Bill Text: FL S1244 | 2018 | Regular Session | Comm Sub
Bill Title: Growth Management
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to CS/CS/HB 1151 916 [S1244 Detail]
Download: Florida-2018-S1244-Comm_Sub.html
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 thatwhich, 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 249state land planning agency shall recommend to the Administration250Commission specific statewide guidelines and standards for251adoption pursuant to this subsection. The Administration252Commission shall by rule adopt statewide guidelines and253standards to beused in determining whether particular 254 developments are subject to the requirements of subsection (12) 255shallundergo 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 unlessrevised pursuant to this section or259 superseded or repealed by statuteby other provisions of law. 260(b) In adopting its guidelines and standards, the261Administration Commission shall consider and shall be guided by:2621. The extent to which the development would create or263alleviate environmental problems such as air or water pollution264or noise.2652. The amount of pedestrian or vehicular traffic likely to266be generated.2673. The number of persons likely to be residents, employees,268or otherwise present.2694. The size of the site to be occupied.2705. The likelihood that additional or subsidiary development271will be generated.2726. The extent to which the development would create an273additional demand for, or additional use of, energy, including274the energy requirements of subsidiary developments.2757. The unique qualities of particular areas of the state.276(c) With regard to the changes in the guidelines and277standards authorized pursuant to this act, in determining278whether a proposed development must comply with the review279requirements of this section, the state land planning agency280shall apply the guidelines and standards which were in effect281when the developer received authorization to commence282development from the local government. If a developer has not283received authorization to commence development from the local284government prior to the effective date of new or amended285guidelines and standards, the new or amended guidelines and286standards shall apply.287(d)The statewide guidelines and standards shall be applied 288 as follows: 289 (a)1.Fixed thresholds.—290a.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 undergo293development-of-regional-impact review. 294 (b)b.A development that is at or above 100120percent of 295 any numerical threshold in the statewide guidelines and 296 standards is subject to subsection (12)shall berequired to297undergo development-of-regional-impact review. 298c. Projects certified under s. 403.973 which create at299least 100 jobs and meet the criteria of the Department of300Economic Opportunity as to their impact on an area’s economy,301employment, and prevailing wage and skill levels that are at or302below 100 percent of the numerical thresholds for industrial303plants, industrial parks, distribution, warehousing or304wholesaling facilities, office development or multiuse projects305other than residential, as described in s. 380.0651(3)(c) and306(f) are not required to undergo development-of-regional-impact307review.3082. Rebuttable presumption.—It shall be presumed that a309development that is at 100 percent or between 100 and 120310percent of a numerical threshold shall be required to undergo311development-of-regional-impact review.312(e) With respect to residential, hotel, motel, office, and313retail developments, the applicable guidelines and standards314shall be increased by 50 percent in urban central business315districts and regional activity centers of jurisdictions whose316local comprehensive plans are in compliance with part II of317chapter 163. With respect to multiuse developments, the318applicable individual use guidelines and standards for319residential, hotel, motel, office, and retail developments and320multiuse guidelines and standards shall be increased by 100321percent in urban central business districts and regional322activity centers of jurisdictions whose local comprehensive323plans are in compliance with part II of chapter 163, if one land324use of the multiuse development is residential and amounts to325not less than 35 percent of the jurisdiction’s applicable326residential threshold. With respect to resort or convention327hotel developments, the applicable guidelines and standards328shall be increased by 150 percent in urban central business329districts and regional activity centers of jurisdictions whose330local comprehensive plans are in compliance with part II of331chapter 163 and where the increase is specifically for a332proposed resort or convention hotel located in a county with a333population greater than 500,000 and the local government334specifically designates that the proposed resort or convention335hotel development will serve an existing convention center of336more than 250,000 gross square feet built before July 1, 1992.337The applicable guidelines and standards shall be increased by338150 percent for development in any area designated by the339Governor as a rural area of opportunity pursuant to s. 288.0656340during the effectiveness of the designation.341(3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND342STANDARDS.—The state land planning agency, a regional planning343agency, or a local government may petition the Administration344Commission to increase or decrease the numerical thresholds of345any statewide guideline and standard. The state land planning346agency or the regional planning agency may petition for an347increase or decrease for a particular local government’s348jurisdiction or a part of a particular jurisdiction. A local349government may petition for an increase or decrease within its350jurisdiction or a part of its jurisdiction. A number of requests351may be combined in a single petition.352(a) When a petition is filed, the state land planning353agency shall have no more than 180 days to prepare and submit to354the Administration Commission a report and recommendations on355the proposed variation. The report shall evaluate, and the356Administration Commission shall consider, the following357criteria:3581. Whether the local government has adopted and effectively359implemented a comprehensive plan that reflects and implements360the goals and objectives of an adopted state comprehensive plan.3612. Any applicable policies in an adopted strategic regional362policy plan.3633. Whether the local government has adopted and effectively364implemented both a comprehensive set of land development365regulations, which regulations shall include a planned unit366development ordinance, and a capital improvements plan that are367consistent with the local government comprehensive plan.3684. Whether the local government has adopted and effectively369implemented the authority and the fiscal mechanisms for370requiring developers to meet development order conditions.3715. Whether the local government has adopted and effectively372implemented and enforced satisfactory development review373procedures.374(b) The affected regional planning agency, adjoining local375governments, and the local government shall be given a376reasonable opportunity to submit recommendations to the377Administration Commission regarding any such proposed378variations.379(c) The Administration Commission shall have authority to380increase or decrease a threshold in the statewide guidelines and381standards up to 50 percent above or below the statewide382presumptive threshold. The commission may from time to time383reconsider changed thresholds and make additional variations as384it deems necessary.385(d) The Administration Commission shall adopt rules setting386forth the procedures for submission and review of petitions387filed pursuant to this subsection.388(e) Variations to guidelines and standards adopted by the389Administration Commission under this subsection shall be390transmitted on or before March 1 to the President of the Senate391and the Speaker of the House of Representatives for presentation392at the next regular session of the Legislature. Unless approved393as submitted by general law, the revisions shall not become394effective.395 (3)(4)BINDING LETTER.— 396 (a) Any binding letter previously issued to a developer by 397 the state land planning agency as toIf any developer is in398doubtwhether his or her proposed development must undergo 399 development-of-regional-impact reviewunder the guidelines and400standards, 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 actthe developer may request a406determination from the state land planning agency.The developer407or the appropriate local government having jurisdiction may408request that the state land planning agency determine whether409the amount of development that remains to be built in an410approved development of regional impact meets the criteria of411subparagraph (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 developmentUnless a developer waives the requirements of424this paragraph by agreeing to undergo development-of-regional425impact review pursuant to this section, the state land planning426agency or local government with jurisdiction over the land on427which a development is proposed may require a developer to428obtain a binding letter if the development is at a presumptive429numerical threshold or up to 20 percent above a numerical430threshold in the guidelines and standards. 431(c) Any local government may petition the state land432planning agency to require a developer of a development located433in an adjacent jurisdiction to obtain a binding letter of434interpretation. The petition shall contain facts to support a435finding that the development as proposed is a development of436regional impact. This paragraph shall not be construed to grant437standing to the petitioning local government to initiate an438administrative or judicial proceeding pursuant to this chapter.439(d) A request for a binding letter of interpretation shall440be in writing and in such form and content as prescribed by the441state land planning agency. Within 15 days of receiving an442application for a binding letter of interpretation or a443supplement to a pending application, the state land planning444agency shall determine and notify the applicant whether the445information in the application is sufficient to enable the446agency to issue a binding letter or shall request any additional447information needed. The applicant shall either provide the448additional information requested or shall notify the state land449planning agency in writing that the information will not be450supplied and the reasons therefor. If the applicant does not451respond to the request for additional information within 120452days, the application for a binding letter of interpretation453shall be deemed to be withdrawn. Within 35 days after454acknowledging receipt of a sufficient application, or of455receiving notification that the information will not be456supplied, the state land planning agency shall issue a binding457letter of interpretation with respect to the proposed458development. A binding letter of interpretation issued by the459state land planning agency shall bind all state, regional, and460local agencies, as well as the developer.461(e) In determining whether a proposed substantial change to462a development of regional impact concerning which rights had463previously vested pursuant to subsection (20) would divest such464rights, the state land planning agency shall review the proposed465change within the context of:4661. Criteria specified in paragraph (19)(b);4672. Its conformance with any adopted state comprehensive468plan and any rules of the state land planning agency;4693. All rights and obligations arising out of the vested470status of such development;4714. Permit conditions or requirements imposed by the472Department of Environmental Protection or any water management473district created by s. 373.069 or any of their successor474agencies or by any appropriate federal regulatory agency; and4755. Any regional impacts arising from the proposed change.476(f) If a proposed substantial change to a development of477regional impact concerning which rights had previously vested478pursuant to subsection (20) would result in reduced regional479impacts, the change shall not divest rights to complete the480development pursuant to subsection (20). Furthermore, where all481or a portion of the development of regional impact for which482rights had previously vested pursuant to subsection (20) is483demolished and reconstructed within the same approximate484footprint of buildings and parking lots, so that any change in485the size of the development does not exceed the criteria of486paragraph (19)(b), such demolition and reconstruction shall not487divest 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,498established pursuant to paragraph (g), shall beginto 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 the504appropriate local government having jurisdiction, the state land505planning agency may issueAn 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 actmeets the criteria of subparagraph512(15)(g)3. A clearance letter may be based solely on the513information provided by the developer, and the state land514planning agency is not required to conduct an investigation of515that information. If any material information provided by the516developer is incomplete or inaccurate, the clearance letter is517not binding upon the state land planning agency. A clearance518letter does not constitute final agency action. 