCY.—
905 (a) When an application for development approval is filed
906 with a local government, the developer shall also send copies of
907 the application to the appropriate regional planning agency and
908 the state land planning agency.
909 (b) If a regional planning agency determines that the
910 application for development approval is insufficient for the
911 agency to discharge its responsibilities under subsection (12),
912 it shall provide in writing to the appropriate local government
913 and the applicant a statement of any additional information
914 desired within 30 days of the receipt of the application by the
915 regional planning agency. The applicant may supply the
916 information requested by the regional planning agency and shall
917 communicate its intention to do so in writing to the appropriate
918 local government and the regional planning agency within 5
919 working days of the receipt of the statement requesting such
920 information, or the applicant shall notify the appropriate local
921 government and the regional planning agency in writing that the
922 requested information will not be supplied. Within 30 days after
923 receipt of such additional information, the regional planning
924 agency shall review it and may request only that information
925 needed to clarify the additional information or to answer new
926 questions raised by, or directly related to, the additional
927 information. The regional planning agency may request additional
928 information no more than twice, unless the developer waives this
929 limitation. If an applicant does not provide the information
930 requested by a regional planning agency within 120 days of its
931 request, or within a time agreed upon by the applicant and the
932 regional planning agency, the application shall be considered
933 withdrawn.
934 (c) The regional planning agency shall notify the local
935 government that a public hearing date may be set when the
936 regional planning agency determines that the application is
937 sufficient or when it receives notification from the developer
938 that the additional requested information will not be supplied,
939 as provided for in paragraph (b).
940 (11) LOCAL NOTICE.—Upon receipt of the sufficiency
941 notification from the regional planning agency required by
942 paragraph (10)(c), the appropriate local government shall give
943 notice and hold a public hearing on the application in the same
944 manner as for a rezoning as provided under the appropriate
945 special or local law or ordinance, except that such hearing
946 proceedings shall be recorded by tape or a certified court
947 reporter and made available for transcription at the expense of
948 any interested party. When a development of regional impact is
949 proposed within the jurisdiction of more than one local
950 government, the local governments, at the request of the
951 developer, may hold a joint public hearing. The local government
952 shall comply with the following additional requirements:
953 (a) The notice of public hearing shall state that the
954 proposed development is undergoing a development-of-regional
955 impact review.
956 (b) The notice shall be published at least 60 days in
957 advance of the hearing and shall specify where the information
958 and reports on the development-of-regional-impact application
959 may be reviewed.
960 (c) The notice shall be given to the state land planning
961 agency, to the applicable regional planning agency, to any state
962 or regional permitting agency participating in a conceptual
963 agency review process under subsection (9), and to such other
964 persons as may have been designated by the state land planning
965 agency as entitled to receive such notices.
966 (d) A public hearing date shall be set by the appropriate
967 local government at the next scheduled meeting. The public
968 hearing shall be held no later than 90 days after issuance of
969 notice by the regional planning agency that a public hearing may
970 be set, unless an extension is requested by the applicant.
971 (12) REGIONAL REPORTS.—
972 (a) Within 50 days after receipt of the notice of public
973 hearing required in paragraph (11)(c), the regional planning
974 agency, if one has been designated for the area including the
975 local government, shall prepare and submit to the local
976 government a report and recommendations on the regional impact
977 of the proposed development. In preparing its report and
978 recommendations, the regional planning agency shall identify
979 regional issues based upon the following review criteria and
980 make recommendations to the local government on these regional
981 issues, specifically considering whether, and the extent to
982 which:
983 1. The development will have a favorable or unfavorable
984 impact on state or regional resources or facilities identified
985 in the applicable state or regional plans. As used in this
986 subsection, the term “applicable state plan” means the state
987 comprehensive plan. As used in this subsection, the term
988 “applicable regional plan” means an adopted strategic regional
989 policy plan.
990 2. The development will significantly impact adjacent
991 jurisdictions. At the request of the appropriate local
992 government, regional planning agencies may also review and
993 comment upon issues that affect only the requesting local
994 government.
995 3. As one of the issues considered in the review in
996 subparagraphs 1. and 2., the development will favorably or
997 adversely affect the ability of people to find adequate housing
998 reasonably accessible to their places of employment if the
999 regional planning agency has adopted an affordable housing
1000 policy as part of its strategic regional policy plan. The
1001 determination should take into account information on factors
1002 that are relevant to the availability of reasonably accessible
1003 adequate housing. Adequate housing means housing that is
1004 available for occupancy and that is not substandard.
1005 (b) The regional planning agency report must contain
1006 recommendations that are consistent with the standards required
1007 by the applicable state permitting agencies or the water
1008 management district.
1009 (c) At the request of the regional planning agency, other
1010 appropriate agencies shall review the proposed development and
1011 shall prepare reports and recommendations on issues that are
1012 clearly within the jurisdiction of those agencies. Such agency
1013 reports shall become part of the regional planning agency
1014 report; however, the regional planning agency may attach
1015 dissenting views. When water management district and Department
1016 of Environmental Protection permits have been issued pursuant to
1017 chapter 373 or chapter 403, the regional planning council may
1018 comment on the regional implications of the permits but may not
1019 offer conflicting recommendations.
1020 (d) The regional planning agency shall afford the developer
1021 or any substantially affected party reasonable opportunity to
1022 present evidence to the regional planning agency head relating
1023 to the proposed regional agency report and recommendations.
1024 (e) If the location of a proposed development involves land
1025 within the boundaries of multiple regional planning councils,
1026 the state land planning agency shall designate a lead regional
1027 planning council. The lead regional planning council shall
1028 prepare the regional report.
1029 (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
1030 development is in an area of critical state concern, the local
1031 government shall approve it only if it complies with the land
1032 development regulations therefor under s. 380.05 and the
1033 provisions of this section. The provisions of this section shall
1034 not apply to developments in areas of critical state concern
1035 which had pending applications and had been noticed or agendaed
1036 by local government after September 1, 1985, and before October
1037 1, 1985, for development order approval. In all such cases, the
1038 state land planning agency may consider and address applicable
1039 regional issues contained in subsection (12) as part of its
1040 area-of-critical-state-concern review pursuant to ss. 380.05,
1041 380.07, and 380.11.
1042 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
1043 the development is not located in an area of critical state
1044 concern, in considering whether the development is approved,
1045 denied, or approved subject to conditions, restrictions, or
1046 limitations, the local government shall consider whether, and
1047 the extent to which:
1048 (a) The development is consistent with the local
1049 comprehensive plan and local land development regulations.
1050 (b) The development is consistent with the report and
1051 recommendations of the regional planning agency submitted
1052 pursuant to subsection (12).
1053 (c) The development is consistent with the State
1054 Comprehensive Plan. In consistency determinations, the plan
1055 shall be construed and applied in accordance with s. 187.101(3).
1056
1057 However, a local government may approve a change to a
1058 development authorized as a development of regional impact if
1059 the change has the effect of reducing the originally approved
1060 height, density, or intensity of the development and if the
1061 revised development would have been consistent with the
1062 comprehensive plan in effect when the development was originally
1063 approved. If the revised development is approved, the developer
1064 may proceed as provided in s. 163.3167(5).
1065 (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
1066 (a) Notwithstanding any provision of any adopted local
1067 comprehensive plan or adopted local government land development
1068 regulation to the contrary, an amendment to a development order
1069 for an approved development of regional impact adopted pursuant
1070 to subsection (7) may not amend to an earlier date the
1071 appropriate local government shall render a decision on the
1072 application within 30 days after the hearing unless an extension
1073 is requested by the developer.
1074 (b) When possible, local governments shall issue
1075 development orders concurrently with any other local permits or
1076 development approvals that may be applicable to the proposed
1077 development.
1078 (c) The development order shall include findings of fact
1079 and conclusions of law consistent with subsections (13) and
1080 (14). The development order:
1081 1. Shall specify the monitoring procedures and the local
1082 official responsible for assuring compliance by the developer
1083 with the development order.
1084 2. Shall establish compliance dates for the development
1085 order, including a deadline for commencing physical development
1086 and for compliance with conditions of approval or phasing
1087 requirements, and shall include a buildout date that reasonably
1088 reflects the time anticipated to complete the development.
1089 3. Shall establish a date until when which the local
1090 government agrees that the approved development of regional
1091 impact will shall not be subject to downzoning, unit density
1092 reduction, or intensity reduction, unless the local government
1093 can demonstrate that substantial changes in the conditions
1094 underlying the approval of the development order have occurred
1095 or the development order was based on substantially inaccurate
1096 information provided by the developer or that the change is
1097 clearly established by local government to be essential to the
1098 public health, safety, or welfare. The date established pursuant
1099 to this paragraph may not be subparagraph shall be no sooner
1100 than the buildout date of the project.
1101 4. Shall specify the requirements for the biennial report
1102 designated under subsection (18), including the date of
1103 submission, parties to whom the report is submitted, and
1104 contents of the report, based upon the rules adopted by the
1105 state land planning agency. Such rules shall specify the scope
1106 of any additional local requirements that may be necessary for
1107 the report.
1108 5. May specify the types of changes to the development
1109 which shall require submission for a substantial deviation
1110 determination or a notice of proposed change under subsection
1111 (19).
1112 6. Shall include a legal description of the property.
1113 (d) Conditions of a development order that require a
1114 developer to contribute land for a public facility or construct,
1115 expand, or pay for land acquisition or construction or expansion
1116 of a public facility, or portion thereof, shall meet the
1117 following criteria:
1118 1. The need to construct new facilities or add to the
1119 present system of public facilities must be reasonably
1120 attributable to the proposed development.
1121 2. Any contribution of funds, land, or public facilities
1122 required from the developer shall be comparable to the amount of
1123 funds, land, or public facilities that the state or the local
1124 government would reasonably expect to expend or provide, based
1125 on projected costs of comparable projects, to mitigate the
1126 impacts reasonably attributable to the proposed development.
1127 3. Any funds or lands contributed must be expressly
1128 designated and used to mitigate impacts reasonably attributable
1129 to the proposed development.
1130 4. Construction or expansion of a public facility by a
1131 nongovernmental developer as a condition of a development order
1132 to mitigate the impacts reasonably attributable to the proposed
1133 development is not subject to competitive bidding or competitive
1134 negotiation for selection of a contractor or design professional
1135 for any part of the construction or design.
1136 (b)(e)1. A local government may shall not include, as a
1137 development order condition for a development of regional
1138 impact, any requirement that a developer contribute or pay for
1139 land acquisition or construction or expansion of public
1140 facilities or portions thereof unless the local government has
1141 enacted a local ordinance which requires other development not
1142 subject to this section to contribute its proportionate share of
1143 the funds, land, or public facilities necessary to accommodate
1144 any impacts having a rational nexus to the proposed development,
1145 and the need to construct new facilities or add to the present
1146 system of public facilities must be reasonably attributable to
1147 the proposed development.
1148 2. Selection of a contractor or design professional for any
1149 aspect of construction or design related to the construction or
1150 expansion of a public facility by a nongovernmental developer
1151 which is undertaken as a condition of a development order to
1152 mitigate the impacts reasonably attributable to the proposed
1153 development is not subject to competitive bidding or competitive
1154 negotiation A local government shall not approve a development
1155 of regional impact that does not make adequate provision for the
1156 public facilities needed to accommodate the impacts of the
1157 proposed development unless the local government includes in the
1158 development order a commitment by the local government to
1159 provide these facilities consistently with the development
1160 schedule approved in the development order; however, a local
1161 government’s failure to meet the requirements of subparagraph 1.
1162 and this subparagraph shall not preclude the issuance of a
1163 development order where adequate provision is made by the
1164 developer for the public facilities needed to accommodate the
1165 impacts of the proposed development. Any funds or lands
1166 contributed by a developer must be expressly designated and used
1167 to accommodate impacts reasonably attributable to the proposed
1168 development.
1169 3. The Department of Economic Opportunity and other state
1170 and regional agencies involved in the administration and
1171 implementation of this act shall cooperate and work with units
1172 of local government in preparing and adopting local impact fee
1173 and other contribution ordinances.
1174 (c)(f) Notice of the adoption of an amendment a development
1175 order or the subsequent amendments to an adopted development
1176 order shall be recorded by the developer, in accordance with s.
1177 28.222, with the clerk of the circuit court for each county in
1178 which the development is located. The notice shall include a
1179 legal description of the property covered by the order and shall
1180 state which unit of local government adopted the development
1181 order, the date of adoption, the date of adoption of any
1182 amendments to the development order, the location where the
1183 adopted order with any amendments may be examined, and that the
1184 development order constitutes a land development regulation
1185 applicable to the property. The recording of this notice does
1186 shall not constitute a lien, cloud, or encumbrance on real
1187 property, or actual or constructive notice of any such lien,
1188 cloud, or encumbrance. This paragraph applies only to
1189 developments initially approved under this section after July 1,
1190 1980. If the local government of jurisdiction rescinds a
1191 development order for an approved development of regional impact
1192 pursuant to s. 380.115, the developer may record notice of the
1193 rescission.
1194 (d)(g) Any agreement entered into by the state land
1195 planning agency, the developer, and the A local government with
1196 respect to an approved development of regional impact previously
1197 classified as essentially built out, or any other official
1198 determination that an approved development of regional impact is
1199 essentially built out, remains valid unless it expired on or
1200 before the effective date of this act. may not issue a permit
1201 for a development subsequent to the buildout date contained in
1202 the development order unless:
1203 1. The proposed development has been evaluated cumulatively
1204 with existing development under the substantial deviation
1205 provisions of subsection (19) after the termination or
1206 expiration date;
1207 2. The proposed development is consistent with an
1208 abandonment of development order that has been issued in
1209 accordance with subsection (26);
1210 3. The development of regional impact is essentially built
1211 out, in that all the mitigation requirements in the development
1212 order have been satisfied, all developers are in compliance with
1213 all applicable terms and conditions of the development order
1214 except the buildout date, and the amount of proposed development
1215 that remains to be built is less than 40 percent of any
1216 applicable development-of-regional-impact threshold; or
1217 4. The project has been determined to be an essentially
1218 built-out development of regional impact through an agreement
1219 executed by the developer, the state land planning agency, and
1220 the local government, in accordance with s. 380.032, which will
1221 establish the terms and conditions under which the development
1222 may be continued. If the project is determined to be essentially
1223 built out, development may proceed pursuant to the s. 380.032
1224 agreement after the termination or expiration date contained in
1225 the development order without further development-of-regional
1226 impact review subject to the local government comprehensive plan
1227 and land development regulations. The parties may amend the
1228 agreement without submission, review, or approval of a
1229 notification of proposed change pursuant to subsection (19). For
1230 the purposes of this paragraph, a development of regional impact
1231 is considered essentially built out, if:
1232 a. The developers are in compliance with all applicable
1233 terms and conditions of the development order except the
1234 buildout date or reporting requirements; and
1235 b.(I) The amount of development that remains to be built is
1236 less than the substantial deviation threshold specified in
1237 paragraph (19)(b) for each individual land use category, or, for
1238 a multiuse development, the sum total of all unbuilt land uses
1239 as a percentage of the applicable substantial deviation
1240 threshold is equal to or less than 100 percent; or
1241 (II) The state land planning agency and the local
1242 government have agreed in writing that the amount of development
1243 to be built does not create the likelihood of any additional
1244 regional impact not previously reviewed.
1245
1246 The single-family residential portions of a development may be
1247 considered essentially built out if all of the workforce housing
1248 obligations and all of the infrastructure and horizontal
1249 development have been completed, at least 50 percent of the
1250 dwelling units have been completed, and more than 80 percent of
1251 the lots have been conveyed to third-party individual lot owners
1252 or to individual builders who own no more than 40 lots at the
1253 time of the determination. The mobile home park portions of a
1254 development may be considered essentially built out if all the
1255 infrastructure and horizontal development has been completed,
1256 and at least 50 percent of the lots are leased to individual
1257 mobile home owners. In order to accommodate changing market
1258 demands and achieve maximum land use efficiency in an
1259 essentially built out project, when a developer is building out
1260 a project, a local government, without the concurrence of the
1261 state land planning agency, may adopt a resolution authorizing
1262 the developer to exchange one approved land use for another
1263 approved land use as specified in the agreement. Before the
1264 issuance of a building permit pursuant to an exchange, the
1265 developer must demonstrate to the local government that the
1266 exchange ratio will not result in a net increase in impacts to
1267 public facilities and will meet all applicable requirements of
1268 the comprehensive plan and land development code. For
1269 developments previously determined to impact strategic
1270 intermodal facilities as defined in s. 339.63, the local
1271 government shall consult with the Department of Transportation
1272 before approving the exchange.
1273 (h) If the property is annexed by another local
1274 jurisdiction, the annexing jurisdiction shall adopt a new
1275 development order that incorporates all previous rights and
1276 obligations specified in the prior development order.
1277 (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
1278 (a) Notwithstanding any provision of an adopted local
1279 comprehensive plan or adopted local government land development
1280 regulations to the contrary, the adoption of an amendment to a
1281 development order for an approved development of regional impact
1282 pursuant to subsection (7) does not diminish or otherwise alter
1283 any credits for a development order exaction or fee as against
1284 impact fees, mobility fees, or exactions when such credits are
1285 based upon the developer’s contribution of land or a public
1286 facility or the construction, expansion, or payment for land
1287 acquisition or construction or expansion of a public facility,
1288 or a portion thereof If the development order requires the
1289 developer to contribute land or a public facility or construct,
1290 expand, or pay for land acquisition or construction or expansion
1291 of a public facility, or portion thereof, and the developer is
1292 also subject by local ordinance to impact fees or exactions to
1293 meet the same needs, the local government shall establish and
1294 implement a procedure that credits a development order exaction
1295 or fee toward an impact fee or exaction imposed by local
1296 ordinance for the same need; however, if the Florida Land and
1297 Water Adjudicatory Commission imposes any additional
1298 requirement, the local government shall not be required to grant
1299 a credit toward the local exaction or impact fee unless the
1300 local government determines that such required contribution,
1301 payment, or construction meets the same need that the local
1302 exaction or impact fee would address. The nongovernmental
1303 developer need not be required, by virtue of this credit, to
1304 competitively bid or negotiate any part of the construction or
1305 design of the facility, unless otherwise requested by the local
1306 government.
1307 (b) If the local government imposes or increases an impact
1308 fee, mobility fee, or exaction by local ordinance after a
1309 development order has been issued, the developer may petition
1310 the local government, and the local government shall modify the
1311 affected provisions of the development order to give the
1312 developer credit for any contribution of land for a public
1313 facility, or construction, expansion, or contribution of funds
1314 for land acquisition or construction or expansion of a public
1315 facility, or a portion thereof, required by the development
1316 order toward an impact fee or exaction for the same need.
1317 (c) Any The local government and the developer may enter
1318 into capital contribution front-ending agreement entered into by
1319 a local government and a developer which is still in effect as
1320 of the effective date of this act agreements as part of a
1321 development-of-regional-impact development order to reimburse
1322 the developer, or the developer’s successor, for voluntary
1323 contributions paid in excess of his or her fair share remains
1324 valid.
1325 (d) This subsection does not apply to internal, onsite
1326 facilities required by local regulations or to any offsite
1327 facilities to the extent that such facilities are necessary to
1328 provide safe and adequate services to the development.
1329 (17) LOCAL MONITORING.—The local government issuing the
1330 development order is primarily responsible for monitoring the
1331 development and enforcing the provisions of the development
1332 order. Local governments shall not issue any permits or
1333 approvals or provide any extensions of services if the developer
1334 fails to act in substantial compliance with the development
1335 order.
1336 (6)(18) BIENNIAL REPORTS.—Notwithstanding any condition in
1337 a development order for an approved development of regional
1338 impact, the developer is not required to shall submit an annual
1339 or a biennial report on the development of regional impact to
1340 the local government, the regional planning agency, the state
1341 land planning agency, and all affected permit agencies in
1342 alternate years on the date specified in the development order,
1343 unless required to do so by the local government that has
1344 jurisdiction over the development. The penalty for failure to
1345 file such a required report is as prescribed by the local
1346 government development order by its terms requires more frequent
1347 monitoring. If the report is not received, the state land
1348 planning agency shall notify the local government. If the local
1349 government does not receive the report or receives notification
1350 that the state land planning agency has not received the report,
1351 the local government shall request in writing that the developer
1352 submit the report within 30 days. The failure to submit the
1353 report after 30 days shall result in the temporary suspension of
1354 the development order by the local government. If no additional
1355 development pursuant to the development order has occurred since
1356 the submission of the previous report, then a letter from the
1357 developer stating that no development has occurred shall satisfy
1358 the requirement for a report. Development orders that require
1359 annual reports may be amended to require biennial reports at the
1360 option of the local government.
1361 (7)(19) CHANGES SUBSTANTIAL DEVIATIONS.—
1362 (a) Notwithstanding any provision to the contrary in any
1363 development order, agreement, local comprehensive plan, or local
1364 land development regulation, any proposed change to a previously
1365 approved development of regional impact must be reviewed by the
1366 local government based on the standards and procedures in its
1367 adopted local comprehensive plan and adopted local land
1368 development regulations, including, but not limited to,
1369 procedures for notice to the applicant and the public regarding
1370 the issuance of development orders. However, a change to a
1371 development of regional impact that has the effect of reducing
1372 the originally approved height, density, or intensity of the
1373 development must be reviewed by the local government based on
1374 the standards in the local comprehensive plan at the time the
1375 development was originally approved, and if the development
1376 would have been consistent with the comprehensive plan in effect
1377 when the development was originally approved, the local
1378 government may approve the change. If the revised development is
1379 approved, the developer may proceed as provided in s.
1380 163.3167(5). For any proposed change to a previously approved
1381 development of regional impact, at least one public hearing must
1382 be held on the application for change, and any change must be
1383 approved by the local governing body before it becomes
1384 effective. The review must abide by any prior agreements or
1385 other actions vesting the laws and policies governing the
1386 development. Development within the previously approved
1387 development of regional impact may continue, as approved, during
1388 the review in portions of the development which are not directly
1389 affected by the proposed change which creates a reasonable
1390 likelihood of additional regional impact, or any type of
1391 regional impact created by the change not previously reviewed by
1392 the regional planning agency, shall constitute a substantial
1393 deviation and shall cause the proposed change to be subject to
1394 further development-of-regional-impact review. There are a
1395 variety of reasons why a developer may wish to propose changes
1396 to an approved development of regional impact, including changed
1397 market conditions. The procedures set forth in this subsection
1398 are for that purpose.
1399 (b) The local government shall either adopt an amendment to
1400 the development order that approves the application, with or
1401 without conditions, or deny the application for the proposed
1402 change. Any new conditions in the amendment to the development
1403 order issued by the local government may address only those
1404 impacts directly created by the proposed change, and must be
1405 consistent with s. 163.3180(5), the adopted comprehensive plan,
1406 and adopted land development regulations. Changes to a phase
1407 date, buildout date, expiration date, or termination date may
1408 also extend any required mitigation associated with a phased
1409 construction project so that mitigation takes place in the same
1410 timeframe relative to the impacts as approved Any proposed
1411 change to a previously approved development of regional impact
1412 or development order condition which, either individually or
1413 cumulatively with other changes, exceeds any of the criteria in
1414 subparagraphs 1.-11. constitutes a substantial deviation and
1415 shall cause the development to be subject to further
1416 development-of-regional-impact review through the notice of
1417 proposed change process under this section.
1418 1. An increase in the number of parking spaces at an
1419 attraction or recreational facility by 15 percent or 500 spaces,
1420 whichever is greater, or an increase in the number of spectators
1421 that may be accommodated at such a facility by 15 percent or
1422 1,500 spectators, whichever is greater.
1423 2. A new runway, a new terminal facility, a 25 percent
1424 lengthening of an existing runway, or a 25 percent increase in
1425 the number of gates of an existing terminal, but only if the
1426 increase adds at least three additional gates.
1427 3. An increase in land area for office development by 15
1428 percent or an increase of gross floor area of office development
1429 by 15 percent or 100,000 gross square feet, whichever is
1430 greater.
1431 4. An increase in the number of dwelling units by 10
1432 percent or 55 dwelling units, whichever is greater.
1433 5. An increase in the number of dwelling units by 50
1434 percent or 200 units, whichever is greater, provided that 15
1435 percent of the proposed additional dwelling units are dedicated
1436 to affordable workforce housing, subject to a recorded land use
1437 restriction that shall be for a period of not less than 20 years
1438 and that includes resale provisions to ensure long-term
1439 affordability for income-eligible homeowners and renters and
1440 provisions for the workforce housing to be commenced before the
1441 completion of 50 percent of the market rate dwelling. For
1442 purposes of this subparagraph, the term “affordable workforce
1443 housing” means housing that is affordable to a person who earns
1444 less than 120 percent of the area median income, or less than
1445 140 percent of the area median income if located in a county in
1446 which the median purchase price for a single-family existing
1447 home exceeds the statewide median purchase price of a single
1448 family existing home. For purposes of this subparagraph, the
1449 term “statewide median purchase price of a single-family
1450 existing home” means the statewide purchase price as determined
1451 in the Florida Sales Report, Single-Family Existing Homes,
1452 released each January by the Florida Association of Realtors and
1453 the University of Florida Real Estate Research Center.
1454 6. An increase in commercial development by 60,000 square
1455 feet of gross floor area or of parking spaces provided for
1456 customers for 425 cars or a 10 percent increase, whichever is
1457 greater.
1458 7. An increase in a recreational vehicle park area by 10
1459 percent or 110 vehicle spaces, whichever is less.
1460 8. A decrease in the area set aside for open space of 5
1461 percent or 20 acres, whichever is less.
1462 9. A proposed increase to an approved multiuse development
1463 of regional impact where the sum of the increases of each land
1464 use as a percentage of the applicable substantial deviation
1465 criteria is equal to or exceeds 110 percent. The percentage of
1466 any decrease in the amount of open space shall be treated as an
1467 increase for purposes of determining when 110 percent has been
1468 reached or exceeded.
1469 10. A 15 percent increase in the number of external vehicle
1470 trips generated by the development above that which was
1471 projected during the original development-of-regional-impact
1472 review.
1473 11. Any change that would result in development of any area
1474 which was specifically set aside in the application for
1475 development approval or in the development order for
1476 preservation or special protection of endangered or threatened
1477 plants or animals designated as endangered, threatened, or
1478 species of special concern and their habitat, any species
1479 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1480 archaeological and historical sites designated as significant by
1481 the Division of Historical Resources of the Department of State.
1482 The refinement of the boundaries and configuration of such areas
1483 shall be considered under sub-subparagraph (e)2.j.
1484
1485 The substantial deviation numerical standards in subparagraphs
1486 3., 6., and 9., excluding residential uses, and in subparagraph
1487 10., are increased by 100 percent for a project certified under
1488 s. 403.973 which creates jobs and meets criteria established by
1489 the Department of Economic Opportunity as to its impact on an
1490 area’s economy, employment, and prevailing wage and skill
1491 levels. The substantial deviation numerical standards in
1492 subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
1493 percent for a project located wholly within an urban infill and
1494 redevelopment area designated on the applicable adopted local
1495 comprehensive plan future land use map and not located within
1496 the coastal high hazard area.
1497 (c) This section is not intended to alter or otherwise
1498 limit the extension, previously granted by statute, of a
1499 commencement, buildout, phase, termination, or expiration date
1500 in any development order for an approved development of regional
1501 impact and any corresponding modification of a related permit or
1502 agreement. Any such extension is not subject to review or
1503 modification in any future amendment to a development order
1504 pursuant to the adopted local comprehensive plan and adopted
1505 local land development regulations An extension of the date of
1506 buildout of a development, or any phase thereof, by more than 7
1507 years is presumed to create a substantial deviation subject to
1508 further development-of-regional-impact review.
1509 1. An extension of the date of buildout, or any phase
1510 thereof, of more than 5 years but not more than 7 years is
1511 presumed not to create a substantial deviation. The extension of
1512 the date of buildout of an areawide development of regional
1513 impact by more than 5 years but less than 10 years is presumed
1514 not to create a substantial deviation. These presumptions may be
1515 rebutted by clear and convincing evidence at the public hearing
1516 held by the local government. An extension of 5 years or less is
1517 not a substantial deviation.
1518 2. In recognition of the 2011 real estate market
1519 conditions, at the option of the developer, all commencement,
1520 phase, buildout, and expiration dates for projects that are
1521 currently valid developments of regional impact are extended for
1522 4 years regardless of any previous extension. Associated
1523 mitigation requirements are extended for the same period unless,
1524 before December 1, 2011, a governmental entity notifies a
1525 developer that has commenced any construction within the phase
1526 for which the mitigation is required that the local government
1527 has entered into a contract for construction of a facility with
1528 funds to be provided from the development’s mitigation funds for
1529 that phase as specified in the development order or written
1530 agreement with the developer. The 4-year extension is not a
1531 substantial deviation, is not subject to further development-of
1532 regional-impact review, and may not be considered when
1533 determining whether a subsequent extension is a substantial
1534 deviation under this subsection. The developer must notify the
1535 local government in writing by December 31, 2011, in order to
1536 receive the 4-year extension.
1537
1538 For the purpose of calculating when a buildout or phase date has
1539 been exceeded, the time shall be tolled during the pendency of
1540 administrative or judicial proceedings relating to development
1541 permits. Any extension of the buildout date of a project or a
1542 phase thereof shall automatically extend the commencement date
1543 of the project, the termination date of the development order,
1544 the expiration date of the development of regional impact, and
1545 the phases thereof if applicable by a like period of time.
1546 (d) A change in the plan of development of an approved
1547 development of regional impact resulting from requirements
1548 imposed by the Department of Environmental Protection or any
1549 water management district created by s. 373.069 or any of their
1550 successor agencies or by any appropriate federal regulatory
1551 agency shall be submitted to the local government pursuant to
1552 this subsection. The change shall be presumed not to create a
1553 substantial deviation subject to further development-of
1554 regional-impact review. The presumption may be rebutted by clear
1555 and convincing evidence at the public hearing held by the local
1556 government.
1557 (e)1. Except for a development order rendered pursuant to
1558 subsection (22) or subsection (25), a proposed change to a
1559 development order which individually or cumulatively with any
1560 previous change is less than any numerical criterion contained
1561 in subparagraphs (b)1.-10. and does not exceed any other
1562 criterion, or which involves an extension of the buildout date
1563 of a development, or any phase thereof, of less than 5 years is
1564 not subject to the public hearing requirements of subparagraph
1565 (f)3., and is not subject to a determination pursuant to
1566 subparagraph (f)5. Notice of the proposed change shall be made
1567 to the regional planning council and the state land planning
1568 agency. Such notice must include a description of previous
1569 individual changes made to the development, including changes
1570 previously approved by the local government, and must include
1571 appropriate amendments to the development order.
1572 2. The following changes, individually or cumulatively with
1573 any previous changes, are not substantial deviations:
1574 a. Changes in the name of the project, developer, owner, or
1575 monitoring official.
1576 b. Changes to a setback which do not affect noise buffers,
1577 environmental protection or mitigation areas, or archaeological
1578 or historical resources.
1579 c. Changes to minimum lot sizes.
1580 d. Changes in the configuration of internal roads which do
1581 not affect external access points.
1582 e. Changes to the building design or orientation which stay
1583 approximately within the approved area designated for such
1584 building and parking lot, and which do not affect historical
1585 buildings designated as significant by the Division of
1586 Historical Resources of the Department of State.
1587 f. Changes to increase the acreage in the development, if
1588 no development is proposed on the acreage to be added.
1589 g. Changes to eliminate an approved land use, if there are
1590 no additional regional impacts.
1591 h. Changes required to conform to permits approved by any
1592 federal, state, or regional permitting agency, if these changes
1593 do not create additional regional impacts.
1594 i. Any renovation or redevelopment of development within a
1595 previously approved development of regional impact which does
1596 not change land use or increase density or intensity of use.
1597 j. Changes that modify boundaries and configuration of
1598 areas described in subparagraph (b)11. due to science-based
1599 refinement of such areas by survey, by habitat evaluation, by
1600 other recognized assessment methodology, or by an environmental
1601 assessment. In order for changes to qualify under this sub
1602 subparagraph, the survey, habitat evaluation, or assessment must
1603 occur before the time that a conservation easement protecting
1604 such lands is recorded and must not result in any net decrease
1605 in the total acreage of the lands specifically set aside for
1606 permanent preservation in the final development order.
1607 k. Changes that do not increase the number of external peak
1608 hour trips and do not reduce open space and conserved areas
1609 within the project except as otherwise permitted by sub
1610 subparagraph j.
1611 l. A phase date extension, if the state land planning
1612 agency, in consultation with the regional planning council and
1613 subject to the written concurrence of the Department of
1614 Transportation, agrees that the traffic impact is not
1615 significant and adverse under applicable state agency rules.
1616 m. Any other change that the state land planning agency, in
1617 consultation with the regional planning council, agrees in
1618 writing is similar in nature, impact, or character to the
1619 changes enumerated in sub-subparagraphs a.-l. and that does not
1620 create the likelihood of any additional regional impact.
1621
1622 This subsection does not require the filing of a notice of
1623 proposed change but requires an application to the local
1624 government to amend the development order in accordance with the
1625 local government’s procedures for amendment of a development
1626 order. In accordance with the local government’s procedures,
1627 including requirements for notice to the applicant and the
1628 public, the local government shall either deny the application
1629 for amendment or adopt an amendment to the development order
1630 which approves the application with or without conditions.
1631 Following adoption, the local government shall render to the
1632 state land planning agency the amendment to the development
1633 order. The state land planning agency may appeal, pursuant to s.
1634 380.07(3), the amendment to the development order if the
1635 amendment involves sub-subparagraph g., sub-subparagraph h.,
1636 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
1637 and if the agency believes that the change creates a reasonable
1638 likelihood of new or additional regional impacts.
1639 3. Except for the change authorized by sub-subparagraph
1640 2.f., any addition of land not previously reviewed or any change
1641 not specified in paragraph (b) or paragraph (c) shall be
1642 presumed to create a substantial deviation. This presumption may
1643 be rebutted by clear and convincing evidence.
1644 4. Any submittal of a proposed change to a previously
1645 approved development must include a description of individual
1646 changes previously made to the development, including changes
1647 previously approved by the local government. The local
1648 government shall consider the previous and current proposed
1649 changes in deciding whether such changes cumulatively constitute
1650 a substantial deviation requiring further development-of
1651 regional-impact review.
1652 5. The following changes to an approved development of
1653 regional impact shall be presumed to create a substantial
1654 deviation. Such presumption may be rebutted by clear and
1655 convincing evidence:
1656 a. A change proposed for 15 percent or more of the acreage
1657 to a land use not previously approved in the development order.
1658 Changes of less than 15 percent shall be presumed not to create
1659 a substantial deviation.
1660 b. Notwithstanding any provision of paragraph (b) to the
1661 contrary, a proposed change consisting of simultaneous increases
1662 and decreases of at least two of the uses within an authorized
1663 multiuse development of regional impact which was originally
1664 approved with three or more uses specified in s. 380.0651(3)(c)
1665 and (d) and residential use.
1666 6. If a local government agrees to a proposed change, a
1667 change in the transportation proportionate share calculation and
1668 mitigation plan in an adopted development order as a result of
1669 recalculation of the proportionate share contribution meeting
1670 the requirements of s. 163.3180(5)(h) in effect as of the date
1671 of such change shall be presumed not to create a substantial
1672 deviation. For purposes of this subsection, the proposed change
1673 in the proportionate share calculation or mitigation plan may
1674 not be considered an additional regional transportation impact.
1675 (f)1. The state land planning agency shall establish by
1676 rule standard forms for submittal of proposed changes to a
1677 previously approved development of regional impact which may
1678 require further development-of-regional-impact review. At a
1679 minimum, the standard form shall require the developer to
1680 provide the precise language that the developer proposes to
1681 delete or add as an amendment to the development order.
1682 2. The developer shall submit, simultaneously, to the local
1683 government, the regional planning agency, and the state land
1684 planning agency the request for approval of a proposed change.
1685 3. No sooner than 30 days but no later than 45 days after
1686 submittal by the developer to the local government, the state
1687 land planning agency, and the appropriate regional planning
1688 agency, the local government shall give 15 days’ notice and
1689 schedule a public hearing to consider the change that the
1690 developer asserts does not create a substantial deviation. This
1691 public hearing shall be held within 60 days after submittal of
1692 the proposed changes, unless that time is extended by the
1693 developer.
1694 4. The appropriate regional planning agency or the state
1695 land planning agency shall review the proposed change and, no
1696 later than 45 days after submittal by the developer of the
1697 proposed change, unless that time is extended by the developer,
1698 and prior to the public hearing at which the proposed change is
1699 to be considered, shall advise the local government in writing
1700 whether it objects to the proposed change, shall specify the
1701 reasons for its objection, if any, and shall provide a copy to
1702 the developer.
1703 5. At the public hearing, the local government shall
1704 determine whether the proposed change requires further
1705 development-of-regional-impact review. The provisions of
1706 paragraphs (a) and (e), the thresholds set forth in paragraph
1707 (b), and the presumptions set forth in paragraphs (c) and (d)
1708 and subparagraph (e)3. shall be applicable in determining
1709 whether further development-of-regional-impact review is
1710 required. The local government may also deny the proposed change
1711 based on matters relating to local issues, such as if the land
1712 on which the change is sought is plat restricted in a way that
1713 would be incompatible with the proposed change, and the local
1714 government does not wish to change the plat restriction as part
1715 of the proposed change.