519(5) AUTHORIZATION TO DEVELOP.—520(a)1. A developer who is required to undergo development521of-regional-impact review may undertake a development of522regional impact if the development has been approved under the523requirements of this section.5242. If the land on which the development is proposed is525within an area of critical state concern, the development must526also be approved under the requirements of s. 380.05.527(b) State or regional agencies may inquire whether a528proposed project is undergoing or will be required to undergo529development-of-regional-impact review. If a project is530undergoing or will be required to undergo development-of531regional-impact review, any state or regional permit necessary532for the construction or operation of the project that is valid533for 5 years or less shall take effect, and the period of time534for which the permit is valid shall begin to run, upon535expiration of the time allowed for an administrative appeal of536the development or upon final action following an administrative537appeal or judicial review, whichever is later. However, if the538application for development approval is not filed within 18539months after the issuance of the permit, the time of validity of540the permit shall be considered to be from the date of issuance541of the permit. If a project is required to obtain a binding542letter under subsection (4), any state or regional agency permit543necessary for the construction or operation of the project that544is valid for 5 years or less shall take effect, and the period545of time for which the permit is valid shall begin to run, only546after the developer obtains a binding letter stating that the547project is not required to undergo development-of-regional548impact review or after the developer obtains a development order549pursuant to this section.550(c) Prior to the issuance of a final development order, the551developer may elect to be bound by the rules adopted pursuant to552chapters 373 and 403 in effect when such development order is553issued. The rules adopted pursuant to chapters 373 and 403 in554effect at the time such development order is issued shall be555applicable to all applications for permits pursuant to those556chapters and which are necessary for and consistent with the557development authorized in such development order, except that a558later adopted rule shall be applicable to an application if:5591. The later adopted rule is determined by the rule560adopting agency to be essential to the public health, safety, or561welfare;5622. The later adopted rule is adopted pursuant to s.563403.061(27);5643. The later adopted rule is being adopted pursuant to a565subsequently enacted statutorily mandated program;5664. The later adopted rule is mandated in order for the567state to maintain delegation of a federal program; or5685. The later adopted rule is required by state or federal569law.570(d) The provision of day care service facilities in571developments approved pursuant to this section is permissible572but is not required.573 574Further, in order for any developer to apply for permits575pursuant to this provision, the application must be filed within5765 years from the issuance of the final development order and the577permit shall not be effective for more than 8 years from the578issuance of the final development order. Nothing in this579paragraph shall be construed to alter or change any permitting580agency’s authority to approve permits or to determine applicable581criteria for longer periods of time.582(6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT583PLAN AMENDMENTS.—584(a) Prior to undertaking any development, a developer that585is required to undergo development-of-regional-impact review586shall file an application for development approval with the587appropriate local government having jurisdiction. The588application shall contain, in addition to such other matters as589may be required, a statement that the developer proposes to590undertake a development of regional impact as required under591this section.592(b) Any local government comprehensive plan amendments593related to a proposed development of regional impact, including594any changes proposed under subsection (19), may be initiated by595a local planning agency or the developer and must be considered596by the local governing body at the same time as the application597for development approval using the procedures provided for local598plan amendment in s. 163.3184 and applicable local ordinances,599without regard to local limits on the frequency of consideration600of amendments to the local comprehensive plan. This paragraph601does not require favorable consideration of a plan amendment602solely because it is related to a development of regional603impact. The procedure for processing such comprehensive plan604amendments is as follows:6051. If a developer seeks a comprehensive plan amendment606related to a development of regional impact, the developer must607so notify in writing the regional planning agency, the608applicable local government, and the state land planning agency609no later than the date of preapplication conference or the610submission of the proposed change under subsection (19).6112. When filing the application for development approval or612the proposed change, the developer must include a written613request for comprehensive plan amendments that would be614necessitated by the development-of-regional-impact approvals615sought. That request must include data and analysis upon which616the applicable local government can determine whether to617transmit the comprehensive plan amendment pursuant to s.618163.3184.6193. The local government must advertise a public hearing on620the transmittal within 30 days after filing the application for621development approval or the proposed change and must make a622determination on the transmittal within 60 days after the623initial filing unless that time is extended by the developer.6244. If the local government approves the transmittal,625procedures set forth in s. 163.3184 must be followed.6265. Notwithstanding subsection (11) or subsection (19), the627local government may not hold a public hearing on the628application for development approval or the proposed change or629on the comprehensive plan amendments sooner than 30 days after630reviewing agency comments are due to the local government631pursuant to s. 163.3184.6326. The local government must hear both the application for633development approval or the proposed change and the634comprehensive plan amendments at the same hearing. However, the635local government must take action separately on the application636for development approval or the proposed change and on the637comprehensive plan amendments.6387. Thereafter, the appeal process for the local government639development order must follow the provisions of s. 380.07, and640the compliance process for the comprehensive plan amendments641must follow the provisions of s. 163.3184.642(7) PREAPPLICATION PROCEDURES.—643(a) Before filing an application for development approval,644the developer shall contact the regional planning agency having645jurisdiction over the proposed development to arrange a646preapplication conference. Upon the request of the developer or647the regional planning agency, other affected state and regional648agencies shall participate in this conference and shall identify649the types of permits issued by the agencies, the level of650information required, and the permit issuance procedures as651applied to the proposed development. The levels of service652required in the transportation methodology shall be the same653levels of service used to evaluate concurrency in accordance654with s. 163.3180. The regional planning agency shall provide the655developer information about the development-of-regional-impact656process and the use of preapplication conferences to identify657issues, coordinate appropriate state and local agency658requirements, and otherwise promote a proper and efficient659review of the proposed development. If an agreement is reached660regarding assumptions and methodology to be used in the661application for development approval, the reviewing agencies may662not subsequently object to those assumptions and methodologies663unless subsequent changes to the project or information obtained664during the review make those assumptions and methodologies665inappropriate. The reviewing agencies may make only666recommendations or comments regarding a proposed development667which are consistent with the statutes, rules, or adopted local668government ordinances that are applicable to developments in the669jurisdiction where the proposed development is located.670(b) The regional planning agency shall establish by rule a671procedure by which a developer may enter into binding written672agreements with the regional planning agency to eliminate673questions from the application for development approval when674those questions are found to be unnecessary for development-of675regional-impact review. It is the legislative intent of this676subsection to encourage reduction of paperwork, to discourage677unnecessary gathering of data, and to encourage the coordination678of the development-of-regional-impact review process with679federal, state, and local environmental reviews when such680reviews are required by law.681(c) If the application for development approval is not682submitted within 1 year after the date of the preapplication683conference, the regional planning agency, the local government684having jurisdiction, or the applicant may request that another685preapplication conference be held.686(8) PRELIMINARY DEVELOPMENT AGREEMENTS.—687(a) A developer may enter into a written preliminary688development agreement with the state land planning agency to689allow a developer to proceed with a limited amount of the total690proposed development, subject to all other governmental691approvals and solely at the developer’s own risk, prior to692issuance of a final development order. All owners of the land in693the total proposed development shall join the developer as694parties to the agreement. Each agreement shall include and be695subject to the following conditions:6961. The developer shall comply with the preapplication697conference requirements pursuant to subsection (7) within 45698days after the execution of the agreement.6992. The developer shall file an application for development700approval for the total proposed development within 3 months701after execution of the agreement, unless the state land planning702agency agrees to a different time for good cause shown. Failure703to timely file an application and to otherwise diligently704proceed in good faith to obtain a final development order shall705constitute a breach of the preliminary development agreement.7063. The agreement shall include maps and legal descriptions707of both the preliminary development area and the total proposed708development area and shall specifically describe the preliminary709development in terms of magnitude and location. The area710approved for preliminary development must be included in the711application for development approval and shall be subject to the712terms and conditions of the final development order.7134. The preliminary development shall be limited to lands714that the state land planning agency agrees are suitable for715development and shall only be allowed in areas where adequate716public infrastructure exists to accommodate the preliminary717development, when such development will utilize public718infrastructure. The developer must also demonstrate that the719preliminary development will not result in material adverse720impacts to existing resources or existing or planned facilities.7215. The preliminary development agreement may allow722development which is:723a.Less than 100 percent of any applicable threshold if the724developer demonstrates that such development is consistent with725subparagraph 4.; or726b. Less than 120 percent of any applicable threshold if the727developer demonstrates that such development is part of a728proposed downtown development of regional impact specified in729subsection (22) or part of any areawide development of regional730impact specified in subsection (25) and that the development is731consistent with subparagraph 4.7326. The developer and owners of the land may not claim733vested rights, or assert equitable estoppel, arising from the734agreement or any expenditures or actions taken in reliance on735the agreement to continue with the total proposed development736beyond the preliminary development. The agreement shall not737entitle the developer to a final development order approving the738total proposed development or to particular conditions in a739final development order.7407. The agreement shall not prohibit the regional planning741agency from reviewing or commenting on any regional issue that742the regional agency determines should be included in the743regional agency’s report on the application for development744approval.7458. The agreement shall include a disclosure by the746developer and all the owners of the land in the total proposed747development of all land or development within 5 miles of the748total proposed development in which they have an interest and749shall describe such interest.7509. In the event of a breach of the agreement or failure to751comply with any condition of the agreement, or if the agreement752was based on materially inaccurate information, the state land753planning agency may terminate the agreement or file suit to754enforce the agreement as provided in this section and s. 380.11,755including a suit to enjoin all development.75610. A notice of the preliminary development agreement shall757be recorded by the developer in accordance with s. 28.222 with758the clerk of the circuit court for each county in which land759covered by the terms of the agreement is located. The notice760shall include a legal description of the land covered by the761agreement and shall state the parties to the agreement, the date762of adoption of the agreement and any subsequent amendments, the763location where the agreement may be examined, and that the764agreement constitutes a land development regulation applicable765to portions of the land covered by the agreement. The provisions766of the agreement shall inure to the benefit of and be binding767upon successors and assigns of the parties in the agreement.76811. Except for those agreements which authorize preliminary769development for substantial deviations pursuant to subsection770(19), a developer who no longer wishes to pursue a development771of regional impact may propose to abandon any preliminary772development agreement executed after January 1, 1985, including773those pursuant to s. 380.032(3), provided at the time of774abandonment:775a. A final development order under this section has been776rendered that approves all of the development actually777constructed; or778b. The amount of development is less than 100 percent of779all numerical thresholds of the guidelines and standards, and780the state land planning agency determines in writing that the781development to date is in compliance with all applicable local782regulations and the terms and conditions of the preliminary783development agreement and otherwise adequately mitigates for the784impacts of the development to date.785 786In either event, when a developer proposes to abandon said787agreement, the developer shall give written notice and state788that he or she is no longer proposing a development of regional789impact and provide adequate documentation that he or she has met790the criteria for abandonment of the agreement to the state land791planning agency. Within 30 days of receipt of adequate792documentation of such notice, the state land planning agency793shall make its determination as to whether or not the developer794meets the criteria for abandonment. Once the state land planning795agency determines that the developer meets the criteria for796abandonment, the state land planning agency shall issue a notice797of abandonment which shall be recorded by the developer in798accordance with s. 28.222 with the clerk of the circuit court799for each county in which land covered by the terms of the800agreement is located.801(b) The state land planning agency may enter into other802types of agreements to effectuate the provisions of this act as803provided in s. 380.032.804(c) The provisions of this subsection shall also be805available to a developer who chooses to seek development806approval of a Florida Quality Development pursuant to s.807380.061.808(9) CONCEPTUAL AGENCY REVIEW.—809(a)1. In order to facilitate the planning and preparation810of permit applications for projects that undergo development-of811regional-impact review, and in order to coordinate the812information required to issue such permits, a developer may813elect to request conceptual agency review under this subsection814either concurrently with development-of-regional-impact review815and comprehensive plan amendments, if applicable, or subsequent816to a preapplication conference held pursuant to subsection (7).8172. “Conceptual agency review” means general review of the818proposed location, densities, intensity of use, character, and819major design features of a proposed development required to820undergo review under this section for the purpose of considering821whether these aspects of the proposed development comply with822the issuing agency’s statutes and rules.8233. Conceptual agency review is a licensing action subject824to chapter 120, and approval or denial constitutes final agency825action, except that the 90-day time period specified in s.826120.60(1) shall be tolled for the agency when the affected827regional planning agency requests information from the developer828pursuant to paragraph (10)(b). If proposed agency action on the829conceptual approval is the subject of a proceeding under ss.830120.569 and 120.57, final agency action shall be conclusive as831to any issues actually raised and adjudicated in the proceeding,832and such issues may not be raised in any subsequent proceeding833under ss. 120.569 and 120.57 on the proposed development by any834parties to the prior proceeding.8354. A conceptual agency review approval shall be valid for836up to 10 years, unless otherwise provided in a state or regional837agency rule, and may be reviewed and reissued for additional838periods of time under procedures established by the agency.839(b) The Department of Environmental Protection, each water840management district, and each other state or regional agency841that requires construction or operation permits shall establish842by rule a set of procedures necessary for conceptual agency843review for the following permitting activities within their844respective regulatory jurisdictions:8451. The construction and operation of potential sources of846water pollution, including industrial wastewater, domestic847wastewater, and stormwater.8482. Dredging and filling activities.8493. The management and storage of surface waters.8504. The construction and operation of works of the district,851only if a conceptual agency review approval is requested under852subparagraph 3.853 854Any state or regional agency may establish rules for conceptual855agency review for any other permitting activities within its856respective regulatory jurisdiction.857(c)1. Each agency participating in conceptual agency858reviews shall determine and establish by rule its information859and application requirements and furnish these requirements to860the state land planning agency and to any developer seeking861conceptual agency review under this subsection.8622. Each agency shall cooperate with the state land planning863agency to standardize, to the extent possible, review864procedures, data requirements, and data collection methodologies865among all participating agencies, consistent with the866requirements of the statutes that establish the permitting867programs for each agency.868(d) At the conclusion of the conceptual agency review, the869agency shall give notice of its proposed agency action as870required by s. 120.60(3) and shall forward a copy of the notice871to the appropriate regional planning council with a report872setting out the agency’s conclusions on potential development873impacts and stating whether the agency intends to grant874conceptual approval, with or without conditions, or to deny875conceptual approval. If the agency intends to deny conceptual876approval, the report shall state the reasons therefor. The877agency may require the developer to publish notice of proposed878agency action in accordance with s. 403.815.879(e) An agency’s decision to grant conceptual approval shall880not relieve the developer of the requirement to obtain a permit881and to meet the standards for issuance of a construction or882operation permit or to meet the agency’s information883requirements for such a permit. Nevertheless, there shall be a884rebuttable presumption that the developer is entitled to receive885a construction or operation permit for an activity for which the886agency granted conceptual review approval, to the extent that887the project for which the applicant seeks a permit is in888accordance with the conceptual approval and with the agency’s889standards and criteria for issuing a construction or operation890permit. The agency may revoke or appropriately modify a valid891conceptual approval if the agency shows:8921. That an applicant or his or her agent has submitted893materially false or inaccurate information in the application894for conceptual approval;8952. That the developer has violated a condition of the896conceptual approval; or8973. That the development will cause a violation of the898agency’s applicable laws or rules.899(f) Nothing contained in this subsection shall modify or900abridge the law of vested rights or estoppel.901(g) Nothing contained in this subsection shall be construed902to preclude an agency from adopting rules for conceptual review903for developments which are not developments of regional impact.904(10) APPLICATION; SUFFICIENCY.—905(a) When an application for development approval is filed906with a local government, the developer shall also send copies of907the application to the appropriate regional planning agency and908the state land planning agency.909(b) If a regional planning agency determines that the910application for development approval is insufficient for the911agency to discharge its responsibilities under subsection (12),912it shall provide in writing to the appropriate local government913and the applicant a statement of any additional information914desired within 30 days of the receipt of the application by the915regional planning agency. The applicant may supply the916information requested by the regional planning agency and shall917communicate its intention to do so in writing to the appropriate918local government and the regional planning agency within 5919working days of the receipt of the statement requesting such920information, or the applicant shall notify the appropriate local921government and the regional planning agency in writing that the922requested information will not be supplied. Within 30 days after923receipt of such additional information, the regional planning924agency shall review it and may request only that information925needed to clarify the additional information or to answer new926questions raised by, or directly related to, the additional927information. The regional planning agency may request additional928information no more than twice, unless the developer waives this929limitation. If an applicant does not provide the information930requested by a regional planning agency within 120 days of its931request, or within a time agreed upon by the applicant and the932regional planning agency, the application shall be considered933withdrawn.934(c) The regional planning agency shall notify the local935government that a public hearing date may be set when the936regional planning agency determines that the application is937sufficient or when it receives notification from the developer938that the additional requested information will not be supplied,939as provided for in paragraph (b).940(11) LOCAL NOTICE.