1716 6. If the local government determines that the proposed
1717 change does not require further development-of-regional-impact
1718 review and is otherwise approved, or if the proposed change is
1719 not subject to a hearing and determination pursuant to
1720 subparagraphs 3. and 5. and is otherwise approved, the local
1721 government shall issue an amendment to the development order
1722 incorporating the approved change and conditions of approval
1723 relating to the change. The requirement that a change be
1724 otherwise approved shall not be construed to require additional
1725 local review or approval if the change is allowed by applicable
1726 local ordinances without further local review or approval. The
1727 decision of the local government to approve, with or without
1728 conditions, or to deny the proposed change that the developer
1729 asserts does not require further review shall be subject to the
1730 appeal provisions of s. 380.07. However, the state land planning
1731 agency may not appeal the local government decision if it did
1732 not comply with subparagraph 4. The state land planning agency
1733 may not appeal a change to a development order made pursuant to
1734 subparagraph (e)1. or subparagraph (e)2. for developments of
1735 regional impact approved after January 1, 1980, unless the
1736 change would result in a significant impact to a regionally
1737 significant archaeological, historical, or natural resource not
1738 previously identified in the original development-of-regional
1739 impact review.
1740 (g) If a proposed change requires further development-of
1741 regional-impact review pursuant to this section, the review
1742 shall be conducted subject to the following additional
1743 conditions:
1744 1. The development-of-regional-impact review conducted by
1745 the appropriate regional planning agency shall address only
1746 those issues raised by the proposed change except as provided in
1747 subparagraph 2.
1748 2. The regional planning agency shall consider, and the
1749 local government shall determine whether to approve, approve
1750 with conditions, or deny the proposed change as it relates to
1751 the entire development. If the local government determines that
1752 the proposed change, as it relates to the entire development, is
1753 unacceptable, the local government shall deny the change.
1754 3. If the local government determines that the proposed
1755 change should be approved, any new conditions in the amendment
1756 to the development order issued by the local government shall
1757 address only those issues raised by the proposed change and
1758 require mitigation only for the individual and cumulative
1759 impacts of the proposed change.
1760 4. Development within the previously approved development
1761 of regional impact may continue, as approved, during the
1762 development-of-regional-impact review in those portions of the
1763 development which are not directly affected by the proposed
1764 change.
1765 (h) When further development-of-regional-impact review is
1766 required because a substantial deviation has been determined or
1767 admitted by the developer, the amendment to the development
1768 order issued by the local government shall be consistent with
1769 the requirements of subsection (15) and shall be subject to the
1770 hearing and appeal provisions of s. 380.07. The state land
1771 planning agency or the appropriate regional planning agency need
1772 not participate at the local hearing in order to appeal a local
1773 government development order issued pursuant to this paragraph.
1774 (i) An increase in the number of residential dwelling units
1775 shall not constitute a substantial deviation and shall not be
1776 subject to development-of-regional-impact review for additional
1777 impacts, provided that all the residential dwelling units are
1778 dedicated to affordable workforce housing and the total number
1779 of new residential units does not exceed 200 percent of the
1780 substantial deviation threshold. The affordable workforce
1781 housing shall be subject to a recorded land use restriction that
1782 shall be for a period of not less than 20 years and that
1783 includes resale provisions to ensure long-term affordability for
1784 income-eligible homeowners and renters. For purposes of this
1785 paragraph, the term “affordable workforce housing” means housing
1786 that is affordable to a person who earns less than 120 percent
1787 of the area median income, or less than 140 percent of the area
1788 median income if located in a county in which the median
1789 purchase price for a single-family existing home exceeds the
1790 statewide median purchase price of a single-family existing
1791 home. For purposes of this paragraph, the term “statewide median
1792 purchase price of a single-family existing home” means the
1793 statewide purchase price as determined in the Florida Sales
1794 Report, Single-Family Existing Homes, released each January by
1795 the Florida Association of Realtors and the University of
1796 Florida Real Estate Research Center.
1797 (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
1798 or modify the rights of any person to complete any development
1799 that was authorized by registration of a subdivision pursuant to
1800 former chapter 498, by recordation pursuant to local subdivision
1801 plat law, or by a building permit or other authorization to
1802 commence development on which there has been reliance and a
1803 change of position and which registration or recordation was
1804 accomplished, or which permit or authorization was issued, prior
1805 to July 1, 1973. If a developer has, by his or her actions in
1806 reliance on prior regulations, obtained vested or other legal
1807 rights that in law would have prevented a local government from
1808 changing those regulations in a way adverse to the developer’s
1809 interests, nothing in this chapter authorizes any governmental
1810 agency to abridge those rights.
1811 (a) For the purpose of determining the vesting of rights
1812 under this subsection, approval pursuant to local subdivision
1813 plat law, ordinances, or regulations of a subdivision plat by
1814 formal vote of a county or municipal governmental body having
1815 jurisdiction after August 1, 1967, and prior to July 1, 1973, is
1816 sufficient to vest all property rights for the purposes of this
1817 subsection; and no action in reliance on, or change of position
1818 concerning, such local governmental approval is required for
1819 vesting to take place. Anyone claiming vested rights under this
1820 paragraph must notify the department in writing by January 1,
1821 1986. Such notification shall include information adequate to
1822 document the rights established by this subsection. When such
1823 notification requirements are met, in order for the vested
1824 rights authorized pursuant to this paragraph to remain valid
1825 after June 30, 1990, development of the vested plan must be
1826 commenced prior to that date upon the property that the state
1827 land planning agency has determined to have acquired vested
1828 rights following the notification or in a binding letter of
1829 interpretation. When the notification requirements have not been
1830 met, the vested rights authorized by this paragraph shall expire
1831 June 30, 1986, unless development commenced prior to that date.
1832 (b) For the purpose of this act, the conveyance of, or the
1833 agreement to convey, property to the county, state, or local
1834 government as a prerequisite to zoning change approval shall be
1835 construed as an act of reliance to vest rights as determined
1836 under this subsection, provided such zoning change is actually
1837 granted by such government.
1838 (9)(21) VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
1839 DEVELOPMENT ORDER.—
1840 (a) Any agreement previously entered into by a developer, a
1841 regional planning agency, and a local government regarding If a
1842 development project that includes two or more developments of
1843 regional impact and was the subject of, a developer may file a
1844 comprehensive development-of-regional-impact application remains
1845 valid unless it expired on or before the effective date of this
1846 act.
1847 (b) If a proposed development is planned for development
1848 over an extended period of time, the developer may file an
1849 application for master development approval of the project and
1850 agree to present subsequent increments of the development for
1851 preconstruction review. This agreement shall be entered into by
1852 the developer, the regional planning agency, and the appropriate
1853 local government having jurisdiction. The provisions of
1854 subsection (9) do not apply to this subsection, except that a
1855 developer may elect to utilize the review process established in
1856 subsection (9) for review of the increments of a master plan.
1857 1. Prior to adoption of the master plan development order,
1858 the developer, the landowner, the appropriate regional planning
1859 agency, and the local government having jurisdiction shall
1860 review the draft of the development order to ensure that
1861 anticipated regional impacts have been adequately addressed and
1862 that information requirements for subsequent incremental
1863 application review are clearly defined. The development order
1864 for a master application shall specify the information which
1865 must be submitted with an incremental application and shall
1866 identify those issues which can result in the denial of an
1867 incremental application.
1868 2. The review of subsequent incremental applications shall
1869 be limited to that information specifically required and those
1870 issues specifically raised by the master development order,
1871 unless substantial changes in the conditions underlying the
1872 approval of the master plan development order are demonstrated
1873 or the master development order is shown to have been based on
1874 substantially inaccurate information.
1875 (c) The state land planning agency, by rule, shall
1876 establish uniform procedures to implement this subsection.
1877 (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
1878 (a) A downtown development authority may submit a
1879 development-of-regional-impact application for development
1880 approval pursuant to this section. The area described in the
1881 application may consist of any or all of the land over which a
1882 downtown development authority has the power described in s.
1883 380.031(5). For the purposes of this subsection, a downtown
1884 development authority shall be considered the developer whether
1885 or not the development will be undertaken by the downtown
1886 development authority.
1887 (b) In addition to information required by the development
1888 of-regional-impact application, the application for development
1889 approval submitted by a downtown development authority shall
1890 specify the total amount of development planned for each land
1891 use category. In addition to the requirements of subsection
1892 (15), the development order shall specify the amount of
1893 development approved within each land use category. Development
1894 undertaken in conformance with a development order issued under
1895 this section does not require further review.
1896 (c) If a development is proposed within the area of a
1897 downtown development plan approved pursuant to this section
1898 which would result in development in excess of the amount
1899 specified in the development order for that type of activity,
1900 changes shall be subject to the provisions of subsection (19),
1901 except that the percentages and numerical criteria shall be
1902 double those listed in paragraph (19)(b).
1903 (d) The provisions of subsection (9) do not apply to this
1904 subsection.
1905 (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
1906 (a) The state land planning agency shall adopt rules to
1907 ensure uniform review of developments of regional impact by the
1908 state land planning agency and regional planning agencies under
1909 this section. These rules shall be adopted pursuant to chapter
1910 120 and shall include all forms, application content, and review
1911 guidelines necessary to implement development-of-regional-impact
1912 reviews. The state land planning agency, in consultation with
1913 the regional planning agencies, may also designate types of
1914 development or areas suitable for development in which reduced
1915 information requirements for development-of-regional-impact
1916 review shall apply.
1917 (b) Regional planning agencies shall be subject to rules
1918 adopted by the state land planning agency. At the request of a
1919 regional planning council, the state land planning agency may
1920 adopt by rule different standards for a specific comprehensive
1921 planning district upon a finding that the statewide standard is
1922 inadequate to protect or promote the regional interest at issue.
1923 If such a regional standard is adopted by the state land
1924 planning agency, the regional standard shall be applied to all
1925 pertinent development-of-regional-impact reviews conducted in
1926 that region until rescinded.
1927 (c) Within 6 months of the effective date of this section,
1928 the state land planning agency shall adopt rules which:
1929 1. Establish uniform statewide standards for development
1930 of-regional-impact review.
1931 2. Establish a short application for development approval
1932 form which eliminates issues and questions for any project in a
1933 jurisdiction with an adopted local comprehensive plan that is in
1934 compliance.
1935 (d) Regional planning agencies that perform development-of
1936 regional-impact and Florida Quality Development review are
1937 authorized to assess and collect fees to fund the costs, direct
1938 and indirect, of conducting the review process. The state land
1939 planning agency shall adopt rules to provide uniform criteria
1940 for the assessment and collection of such fees. The rules
1941 providing uniform criteria shall not be subject to rule
1942 challenge under s. 120.56(2) or to drawout proceedings under s.
1943 120.54(3)(c)2., but, once adopted, shall be subject to an
1944 invalidity challenge under s. 120.56(3) by substantially
1945 affected persons. Until the state land planning agency adopts a
1946 rule implementing this paragraph, rules of the regional planning
1947 councils currently in effect regarding fees shall remain in
1948 effect. Fees may vary in relation to the type and size of a
1949 proposed project, but shall not exceed $75,000, unless the state
1950 land planning agency, after reviewing any disputed expenses
1951 charged by the regional planning agency, determines that said
1952 expenses were reasonable and necessary for an adequate regional
1953 review of the impacts of a project.
1954 (24) STATUTORY EXEMPTIONS.—
1955 (a) Any proposed hospital is exempt from this section.
1956 (b) Any proposed electrical transmission line or electrical
1957 power plant is exempt from this section.
1958 (c) Any proposed addition to an existing sports facility
1959 complex is exempt from this section if the addition meets the
1960 following characteristics:
1961 1. It would not operate concurrently with the scheduled
1962 hours of operation of the existing facility.
1963 2. Its seating capacity would be no more than 75 percent of
1964 the capacity of the existing facility.
1965 3. The sports facility complex property is owned by a
1966 public body before July 1, 1983.
1967
1968 This exemption does not apply to any pari-mutuel facility.
1969 (d) Any proposed addition or cumulative additions
1970 subsequent to July 1, 1988, to an existing sports facility
1971 complex owned by a state university is exempt if the increased
1972 seating capacity of the complex is no more than 30 percent of
1973 the capacity of the existing facility.
1974 (e) Any addition of permanent seats or parking spaces for
1975 an existing sports facility located on property owned by a
1976 public body before July 1, 1973, is exempt from this section if
1977 future additions do not expand existing permanent seating or
1978 parking capacity more than 15 percent annually in excess of the
1979 prior year’s capacity.
1980 (f) Any increase in the seating capacity of an existing
1981 sports facility having a permanent seating capacity of at least
1982 50,000 spectators is exempt from this section, provided that
1983 such an increase does not increase permanent seating capacity by
1984 more than 5 percent per year and not to exceed a total of 10
1985 percent in any 5-year period, and provided that the sports
1986 facility notifies the appropriate local government within which
1987 the facility is located of the increase at least 6 months before
1988 the initial use of the increased seating, in order to permit the
1989 appropriate local government to develop a traffic management
1990 plan for the traffic generated by the increase. Any traffic
1991 management plan shall be consistent with the local comprehensive
1992 plan, the regional policy plan, and the state comprehensive
1993 plan.
1994 (g) Any expansion in the permanent seating capacity or
1995 additional improved parking facilities of an existing sports
1996 facility is exempt from this section, if the following
1997 conditions exist:
1998 1.a. The sports facility had a permanent seating capacity
1999 on January 1, 1991, of at least 41,000 spectator seats;
2000 b. The sum of such expansions in permanent seating capacity
2001 does not exceed a total of 10 percent in any 5-year period and
2002 does not exceed a cumulative total of 20 percent for any such
2003 expansions; or
2004 c. The increase in additional improved parking facilities
2005 is a one-time addition and does not exceed 3,500 parking spaces
2006 serving the sports facility; and
2007 2. The local government having jurisdiction of the sports
2008 facility includes in the development order or development permit
2009 approving such expansion under this paragraph a finding of fact
2010 that the proposed expansion is consistent with the
2011 transportation, water, sewer and stormwater drainage provisions
2012 of the approved local comprehensive plan and local land
2013 development regulations relating to those provisions.
2014
2015 Any owner or developer who intends to rely on this statutory
2016 exemption shall provide to the department a copy of the local
2017 government application for a development permit. Within 45 days
2018 after receipt of the application, the department shall render to
2019 the local government an advisory and nonbinding opinion, in
2020 writing, stating whether, in the department’s opinion, the
2021 prescribed conditions exist for an exemption under this
2022 paragraph. The local government shall render the development
2023 order approving each such expansion to the department. The
2024 owner, developer, or department may appeal the local government
2025 development order pursuant to s. 380.07, within 45 days after
2026 the order is rendered. The scope of review shall be limited to
2027 the determination of whether the conditions prescribed in this
2028 paragraph exist. If any sports facility expansion undergoes
2029 development-of-regional-impact review, all previous expansions
2030 which were exempt under this paragraph shall be included in the
2031 development-of-regional-impact review.
2032 (h) Expansion to port harbors, spoil disposal sites,
2033 navigation channels, turning basins, harbor berths, and other
2034 related inwater harbor facilities of ports listed in s.
2035 403.021(9)(b), port transportation facilities and projects
2036 listed in s. 311.07(3)(b), and intermodal transportation
2037 facilities identified pursuant to s. 311.09(3) are exempt from
2038 this section when such expansions, projects, or facilities are
2039 consistent with comprehensive master plans that are in
2040 compliance with s. 163.3178.
2041 (i) Any proposed facility for the storage of any petroleum
2042 product or any expansion of an existing facility is exempt from
2043 this section.
2044 (j) Any renovation or redevelopment within the same land
2045 parcel which does not change land use or increase density or
2046 intensity of use.
2047 (k) Waterport and marina development, including dry storage
2048 facilities, are exempt from this section.
2049 (l) Any proposed development within an urban service
2050 boundary established under s. 163.3177(14), Florida Statutes
2051 (2010), which is not otherwise exempt pursuant to subsection
2052 (29), is exempt from this section if the local government having
2053 jurisdiction over the area where the development is proposed has
2054 adopted the urban service boundary and has entered into a
2055 binding agreement with jurisdictions that would be impacted and
2056 with the Department of Transportation regarding the mitigation
2057 of impacts on state and regional transportation facilities.
2058 (m) Any proposed development within a rural land
2059 stewardship area created under s. 163.3248.
2060 (n) The establishment, relocation, or expansion of any
2061 military installation as defined in s. 163.3175, is exempt from
2062 this section.
2063 (o) Any self-storage warehousing that does not allow retail
2064 or other services is exempt from this section.
2065 (p) Any proposed nursing home or assisted living facility
2066 is exempt from this section.
2067 (q) Any development identified in an airport master plan
2068 and adopted into the comprehensive plan pursuant to s.
2069 163.3177(6)(b)4. is exempt from this section.
2070 (r) Any development identified in a campus master plan and
2071 adopted pursuant to s. 1013.30 is exempt from this section.
2072 (s) Any development in a detailed specific area plan which
2073 is prepared and adopted pursuant to s. 163.3245 is exempt from
2074 this section.
2075 (t) Any proposed solid mineral mine and any proposed
2076 addition to, expansion of, or change to an existing solid
2077 mineral mine is exempt from this section. A mine owner will
2078 enter into a binding agreement with the Department of
2079 Transportation to mitigate impacts to strategic intermodal
2080 system facilities pursuant to the transportation thresholds in
2081 subsection (19) or rule 9J-2.045(6), Florida Administrative
2082 Code. Proposed changes to any previously approved solid mineral
2083 mine development-of-regional-impact development orders having
2084 vested rights are is not subject to further review or approval
2085 as a development-of-regional-impact or notice-of-proposed-change
2086 review or approval pursuant to subsection (19), except for those
2087 applications pending as of July 1, 2011, which shall be governed
2088 by s. 380.115(2). Notwithstanding the foregoing, however,
2089 pursuant to s. 380.115(1), previously approved solid mineral
2090 mine development-of-regional-impact development orders shall
2091 continue to enjoy vested rights and continue to be effective
2092 unless rescinded by the developer. All local government
2093 regulations of proposed solid mineral mines shall be applicable
2094 to any new solid mineral mine or to any proposed addition to,
2095 expansion of, or change to an existing solid mineral mine.
2096 (u) Notwithstanding any provisions in an agreement with or
2097 among a local government, regional agency, or the state land
2098 planning agency or in a local government’s comprehensive plan to
2099 the contrary, a project no longer subject to development-of
2100 regional-impact review under revised thresholds is not required
2101 to undergo such review.