—Upon receipt of the sufficiency941notification from the regional planning agency required by942paragraph (10)(c), the appropriate local government shall give943notice and hold a public hearing on the application in the same944manner as for a rezoning as provided under the appropriate945special or local law or ordinance, except that such hearing946proceedings shall be recorded by tape or a certified court947reporter and made available for transcription at the expense of948any interested party. When a development of regional impact is949proposed within the jurisdiction of more than one local950government, the local governments, at the request of the951developer, may hold a joint public hearing. The local government952shall comply with the following additional requirements:953(a) The notice of public hearing shall state that the954proposed development is undergoing a development-of-regional955impact review.956(b) The notice shall be published at least 60 days in957advance of the hearing and shall specify where the information958and reports on the development-of-regional-impact application959may be reviewed.960(c) The notice shall be given to the state land planning961agency, to the applicable regional planning agency, to any state962or regional permitting agency participating in a conceptual963agency review process under subsection (9), and to such other964persons as may have been designated by the state land planning965agency as entitled to receive such notices.966(d) A public hearing date shall be set by the appropriate967local government at the next scheduled meeting. The public968hearing shall be held no later than 90 days after issuance of969notice by the regional planning agency that a public hearing may970be set, unless an extension is requested by the applicant.971(12) REGIONAL REPORTS.—972(a) Within 50 days after receipt of the notice of public973hearing required in paragraph (11)(c), the regional planning974agency, if one has been designated for the area including the975local government, shall prepare and submit to the local976government a report and recommendations on the regional impact977of the proposed development. In preparing its report and978recommendations, the regional planning agency shall identify979regional issues based upon the following review criteria and980make recommendations to the local government on these regional981issues, specifically considering whether, and the extent to982which:9831. The development will have a favorable or unfavorable984impact on state or regional resources or facilities identified985in the applicable state or regional plans. As used in this986subsection, the term “applicable state plan” means the state987comprehensive plan. As used in this subsection, the term988“applicable regional plan” means an adopted strategic regional989policy plan.9902. The development will significantly impact adjacent991jurisdictions. At the request of the appropriate local992government, regional planning agencies may also review and993comment upon issues that affect only the requesting local994government.9953. As one of the issues considered in the review in996subparagraphs 1. and 2., the development will favorably or997adversely affect the ability of people to find adequate housing998reasonably accessible to their places of employment if the999regional planning agency has adopted an affordable housing1000policy as part of its strategic regional policy plan. The1001determination should take into account information on factors1002that are relevant to the availability of reasonably accessible1003adequate housing. Adequate housing means housing that is1004available for occupancy and that is not substandard.1005(b) The regional planning agency report must contain1006recommendations that are consistent with the standards required1007by the applicable state permitting agencies or the water1008management district.1009(c) At the request of the regional planning agency, other1010appropriate agencies shall review the proposed development and1011shall prepare reports and recommendations on issues that are1012clearly within the jurisdiction of those agencies. Such agency1013reports shall become part of the regional planning agency1014report; however, the regional planning agency may attach1015dissenting views. When water management district and Department1016of Environmental Protection permits have been issued pursuant to1017chapter 373 or chapter 403, the regional planning council may1018comment on the regional implications of the permits but may not1019offer conflicting recommendations.1020(d) The regional planning agency shall afford the developer1021or any substantially affected party reasonable opportunity to1022present evidence to the regional planning agency head relating1023to the proposed regional agency report and recommendations.1024(e) If the location of a proposed development involves land1025within the boundaries of multiple regional planning councils,1026the state land planning agency shall designate a lead regional1027planning council. The lead regional planning council shall1028prepare the regional report.1029(13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the1030development is in an area of critical state concern, the local1031government shall approve it only if it complies with the land1032development regulations therefor under s. 380.05 and the1033provisions of this section. The provisions of this section shall1034not apply to developments in areas of critical state concern1035which had pending applications and had been noticed or agendaed1036by local government after September 1, 1985, and before October10371, 1985, for development order approval. In all such cases, the1038state land planning agency may consider and address applicable1039regional issues contained in subsection (12) as part of its1040area-of-critical-state-concern review pursuant to ss. 380.05,1041380.07, and 380.11.1042(14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If1043the development is not located in an area of critical state1044concern, in considering whether the development is approved,1045denied, or approved subject to conditions, restrictions, or1046limitations, the local government shall consider whether, and1047the extent to which:1048(a) The development is consistent with the local1049comprehensive plan and local land development regulations.1050(b) The development is consistent with the report and1051recommendations of the regional planning agency submitted1052pursuant to subsection (12).1053(c) The development is consistent with the State1054Comprehensive Plan. In consistency determinations, the plan1055shall be construed and applied in accordance with s. 187.101(3).1056 1057However, a local government may approve a change to a1058development authorized as a development of regional impact if1059the change has the effect of reducing the originally approved1060height, density, or intensity of the development and if the1061revised development would have been consistent with the1062comprehensive plan in effect when the development was originally1063approved. If the revised development is approved, the developer1064may 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 1071appropriate local government shall render adecision on the1072application within 30 days after the hearing unless an extension1073is requested by the developer. 1074(b) When possible, local governments shall issue1075development orders concurrently with any other local permits or1076development approvals that may be applicable to the proposed1077development.1078(c) The development order shall include findings of fact1079and conclusions of law consistent with subsections (13) and1080(14). The development order:10811. Shall specify the monitoring procedures and the local1082official responsible for assuring compliance by the developer1083with the development order.10842. Shall establish compliance dates for the development1085order, including a deadline for commencing physical development1086and for compliance with conditions of approval or phasing1087requirements, and shall include a buildout date that reasonably1088reflects the time anticipated to complete the development.10893. Shall establish adate until whenwhichthe local 1090 government agrees that the approved development of regional 1091 impact willshallnot 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 besubparagraph shall be nosooner 1100 than the buildout date of the project. 11014. Shall specify the requirements for the biennial report1102designated under subsection (18), including the date of1103submission, parties to whom the report is submitted, and1104contents of the report, based upon the rules adopted by the1105state land planning agency. Such rules shall specify the scope1106of any additional local requirements that may be necessary for1107the report.11085. May specify the types of changes to the development1109which shall require submission for a substantial deviation1110determination or a notice of proposed change under subsection1111(19).11126. Shall include a legal description of the property.1113(d) Conditions of a development order that require a1114developer to contribute land for a public facility or construct,1115expand, or pay for land acquisition or construction or expansion1116of a public facility, or portion thereof, shall meet the1117following criteria:11181. The need to construct new facilities or add to the1119present system of public facilities must be reasonably1120attributable to the proposed development.11212. Any contribution of funds, land, or public facilities1122required from the developer shall be comparable to the amount of1123funds, land, or public facilities that the state or the local1124government would reasonably expect to expend or provide, based1125on projected costs of comparable projects, to mitigate the1126impacts reasonably attributable to the proposed development.11273. Any funds or lands contributed must be expressly1128designated and used to mitigate impacts reasonably attributable1129to the proposed development.11304. Construction or expansion of a public facility by a1131nongovernmental developer as a condition of a development order1132to mitigate the impacts reasonably attributable to the proposed1133development is not subject to competitive bidding or competitive1134negotiation for selection of a contractor or design professional1135for any part of the construction or design.1136 (b)(e)1. A local government mayshallnot 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 negotiationA local government shall not approve a development1155of regional impact that does not make adequate provision for the1156public facilities needed to accommodate the impacts of the1157proposed development unless the local government includes in the1158development order a commitment by the local government to1159provide these facilities consistently with the development1160schedule approved in the development order; however, a local1161government’s failure to meet the requirements of subparagraph 1.1162and this subparagraph shall not preclude the issuance of a1163development order where adequate provision is made by the1164developer for the public facilities needed to accommodate the1165impacts of the proposed development. Any funds or lands1166contributed by a developer must be expressly designated and used1167to accommodate impacts reasonably attributable to the proposed1168development. 11693. The Department of Economic Opportunity and other state1170and regional agencies involved in the administration and1171implementation of this act shall cooperate and work with units1172of local government in preparing and adopting local impact fee1173and other contribution ordinances.1174 (c)(f)Notice of the adoption of an amendmenta development1175order or the subsequent amendmentsto 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 1186shallnot 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 theAlocal 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 permit1201for a development subsequent to the buildout date contained in1202the development order unless:12031. The proposed development has been evaluated cumulatively1204with existing development under the substantial deviation1205provisions of subsection (19) after the termination or1206expiration date;12072. The proposed development is consistent with an1208abandonment of development order that has been issued in1209accordance with subsection (26);12103. The development of regional impact is essentially built1211out, in that all the mitigation requirements in the development1212order have been satisfied, all developers are in compliance with1213all applicable terms and conditions of the development order1214except the buildout date, and the amount of proposed development1215that remains to be built is less than 40 percent of any1216applicable development-of-regional-impact threshold; or12174. The project has been determined to be an essentially1218built-out development of regional impact through an agreement1219executed by the developer, the state land planning agency, and1220the local government, in accordance with s. 380.032, which will1221establish the terms and conditions under which the development1222may be continued. If the project is determined to be essentially1223built out, development may proceed pursuant to the s. 380.0321224agreement after the termination or expiration date contained in1225the development order without further development-of-regional1226impact review subject to the local government comprehensive plan1227and land development regulations. The parties may amend the1228agreement without submission, review, or approval of a1229notification of proposed change pursuant to subsection (19). For1230the purposes of this paragraph, a development of regional impact1231is considered essentially built out, if:1232a. The developers are in compliance with all applicable1233terms and conditions of the development order except the1234buildout date or reporting requirements; and1235b.