2102 (v) Any development within a county with a research and
2103 education authority created by special act and that is also
2104 within a research and development park that is operated or
2105 managed by a research and development authority pursuant to part
2106 V of chapter 159 is exempt from this section.
2107 (w) Any development in an energy economic zone designated
2108 pursuant to s. 377.809 is exempt from this section upon approval
2109 by its local governing body.
2110 (x) Any proposed development that is located in a local
2111 government jurisdiction that does not qualify for an exemption
2112 based on the population and density criteria in paragraph
2113 (29)(a), that is approved as a comprehensive plan amendment
2114 adopted pursuant to s. 163.3184(4), and that is the subject of
2115 an agreement pursuant to s. 288.106(5) is exempt from this
2116 section. This exemption shall only be effective upon a written
2117 agreement executed by the applicant, the local government, and
2118 the state land planning agency. The state land planning agency
2119 shall only be a party to the agreement upon a determination that
2120 the development is the subject of an agreement pursuant to s.
2121 288.106(5) and that the local government has the capacity to
2122 adequately assess the impacts of the proposed development. The
2123 local government shall only be a party to the agreement upon
2124 approval by the governing body of the local government and upon
2125 providing at least 21 days’ notice to adjacent local governments
2126 that includes, at a minimum, information regarding the location,
2127 density and intensity of use, and timing of the proposed
2128 development. This exemption does not apply to areas within the
2129 boundary of any area of critical state concern designated
2130 pursuant to s. 380.05, within the boundary of the Wekiva Study
2131 Area as described in s. 369.316, or within 2 miles of the
2132 boundary of the Everglades Protection Area as defined in s.
2133 373.4592(2).
2134
2135 If a use is exempt from review as a development of regional
2136 impact under paragraphs (a)-(u), but will be part of a larger
2137 project that is subject to review as a development of regional
2138 impact, the impact of the exempt use must be included in the
2139 review of the larger project, unless such exempt use involves a
2140 development of regional impact that includes a landowner,
2141 tenant, or user that has entered into a funding agreement with
2142 the Department of Economic Opportunity under the Innovation
2143 Incentive Program and the agreement contemplates a state award
2144 of at least $50 million.
2145 (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
2146 (a) Any approval of an authorized developer for may submit
2147 an areawide development of regional impact remains valid unless
2148 it expired on or before the effective date of this act. to be
2149 reviewed pursuant to the procedures and standards set forth in
2150 this section. The areawide development-of-regional-impact review
2151 shall include an areawide development plan in addition to any
2152 other information required under this section. After review and
2153 approval of an areawide development of regional impact under
2154 this section, all development within the defined planning area
2155 shall conform to the approved areawide development plan and
2156 development order. Individual developments that conform to the
2157 approved areawide development plan shall not be required to
2158 undergo further development-of-regional-impact review, unless
2159 otherwise provided in the development order. As used in this
2160 subsection, the term:
2161 1. “Areawide development plan” means a plan of development
2162 that, at a minimum:
2163 a. Encompasses a defined planning area approved pursuant to
2164 this subsection that will include at least two or more
2165 developments;
2166 b. Maps and defines the land uses proposed, including the
2167 amount of development by use and development phasing;
2168 c. Integrates a capital improvements program for
2169 transportation and other public facilities to ensure development
2170 staging contingent on availability of facilities and services;
2171 d. Incorporates land development regulation, covenants, and
2172 other restrictions adequate to protect resources and facilities
2173 of regional and state significance; and
2174 e. Specifies responsibilities and identifies the mechanisms
2175 for carrying out all commitments in the areawide development
2176 plan and for compliance with all conditions of any areawide
2177 development order.
2178 2. “Developer” means any person or association of persons,
2179 including a governmental agency as defined in s. 380.031(6),
2180 that petitions for authorization to file an application for
2181 development approval for an areawide development plan.
2182 (b) A developer may petition for authorization to submit a
2183 proposed areawide development of regional impact for a defined
2184 planning area in accordance with the following requirements:
2185 1. A petition shall be submitted to the local government,
2186 the regional planning agency, and the state land planning
2187 agency.
2188 2. A public hearing or joint public hearing shall be held
2189 if required by paragraph (e), with appropriate notice, before
2190 the affected local government.
2191 3. The state land planning agency shall apply the following
2192 criteria for evaluating a petition:
2193 a. Whether the developer is financially capable of
2194 processing the application for development approval through
2195 final approval pursuant to this section.
2196 b. Whether the defined planning area and anticipated
2197 development therein appear to be of a character, magnitude, and
2198 location that a proposed areawide development plan would be in
2199 the public interest. Any public interest determination under
2200 this criterion is preliminary and not binding on the state land
2201 planning agency, regional planning agency, or local government.
2202 4. The state land planning agency shall develop and make
2203 available standard forms for petitions and applications for
2204 development approval for use under this subsection.
2205 (c) Any person may submit a petition to a local government
2206 having jurisdiction over an area to be developed, requesting
2207 that government to approve that person as a developer, whether
2208 or not any or all development will be undertaken by that person,
2209 and to approve the area as appropriate for an areawide
2210 development of regional impact.
2211 (d) A general purpose local government with jurisdiction
2212 over an area to be considered in an areawide development of
2213 regional impact shall not have to petition itself for
2214 authorization to prepare and consider an application for
2215 development approval for an areawide development plan. However,
2216 such a local government shall initiate the preparation of an
2217 application only:
2218 1. After scheduling and conducting a public hearing as
2219 specified in paragraph (e); and
2220 2. After conducting such hearing, finding that the planning
2221 area meets the standards and criteria pursuant to subparagraph
2222 (b)3. for determining that an areawide development plan will be
2223 in the public interest.
2224 (e) The local government shall schedule a public hearing
2225 within 60 days after receipt of the petition. The public hearing
2226 shall be advertised at least 30 days prior to the hearing. In
2227 addition to the public hearing notice by the local government,
2228 the petitioner, except when the petitioner is a local
2229 government, shall provide actual notice to each person owning
2230 land within the proposed areawide development plan at least 30
2231 days prior to the hearing. If the petitioner is a local
2232 government, or local governments pursuant to an interlocal
2233 agreement, notice of the public hearing shall be provided by the
2234 publication of an advertisement in a newspaper of general
2235 circulation that meets the requirements of this paragraph. The
2236 advertisement must be no less than one-quarter page in a
2237 standard size or tabloid size newspaper, and the headline in the
2238 advertisement must be in type no smaller than 18 point. The
2239 advertisement shall not be published in that portion of the
2240 newspaper where legal notices and classified advertisements
2241 appear. The advertisement must be published in a newspaper of
2242 general paid circulation in the county and of general interest
2243 and readership in the community, not one of limited subject
2244 matter, pursuant to chapter 50. Whenever possible, the
2245 advertisement must appear in a newspaper that is published at
2246 least 5 days a week, unless the only newspaper in the community
2247 is published less than 5 days a week. The advertisement must be
2248 in substantially the form used to advertise amendments to
2249 comprehensive plans pursuant to s. 163.3184. The local
2250 government shall specifically notify in writing the regional
2251 planning agency and the state land planning agency at least 30
2252 days prior to the public hearing. At the public hearing, all
2253 interested parties may testify and submit evidence regarding the
2254 petitioner’s qualifications, the need for and benefits of an
2255 areawide development of regional impact, and such other issues
2256 relevant to a full consideration of the petition. If more than
2257 one local government has jurisdiction over the defined planning
2258 area in an areawide development plan, the local governments
2259 shall hold a joint public hearing. Such hearing shall address,
2260 at a minimum, the need to resolve conflicting ordinances or
2261 comprehensive plans, if any. The local government holding the
2262 joint hearing shall comply with the following additional
2263 requirements:
2264 1. The notice of the hearing shall be published at least 60
2265 days in advance of the hearing and shall specify where the
2266 petition may be reviewed.
2267 2. The notice shall be given to the state land planning
2268 agency, to the applicable regional planning agency, and to such
2269 other persons as may have been designated by the state land
2270 planning agency as entitled to receive such notices.
2271 3. A public hearing date shall be set by the appropriate
2272 local government at the next scheduled meeting.
2273 (f) Following the public hearing, the local government
2274 shall issue a written order, appealable under s. 380.07, which
2275 approves, approves with conditions, or denies the petition. It
2276 shall approve the petitioner as the developer if it finds that
2277 the petitioner and defined planning area meet the standards and
2278 criteria, consistent with applicable law, pursuant to
2279 subparagraph (b)3.
2280 (g) The local government shall submit any order which
2281 approves the petition, or approves the petition with conditions,
2282 to the petitioner, to all owners of property within the defined
2283 planning area, to the regional planning agency, and to the state
2284 land planning agency within 30 days after the order becomes
2285 effective.
2286 (h) The petitioner, an owner of property within the defined
2287 planning area, the appropriate regional planning agency by vote
2288 at a regularly scheduled meeting, or the state land planning
2289 agency may appeal the decision of the local government to the
2290 Florida Land and Water Adjudicatory Commission by filing a
2291 notice of appeal with the commission. The procedures established
2292 in s. 380.07 shall be followed for such an appeal.
2293 (i) After the time for appeal of the decision has run, an
2294 approved developer may submit an application for development
2295 approval for a proposed areawide development of regional impact
2296 for land within the defined planning area, pursuant to
2297 subsection (6). Development undertaken in conformance with an
2298 areawide development order issued under this section shall not
2299 require further development-of-regional-impact review.
2300 (j) In reviewing an application for a proposed areawide
2301 development of regional impact, the regional planning agency
2302 shall evaluate, and the local government shall consider, the
2303 following criteria, in addition to any other criteria set forth
2304 in this section:
2305 1. Whether the developer has demonstrated its legal,
2306 financial, and administrative ability to perform any commitments
2307 it has made in the application for a proposed areawide
2308 development of regional impact.
2309 2. Whether the developer has demonstrated that all property
2310 owners within the defined planning area consent or do not object
2311 to the proposed areawide development of regional impact.
2312 3. Whether the area and the anticipated development are
2313 consistent with the applicable local, regional, and state
2314 comprehensive plans, except as provided for in paragraph (k).
2315 (k) In addition to the requirements of subsection (14), a
2316 development order approving, or approving with conditions, a
2317 proposed areawide development of regional impact shall specify
2318 the approved land uses and the amount of development approved
2319 within each land use category in the defined planning area. The
2320 development order shall incorporate by reference the approved
2321 areawide development plan. The local government shall not
2322 approve an areawide development plan that is inconsistent with
2323 the local comprehensive plan, except that a local government may
2324 amend its comprehensive plan pursuant to paragraph (6)(b).
2325 (l) Any owner of property within the defined planning area
2326 may withdraw his or her consent to the areawide development plan
2327 at any time prior to local government approval, with or without
2328 conditions, of the petition; and the plan, the areawide
2329 development order, and the exemption from development-of
2330 regional-impact review of individual projects under this section
2331 shall not thereafter apply to the owner’s property. After the
2332 areawide development order is issued, a landowner may withdraw
2333 his or her consent only with the approval of the local
2334 government.
2335 (m) If the developer of an areawide development of regional
2336 impact is a general purpose local government with jurisdiction
2337 over the land area included within the areawide development
2338 proposal and if no interest in the land within the land area is
2339 owned, leased, or otherwise controlled by a person, corporate or
2340 natural, for the purpose of mining or beneficiation of minerals,
2341 then:
2342 1. Demonstration of property owner consent or lack of
2343 objection to an areawide development plan shall not be required;
2344 and
2345 2. The option to withdraw consent does not apply, and all
2346 property and development within the areawide development
2347 planning area shall be subject to the areawide plan and to the
2348 development order conditions.
2349 (n) After a development order approving an areawide
2350 development plan is received, changes shall be subject to the
2351 provisions of subsection (19), except that the percentages and
2352 numerical criteria shall be double those listed in paragraph
2353 (19)(b).
2354 (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
2355 (a) There is hereby established a process to abandon a
2356 development of regional impact and its associated development
2357 orders. A development of regional impact and its associated
2358 development orders may be proposed to be abandoned by the owner
2359 or developer. The local government in whose jurisdiction in
2360 which the development of regional impact is located also may
2361 propose to abandon the development of regional impact, provided
2362 that the local government gives individual written notice to
2363 each development-of-regional-impact owner and developer of
2364 record, and provided that no such owner or developer objects in
2365 writing to the local government before prior to or at the public
2366 hearing pertaining to abandonment of the development of regional
2367 impact. The state land planning agency is authorized to
2368 promulgate rules that shall include, but not be limited to,
2369 criteria for determining whether to grant, grant with
2370 conditions, or deny a proposal to abandon, and provisions to
2371 ensure that the developer satisfies all applicable conditions of
2372 the development order and adequately mitigates for the impacts
2373 of the development. If there is no existing development within
2374 the development of regional impact at the time of abandonment
2375 and no development within the development of regional impact is
2376 proposed by the owner or developer after such abandonment, an
2377 abandonment order may shall not require the owner or developer
2378 to contribute any land, funds, or public facilities as a
2379 condition of such abandonment order. The local government must
2380 file rules shall also provide a procedure for filing notice of
2381 the abandonment pursuant to s. 28.222 with the clerk of the
2382 circuit court for each county in which the development of
2383 regional impact is located. Abandonment will be deemed to have
2384 occurred upon the recording of the notice. Any decision by a
2385 local government concerning the abandonment of a development of
2386 regional impact is shall be subject to an appeal pursuant to s.
2387 380.07. The issues in any such appeal must shall be confined to
2388 whether the provisions of this subsection or any rules
2389 promulgated thereunder have been satisfied.
2390 (b) If requested by the owner, developer, or local
2391 government, the development-of-regional-impact development order
2392 must be abandoned by the local government having jurisdiction
2393 upon a showing that all required mitigation related to the
2394 amount of development which existed on the date of abandonment
2395 has been completed or will be completed under an existing permit
2396 or equivalent authorization issued by a governmental agency as
2397 defined in s. 380.031(6), provided such permit or authorization
2398 is subject to enforcement through administrative or judicial
2399 remedies Upon receipt of written confirmation from the state
2400 land planning agency that any required mitigation applicable to
2401 completed development has occurred, an industrial development of
2402 regional impact located within the coastal high-hazard area of a
2403 rural area of opportunity which was approved before the adoption
2404 of the local government’s comprehensive plan required under s.
2405 163.3167 and which plan’s future land use map and zoning
2406 designates the land use for the development of regional impact
2407 as commercial may be unilaterally abandoned without the need to
2408 proceed through the process described in paragraph (a) if the
2409 developer or owner provides a notice of abandonment to the local
2410 government and records such notice with the applicable clerk of
2411 court. Abandonment shall be deemed to have occurred upon the
2412 recording of the notice. All development following abandonment
2413 must shall be fully consistent with the current comprehensive
2414 plan and applicable zoning.
2415 (c) A development order for abandonment of an approved
2416 development of regional impact may be amended by a local
2417 government pursuant to subsection (7), provided that the
2418 amendment does not reduce any mitigation previously required as
2419 a condition of abandonment, unless the developer demonstrates
2420 that changes to the development no longer will result in impacts
2421 that necessitated the mitigation.
2422 (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
2423 DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
2424 or her rights, responsibilities, and obligations under a
2425 development order and the development order does not clearly
2426 define his or her rights, responsibilities, and obligations, the
2427 developer or owner may request participation in resolving the
2428 dispute through the dispute resolution process outlined in s.
2429 186.509. The Department of Economic Opportunity shall be
2430 notified by certified mail of any meeting held under the process
2431 provided for by this subsection at least 5 days before the
2432 meeting.
2433 (28) PARTIAL STATUTORY EXEMPTIONS.—
2434 (a) If the binding agreement referenced under paragraph
2435 (24)(l) for urban service boundaries is not entered into within
2436 12 months after establishment of the urban service boundary, the
2437 development-of-regional-impact review for projects within the
2438 urban service boundary must address transportation impacts only.
2439 (b) If the binding agreement referenced under paragraph
2440 (24)(m) for rural land stewardship areas is not entered into
2441 within 12 months after the designation of a rural land
2442 stewardship area, the development-of-regional-impact review for
2443 projects within the rural land stewardship area must address
2444 transportation impacts only.
2445 (c) If the binding agreement for designated urban infill
2446 and redevelopment areas is not entered into within 12 months
2447 after the designation of the area or July 1, 2007, whichever
2448 occurs later, the development-of-regional-impact review for
2449 projects within the urban infill and redevelopment area must
2450 address transportation impacts only.
2451 (d) A local government that does not wish to enter into a
2452 binding agreement or that is unable to agree on the terms of the
2453 agreement referenced under paragraph (24)(l) or paragraph
2454 (24)(m) shall provide written notification to the state land
2455 planning agency of the decision to not enter into a binding
2456 agreement or the failure to enter into a binding agreement
2457 within the 12-month period referenced in paragraphs (a), (b) and
2458 (c). Following the notification of the state land planning
2459 agency, development-of-regional-impact review for projects
2460 within an urban service boundary under paragraph (24)(l), or a
2461 rural land stewardship area under paragraph (24)(m), must
2462 address transportation impacts only.
2463 (e) The vesting provision of s. 163.3167(5) relating to an
2464 authorized development of regional impact does not apply to
2465 those projects partially exempt from the development-of
2466 regional-impact review process under paragraphs (a)-(d).
2467 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
2468 (a) The following are exempt from this section:
2469 1. Any proposed development in a municipality that has an
2470 average of at least 1,000 people per square mile of land area
2471 and a minimum total population of at least 5,000;
2472 2. Any proposed development within a county, including the
2473 municipalities located in the county, that has an average of at
2474 least 1,000 people per square mile of land area and is located
2475 within an urban service area as defined in s. 163.3164 which has
2476 been adopted into the comprehensive plan;
2477 3. Any proposed development within a county, including the
2478 municipalities located therein, which has a population of at
2479 least 900,000, that has an average of at least 1,000 people per
2480 square mile of land area, but which does not have an urban
2481 service area designated in the comprehensive plan; or
2482 4. Any proposed development within a county, including the
2483 municipalities located therein, which has a population of at
2484 least 1 million and is located within an urban service area as
2485 defined in s. 163.3164 which has been adopted into the
2486 comprehensive plan.
2487
2488 The Office of Economic and Demographic Research within the
2489 Legislature shall annually calculate the population and density
2490 criteria needed to determine which jurisdictions meet the
2491 density criteria in subparagraphs 1.-4. by using the most recent
2492 land area data from the decennial census conducted by the Bureau
2493 of the Census of the United States Department of Commerce and
2494 the latest available population estimates determined pursuant to
2495 s. 186.901. If any local government has had an annexation,
2496 contraction, or new incorporation, the Office of Economic and
2497 Demographic Research shall determine the population density
2498 using the new jurisdictional boundaries as recorded in
2499 accordance with s. 171.091. The Office of Economic and
2500 Demographic Research shall annually submit to the state land
2501 planning agency by July 1 a list of jurisdictions that meet the
2502 total population and density criteria. The state land planning
2503 agency shall publish the list of jurisdictions on its Internet
2504 website within 7 days after the list is received. The
2505 designation of jurisdictions that meet the criteria of
2506 subparagraphs 1.-4. is effective upon publication on the state
2507 land planning agency’s Internet website. If a municipality that
2508 has previously met the criteria no longer meets the criteria,
2509 the state land planning agency shall maintain the municipality
2510 on the list and indicate the year the jurisdiction last met the
2511 criteria. However, any proposed development of regional impact
2512 not within the established boundaries of a municipality at the
2513 time the municipality last met the criteria must meet the
2514 requirements of this section until such time as the municipality
2515 as a whole meets the criteria. Any county that meets the
2516 criteria shall remain on the list in accordance with the
2517 provisions of this paragraph. Any jurisdiction that was placed
2518 on the dense urban land area list before June 2, 2011, shall
2519 remain on the list in accordance with the provisions of this
2520 paragraph.
2521 (b) If a municipality that does not qualify as a dense
2522 urban land area pursuant to paragraph (a) designates any of the
2523 following areas in its comprehensive plan, any proposed
2524 development within the designated area is exempt from the
2525 development-of-regional-impact process:
2526 1. Urban infill as defined in s. 163.3164;
2527 2. Community redevelopment areas as defined in s. 163.340;
2528 3. Downtown revitalization areas as defined in s. 163.3164;
2529 4. Urban infill and redevelopment under s. 163.2517; or
2530 5. Urban service areas as defined in s. 163.3164 or areas
2531 within a designated urban service boundary under s.
2532 163.3177(14), Florida Statutes (2010).
2533 (c) If a county that does not qualify as a dense urban land
2534 area designates any of the following areas in its comprehensive
2535 plan, any proposed development within the designated area is
2536 exempt from the development-of-regional-impact process:
2537 1. Urban infill as defined in s. 163.3164;
2538 2. Urban infill and redevelopment under s. 163.2517; or
2539 3. Urban service areas as defined in s. 163.3164.
2540 (d) A development that is located partially outside an area
2541 that is exempt from the development-of-regional-impact program
2542 must undergo development-of-regional-impact review pursuant to
2543 this section. However, if the total acreage that is included
2544 within the area exempt from development-of-regional-impact
2545 review exceeds 85 percent of the total acreage and square
2546 footage of the approved development of regional impact, the
2547 development-of-regional-impact development order may be
2548 rescinded in both local governments pursuant to s. 380.115(1),
2549 unless the portion of the development outside the exempt area
2550 meets the threshold criteria of a development-of-regional
2551 impact.
2552 (e) In an area that is exempt under paragraphs (a)-(c), any
2553 previously approved development-of-regional-impact development
2554 orders shall continue to be effective, but the developer has the
2555 option to be governed by s. 380.115(1). A pending application
2556 for development approval shall be governed by s. 380.115(2).
2557 (f) Local governments must submit by mail a development
2558 order to the state land planning agency for projects that would
2559 be larger than 120 percent of any applicable development-of
2560 regional-impact threshold and would require development-of
2561 regional-impact review but for the exemption from the program
2562 under paragraphs (a)-(c). For such development orders, the state
2563 land planning agency may appeal the development order pursuant
2564 to s. 380.07 for inconsistency with the comprehensive plan
2565 adopted under chapter 163.
2566 (g) If a local government that qualifies as a dense urban
2567 land area under this subsection is subsequently found to be
2568 ineligible for designation as a dense urban land area, any
2569 development located within that area which has a complete,
2570 pending application for authorization to commence development
2571 may maintain the exemption if the developer is continuing the
2572 application process in good faith or the development is
2573 approved.
2574 (h) This subsection does not limit or modify the rights of
2575 any person to complete any development that has been authorized
2576 as a development of regional impact pursuant to this chapter.
2577 (i) This subsection does not apply to areas:
2578 1. Within the boundary of any area of critical state
2579 concern designated pursuant to s. 380.05;
2580 2. Within the boundary of the Wekiva Study Area as
2581 described in s. 369.316; or
2582 3. Within 2 miles of the boundary of the Everglades
2583 Protection Area as described in s. 373.4592(2).
2584 (12)(30) PROPOSED DEVELOPMENTS.—
2585 (a) A proposed development that exceeds the statewide
2586 guidelines and standards specified in s. 380.0651 and is not
2587 otherwise exempt pursuant to s. 380.0651 must otherwise subject
2588 to the review requirements of this section shall be approved by
2589 a local government pursuant to s. 163.3184(4) in lieu of
2590 proceeding in accordance with this section. However, if the
2591 proposed development is consistent with the comprehensive plan
2592 as provided in s. 163.3194(3)(b), the development is not
2593 required to undergo review pursuant to s. 163.3184(4) or this
2594 section.
2595 (b) This subsection does not apply to:
2596 1. Amendments to a development order governing an existing
2597 development of regional impact; or
2598 2. Any application for development approval filed with a
2599 concurrent plan amendment application pending as of May 14,
2600 2015, if the applicant elects to have the application reviewed
2601 pursuant to the provisions of this section as it existed on such
2602 date. Such election must be in writing and filed with the
2603 affected local government, regional planning council, and state
2604 land planning agency, before December 31, 2018.
2605 Section 3. Section 380.061, Florida Statutes, is amended to
2606 read:
2607 380.061 The Florida Quality Developments program.—
2608 (1) This section only applies to developments approved as
2609 Florida Quality Developments before the effective date of this
2610 act There is hereby created the Florida Quality Developments
2611 program. The intent of this program is to encourage development
2612 which has been thoughtfully planned to take into consideration
2613 protection of Florida’s natural amenities, the cost to local
2614 government of providing services to a growing community, and the
2615 high quality of life Floridians desire. It is further intended
2616 that the developer be provided, through a cooperative and
2617 coordinated effort, an expeditious and timely review by all
2618 agencies with jurisdiction over the project of his or her
2619 proposed development.
2620 (2) Following written notification to the state land
2621 planning agency and the appropriate regional planning agency, a
2622 local government with an approved Florida Quality Development
2623 within its jurisdiction must set a public hearing pursuant to
2624 its local procedures and shall adopt a local development order
2625 to replace and supersede the development order adopted by the
2626 state land planning agency for the Florida Quality Development.
2627 Thereafter, the Florida Quality Development shall follow the
2628 procedures and requirements for developments of regional impact
2629 as specified in this chapter Developments that may be designated
2630 as Florida Quality Developments are those developments which are
2631 above 80 percent of any numerical thresholds in the guidelines
2632 and standards for development-of-regional-impact review pursuant
2633 to s. 380.06.
2634 (3)(a) To be eligible for designation under this program,
2635 the developer shall comply with each of the following
2636 requirements if applicable to the site of a qualified
2637 development:
2638 1. Donate or enter into a binding commitment to donate the
2639 fee or a lesser interest sufficient to protect, in perpetuity,
2640 the natural attributes of the types of land listed below. In
2641 lieu of this requirement, the developer may enter into a binding
2642 commitment that runs with the land to set aside such areas on
2643 the property, in perpetuity, as open space to be retained in a
2644 natural condition or as otherwise permitted under this
2645 subparagraph. Under the requirements of this subparagraph, the
2646 developer may reserve the right to use such areas for passive
2647 recreation that is consistent with the purposes for which the
2648 land was preserved.
2649 a. Those wetlands and water bodies throughout the state
2650 which would be delineated if the provisions of s. 373.4145(1)(b)
2651 were applied. The developer may use such areas for the purpose
2652 of site access, provided other routes of access are unavailable
2653 or impracticable; may use such areas for the purpose of
2654 stormwater or domestic sewage management and other necessary
2655 utilities if such uses are permitted pursuant to chapter 403; or
2656 may redesign or alter wetlands and water bodies within the
2657 jurisdiction of the Department of Environmental Protection which
2658 have been artificially created if the redesign or alteration is
2659 done so as to produce a more naturally functioning system.
2660 b. Active beach or primary and, where appropriate,
2661 secondary dunes, to maintain the integrity of the dune system
2662 and adequate public accessways to the beach. However, the
2663 developer may retain the right to construct and maintain
2664 elevated walkways over the dunes to provide access to the beach.
2665 c. Known archaeological sites determined to be of
2666 significance by the Division of Historical Resources of the
2667 Department of State.
2668 d. Areas known to be important to animal species designated
2669 as endangered or threatened by the United States Fish and
2670 Wildlife Service or by the Fish and Wildlife Conservation
2671 Commission, for reproduction, feeding, or nesting; for traveling
2672 between such areas used for reproduction, feeding, or nesting;
2673 or for escape from predation.
2674 e. Areas known to contain plant species designated as
2675 endangered by the Department of Agriculture and Consumer
2676 Services.
2677 2. Produce, or dispose of, no substances designated as
2678 hazardous or toxic substances by the United States Environmental
2679 Protection Agency, the Department of Environmental Protection,
2680 or the Department of Agriculture and Consumer Services. This
2681 subparagraph does not apply to the production of these
2682 substances in nonsignificant amounts as would occur through
2683 household use or incidental use by businesses.
2684 3. Participate in a downtown reuse or redevelopment program
2685 to improve and rehabilitate a declining downtown area.
2686 4. Incorporate no dredge and fill activities in, and no
2687 stormwater discharge into, waters designated as Class II,
2688 aquatic preserves, or Outstanding Florida Waters, except as
2689 permitted pursuant to s. 403.813(1), and the developer
2690 demonstrates that those activities meet the standards under
2691 Class II waters, Outstanding Florida Waters, or aquatic
2692 preserves, as applicable.
2693 5. Include open space, recreation areas, Florida-friendly
2694 landscaping as defined in s. 373.185, and energy conservation
2695 and minimize impermeable surfaces as appropriate to the location
2696 and type of project.
2697 6. Provide for construction and maintenance of all onsite
2698 infrastructure necessary to support the project and enter into a
2699 binding commitment with local government to provide an
2700 appropriate fair-share contribution toward the offsite impacts
2701 that the development will impose on publicly funded facilities
2702 and services, except offsite transportation, and condition or
2703 phase the commencement of development to ensure that public
2704 facilities and services, except offsite transportation, are
2705 available concurrent with the impacts of the development. For
2706 the purposes of offsite transportation impacts, the developer
2707 shall comply, at a minimum, with the standards of the state land
2708 planning agency’s development-of-regional-impact transportation
2709 rule, the approved strategic regional policy plan, any
2710 applicable regional planning council transportation rule, and
2711 the approved local government comprehensive plan and land
2712 development regulations adopted pursuant to part II of chapter
2713 163.
2714 7. Design and construct the development in a manner that is
2715 consistent with the adopted state plan, the applicable strategic
2716 regional policy plan, and the applicable adopted local
2717 government comprehensive plan.
2718 (b) In addition to the foregoing requirements, the
2719 developer shall plan and design his or her development in a
2720 manner which includes the needs of the people in this state as
2721 identified in the state comprehensive plan and the quality of
2722 life of the people who will live and work in or near the
2723 development. The developer is encouraged to plan and design his
2724 or her development in an innovative manner. These planning and
2725 design features may include, but are not limited to, such things
2726 as affordable housing, care for the elderly, urban renewal or
2727 redevelopment, mass transit, the protection and preservation of
2728 wetlands outside the jurisdiction of the Department of
2729 Environmental Protection or of uplands as wildlife habitat,
2730 provision for the recycling of solid waste, provision for onsite
2731 child care, enhancement of emergency management capabilities,
2732 the preservation of areas known to be primary habitat for
2733 significant populations of species of special concern designated
2734 by the Fish and Wildlife Conservation Commission, or community
2735 economic development. These additional amenities will be
2736 considered in determining whether the development qualifies for
2737 designation under this program.
2738 (4) The department shall adopt an application for
2739 development designation consistent with the intent of this
2740 section.
2741 (5)(a) Before filing an application for development
2742 designation, the developer shall contact the Department of
2743 Economic Opportunity to arrange one or more preapplication
2744 conferences with the other reviewing entities. Upon the request
2745 of the developer or any of the reviewing entities, other
2746 affected state or regional agencies shall participate in this
2747 conference. The department, in coordination with the local
2748 government with jurisdiction and the regional planning council,
2749 shall provide the developer information about the Florida
2750 Quality Developments designation process and the use of
2751 preapplication conferences to identify issues, coordinate
2752 appropriate state, regional, and local agency requirements,
2753 fully address any concerns of the local government, the regional
2754 planning council, and other reviewing agencies and the meeting
2755 of those concerns, if applicable, through development order
2756 conditions, and otherwise promote a proper, efficient, and
2757 timely review of the proposed Florida Quality Development. The
2758 department shall take the lead in coordinating the review
2759 process.
2760 (b) The developer shall submit the application to the state
2761 land planning agency, the appropriate regional planning agency,
2762 and the appropriate local government for review. The review
2763 shall be conducted under the time limits and procedures set
2764 forth in s. 120.60, except that the 90-day time limit shall
2765 cease to run when the state land planning agency and the local
2766 government have notified the applicant of their decision on
2767 whether the development should be designated under this program.
2768 (c) At any time prior to the issuance of the Florida
2769 Quality Development order, the developer of a proposed Florida
2770 Quality Development shall have the right to withdraw the
2771 proposed project from consideration as a Florida Quality
2772 Development. The developer may elect to convert the proposed
2773 project to a proposed development of regional impact. The
2774 conversion shall be in the form of a letter to the reviewing
2775 entities stating the developer’s intent to seek authorization
2776 for the development as a development of regional impact under s.
2777 380.06. If a proposed Florida Quality Development converts to a
2778 development of regional impact, the developer shall resubmit the
2779 appropriate application and the development shall be subject to
2780 all applicable procedures under s. 380.06, except that:
2781 1. A preapplication conference held under paragraph (a)
2782 satisfies the preapplication procedures requirement under s.
2783 380.06(7); and
2784 2. If requested in the withdrawal letter, a finding of
2785 completeness of the application under paragraph (a) and s.
2786 120.60 may be converted to a finding of sufficiency by the
2787 regional planning council if such a conversion is approved by
2788 the regional planning council.
2789
2790 The regional planning council shall have 30 days to notify the
2791 developer if the request for conversion of completeness to
2792 sufficiency is granted or denied. If granted and the application
2793 is found sufficient, the regional planning council shall notify
2794 the local government that a public hearing date may be set to
2795 consider the development for approval as a development of
2796 regional impact, and the development shall be subject to all
2797 applicable rules, standards, and procedures of s. 380.06. If the
2798 request for conversion of completeness to sufficiency is denied,
2799 the developer shall resubmit the appropriate application for
2800 review and the development shall be subject to all applicable
2801 procedures under s. 380.06, except as otherwise provided in this
2802 paragraph.
2803 (d) If the local government and state land planning agency
2804 agree that the project should be designated under this program,
2805 the state land planning agency shall issue a development order
2806 which incorporates the plan of development as set out in the
2807 application along with any agreed-upon modifications and
2808 conditions, based on recommendations by the local government and
2809 regional planning council, and a certification that the
2810 development is designated as one of Florida’s Quality
2811 Developments. In the event of conflicting recommendations, the
2812 state land planning agency, after consultation with the local
2813 government and the regional planning agency, shall resolve such
2814 conflicts in the development order. Upon designation, the
2815 development, as approved, is exempt from development-of
2816 regional-impact review pursuant to s. 380.06.
2817 (e) If the local government or state land planning agency,
2818 or both, recommends against designation, the development shall
2819 undergo development-of-regional-impact review pursuant to s.
2820 380.06, except as provided in subsection (6) of this section.
2821 (6)(a) In the event that the development is not designated
2822 under subsection (5), the developer may appeal that
2823 determination to the Quality Developments Review Board. The
2824 board shall consist of the secretary of the state land planning
2825 agency, the Secretary of Environmental Protection and a member
2826 designated by the secretary, the Secretary of Transportation,
2827 the executive director of the Fish and Wildlife Conservation
2828 Commission, the executive director of the appropriate water
2829 management district created pursuant to chapter 373, and the
2830 chief executive officer of the appropriate local government.
2831 When there is a significant historical or archaeological site
2832 within the boundaries of a development which is appealed to the
2833 board, the director of the Division of Historical Resources of
2834 the Department of State shall also sit on the board. The staff
2835 of the state land planning agency shall serve as staff to the
2836 board.
2837 (b) The board shall meet once each quarter of the year.
2838 However, a meeting may be waived if no appeals are pending.
2839 (c) On appeal, the sole issue shall be whether the
2840 development meets the statutory criteria for designation under
2841 this program. An affirmative vote of at least five members of
2842 the board, including the affirmative vote of the chief executive
2843 officer of the appropriate local government, shall be necessary
2844 to designate the development by the board.
2845 (d) The state land planning agency shall adopt procedural
2846 rules for consideration of appeals under this subsection.
2847 (7)(a) The development order issued pursuant to this
2848 section is enforceable in the same manner as a development order
2849 issued pursuant to s. 380.06.
2850 (b) Appeal of a development order issued pursuant to this
2851 section shall be available only pursuant to s. 380.07.
2852 (8)(a) Any local government comprehensive plan amendments
2853 related to a Florida Quality Development may be initiated by a
2854 local planning agency and considered by the local governing body
2855 at the same time as the application for development approval.
2856 Nothing in this subsection shall be construed to require
2857 favorable consideration of a Florida Quality Development solely
2858 because it is related to a development of regional impact.
2859 (b) The department shall adopt, by rule, standards and
2860 procedures necessary to implement the Florida Quality
2861 Developments program. The rules must include, but need not be
2862 limited to, provisions governing annual reports and criteria for
2863 determining whether a proposed change to an approved Florida
2864 Quality Development is a substantial change requiring further
2865 review.
2866 Section 4. Section 380.0651, Florida Statutes, is amended
2867 to read:
2868 380.0651 Statewide guidelines, and standards, and
2869 exemptions.—
2870 (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
2871 guidelines and standards for developments required to undergo
2872 development-of-regional-impact review provided in this section
2873 supersede the statewide guidelines and standards previously
2874 adopted by the Administration Commission that address the same
2875 development. Other standards and guidelines previously adopted
2876 by the Administration Commission, including the residential
2877 standards and guidelines, shall not be superseded. The
2878 guidelines and standards shall be applied in the manner
2879 described in s. 380.06(2)(a).