(I) The amount of development that remains to be built is1236less than the substantial deviation threshold specified in1237paragraph (19)(b) for each individual land use category, or, for1238a multiuse development, the sum total of all unbuilt land uses1239as a percentage of the applicable substantial deviation1240threshold is equal to or less than 100 percent; or1241(II) The state land planning agency and the local1242government have agreed in writing that the amount of development1243to be built does not create the likelihood of any additional1244regional impact not previously reviewed.1245 1246The single-family residential portions of a development may be1247considered essentially built out if all of the workforce housing1248obligations and all of the infrastructure and horizontal1249development have been completed, at least 50 percent of the1250dwelling units have been completed, and more than 80 percent of1251the lots have been conveyed to third-party individual lot owners1252or to individual builders who own no more than 40 lots at the1253time of the determination. The mobile home park portions of a1254development may be considered essentially built out if all the1255infrastructure and horizontal development has been completed,1256and at least 50 percent of the lots are leased to individual1257mobile home owners. In order to accommodate changing market1258demands and achieve maximum land use efficiency in an1259essentially built out project, when a developer is building out1260a project, a local government, without the concurrence of the1261state land planning agency, may adopt a resolution authorizing1262the developer to exchange one approved land use for another1263approved land use as specified in the agreement. Before the1264issuance of a building permit pursuant to an exchange, the1265developer must demonstrate to the local government that the1266exchange ratio will not result in a net increase in impacts to1267public facilities and will meet all applicable requirements of1268the comprehensive plan and land development code. For1269developments previously determined to impact strategic1270intermodal facilities as defined in s. 339.63, the local1271government shall consult with the Department of Transportation1272before approving the exchange.1273(h) If the property is annexed by another local1274jurisdiction, the annexing jurisdiction shall adopt a new1275development order that incorporates all previous rights and1276obligations 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 thereofIf the development order requires the1289developer to contribute land or a public facility or construct,1290expand, or pay for land acquisition or construction or expansion1291of a public facility, or portion thereof, and the developer is1292also subject by local ordinance to impact fees or exactions to1293meet the same needs, the local government shall establish and1294implement a procedure that credits a development order exaction1295or fee toward an impact fee or exaction imposed by local1296ordinance for the same need; however, if the Florida Land and1297Water Adjudicatory Commission imposes any additional1298requirement, the local government shall not be required to grant1299a credit toward the local exaction or impact fee unless the1300local government determines that such required contribution,1301payment, or construction meets the same need that the local1302exaction or impact fee would address. The nongovernmental1303developer need not be required, by virtue of this credit, to1304competitively bid or negotiate any part of the construction or1305design of the facility, unless otherwise requested by the local1306government. 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) AnyThe local government and the developer may enter1318intocapital 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 actagreementsas 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 the1330development order is primarily responsible for monitoring the1331development and enforcing the provisions of the development1332order. Local governments shall not issue any permits or1333approvals or provide any extensions of services if the developer1334fails to act in substantial compliance with the development1335order.1336 (6)(18)BIENNIALREPORTS.—Notwithstanding any condition in 1337 a development order for an approved development of regional 1338 impact, the developer is not required toshallsubmit 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 agenciesin1342alternate 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 governmentdevelopment order by its terms requires more frequent1347monitoring. If the report is not received, the state land1348planning agency shall notify the local government. If the local1349government does not receive the report or receives notification1350that the state land planning agency has not received the report,1351the local government shall request in writing that the developer1352submit the report within 30 days. The failure to submit the1353report after 30 days shall result in the temporary suspension of1354the development order by the local government. If no additional1355development pursuant to the development order has occurred since1356the submission of the previous report, then a letter from the1357developer stating that no development has occurred shall satisfy1358the requirement for a report. Development orders that require1359annual reports may be amended to require biennial reports at the1360option of the local government. 1361 (7)(19)CHANGESSUBSTANTIAL 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 changewhich creates a reasonable1390likelihood of additional regional impact, or any type of1391regional impact created by the change not previously reviewed by1392the regional planning agency, shall constitute a substantial1393deviation and shall cause the proposed change to be subject to1394further development-of-regional-impact review. There are a1395variety of reasons why a developer may wish to propose changes1396to an approved development of regional impact, including changed1397market conditions. The procedures set forth in this subsection1398are 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 approvedAny proposed1411change to a previously approved development of regional impact1412or development order condition which, either individually or1413cumulatively with other changes, exceeds any of the criteria in1414subparagraphs 1.-11. constitutes a substantial deviation and1415shall cause the development to be subject to further1416development-of-regional-impact review through the notice of1417proposed change process under this section. 14181. An increase in the number of parking spaces at an1419attraction or recreational facility by 15 percent or 500 spaces,1420whichever is greater, or an increase in the number of spectators1421that may be accommodated at such a facility by 15 percent or14221,500 spectators, whichever is greater.14232. A new runway, a new terminal facility, a 25 percent1424lengthening of an existing runway, or a 25 percent increase in1425the number of gates of an existing terminal, but only if the1426increase adds at least three additional gates.14273. An increase in land area for office development by 151428percent or an increase of gross floor area of office development1429by 15 percent or 100,000 gross square feet, whichever is1430greater.14314. An increase in the number of dwelling units by 101432percent or 55 dwelling units, whichever is greater.14335. An increase in the number of dwelling units by 501434percent or 200 units, whichever is greater, provided that 151435percent of the proposed additional dwelling units are dedicated1436to affordable workforce housing, subject to a recorded land use1437restriction that shall be for a period of not less than 20 years1438and that includes resale provisions to ensure long-term1439affordability for income-eligible homeowners and renters and1440provisions for the workforce housing to be commenced before the1441completion of 50 percent of the market rate dwelling. For1442purposes of this subparagraph, the term “affordable workforce1443housing” means housing that is affordable to a person who earns1444less than 120 percent of the area median income, or less than1445140 percent of the area median income if located in a county in1446which the median purchase price for a single-family existing1447home exceeds the statewide median purchase price of a single1448family existing home. For purposes of this subparagraph, the1449term “statewide median purchase price of a single-family1450existing home” means the statewide purchase price as determined1451in the Florida Sales Report, Single-Family Existing Homes,1452released each January by the Florida Association of Realtors and1453the University of Florida Real Estate Research Center.14546. An increase in commercial development by 60,000 square1455feet of gross floor area or of parking spaces provided for1456customers for 425 cars or a 10 percent increase, whichever is1457greater.14587. An increase in a recreational vehicle park area by 101459percent or 110 vehicle spaces, whichever is less.14608. A decrease in the area set aside for open space of 51461percent or 20 acres, whichever is less.14629. A proposed increase to an approved multiuse development1463of regional impact where the sum of the increases of each land1464use as a percentage of the applicable substantial deviation1465criteria is equal to or exceeds 110 percent. The percentage of1466any decrease in the amount of open space shall be treated as an1467increase for purposes of determining when 110 percent has been1468reached or exceeded.146910. A 15 percent increase in the number of external vehicle1470trips generated by the development above that which was1471projected during the original development-of-regional-impact1472review.147311. Any change that would result in development of any area1474which was specifically set aside in the application for1475development approval or in the development order for1476preservation or special protection of endangered or threatened1477plants or animals designated as endangered, threatened, or1478species of special concern and their habitat, any species1479protected by 16 U.S.C. ss. 668a-668d, primary dunes, or1480archaeological and historical sites designated as significant by1481the Division of Historical Resources of the Department of State.1482The refinement of the boundaries and configuration of such areas1483shall be considered under sub-subparagraph (e)2.j.1484 1485The substantial deviation numerical standards in subparagraphs14863., 6., and 9., excluding residential uses, and in subparagraph148710., are increased by 100 percent for a project certified under1488s. 403.973 which creates jobs and meets criteria established by1489the Department of Economic Opportunity as to its impact on an1490area’s economy, employment, and prevailing wage and skill1491levels. The substantial deviation numerical standards in1492subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 501493percent for a project located wholly within an urban infill and1494redevelopment area designated on the applicable adopted local1495comprehensive plan future land use map and not located within1496the 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 regulationsAn extension of the date of1506buildout of a development, or any phase thereof, by more than 71507years is presumed to create a substantial deviation subject to1508further development-of-regional-impact review. 