2880 (2) The Administration Commission shall publish the
2881 statewide guidelines and standards established in this section
2882 in its administrative rule in place of the guidelines and
2883 standards that are superseded by this act, without the
2884 proceedings required by s. 120.54 and notwithstanding the
2885 provisions of s. 120.545(1)(c). The Administration Commission
2886 shall initiate rulemaking proceedings pursuant to s. 120.54 to
2887 make all other technical revisions necessary to conform the
2888 rules to this act. Rule amendments made pursuant to this
2889 subsection shall not be subject to the requirement for
2890 legislative approval pursuant to s. 380.06(2).
2891 (3) Subject to the exemptions and partial exemptions
2892 specified in this section, the following statewide guidelines
2893 and standards shall be applied in the manner described in s.
2894 380.06(2) to determine whether the following developments are
2895 subject to the requirements of s. 380.06 shall be required to
2896 undergo development-of-regional-impact review:
2897 (a) Airports.—
2898 1. Any of the following airport construction projects is
2899 shall be a development of regional impact:
2900 a. A new commercial service or general aviation airport
2901 with paved runways.
2902 b. A new commercial service or general aviation paved
2903 runway.
2904 c. A new passenger terminal facility.
2905 2. Lengthening of an existing runway by 25 percent or an
2906 increase in the number of gates by 25 percent or three gates,
2907 whichever is greater, on a commercial service airport or a
2908 general aviation airport with regularly scheduled flights is a
2909 development of regional impact. However, expansion of existing
2910 terminal facilities at a nonhub or small hub commercial service
2911 airport is shall not be a development of regional impact.
2912 3. Any airport development project which is proposed for
2913 safety, repair, or maintenance reasons alone and would not have
2914 the potential to increase or change existing types of aircraft
2915 activity is not a development of regional impact.
2916 Notwithstanding subparagraphs 1. and 2., renovation,
2917 modernization, or replacement of airport airside or terminal
2918 facilities that may include increases in square footage of such
2919 facilities but does not increase the number of gates or change
2920 the existing types of aircraft activity is not a development of
2921 regional impact.
2922 (b) Attractions and recreation facilities.—Any sports,
2923 entertainment, amusement, or recreation facility, including, but
2924 not limited to, a sports arena, stadium, racetrack, tourist
2925 attraction, amusement park, or pari-mutuel facility, the
2926 construction or expansion of which:
2927 1. For single performance facilities:
2928 a. Provides parking spaces for more than 2,500 cars; or
2929 b. Provides more than 10,000 permanent seats for
2930 spectators.
2931 2. For serial performance facilities:
2932 a. Provides parking spaces for more than 1,000 cars; or
2933 b. Provides more than 4,000 permanent seats for spectators.
2934
2935 For purposes of this subsection, “serial performance facilities”
2936 means those using their parking areas or permanent seating more
2937 than one time per day on a regular or continuous basis.
2938 (c) Office development.—Any proposed office building or
2939 park operated under common ownership, development plan, or
2940 management that:
2941 1. Encompasses 300,000 or more square feet of gross floor
2942 area; or
2943 2. Encompasses more than 600,000 square feet of gross floor
2944 area in a county with a population greater than 500,000 and only
2945 in a geographic area specifically designated as highly suitable
2946 for increased threshold intensity in the approved local
2947 comprehensive plan.
2948 (d) Retail and service development.—Any proposed retail,
2949 service, or wholesale business establishment or group of
2950 establishments which deals primarily with the general public
2951 onsite, operated under one common property ownership,
2952 development plan, or management that:
2953 1. Encompasses more than 400,000 square feet of gross area;
2954 or
2955 2. Provides parking spaces for more than 2,500 cars.
2956 (e) Recreational vehicle development.—Any proposed
2957 recreational vehicle development planned to create or
2958 accommodate 500 or more spaces.
2959 (f) Multiuse development.—Any proposed development with two
2960 or more land uses where the sum of the percentages of the
2961 appropriate thresholds identified in chapter 28-24, Florida
2962 Administrative Code, or this section for each land use in the
2963 development is equal to or greater than 145 percent. Any
2964 proposed development with three or more land uses, one of which
2965 is residential and contains at least 100 dwelling units or 15
2966 percent of the applicable residential threshold, whichever is
2967 greater, where the sum of the percentages of the appropriate
2968 thresholds identified in chapter 28-24, Florida Administrative
2969 Code, or this section for each land use in the development is
2970 equal to or greater than 160 percent. This threshold is in
2971 addition to, and does not preclude, a development from being
2972 required to undergo development-of-regional-impact review under
2973 any other threshold.
2974 (g) Residential development.—A rule may not be adopted
2975 concerning residential developments which treats a residential
2976 development in one county as being located in a less populated
2977 adjacent county unless more than 25 percent of the development
2978 is located within 2 miles or less of the less populated adjacent
2979 county. The residential thresholds of adjacent counties with
2980 less population and a lower threshold may not be controlling on
2981 any development wholly located within areas designated as rural
2982 areas of opportunity.
2983 (h) Workforce housing.—The applicable guidelines for
2984 residential development and the residential component for
2985 multiuse development shall be increased by 50 percent where the
2986 developer demonstrates that at least 15 percent of the total
2987 residential dwelling units authorized within the development of
2988 regional impact will be dedicated to affordable workforce
2989 housing, subject to a recorded land use restriction that shall
2990 be for a period of not less than 20 years and that includes
2991 resale provisions to ensure long-term affordability for income
2992 eligible homeowners and renters and provisions for the workforce
2993 housing to be commenced prior to the completion of 50 percent of
2994 the market rate dwelling. For purposes of this paragraph, the
2995 term “affordable workforce housing” means housing that is
2996 affordable to a person who earns less than 120 percent of the
2997 area median income, or less than 140 percent of the area median
2998 income if located in a county in which the median purchase price
2999 for a single-family existing home exceeds the statewide median
3000 purchase price of a single-family existing home. For the
3001 purposes of this paragraph, the term “statewide median purchase
3002 price of a single-family existing home” means the statewide
3003 purchase price as determined in the Florida Sales Report,
3004 Single-Family Existing Homes, released each January by the
3005 Florida Association of Realtors and the University of Florida
3006 Real Estate Research Center.
3007 (i) Schools.—
3008 1. The proposed construction of any public, private, or
3009 proprietary postsecondary educational campus which provides for
3010 a design population of more than 5,000 full-time equivalent
3011 students, or the proposed physical expansion of any public,
3012 private, or proprietary postsecondary educational campus having
3013 such a design population that would increase the population by
3014 at least 20 percent of the design population.
3015 2. As used in this paragraph, “full-time equivalent
3016 student” means enrollment for 15 or more quarter hours during a
3017 single academic semester. In career centers or other
3018 institutions which do not employ semester hours or quarter hours
3019 in accounting for student participation, enrollment for 18
3020 contact hours shall be considered equivalent to one quarter
3021 hour, and enrollment for 27 contact hours shall be considered
3022 equivalent to one semester hour.
3023 3. This paragraph does not apply to institutions which are
3024 the subject of a campus master plan adopted by the university
3025 board of trustees pursuant to s. 1013.30.
3026 (2) STATUTORY EXEMPTIONS.—The following developments are
3027 exempt from s. 380.06:
3028 (a) Any proposed hospital.
3029 (b) Any proposed electrical transmission line or electrical
3030 power plant.
3031 (c) Any proposed addition to an existing sports facility
3032 complex if the addition meets the following characteristics:
3033 1. It would not operate concurrently with the scheduled
3034 hours of operation of the existing facility;
3035 2. Its seating capacity would be no more than 75 percent of
3036 the capacity of the existing facility; and
3037 3. The sports facility complex property was owned by a
3038 public body before July 1, 1983.
3039
3040 This exemption does not apply to any pari-mutuel facility as
3041 defined in s. 550.002.
3042 (d) Any proposed addition or cumulative additions
3043 subsequent to July 1, 1988, to an existing sports facility
3044 complex owned by a state university, if the increased seating
3045 capacity of the complex is no more than 30 percent of the
3046 capacity of the existing facility.
3047 (e) Any addition of permanent seats or parking spaces for
3048 an existing sports facility located on property owned by a
3049 public body before July 1, 1973, if future additions do not
3050 expand existing permanent seating or parking capacity more than
3051 15 percent annually in excess of the prior year’s capacity.
3052 (f) Any increase in the seating capacity of an existing
3053 sports facility having a permanent seating capacity of at least
3054 50,000 spectators, provided that such an increase does not
3055 increase permanent seating capacity by more than 5 percent per
3056 year and does not exceed a total of 10 percent in any 5-year
3057 period. The sports facility must notify the appropriate local
3058 government within which the facility is located of the increase
3059 at least 6 months before the initial use of the increased
3060 seating in order to permit the appropriate local government to
3061 develop a traffic management plan for the traffic generated by
3062 the increase. Any traffic management plan must be consistent
3063 with the local comprehensive plan, the regional policy plan, and
3064 the state comprehensive plan.
3065 (g) Any expansion in the permanent seating capacity or
3066 additional improved parking facilities of an existing sports
3067 facility, if the following conditions exist:
3068 1.a. The sports facility had a permanent seating capacity
3069 on January 1, 1991, of at least 41,000 spectator seats;
3070 b. The sum of such expansions in permanent seating capacity
3071 does not exceed a total of 10 percent in any 5-year period and
3072 does not exceed a cumulative total of 20 percent for any such
3073 expansions; or
3074 c. The increase in additional improved parking facilities
3075 is a one-time addition and does not exceed 3,500 parking spaces
3076 serving the sports facility; and
3077 2. The local government having jurisdiction over the sports
3078 facility includes in the development order or development permit
3079 approving such expansion under this paragraph a finding of fact
3080 that the proposed expansion is consistent with the
3081 transportation, water, sewer, and stormwater drainage provisions
3082 of the approved local comprehensive plan and local land
3083 development regulations relating to those provisions.
3084
3085 Any owner or developer who intends to rely on this statutory
3086 exemption shall provide to the state land planning agency a copy
3087 of the local government application for a development permit.
3088 Within 45 days after receipt of the application, the state land
3089 planning agency shall render to the local government an advisory
3090 and nonbinding opinion, in writing, stating whether, in the
3091 state land planning agency’s opinion, the prescribed conditions
3092 exist for an exemption under this paragraph. The local
3093 government shall render the development order approving each
3094 such expansion to the state land planning agency. The owner,
3095 developer, or state land planning agency may appeal the local
3096 government development order pursuant to s. 380.07 within 45
3097 days after the order is rendered. The scope of review shall be
3098 limited to the determination of whether the conditions
3099 prescribed in this paragraph exist. If any sports facility
3100 expansion undergoes development-of-regional-impact review, all
3101 previous expansions that were exempt under this paragraph must
3102 be included in the development-of-regional-impact review.
3103 (h) Expansion to port harbors, spoil disposal sites,
3104 navigation channels, turning basins, harbor berths, and other
3105 related inwater harbor facilities of the ports specified in s.
3106 403.021(9)(b), port transportation facilities and projects
3107 listed in s. 311.07(3)(b), and intermodal transportation
3108 facilities identified pursuant to s. 311.09(3) when such
3109 expansions, projects, or facilities are consistent with port
3110 master plans and are in compliance with s. 163.3178.
3111 (i) Any proposed facility for the storage of any petroleum
3112 product or any expansion of an existing facility.
3113 (j) Any renovation or redevelopment within the same parcel
3114 as the existing development if such renovation or redevelopment
3115 does not change land use or increase density or intensity of
3116 use.
3117 (k) Waterport and marina development, including dry storage
3118 facilities.
3119 (l) Any proposed development within an urban service area
3120 boundary established under s. 163.3177(14), Florida Statutes
3121 2010, that is not otherwise exempt pursuant to subsection (3),if
3122 the local government having jurisdiction over the area where the
3123 development is proposed has adopted the urban service area
3124 boundary and has entered into a binding agreement with
3125 jurisdictions that would be impacted and with the Department of
3126 Transportation regarding the mitigation of impacts on state and
3127 regional transportation facilities.
3128 (m) Any proposed development within a rural land
3129 stewardship area created under s. 163.3248.
3130 (n) The establishment, relocation, or expansion of any
3131 military installation as specified in s. 163.3175.
3132 (o) Any self-storage warehousing that does not allow retail
3133 or other services.
3134 (p) Any proposed nursing home or assisted living facility.
3135 (q) Any development identified in an airport master plan
3136 and adopted into the comprehensive plan pursuant to s.
3137 163.3177(6)(b)4.
3138 (r) Any development identified in a campus master plan and
3139 adopted pursuant to s. 1013.30.
3140 (s) Any development in a detailed specific area plan
3141 prepared and adopted pursuant to s. 163.3245.
3142 (t) Any proposed solid mineral mine and any proposed
3143 addition to, expansion of, or change to an existing solid
3144 mineral mine. A mine owner must, however, enter into a binding
3145 agreement with the Department of Transportation to mitigate
3146 impacts to strategic intermodal system facilities. Proposed
3147 changes to any previously approved solid mineral mine
3148 development-of-regional-impact development orders having vested
3149 rights are not subject to further review or approval as a
3150 development-of-regional-impact or notice-of-proposed-change
3151 review or approval pursuant to subsection (19), except for those
3152 applications pending as of July 1, 2011, which are governed by
3153 s. 380.115(2). Notwithstanding this requirement, pursuant to s.
3154 380.115(1), a previously approved solid mineral mine
3155 development-of-regional-impact development order continues to
3156 have vested rights and continues to be effective unless
3157 rescinded by the developer. All local government regulations of
3158 proposed solid mineral mines are applicable to any new solid
3159 mineral mine or to any proposed addition to, expansion of, or
3160 change to an existing solid mineral mine.
3161 (u) Notwithstanding any provision in an agreement with or
3162 among a local government, regional agency, or the state land
3163 planning agency or in a local government’s comprehensive plan to
3164 the contrary, a project no longer subject to development-of
3165 regional-impact review under the revised thresholds specified in
3166 s. 380.06(2)(b) and this section.
3167 (v) Any development within a county that has a research and
3168 education authority created by special act and which is also
3169 within a research and development park that is operated or
3170 managed by a research and development authority pursuant to part
3171 V of chapter 159.
3172 (w) Any development in an energy economic zone designated
3173 pursuant to s. 377.809 upon approval by its local governing
3174 body.
3175
3176 If a use is exempt from review pursuant to paragraphs (a)-(u),
3177 but will be part of a larger project that is subject to review
3178 pursuant to s. 380.06(12), the impact of the exempt use must be
3179 included in the review of the larger project, unless such exempt
3180 use involves a development that includes a landowner, tenant, or
3181 user that has entered into a funding agreement with the state
3182 land planning agency under the Innovation Incentive Program and
3183 the agreement contemplates a state award of at least $50
3184 million.
3185 (3) EXEMPTIONS FOR DENSE URBAN LAND AREAS.
3186 (a) The following are exempt from the requirements of s.
3187 380.06:
3188 1. Any proposed development in a municipality having an
3189 average of at least 1,000 people per square mile of land area
3190 and a minimum total population of at least 5,000;
3191 2. Any proposed development within a county, including the
3192 municipalities located therein, having an average of at least
3193 1,000 people per square mile of land area and the development is
3194 located within an urban service area as defined in s. 163.3164
3195 which has been adopted into the comprehensive plan as defined in
3196 s. 163.3164;
3197 3. Any proposed development within a county, including the
3198 municipalities located therein, having a population of at least
3199 900,000 and an average of at least 1,000 people per square mile
3200 of land area, but which does not have an urban service area
3201 designated in the comprehensive plan; and
3202 4. Any proposed development within a county, including the
3203 municipalities located therein, having a population of at least
3204 1 million and the development is located within an urban service
3205 area as defined in s. 163.3164 which has been adopted into the
3206 comprehensive plan.
3207
3208 The Office of Economic and Demographic Research within the
3209 Legislature shall annually calculate the population and density
3210 criteria needed to determine which jurisdictions meet the
3211 density criteria in subparagraphs 1.-4. by using the most recent
3212 land area data from the decennial census conducted by the Bureau
3213 of the Census of the United States Department of Commerce and
3214 the latest available population estimates determined pursuant to
3215 s. 186.901. If any local government has had an annexation,
3216 contraction, or new incorporation, the Office of Economic and
3217 Demographic Research shall determine the population density
3218 using the new jurisdictional boundaries as recorded in
3219 accordance with s. 171.091. The Office of Economic and
3220 Demographic Research shall annually submit to the state land
3221 planning agency by July 1 a list of jurisdictions that meet the
3222 total population and density criteria. The state land planning
3223 agency shall publish the list of jurisdictions on its website
3224 within 7 days after the list is received. The designation of
3225 jurisdictions that meet the criteria of subparagraphs 1.-4. is
3226 effective upon publication on the state land planning agency’s
3227 website. If a municipality that has previously met the criteria
3228 no longer meets the criteria, the state land planning agency
3229 must maintain the municipality on the list and indicate the year
3230 the jurisdiction last met the criteria. However, any proposed
3231 development of regional impact not within the established
3232 boundaries of a municipality at the time the municipality last
3233 met the criteria must meet the requirements of this section
3234 until the municipality as a whole meets the criteria. Any county
3235 that meets the criteria must remain on the list. Any
3236 jurisdiction that was placed on the dense urban land area list
3237 before June 2, 2011, must remain on the list.
3238 (b) If a municipality that does not qualify as a dense
3239 urban land area pursuant to paragraph (a) designates any of the
3240 following areas in its comprehensive plan, any proposed
3241 development within the designated area is exempt from s. 380.06
3242 unless otherwise required by part II of chapter 163:
3243 1. Urban infill as defined in s. 163.3164;
3244 2. Community redevelopment areas as defined in s. 163.340;
3245 3. Downtown revitalization areas as defined in s. 163.3164;
3246 4. Urban infill and redevelopment under s. 163.2517; or
3247 5. Urban service areas as defined in s. 163.3164 or areas
3248 within a designated urban service area boundary pursuant to s.
3249 163.3177(14), Florida Statutes 2010.
3250 (c) If a county that does not qualify as a dense urban land
3251 area designates any of the following areas in its comprehensive
3252 plan, any proposed development within the designated area is
3253 exempt from the development-of-regional-impact process:
3254 1. Urban infill as defined in s. 163.3164;
3255 2. Urban infill and redevelopment pursuant to s. 163.2517;
3256 or
3257 3. Urban service areas as defined in s. 163.3164.
3258 (d) If any portion of a development is located in an area
3259 that is not exempt from review under s. 380.06, the development
3260 must undergo review pursuant to that section.
3261 (e) In an area that is exempt under paragraphs (a), (b),
3262 and (c), any previously approved development-of-regional-impact
3263 development orders shall continue to be effective. However, the
3264 developer has the option to be governed by s. 380.115(1).