15091. An extension of the date of buildout, or any phase1510thereof, of more than 5 years but not more than 7 years is1511presumed not to create a substantial deviation. The extension of1512the date of buildout of an areawide development of regional1513impact by more than 5 years but less than 10 years is presumed1514not to create a substantial deviation. These presumptions may be1515rebutted by clear and convincing evidence at the public hearing1516held by the local government. An extension of 5 years or less is1517not a substantial deviation.15182. In recognition of the 2011 real estate market1519conditions, at the option of the developer, all commencement,1520phase, buildout, and expiration dates for projects that are1521currently valid developments of regional impact are extended for15224 years regardless of any previous extension. Associated1523mitigation requirements are extended for the same period unless,1524before December 1, 2011, a governmental entity notifies a1525developer that has commenced any construction within the phase1526for which the mitigation is required that the local government1527has entered into a contract for construction of a facility with1528funds to be provided from the development’s mitigation funds for1529that phase as specified in the development order or written1530agreement with the developer. The 4-year extension is not a1531substantial deviation, is not subject to further development-of1532regional-impact review, and may not be considered when1533determining whether a subsequent extension is a substantial1534deviation under this subsection. The developer must notify the1535local government in writing by December 31, 2011, in order to1536receive the 4-year extension.1537 1538For the purpose of calculating when a buildout or phase date has1539been exceeded, the time shall be tolled during the pendency of1540administrative or judicial proceedings relating to development1541permits. Any extension of the buildout date of a project or a1542phase thereof shall automatically extend the commencement date1543of the project, the termination date of the development order,1544the expiration date of the development of regional impact, and1545the phases thereof if applicable by a like period of time.1546(d) A change in the plan of development of an approved1547development of regional impact resulting from requirements1548imposed by the Department of Environmental Protection or any1549water management district created by s. 373.069 or any of their1550successor agencies or by any appropriate federal regulatory1551agency shall be submitted to the local government pursuant to1552this subsection. The change shall be presumed not to create a1553substantial deviation subject to further development-of1554regional-impact review. The presumption may be rebutted by clear1555and convincing evidence at the public hearing held by the local1556government.1557(e)1. Except for a development order rendered pursuant to1558subsection (22) or subsection (25), a proposed change to a1559development order which individually or cumulatively with any1560previous change is less than any numerical criterion contained1561in subparagraphs (b)1.-10. and does not exceed any other1562criterion, or which involves an extension of the buildout date1563of a development, or any phase thereof, of less than 5 years is1564not subject to the public hearing requirements of subparagraph1565(f)3., and is not subject to a determination pursuant to1566subparagraph (f)5. Notice of the proposed change shall be made1567to the regional planning council and the state land planning1568agency. Such notice must include a description of previous1569individual changes made to the development, including changes1570previously approved by the local government, and must include1571appropriate amendments to the development order.15722. The following changes, individually or cumulatively with1573any previous changes, are not substantial deviations:1574a. Changes in the name of the project, developer, owner, or1575monitoring official.1576b. Changes to a setback which do not affect noise buffers,1577environmental protection or mitigation areas, or archaeological1578or historical resources.1579c. Changes to minimum lot sizes.1580d. Changes in the configuration of internal roads which do1581not affect external access points.1582e. Changes to the building design or orientation which stay1583approximately within the approved area designated for such1584building and parking lot, and which do not affect historical1585buildings designated as significant by the Division of1586Historical Resources of the Department of State.1587f. Changes to increase the acreage in the development, if1588no development is proposed on the acreage to be added.1589g. Changes to eliminate an approved land use, if there are1590no additional regional impacts.1591h. Changes required to conform to permits approved by any1592federal, state, or regional permitting agency, if these changes1593do not create additional regional impacts.1594i. Any renovation or redevelopment of development within a1595previously approved development of regional impact which does1596not change land use or increase density or intensity of use.1597j. Changes that modify boundaries and configuration of1598areas described in subparagraph (b)11. due to science-based1599refinement of such areas by survey, by habitat evaluation, by1600other recognized assessment methodology, or by an environmental1601assessment. In order for changes to qualify under this sub1602subparagraph, the survey, habitat evaluation, or assessment must1603occur before the time that a conservation easement protecting1604such lands is recorded and must not result in any net decrease1605in the total acreage of the lands specifically set aside for1606permanent preservation in the final development order.1607k. Changes that do not increase the number of external peak1608hour trips and do not reduce open space and conserved areas1609within the project except as otherwise permitted by sub1610subparagraph j.1611l. A phase date extension, if the state land planning1612agency, in consultation with the regional planning council and1613subject to the written concurrence of the Department of1614Transportation, agrees that the traffic impact is not1615significant and adverse under applicable state agency rules.1616m. Any other change that the state land planning agency, in1617consultation with the regional planning council, agrees in1618writing is similar in nature, impact, or character to the1619changes enumerated in sub-subparagraphs a.-l. and that does not1620create the likelihood of any additional regional impact.1621 1622This subsection does not require the filing of a notice of1623proposed change but requires an application to the local1624government to amend the development order in accordance with the1625local government’s procedures for amendment of a development1626order. In accordance with the local government’s procedures,1627including requirements for notice to the applicant and the1628public, the local government shall either deny the application1629for amendment or adopt an amendment to the development order1630which approves the application with or without conditions.1631Following adoption, the local government shall render to the1632state land planning agency the amendment to the development1633order. The state land planning agency may appeal, pursuant to s.1634380.07(3), the amendment to the development order if the1635amendment involves sub-subparagraph g., sub-subparagraph h.,1636sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.1637and if the agency believes that the change creates a reasonable1638likelihood of new or additional regional impacts.16393. Except for the change authorized by sub-subparagraph16402.f., any addition of land not previously reviewed or any change1641not specified in paragraph (b) or paragraph (c) shall be1642presumed to create a substantial deviation. This presumption may1643be rebutted by clear and convincing evidence.16444. Any submittal of a proposed change to a previously1645approved development must include a description of individual1646changes previously made to the development, including changes1647previously approved by the local government. The local1648government shall consider the previous and current proposed1649changes in deciding whether such changes cumulatively constitute1650a substantial deviation requiring further development-of1651regional-impact review.16525. The following changes to an approved development of1653regional impact shall be presumed to create a substantial1654deviation. Such presumption may be rebutted by clear and1655convincing evidence:1656a. A change proposed for 15 percent or more of the acreage1657to a land use not previously approved in the development order.1658Changes of less than 15 percent shall be presumed not to create1659a substantial deviation.1660b. Notwithstanding any provision of paragraph (b) to the1661contrary, a proposed change consisting of simultaneous increases1662and decreases of at least two of the uses within an authorized1663multiuse development of regional impact which was originally1664approved with three or more uses specified in s. 380.0651(3)(c)1665and (d) and residential use.16666. If a local government agrees to a proposed change, a1667change in the transportation proportionate share calculation and1668mitigation plan in an adopted development order as a result of1669recalculation of the proportionate share contribution meeting1670the requirements of s. 163.3180(5)(h) in effect as of the date1671of such change shall be presumed not to create a substantial1672deviation. For purposes of this subsection, the proposed change1673in the proportionate share calculation or mitigation plan may1674not be considered an additional regional transportation impact.1675(f)1. The state land planning agency shall establish by1676rule standard forms for submittal of proposed changes to a1677previously approved development of regional impact which may1678require further development-of-regional-impact review. At a1679minimum, the standard form shall require the developer to1680provide the precise language that the developer proposes to1681delete or add as an amendment to the development order.16822. The developer shall submit, simultaneously, to the local1683government, the regional planning agency, and the state land1684planning agency the request for approval of a proposed change.16853. No sooner than 30 days but no later than 45 days after1686submittal by the developer to the local government, the state1687land planning agency, and the appropriate regional planning1688agency, the local government shall give 15 days’ notice and1689schedule a public hearing to consider the change that the1690developer asserts does not create a substantial deviation. This1691public hearing shall be held within 60 days after submittal of1692the proposed changes, unless that time is extended by the1693developer.16944. The appropriate regional planning agency or the state1695land planning agency shall review the proposed change and, no1696later than 45 days after submittal by the developer of the1697proposed change, unless that time is extended by the developer,1698and prior to the public hearing at which the proposed change is1699to be considered, shall advise the local government in writing1700whether it objects to the proposed change, shall specify the1701reasons for its objection, if any, and shall provide a copy to1702the developer.17035. At the public hearing, the local government shall1704determine whether the proposed change requires further1705development-of-regional-impact review. The provisions of1706paragraphs (a) and (e), the thresholds set forth in paragraph1707(b), and the presumptions set forth in paragraphs (c) and (d)1708and subparagraph (e)3. shall be applicable in determining1709whether further development-of-regional-impact review is1710required. The local government may also deny the proposed change1711based on matters relating to local issues, such as if the land1712on which the change is sought is plat restricted in a way that1713would be incompatible with the proposed change, and the local1714government does not wish to change the plat restriction as part1715of the proposed change.17166. If the local government determines that the proposed1717change does not require further development-of-regional-impact1718review and is otherwise approved, or if the proposed change is1719not subject to a hearing and determination pursuant to1720subparagraphs 3. and 5. and is otherwise approved, the local1721government shall issue an amendment to the development order1722incorporating the approved change and conditions of approval1723relating to the change. The requirement that a change be1724otherwise approved shall not be construed to require additional1725local review or approval if the change is allowed by applicable1726local ordinances without further local review or approval. The1727decision of the local government to approve, with or without1728conditions, or to deny the proposed change that the developer1729asserts does not require further review shall be subject to the1730appeal provisions of s. 380.07. However, the state land planning1731agency may not appeal the local government decision if it did1732not comply with subparagraph 4. The state land planning agency1733may not appeal a change to a development order made pursuant to1734subparagraph (e)1. or subparagraph (e)2. for developments of1735regional impact approved after January 1, 1980, unless the1736change would result in a significant impact to a regionally1737significant archaeological, historical, or natural resource not1738previously identified in the original development-of-regional1739impact review.1740(g) If a proposed change requires further development-of1741regional-impact review pursuant to this section, the review1742shall be conducted subject to the following additional1743conditions:17441. The development-of-regional-impact review conducted by1745the appropriate regional planning agency shall address only1746those issues raised by the proposed change except as provided in1747subparagraph 2.17482. The regional planning agency shall consider, and the1749local government shall determine whether to approve, approve1750with conditions, or deny the proposed change as it relates to1751the entire development. If the local government determines that1752the proposed change, as it relates to the entire development, is1753unacceptable, the local government shall deny the change.17543. If the local government determines that the proposed1755change should be approved, any new conditions in the amendment1756to the development order issued by the local government shall1757address only those issues raised by the proposed change and1758require mitigation only for the individual and cumulative1759impacts of the proposed change.17604. Development within the previously approved development1761of regional impact may continue, as approved, during the1762development-of-regional-impact review in those portions of the1763development which are not directly affected by the proposed1764change.1765(h) When further development-of-regional-impact review is1766required because a substantial deviation has been determined or1767admitted by the developer, the amendment to the development1768order issued by the local government shall be consistent with1769the requirements of subsection (15) and shall be subject to the1770hearing and appeal provisions of s. 380.07. The state land1771planning agency or the appropriate regional planning agency need1772not participate at the local hearing in order to appeal a local1773government development order issued pursuant to this paragraph.1774(i) An increase in the number of residential dwelling units1775shall not constitute a substantial deviation and shall not be1776subject to development-of-regional-impact review for additional1777impacts, provided that all the residential dwelling units are1778dedicated to affordable workforce housing and the total number1779of new residential units does not exceed 200 percent of the1780substantial deviation threshold. The affordable workforce1781housing shall be subject to a recorded land use restriction that1782shall be for a period of not less than 20 years and that1783includes resale provisions to ensure long-term affordability for1784income-eligible homeowners and renters. For purposes of this1785paragraph, the term “affordable workforce housing” means housing1786that is affordable to a person who earns less than 120 percent1787of the area median income, or less than 140 percent of the area1788median income if located in a county in which the median1789purchase price for a single-family existing home exceeds the1790statewide median purchase price of a single-family existing1791home. For purposes of this paragraph, the term “statewide median1792purchase price of a single-family existing home” means the1793statewide purchase price as determined in the Florida Sales1794Report, Single-Family Existing Homes, released each January by1795the Florida Association of Realtors and the University of1796Florida 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 PLAN1839DEVELOPMENT ORDER.— 1840(a)Any agreement previously entered into by a developer, a 1841 regional planning agency, and a local government regardingIfa 1842 development project that includes two or more developments of 1843 regional impact and was the subject of, adeveloper may filea 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 development1848over an extended period of time, the developer may file an1849application for master development approval of the project and1850agree to present subsequent increments of the development for1851preconstruction review. This agreement shall be entered into by1852the developer, the regional planning agency, and the appropriate1853local government having jurisdiction. The provisions of1854subsection (9) do not apply to this subsection, except that a1855developer may elect to utilize the review process established in1856subsection (9) for review of the increments of a master plan.18571. Prior to adoption of the master plan development order,1858the developer, the landowner, the appropriate regional planning1859agency, and the local government having jurisdiction shall1860review the draft of the development order to ensure that1861anticipated regional impacts have been adequately addressed and1862that information requirements for subsequent incremental1863application review are clearly defined. The development order1864for a master application shall specify the information which1865must be submitted with an incremental application and shall1866identify those issues which can result in the denial of an1867incremental application.18682. The review of subsequent incremental applications shall1869be limited to that information specifically required and those1870issues specifically raised by the master development order,1871unless substantial changes in the conditions underlying the1872approval of the master plan development order are demonstrated1873or the master development order is shown to have been based on1874substantially inaccurate information.1875(c) The state land planning agency, by rule, shall1876establish uniform procedures to implement this subsection.1877(22) DOWNTOWN DEVELOPMENT AUTHORITIES.—1878(a) A downtown development authority may submit a1879development-of-regional-impact application for development1880approval pursuant to this section. The area described in the1881application may consist of any or all of the land over which a1882downtown development authority has the power described in s.1883380.031(5). For the purposes of this subsection, a downtown1884development authority shall be considered the developer whether1885or not the development will be undertaken by the downtown1886development authority.1887(b) In addition to information required by the development1888of-regional-impact application, the application for development1889approval submitted by a downtown development authority shall1890specify the total amount of development planned for each land1891use category. In addition to the requirements of subsection1892(15), the development order shall specify the amount of1893development approved within each land use category. Development1894undertaken in conformance with a development order issued under1895this section does not require further review.1896(c) If a development is proposed within the area of a1897downtown development plan approved pursuant to this section1898which would result in development in excess of the amount1899specified in the development order for that type of activity,1900changes shall be subject to the provisions of subsection (19),1901except that the percentages and numerical criteria shall be1902double those listed in paragraph (19)(b).1903(d) The provisions of subsection (9) do not apply to this1904subsection.1905(23)ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—1906(a) The state land planning agency shall adopt rules to1907ensure uniform review of developments of regional impact by the1908state land planning agency and regional planning agencies under1909this section. Theserules shall be adopted pursuant to chapter1910120 and shall include all forms, application content, and review1911guidelines necessary to implement development-of-regional-impact1912reviews. The state land planning agency, in consultation with1913the regional planning agencies, may also designate types of1914development or areas suitable for development in which reduced1915information requirements for development-of-regional-impact1916review shall apply.1917(b) Regional planning agencies shall be subject to rules1918adopted by the state land planning agency. At the request of a1919regional planning council, the state land planning agency may1920adopt by rule different standards for a specific comprehensive1921planning district upon a finding that the statewide standard is1922inadequate to protect or promote the regional interest at issue.1923If such a regional standard is adopted by the state land1924planning agency, the regional standard shall be applied to all1925pertinent development-of-regional-impact reviews conducted in1926that region until rescinded.1927(c) Within 6 months of the effective date of this section,1928the state land planning agency shall adopt rules which:19291. Establish uniform statewide standards for development1930of-regional-impact review.19312. Establish a short application for development approval1932form which eliminates issues and questions for any project in a1933jurisdiction with an adopted local comprehensive plan that is in1934compliance.1935(d) Regional planning agencies that perform development-of1936regional-impact and Florida Quality Development review are1937authorized to assess and collect fees to fund the costs, direct1938and indirect, of conducting the review process. The state land1939planning agency shall adopt rules to provide uniform criteria1940for the assessment and collection of such fees. The rules1941providing uniform criteria shall not be subject to rule1942challenge under s. 120.56(2) or to drawout proceedings under s.1943120.54(3)(c)2., but, once adopted, shall be subject to an1944invalidity challenge under s. 120.56(3) by substantially1945affected persons. Until the state land planning agency adopts a1946rule implementing this paragraph, rules of the regional planning1947councils currently in effect regarding fees shall remain in1948effect. Fees may vary in relation to the type and size of a1949proposed project, but shall not exceed $75,000, unless the state1950land planning agency, after reviewing any disputed expenses1951charged by the regional planning agency, determines that said1952expenses were reasonable and necessary for an adequate regional1953review 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 electrical1957power plant is exempt from this section.1958(c) Any proposed addition to an existing sports facility1959complex is exempt from this section if the addition meets the1960following characteristics:19611. It would not operate concurrently with the scheduled1962hours of operation of the existing facility.19632. Its seating capacity would be no more than 75 percent of1964the capacity of the existing facility.19653. The sports facility complex property is owned by a1966public body before July 1, 1983.1967 1968This exemption does not apply to any pari-mutuel facility.1969(d) Any proposed addition or cumulative additions1970subsequent to July 1, 1988, to an existing sports facility1971complex owned by a state university is exempt if the increased1972seating capacity of the complex is no more than 30 percent of1973the capacity of the existing facility.1974(e) Any addition of permanent seats or parking spaces for1975an existing sports facility located on property owned by a1976public body before July 1, 1973, is exempt from this section if1977future additions do not expand existing permanent seating or1978parking capacity more than 15 percent annually in excess of the1979prior year’s capacity.1980(f) Any increase in the seating capacity of an existing1981sports facility having a permanent seating capacity of at least198250,000 spectators is exempt from this section, provided that1983such an increase does not increase permanent seating capacity by1984more than 5 percent per year and not to exceed a total of 101985percent in any 5-year period, and provided that the sports1986facility notifies the appropriate local government within which1987the facility is located of the increase at least 6 months before1988the initial use of the increased seating, in order to permit the1989appropriate local government to develop a traffic management1990plan for the traffic generated by the increase. Any traffic1991management plan shall be consistent with the local comprehensive1992plan, the regional policy plan, and the state comprehensive1993plan.1994(g) Any expansion in the permanent seating capacity or1995additional improved parking facilities of an existing sports1996facility is exempt from this section, if the following1997conditions exist:19981.a. The sports facility had a permanent seating capacity1999on January 1, 1991, of at least 41,000 spectator