3265 (f) If a local government qualifies as a dense urban land
3266 area under this subsection and is subsequently found to be
3267 ineligible for designation as a dense urban land area, any
3268 development located within that area which has a complete,
3269 pending application for authorization to commence development
3270 shall maintain the exemption if the developer is continuing the
3271 application process in good faith or the development is
3272 approved.
3273 (g) This subsection does not limit or modify the rights of
3274 any person to complete any development that has been authorized
3275 as a development of regional impact pursuant to this chapter.
3276 (h) This subsection does not apply to areas:
3277 1. Within the boundary of any area of critical state
3278 concern designated pursuant to s. 380.05;
3279 2. Within the boundary of the Wekiva Study Area as
3280 described in s. 369.316; or
3281 3. Within 2 miles of the boundary of the Everglades
3282 Protection Area as defined in s. 373.4592.
3283 (4) PARTIAL STATUTORY EXEMPTIONS.—
3284 (a) If the binding agreement referenced under paragraph
3285 (2)(l) for urban service boundaries is not entered into within
3286 12 months after establishment of the urban service area
3287 boundary, the review pursuant to s. 380.06(12) for projects
3288 within the urban service area boundary must address
3289 transportation impacts only.
3290 (b) If the binding agreement referenced under paragraph
3291 (2)(m) for rural land stewardship areas is not entered into
3292 within 12 months after the designation of a rural land
3293 stewardship area, the review pursuant to s. 380.06(12) for
3294 projects within the rural land stewardship area must address
3295 transportation impacts only.
3296 (c) If the binding agreement for designated urban infill
3297 and redevelopment areas is not entered into within 12 months
3298 after the designation of the area or July 1, 2007, whichever
3299 occurs later, the review pursuant to s. 380.06(12) for projects
3300 within the urban infill and redevelopment area must address
3301 transportation impacts only.
3302 (d) A local government that does not wish to enter into a
3303 binding agreement or that is unable to agree on the terms of the
3304 agreement referenced under paragraph (2)(l) or paragraph (2)(m)
3305 must provide written notification to the state land planning
3306 agency of the decision to not enter into a binding agreement or
3307 the failure to enter into a binding agreement within the 12
3308 month period referenced in paragraphs (a), (b), and (c).
3309 Following the notification of the state land planning agency, a
3310 review pursuant to s. 380.06(12) for projects within an urban
3311 service area boundary under paragraph (2)(l), or a rural land
3312 stewardship area under paragraph (2)(m), must address
3313 transportation impacts only.
3314 (e) The vesting provision of s. 163.3167(5) relating to an
3315 authorized development of regional impact does not apply to
3316 those projects partially exempt from s. 380.06 under paragraphs
3317 (a)-(d) of this subsection.
3318 (4) Two or more developments, represented by their owners
3319 or developers to be separate developments, shall be aggregated
3320 and treated as a single development under this chapter when they
3321 are determined to be part of a unified plan of development and
3322 are physically proximate to one other.
3323 (a) The criteria of three of the following subparagraphs
3324 must be met in order for the state land planning agency to
3325 determine that there is a unified plan of development:
3326 1.a. The same person has retained or shared control of the
3327 developments;
3328 b. The same person has ownership or a significant legal or
3329 equitable interest in the developments; or
3330 c. There is common management of the developments
3331 controlling the form of physical development or disposition of
3332 parcels of the development.
3333 2. There is a reasonable closeness in time between the
3334 completion of 80 percent or less of one development and the
3335 submission to a governmental agency of a master plan or series
3336 of plans or drawings for the other development which is
3337 indicative of a common development effort.
3338 3. A master plan or series of plans or drawings exists
3339 covering the developments sought to be aggregated which have
3340 been submitted to a local general-purpose government, water
3341 management district, the Florida Department of Environmental
3342 Protection, or the Division of Florida Condominiums, Timeshares,
3343 and Mobile Homes for authorization to commence development. The
3344 existence or implementation of a utility’s master utility plan
3345 required by the Public Service Commission or general-purpose
3346 local government or a master drainage plan shall not be the sole
3347 determinant of the existence of a master plan.
3348 4. There is a common advertising scheme or promotional plan
3349 in effect for the developments sought to be aggregated.
3350 (b) The following activities or circumstances shall not be
3351 considered in determining whether to aggregate two or more
3352 developments:
3353 1. Activities undertaken leading to the adoption or
3354 amendment of any comprehensive plan element described in part II
3355 of chapter 163.
3356 2. The sale of unimproved parcels of land, where the seller
3357 does not retain significant control of the future development of
3358 the parcels.
3359 3. The fact that the same lender has a financial interest,
3360 including one acquired through foreclosure, in two or more
3361 parcels, so long as the lender is not an active participant in
3362 the planning, management, or development of the parcels in which
3363 it has an interest.
3364 4. Drainage improvements that are not designed to
3365 accommodate the types of development listed in the guidelines
3366 and standards contained in or adopted pursuant to this chapter
3367 or which are not designed specifically to accommodate the
3368 developments sought to be aggregated.
3369 (c) Aggregation is not applicable when the following
3370 circumstances and provisions of this chapter apply:
3371 1. Developments that are otherwise subject to aggregation
3372 with a development of regional impact which has received
3373 approval through the issuance of a final development order may
3374 not be aggregated with the approved development of regional
3375 impact. However, this subparagraph does not preclude the state
3376 land planning agency from evaluating an allegedly separate
3377 development as a substantial deviation pursuant to s. 380.06(19)
3378 or as an independent development of regional impact.
3379 2. Two or more developments, each of which is independently
3380 a development of regional impact that has or will obtain a
3381 development order pursuant to s. 380.06.
3382 3. Completion of any development that has been vested
3383 pursuant to s. 380.05 or s. 380.06, including vested rights
3384 arising out of agreements entered into with the state land
3385 planning agency for purposes of resolving vested rights issues.
3386 Development-of-regional-impact review of additions to vested
3387 developments of regional impact shall not include review of the
3388 impacts resulting from the vested portions of the development.
3389 4. The developments sought to be aggregated were authorized
3390 to commence development before September 1, 1988, and could not
3391 have been required to be aggregated under the law existing
3392 before that date.
3393 5. Any development that qualifies for an exemption under s.
3394 380.06(29).
3395 6. Newly acquired lands intended for development in
3396 coordination with a developed and existing development of
3397 regional impact are not subject to aggregation if the newly
3398 acquired lands comprise an area that is equal to or less than 10
3399 percent of the total acreage subject to an existing development
3400 of-regional-impact development order.
3401 (d) The provisions of this subsection shall be applied
3402 prospectively from September 1, 1988. Written decisions,
3403 agreements, and binding letters of interpretation made or issued
3404 by the state land planning agency prior to July 1, 1988, shall
3405 not be affected by this subsection.
3406 (e) In order to encourage developers to design, finance,
3407 donate, or build infrastructure, public facilities, or services,
3408 the state land planning agency may enter into binding agreements
3409 with two or more developers providing that the joint planning,
3410 sharing, or use of specified public infrastructure, facilities,
3411 or services by the developers shall not be considered in any
3412 subsequent determination of whether a unified plan of
3413 development exists for their developments. Such binding
3414 agreements may authorize the developers to pool impact fees or
3415 impact-fee credits, or to enter into front-end agreements, or
3416 other financing arrangements by which they collectively agree to
3417 design, finance, donate, or build such public infrastructure,
3418 facilities, or services. Such agreements shall be conditioned
3419 upon a subsequent determination by the appropriate local
3420 government of consistency with the approved local government
3421 comprehensive plan and land development regulations.
3422 Additionally, the developers must demonstrate that the provision
3423 and sharing of public infrastructure, facilities, or services is
3424 in the public interest and not merely for the benefit of the
3425 developments which are the subject of the agreement.
3426 Developments that are the subject of an agreement pursuant to
3427 this paragraph shall be aggregated if the state land planning
3428 agency determines that sufficient aggregation factors are
3429 present to require aggregation without considering the design
3430 features, financial arrangements, donations, or construction
3431 that are specified in and required by the agreement.
3432 (f) The state land planning agency has authority to adopt
3433 rules pursuant to ss. 120.536(1) and 120.54 to implement the
3434 provisions of this subsection.
3435 Section 5. Section 380.07, Florida Statutes, is amended to
3436 read:
3437 380.07 Florida Land and Water Adjudicatory Commission.—
3438 (1) There is hereby created the Florida Land and Water
3439 Adjudicatory Commission, which shall consist of the
3440 Administration Commission. The commission may adopt rules
3441 necessary to ensure compliance with the area of critical state
3442 concern program and the requirements for developments of
3443 regional impact as set forth in this chapter.
3444 (2) Whenever any local government issues any development
3445 order in any area of critical state concern, or in regard to the
3446 abandonment of any approved development of regional impact,
3447 copies of such orders as prescribed by rule by the state land
3448 planning agency shall be transmitted to the state land planning
3449 agency, the regional planning agency, and the owner or developer
3450 of the property affected by such order. The state land planning
3451 agency shall adopt rules describing development order rendition
3452 and effectiveness in designated areas of critical state concern.
3453 Within 45 days after the order is rendered, the owner, the
3454 developer, or the state land planning agency may appeal the
3455 order to the Florida Land and Water Adjudicatory Commission by
3456 filing a petition alleging that the development order is not
3457 consistent with the provisions of this part. The appropriate
3458 regional planning agency by vote at a regularly scheduled
3459 meeting may recommend that the state land planning agency
3460 undertake an appeal of a development-of-regional-impact
3461 development order. Upon the request of an appropriate regional
3462 planning council, affected local government, or any citizen, the
3463 state land planning agency shall consider whether to appeal the
3464 order and shall respond to the request within the 45-day appeal
3465 period.
3466 (3) Notwithstanding any other provision of law, an appeal
3467 of a development order in an area of critical state concern by
3468 the state land planning agency under this section may include
3469 consistency of the development order with the local
3470 comprehensive plan. However, if a development order relating to
3471 a development of regional impact has been challenged in a
3472 proceeding under s. 163.3215 and a party to the proceeding
3473 serves notice to the state land planning agency of the pending
3474 proceeding under s. 163.3215, the state land planning agency
3475 shall:
3476 (a) Raise its consistency issues by intervening as a full
3477 party in the pending proceeding under s. 163.3215 within 30 days
3478 after service of the notice; and
3479 (b) Dismiss the consistency issues from the development
3480 order appeal.
3481 (4) The appellant shall furnish a copy of the petition to
3482 the opposing party, as the case may be, and to the local
3483 government that issued the order. The filing of the petition
3484 stays the effectiveness of the order until after the completion
3485 of the appeal process.
3486 (5) The 45-day appeal period for a development of regional
3487 impact within the jurisdiction of more than one local government
3488 shall not commence until after all the local governments having
3489 jurisdiction over the proposed development of regional impact
3490 have rendered their development orders. The appellant shall
3491 furnish a copy of the notice of appeal to the opposing party, as
3492 the case may be, and to the local government that which issued
3493 the order. The filing of the notice of appeal stays shall stay
3494 the effectiveness of the order until after the completion of the
3495 appeal process.
3496 (5)(6) Before Prior to issuing an order, the Florida Land
3497 and Water Adjudicatory Commission shall hold a hearing pursuant
3498 to the provisions of chapter 120. The commission shall encourage
3499 the submission of appeals on the record made pursuant to
3500 subsection (7) below in cases in which the development order was
3501 issued after a full and complete hearing before the local
3502 government or an agency thereof.
3503 (6)(7) The Florida Land and Water Adjudicatory Commission
3504 shall issue a decision granting or denying permission to develop
3505 pursuant to the standards of this chapter and may attach
3506 conditions and restrictions to its decisions.
3507 (7)(8) If an appeal is filed with respect to any issues
3508 within the scope of a permitting program authorized by chapter
3509 161, chapter 373, or chapter 403 and for which a permit or
3510 conceptual review approval has been obtained before prior to the
3511 issuance of a development order, any such issue shall be
3512 specifically identified in the notice of appeal which is filed
3513 pursuant to this section, together with other issues that which
3514 constitute grounds for the appeal. The appeal may proceed with
3515 respect to issues within the scope of permitting programs for
3516 which a permit or conceptual review approval has been obtained
3517 before prior to the issuance of a development order only after
3518 the commission determines by majority vote at a regularly
3519 scheduled commission meeting that statewide or regional
3520 interests may be adversely affected by the development. In
3521 making this determination, there is shall be a rebuttable
3522 presumption that statewide and regional interests relating to
3523 issues within the scope of the permitting programs for which a
3524 permit or conceptual approval has been obtained are not
3525 adversely affected.
3526 Section 6. Section 380.115, Florida Statutes, is amended to
3527 read:
3528 380.115 Vested rights and duties; effect of size reduction,
3529 changes in statewide guidelines and standards.—
3530 (1) A change in a development-of-regional-impact guideline
3531 and standard does not abridge or modify any vested or other
3532 right or any duty or obligation pursuant to any development
3533 order or agreement that is applicable to a development of
3534 regional impact. A development that has received a development
3535 of-regional-impact development order pursuant to s. 380.06 but
3536 is no longer required to undergo development-of-regional-impact
3537 review by operation of law may elect a change in the guidelines
3538 and standards, a development that has reduced its size below the
3539 thresholds as specified in s. 380.0651, a development that is
3540 exempt pursuant to s. 380.06(24) or (29), or a development that
3541 elects to rescind the development order pursuant to are governed
3542 by the following procedures:
3543 (1)(a) The development shall continue to be governed by the
3544 development-of-regional-impact development order and may be
3545 completed in reliance upon and pursuant to the development order
3546 unless the developer or landowner has followed the procedures
3547 for rescission in subsection (2) paragraph (b). Any proposed
3548 changes to developments which continue to be governed by a
3549 development-of-regional-impact development order must be
3550 approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
3551 before a change in the development-of-regional-impact guidelines
3552 and standards, except that all percentage criteria are doubled
3553 and all other criteria are increased by 10 percent. The local
3554 government issuing the development order must monitor the
3555 development and enforce the development order. Local governments
3556 may not issue any permits or approvals or provide any extensions
3557 of services if the developer fails to act in substantial
3558 compliance with the development order. The development-of
3559 regional-impact development order may be enforced by the local
3560 government as provided in s. 380.11 ss. 380.06(17) and 380.11.
3561 (2)(b) If requested by the developer or landowner, the
3562 development-of-regional-impact development order shall be
3563 rescinded by the local government having jurisdiction upon a
3564 showing that all required mitigation related to the amount of
3565 development that existed on the date of rescission has been
3566 completed or will be completed under an existing permit or
3567 equivalent authorization issued by a governmental agency as
3568 defined in s. 380.031(6), if such permit or authorization is
3569 subject to enforcement through administrative or judicial
3570 remedies.
3571 (2) A development with an application for development
3572 approval pending, pursuant to s. 380.06, on the effective date
3573 of a change to the guidelines and standards, or a notification
3574 of proposed change pending on the effective date of a change to
3575 the guidelines and standards, may elect to continue such review
3576 pursuant to s. 380.06. At the conclusion of the pending review,
3577 including any appeals pursuant to s. 380.07, the resulting
3578 development order shall be governed by the provisions of
3579 subsection (1).
3580 (3) A landowner that has filed an application for a
3581 development-of-regional-impact review prior to the adoption of a
3582 sector plan pursuant to s. 163.3245 may elect to have the
3583 application reviewed pursuant to s. 380.06, comprehensive plan
3584 provisions in force prior to adoption of the sector plan, and
3585 any requested comprehensive plan amendments that accompany the
3586 application.
3587 Section 7. Paragraph (c) of subsection (1) of section
3588 125.68, Florida Statutes, is amended to read:
3589 125.68 Codification of ordinances; exceptions; public
3590 record.—
3591 (1)
3592 (c) The following ordinances are exempt from codification
3593 and annual publication requirements:
3594 1. Any development agreement, or amendment to such
3595 agreement, adopted by ordinance pursuant to ss. 163.3220
3596 163.3243.
3597 2. Any development order, or amendment to such order,
3598 adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
3599 Section 8. Paragraph (e) of subsection (3), subsection (6),
3600 and subsection (12) of section 163.3245, Florida Statutes, are
3601 amended to read:
3602 163.3245 Sector plans.—
3603 (3) Sector planning encompasses two levels: adoption
3604 pursuant to s. 163.3184 of a long-term master plan for the
3605 entire planning area as part of the comprehensive plan, and
3606 adoption by local development order of two or more detailed
3607 specific area plans that implement the long-term master plan and
3608 within which s. 380.06 is waived.
3609 (e) Whenever a local government issues a development order
3610 approving a detailed specific area plan, a copy of such order
3611 shall be rendered to the state land planning agency and the
3612 owner or developer of the property affected by such order, as
3613 prescribed by rules of the state land planning agency for a
3614 development order for a development of regional impact. Within
3615 45 days after the order is rendered, the owner, the developer,
3616 or the state land planning agency may appeal the order to the
3617 Florida Land and Water Adjudicatory Commission by filing a
3618 petition alleging that the detailed specific area plan is not
3619 consistent with the comprehensive plan or with the long-term
3620 master plan adopted pursuant to this section. The appellant
3621 shall furnish a copy of the petition to the opposing party, as
3622 the case may be, and to the local government that issued the
3623 order. The filing of the petition stays the effectiveness of the
3624 order until after completion of the appeal process. However, if
3625 a development order approving a detailed specific area plan has
3626 been challenged by an aggrieved or adversely affected party in a
3627 judicial proceeding pursuant to s. 163.3215, and a party to such
3628 proceeding serves notice to the state land planning agency, the
3629 state land planning agency shall dismiss its appeal to the
3630 commission and shall have the right to intervene in the pending
3631 judicial proceeding pursuant to s. 163.3215. Proceedings for
3632 administrative review of an order approving a detailed specific
3633 area plan shall be conducted consistent with s. 380.07(5) s.
3634 380.07(6). The commission shall issue a decision granting or
3635 denying permission to develop pursuant to the long-term master
3636 plan and the standards of this part and may attach conditions or
3637 restrictions to its decisions.
3638 (6) An applicant who applied Concurrent with or subsequent
3639 to review and adoption of a long-term master plan pursuant to
3640 paragraph (3)(a), an applicant may apply for master development
3641 approval pursuant to s. 380.06 s. 380.06(21) for the entire
3642 planning area shall remain subject to the master development
3643 order in order to establish a buildout date until which the
3644 approved uses and densities and intensities of use of the master
3645 plan are not subject to downzoning, unit density reduction, or
3646 intensity reduction, unless the developer elects to rescind the
3647 development order pursuant to s. 380.115, the development order
3648 is abandoned pursuant to s. 380.06(11), or the local government
3649 can demonstrate that implementation of the master plan is not
3650 continuing in good faith based on standards established by plan
3651 policy, that substantial changes in the conditions underlying
3652 the approval of the master plan have occurred, that the master
3653 plan was based on substantially inaccurate information provided
3654 by the applicant, or that change is clearly established to be
3655 essential to the public health, safety, or welfare. Review of
3656 the application for master development approval shall be at a
3657 level of detail appropriate for the long-term and conceptual
3658 nature of the long-term master plan and, to the maximum extent
3659 possible, may only consider information provided in the
3660 application for a long-term master plan. Notwithstanding s.
3661 380.06, an increment of development in such an approved master
3662 development plan must be approved by a detailed specific area
3663 plan pursuant to paragraph (3)(b) and is exempt from review
3664 pursuant to s. 380.06.
3665 (12) Notwithstanding s. 380.06, this part, or any planning
3666 agreement or plan policy, a landowner or developer who has
3667 received approval of a master development-of-regional-impact
3668 development order pursuant to s. 380.06(9) s. 380.06(21) may
3669 apply to implement this order by filing one or more applications
3670 to approve a detailed specific area plan pursuant to paragraph
3671 (3)(b).
3672 Section 9. Subsections (11), (12), and (14) of section
3673 163.3246, Florida Statutes, are amended to read:
3674 163.3246 Local government comprehensive planning
3675 certification program.—
3676 (11) If the local government of an area described in
3677 subsection (10) does not request that the state land planning
3678 agency review the developments of regional impact that are
3679 proposed within the certified area, an application for approval
3680 of a development order within the certified area is shall be
3681 exempt from review under s. 380.06.
3682 (12) A local government’s certification shall be reviewed
3683 by the local government and the state land planning agency as
3684 part of the evaluation and appraisal process pursuant to s.
3685 163.3191. Within 1 year after the deadline for the local
3686 government to update its comprehensive plan based on the
3687 evaluation and appraisal, the state land planning agency must
3688 shall renew or revoke the certification. The local government’s
3689 failure to timely adopt necessary amendments to update its
3690 comprehensive plan based on an evaluation and appraisal, which
3691 are found to be in compliance by the state land planning agency,
3692 is shall be cause for revoking the certification agreement. The
3693 state land planning agency’s decision to renew or revoke is
3694 shall be considered agency action subject to challenge under s.
3695 120.569.
3696 (14) It is the intent of the Legislature to encourage the
3697 creation of connected-city corridors that facilitate the growth
3698 of high-technology industry and innovation through partnerships
3699 that support research, marketing, workforce, and
3700 entrepreneurship. It is the further intent of the Legislature to
3701 provide for a locally controlled, comprehensive plan amendment
3702 process for such projects that are designed to achieve a
3703 cleaner, healthier environment; limit urban sprawl by promoting
3704 diverse but interconnected communities; provide a range of
3705 intergenerational housing types; protect wildlife and natural
3706 areas; assure the efficient use of land and other resources;
3707 create quality communities of a design that promotes alternative
3708 transportation networks and travel by multiple transportation
3709 modes; and enhance the prospects for the creation of jobs. The
3710 Legislature finds and declares that this state’s connected-city
3711 corridors require a reduced level of state and regional
3712 oversight because of their high degree of urbanization and the
3713 planning capabilities and resources of the local government.
3714 (a) Notwithstanding subsections (2), (4), (5), (6), and
3715 (7), Pasco County is named a pilot community and shall be
3716 considered certified for a period of 10 years for connected-city
3717 corridor plan amendments. The state land planning agency shall
3718 provide a written notice of certification to Pasco County by
3719 July 15, 2015, which shall be considered a final agency action
3720 subject to challenge under s. 120.569. The notice of
3721 certification must include:
3722 1. The boundary of the connected-city corridor
3723 certification area; and
3724 2. A requirement that Pasco County submit an annual or
3725 biennial monitoring report to the state land planning agency
3726 according to the schedule provided in the written notice. The
3727 monitoring report must, at a minimum, include the number of
3728 amendments to the comprehensive plan adopted by Pasco County,
3729 the number of plan amendments challenged by an affected person,
3730 and the disposition of such challenges.
3731 (b) A plan amendment adopted under this subsection may be
3732 based upon a planning period longer than the generally
3733 applicable planning period of the Pasco County local
3734 comprehensive plan, must specify the projected population within
3735 the planning area during the chosen planning period, may include
3736 a phasing or staging schedule that allocates a portion of Pasco
3737 County’s future growth to the planning area through the planning
3738 period, and may designate a priority zone or subarea within the
3739 connected-city corridor for initial implementation of the plan.
3740 A plan amendment adopted under this subsection is not required
3741 to demonstrate need based upon projected population growth or on
3742 any other basis.
3743 (c) If Pasco County adopts a long-term transportation
3744 network plan and financial feasibility plan, and subject to
3745 compliance with the requirements of such a plan, the projects
3746 within the connected-city corridor are deemed to have satisfied
3747 all concurrency and other state agency or local government
3748 transportation mitigation requirements except for site-specific
3749 access management requirements.
3750 (d) If Pasco County does not request that the state land
3751 planning agency review the developments of regional impact that
3752 are proposed within the certified area, an application for
3753 approval of a development order within the certified area is
3754 exempt from review under s. 380.06.
3755 (e) The Office of Program Policy Analysis and Government
3756 Accountability (OPPAGA) shall submit to the Governor, the
3757 President of the Senate, and the Speaker of the House of
3758 Representatives by December 1, 2024, a report and
3759 recommendations for implementing a statewide program that
3760 addresses the legislative findings in this subsection. In
3761 consultation with the state land planning agency, OPPAGA shall
3762 develop the report and recommendations with input from other
3763 state and regional agencies, local governments, and interest
3764 groups. OPPAGA shall also solicit citizen input in the
3765 potentially affected areas and consult with the affected local
3766 government and stakeholder groups. Additionally, OPPAGA shall
3767 review local and state actions and correspondence relating to
3768 the pilot program to identify issues of process and substance in
3769 recommending changes to the pilot program. At a minimum, the
3770 report and recommendations must include:
3771 1. Identification of local governments other than the local
3772 government participating in the pilot program which should be
3773 certified. The report may also recommend that a local government
3774 is no longer appropriate for certification; and
3775 2. Changes to the certification pilot program.
3776 Section 10. Subsection (4) of section 189.08, Florida
3777 Statutes, is amended to read:
3778 189.08 Special district public facilities report.—
3779 (4) Those special districts building, improving, or
3780 expanding public facilities addressed by a development order
3781 issued to the developer pursuant to s. 380.06 may use the most
3782 recent local government annual report required by s. 380.06(6)
3783 s. 380.06(15) and (18) and submitted by the developer, to the
3784 extent the annual report provides the information required by
3785 subsection (2).
3786 Section 11. Subsection (2) of section 190.005, Florida
3787 Statutes, is amended to read:
3788 190.005 Establishment of district.—
3789 (2) The exclusive and uniform method for the establishment
3790 of a community development district of less than 2,500 acres in
3791 size or a community development district of up to 7,000 acres in
3792 size located within a connected-city corridor established
3793 pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
3794 an ordinance adopted by the county commission of the county
3795 having jurisdiction over the majority of land in the area in
3796 which the district is to be located granting a petition for the
3797 establishment of a community development district as follows:
3798 (a) A petition for the establishment of a community
3799 development district shall be filed by the petitioner with the
3800 county commission. The petition shall contain the same
3801 information as required in paragraph (1)(a).
3802 (b) A public hearing on the petition shall be conducted by
3803 the county commission in accordance with the requirements and
3804 procedures of paragraph (1)(d).
3805 (c) The county commission shall consider the record of the
3806 public hearing and the factors set forth in paragraph (1)(e) in
3807 making its determination to grant or deny a petition for the
3808 establishment of a community development district.
3809 (d) The county commission may shall not adopt any ordinance
3810 which would expand, modify, or delete any provision of the
3811 uniform community development district charter as set forth in
3812 ss. 190.006-190.041. An ordinance establishing a community
3813 development district shall only include the matters provided for
3814 in paragraph (1)(f) unless the commission consents to any of the
3815 optional powers under s. 190.012(2) at the request of the
3816 petitioner.
3817 (e) If all of the land in the area for the proposed
3818 district is within the territorial jurisdiction of a municipal
3819 corporation, then the petition requesting establishment of a
3820 community development district under this act shall be filed by
3821 the petitioner with that particular municipal corporation. In
3822 such event, the duties of the county, hereinabove described, in
3823 action upon the petition shall be the duties of the municipal
3824 corporation. If any of the land area of a proposed district is
3825 within the land area of a municipality, the county commission
3826 may not create the district without municipal approval. If all
3827 of the land in the area for the proposed district, even if less
3828 than 2,500 acres, is within the territorial jurisdiction of two
3829 or more municipalities or two or more counties, except for
3830 proposed districts within a connected-city corridor established
3831 pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
3832 be filed with the Florida Land and Water Adjudicatory Commission
3833 and proceed in accordance with subsection (1).
3834 (f) Notwithstanding any other provision of this subsection,
3835 within 90 days after a petition for the establishment of a
3836 community development district has been filed pursuant to this
3837 subsection, the governing body of the county or municipal
3838 corporation may transfer the petition to the Florida Land and
3839 Water Adjudicatory Commission, which shall make the
3840 determination to grant or deny the petition as provided in
3841 subsection (1). A county or municipal corporation shall have no
3842 right or power to grant or deny a petition that has been
3843 transferred to the Florida Land and Water Adjudicatory
3844 Commission.
3845 Section 12. Paragraph (g) of subsection (1) of section
3846 190.012, Florida Statutes, is amended to read:
3847 190.012 Special powers; public improvements and community
3848 facilities.—The district shall have, and the board may exercise,
3849 subject to the regulatory jurisdiction and permitting authority
3850 of all applicable governmental bodies, agencies, and special
3851 districts having authority with respect to any area included
3852 therein, any or all of the following special powers relating to
3853 public improvements and community facilities authorized by this
3854 act:
3855 (1) To finance, fund, plan, establish, acquire, construct
3856 or reconstruct, enlarge or extend, equip, operate, and maintain
3857 systems, facilities, and basic infrastructures for the
3858 following:
3859 (g) Any other project within or without the boundaries of a
3860 district when a local government issued a development order
3861 pursuant to s. 380.06 or s. 380.061 approving or expressly
3862 requiring the construction or funding of the project by the
3863 district, or when the project is the subject of an agreement
3864 between the district and a governmental entity and is consistent
3865 with the local government comprehensive plan of the local
3866 government within which the project is to be located.
3867 Section 13. Paragraph (a) of subsection (1) of section
3868 252.363, Florida Statutes, is amended to read:
3869 252.363 Tolling and extension of permits and other
3870 authorizations.—
3871 (1)(a) The declaration of a state of emergency by the
3872 Governor tolls the period remaining to exercise the rights under
3873 a permit or other authorization for the duration of the
3874 emergency declaration. Further, the emergency declaration
3875 extends the period remaining to exercise the rights under a
3876 permit or other authorization for 6 months in addition to the
3877 tolled period. This paragraph applies to the following:
3878 1. The expiration of a development order issued by a local
3879 government.
3880 2. The expiration of a building permit.
3881 3. The expiration of a permit issued by the Department of
3882 Environmental Protection or a water management district pursuant
3883 to part IV of chapter 373.
3884 4. The buildout date of a development of regional impact,
3885 including any extension of a buildout date that was previously
3886 granted as specified in s. 380.06(7)(c) pursuant to s.
3887 380.06(19)(c).
3888 Section 14. Subsection (4) of section 369.303, Florida
3889 Statutes, is amended to read:
3890 369.303 Definitions.—As used in this part:
3891 (4) “Development of regional impact” means a development
3892 that which is subject to the review procedures established by s.
3893 380.06 or s. 380.065, and s. 380.07.
3894 Section 15. Subsection (1) of section 369.307, Florida
3895 Statutes, is amended to read:
3896 369.307 Developments of regional impact in the Wekiva River
3897 Protection Area; land acquisition.—
3898 (1) Notwithstanding s. 380.06(4) the provisions of s.
3899 380.06(15), the counties shall consider and issue the
3900 development permits applicable to a proposed development of
3901 regional impact which is located partially or wholly within the
3902 Wekiva River Protection Area at the same time as the development
3903 order approving, approving with conditions, or denying a
3904 development of regional impact.
3905 Section 16. Subsection (8) of section 373.236, Florida
3906 Statutes, is amended to read:
3907 373.236 Duration of permits; compliance reports.—
3908 (8) A water management district may issue a permit to an
3909 applicant, as set forth in s. 163.3245(13), for the same period
3910 of time as the applicant’s approved master development order if
3911 the master development order was issued under s. 380.06(9) s.
3912 380.06(21) by a county which, at the time the order was issued,
3913 was designated as a rural area of opportunity under s. 288.0656,
3914 was not located in an area encompassed by a regional water
3915 supply plan as set forth in s. 373.709(1), and was not located
3916 within the basin management action plan of a first magnitude
3917 spring. In reviewing the permit application and determining the
3918 permit duration, the water management district shall apply s.
3919 163.3245(4)(b).
3920 Section 17. Subsection (13) of section 373.414, Florida
3921 Statutes, is amended to read:
3922 373.414 Additional criteria for activities in surface
3923 waters and wetlands.—
3924 (13) Any declaratory statement issued by the department
3925 under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
3926 as amended, or pursuant to rules adopted thereunder, or by a
3927 water management district under s. 373.421, in response to a
3928 petition filed on or before June 1, 1994, shall continue to be
3929 valid for the duration of such declaratory statement. Any such
3930 petition pending on June 1, 1994, shall be exempt from the
3931 methodology ratified in s. 373.4211, but the rules of the
3932 department or the relevant water management district, as
3933 applicable, in effect prior to the effective date of s.
3934 373.4211, shall apply. Until May 1, 1998, activities within the
3935 boundaries of an area subject to a petition pending on June 1,
3936 1994, and prior to final agency action on such petition, shall
3937 be reviewed under the rules adopted pursuant to ss. 403.91
3938 403.929, 1984 Supplement to the Florida Statutes 1983, as
3939 amended, and this part, in existence prior to the effective date
3940 of the rules adopted under subsection (9), unless the applicant
3941 elects to have such activities reviewed under the rules adopted
3942 under this part, as amended in accordance with subsection (9).
3943 In the event that a jurisdictional declaratory statement
3944 pursuant to the vegetative index in effect prior to the
3945 effective date of chapter 84-79, Laws of Florida, has been
3946 obtained and is valid prior to the effective date of the rules
3947 adopted under subsection (9) or July 1, 1994, whichever is
3948 later, and the affected lands are part of a project for which a
3949 master development order has been issued pursuant to s.
3950 380.06(9) s. 380.06(21), the declaratory statement shall remain
3951 valid for the duration of the buildout period of the project.
3952 Any jurisdictional determination validated by the department
3953 pursuant to rule 17-301.400(8), Florida Administrative Code, as
3954 it existed in rule 17-4.022, Florida Administrative Code, on
3955 April 1, 1985, shall remain in effect for a period of 5 years
3956 following the effective date of this act if proof of such
3957 validation is submitted to the department prior to January 1,
3958 1995. In the event that a jurisdictional determination has been
3959 revalidated by the department pursuant to this subsection and
3960 the affected lands are part of a project for which a development
3961 order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
3962 final development order to which s. 163.3167(5) applies has been
3963 issued, or a vested rights determination has been issued
3964 pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
3965 determination shall remain valid until the completion of the
3966 project, provided proof of such validation and documentation
3967 establishing that the project meets the requirements of this
3968 sentence are submitted to the department prior to January 1,
3969 1995. Activities proposed within the boundaries of a valid
3970 declaratory statement issued pursuant to a petition submitted to
3971 either the department or the relevant water management district
3972 on or before June 1, 1994, or a revalidated jurisdictional
3973 determination, prior to its expiration shall continue thereafter
3974 to be exempt from the methodology ratified in s. 373.4211 and to
3975 be reviewed under the rules adopted pursuant to ss. 403.91
3976 403.929, 1984 Supplement to the Florida Statutes 1983, as
3977 amended, and this part, in existence prior to the effective date
3978 of the rules adopted under subsection (9), unless the applicant
3979 elects to have such activities reviewed under the rules adopted
3980 under this part, as amended in accordance with subsection (9).
3981 Section 18. Subsection (5) of section 378.601, Florida
3982 Statutes, is amended to read:
3983 378.601 Heavy minerals.—
3984 (5) Any heavy mineral mining operation which annually mines
3985 less than 500 acres and whose proposed consumption of water is 3
3986 million gallons per day or less may shall not be subject
3987 required to undergo development of regional impact review
3988 pursuant to s. 380.06, provided permits and plan approvals
3989 pursuant to either this section and part IV of chapter 373, or
3990 s. 378.901, are issued.
3991 Section 19. Section 380.065, Florida Statutes, is repealed.
3992 Section 20. Paragraph (a) of subsection (2) of section
3993 380.11, Florida Statutes, is amended to read:
3994 380.11 Enforcement; procedures; remedies.—
3995 (2) ADMINISTRATIVE REMEDIES.—
3996 (a) If the state land planning agency has reason to believe
3997 a violation of this part or any rule, development order, or
3998 other order issued hereunder or of any agreement entered into
3999 under s. 380.032(3) or s. 380.06(8) has occurred or is about to
4000 occur, it may institute an administrative proceeding pursuant to
4001 this section to prevent, abate, or control the conditions or
4002 activity creating the violation.
4003 Section 21. Paragraph (b) of subsection (2) of section
4004 403.524, Florida Statutes, is amended to read:
4005 403.524 Applicability; certification; exemptions.—
4006 (2) Except as provided in subsection (1), construction of a
4007 transmission line may not be undertaken without first obtaining
4008 certification under this act, but this act does not apply to:
4009 (b) Transmission lines that have been exempted by a binding
4010 letter of interpretation issued under s. 380.06(3) s. 380.06(4),
4011 or in which the Department of Economic Opportunity or its
4012 predecessor agency has determined the utility to have vested
4013 development rights within the meaning of s. 380.05(18) or s.
4014 380.06(8) s. 380.06(20).
4015 Section 22. (1) The rules adopted by the state land
4016 planning agency to ensure uniform review of developments of
4017 regional impact by the state land planning agency and regional
4018 planning agencies and codified in chapter 73C-40, Florida
4019 Administrative Code, are repealed.
4020 (2) The rules adopted by the Administration Commission, as
4021 defined in s. 380.031, Florida Statutes, regarding whether two
4022 or more developments, represented by their owners or developers
4023 to be separate developments, shall be aggregated and treated as
4024 a single development under chapter 380, Florida Statutes, are
4025 repealed.
4026 Section 23. The Division of Law Revision and Information is
4027 directed to replace the phrase “the effective date of this act”
4028 where it occurs in this act with the date this act takes effect.
4029 Section 24. This act shall take effect upon becoming a law.