seats;2000b. The sum of such expansions in permanent seating capacity2001does not exceed a total of 10 percent in any 5-year period and2002does not exceed a cumulative total of 20 percent for any such2003expansions; or2004c. The increase in additional improved parking facilities2005is a one-time addition and does not exceed 3,500 parking spaces2006serving the sports facility; and20072. The local government having jurisdiction of the sports2008facility includes in the development order or development permit2009approving such expansion under this paragraph a finding of fact2010that the proposed expansion is consistent with the2011transportation, water, sewer and stormwater drainage provisions2012of the approved local comprehensive plan and local land2013development regulations relating to those provisions.2014 2015Any owner or developer who intends to rely on this statutory2016exemption shall provide to the department a copy of the local2017government application for a development permit. Within 45 days2018after receipt of the application, the department shall render to2019the local government an advisory and nonbinding opinion, in2020writing, stating whether, in the department’s opinion, the2021prescribed conditions exist for an exemption under this2022paragraph. The local government shall render the development2023order approving each such expansion to the department. The2024owner, developer, or department may appeal the local government2025development order pursuant to s. 380.07, within 45 days after2026the order is rendered. The scope of review shall be limited to2027the determination of whether the conditions prescribed in this2028paragraph exist. If any sports facility expansion undergoes2029development-of-regional-impact review, all previous expansions2030which were exempt under this paragraph shall be included in the2031development-of-regional-impact review.2032(h) Expansion to port harbors, spoil disposal sites,2033navigation channels, turning basins, harbor berths, and other2034related inwater harbor facilities of ports listed in s.2035403.021(9)(b), port transportation facilities and projects2036listed in s. 311.07(3)(b), and intermodal transportation2037facilities identified pursuant to s. 311.09(3) are exempt from2038this section when such expansions, projects, or facilities are2039consistent with comprehensive master plans that are in2040compliance with s. 163.3178.2041(i) Any proposed facility for the storage of any petroleum2042product or any expansion of an existing facility is exempt from2043this section.2044(j) Any renovation or redevelopment within the same land2045parcel which does not change land use or increase density or2046intensity of use.2047(k) Waterport and marina development, including dry storage2048facilities, are exempt from this section.2049(l) Any proposed development within an urban service2050boundary established under s. 163.3177(14), Florida Statutes2051(2010), which is not otherwise exempt pursuant to subsection2052(29), is exempt from this section if the local government having2053jurisdiction over the area where the development is proposed has2054adopted the urban service boundary and has entered into a2055binding agreement with jurisdictions that would be impacted and2056with the Department of Transportation regarding the mitigation2057of impacts on state and regional transportation facilities.2058(m) Any proposed development within a rural land2059stewardship area created under s. 163.3248.2060(n) The establishment, relocation, or expansion of any2061military installation as defined in s. 163.3175, is exempt from2062this section.2063(o) Any self-storage warehousing that does not allow retail2064or other services is exempt from this section.2065(p) Any proposed nursing home or assisted living facility2066is exempt from this section.2067(q) Any development identified in an airport master plan2068and adopted into the comprehensive plan pursuant to s.2069163.3177(6)(b)4. is exempt from this section.2070(r) Any development identified in a campus master plan and2071adopted pursuant to s. 1013.30 is exempt from this section.2072(s) Any development in a detailed specific area plan which2073is prepared and adopted pursuant to s. 163.3245 is exempt from2074this section.2075(t) Any proposed solid mineral mine and any proposed2076addition to, expansion of, or change to an existing solid2077mineral mine is exempt from this section. A mine owner will2078enter into a binding agreement with the Department of2079Transportation to mitigate impacts to strategic intermodal2080system facilities pursuant to the transportation thresholds in2081subsection (19) or rule 9J-2.045(6), Florida Administrative2082Code. Proposed changes to any previously approved solid mineral2083mine development-of-regional-impact development orders having2084vested rights are is not subject to further review or approval2085as a development-of-regional-impact or notice-of-proposed-change2086review or approval pursuant to subsection (19), except for those2087applications pending as of July 1, 2011, which shall be governed2088by s. 380.115(2). Notwithstanding the foregoing, however,2089pursuant to s. 380.115(1), previously approved solid mineral2090mine development-of-regional-impact development orders shall2091continue to enjoy vested rights and continue to be effective2092unless rescinded by the developer. All local government2093regulations of proposed solid mineral mines shall be applicable2094to any new solid mineral mine or to any proposed addition to,2095expansion of, or change to an existing solid mineral mine.2096(u) Notwithstanding any provisions in an agreement with or2097among a local government, regional agency, or the state land2098planning agency or in a local government’s comprehensive plan to2099the contrary, a project no longer subject to development-of2100regional-impact review under revised thresholds is not required2101to undergo such review.2102(v) Any development within a county with a research and2103education authority created by special act and that is also2104within a research and development park that is operated or2105managed by a research and development authority pursuant to part2106V of chapter 159 is exempt from this section.2107(w) Any development in an energy economic zone designated2108pursuant to s. 377.809 is exempt from this section upon approval2109by its local governing body.2110(x) Any proposed development that is located in a local2111government jurisdiction that does not qualify for an exemption2112based on the population and density criteria in paragraph2113(29)(a), that is approved as a comprehensive plan amendment2114adopted pursuant to s. 163.3184(4), and that is the subject of2115an agreement pursuant to s. 288.106(5) is exempt from this2116section. This exemption shall only be effective upon a written2117agreement executed by the applicant, the local government, and2118the state land planning agency. The state land planning agency2119shall only be a party to the agreement upon a determination that2120the development is the subject of an agreement pursuant to s.2121288.106(5) and that the local government has the capacity to2122adequately assess the impacts of the proposed development. The2123local government shall only be a party to the agreement upon2124approval by the governing body of the local government and upon2125providing at least 21 days’ notice to adjacent local governments2126that includes, at a minimum, information regarding the location,2127density and intensity of use, and timing of the proposed2128development. This exemption does not apply to areas within the2129boundary of any area of critical state concern designated2130pursuant to s. 380.05, within the boundary of the Wekiva Study2131Area as described in s. 369.316, or within 2 miles of the2132boundary of the Everglades Protection Area as defined in s.2133373.4592(2).2134 2135If a use is exempt from review as a development of regional2136impact under paragraphs (a)-(u), but will be part of a larger2137project that is subject to review as a development of regional2138impact, the impact of the exempt use must be included in the2139review of the larger project, unless such exempt use involves a2140development of regional impact that includes a landowner,2141tenant, or user that has entered into a funding agreement with2142the Department of Economic Opportunity under the Innovation2143Incentive Program and the agreement contemplates a state award2144of at least $50 million.2145 (10)(25)AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.— 2146(a)Any approval of an authorized developer formay submit2147 an areawide development of regional impact remains valid unless 2148 it expired on or before the effective date of this act.to be2149reviewed pursuant to the procedures and standards set forth in2150this section. The areawide development-of-regional-impact review2151shall include an areawide development plan in addition to any2152other information required under this section. After review and2153approval of an areawide development of regional impact under2154this section, all development within the defined planning area2155shall conform to the approved areawide development plan and2156development order. Individual developments that conform to the2157approved areawide development plan shall not be required to2158undergo further development-of-regional-impact review, unless2159otherwise provided in the development order. As used in this2160subsection, the term:21611. “Areawide development plan” means a plan of development2162that, at a minimum:2163a. Encompasses a defined planning area approved pursuant to2164this subsection that will include at least two or more2165developments;2166b. Maps and defines the land uses proposed, including the2167amount of development by use and development phasing;2168c. Integrates a capital improvements program for2169transportation and other public facilities to ensure development2170staging contingent on availability of facilities and services;2171d. Incorporates land development regulation, covenants, and2172other restrictions adequate to protect resources and facilities2173of regional and state significance; and2174e. Specifies responsibilities and identifies the mechanisms2175for carrying out all commitments in the areawide development2176plan and for compliance with all conditions of any areawide2177development order.21782. “Developer” means any person or association of persons,2179including a governmental agency as defined in s. 380.031(6),2180that petitions for authorization to file an application for2181development approval for an areawide development plan.2182(b) A developer may petition for authorization to submit a2183proposed areawide development of regional impact for a defined2184planning area in accordance with the following requirements:21851. A petition shall be submitted to the local government,2186the regional planning agency, and the state land planning2187agency.21882. A public hearing or joint public hearing shall be held2189if required by paragraph (e), with appropriate notice, before2190the affected local government.21913. The state land planning agency shall apply the following2192criteria for evaluating a petition:2193a. Whether the developer is financially capable of2194processing the application for development approval through2195final approval pursuant to this section.2196b. Whether the defined planning area and anticipated2197development therein appear to be of a character, magnitude, and2198location that a proposed areawide development plan would be in2199the public interest. Any public interest determination under2200this criterion is preliminary and not binding on the state land2201planning agency, regional planning agency, or local government.22024. The state land planning agency shall develop and make2203available standard forms for petitions and applications for2204development approval for use under this subsection.2205(c) Any person may submit a petition to a local government2206having jurisdiction over an area to be developed, requesting2207that government to approve that person as a developer, whether2208or not any or all development will be undertaken by that person,2209and to approve the area as appropriate for an areawide2210development of regional impact.2211(d) A general purpose local government with jurisdiction2212over an area to be considered in an areawide development of2213regional impact shall not have to petition itself for2214authorization to prepare and consider an application for2215development approval for an areawide development plan. However,2216such a local government shall initiate the preparation of an2217application only:22181. After scheduling and conducting a public hearing as2219specified in paragraph (e); and22202. After conducting such hearing, finding that the planning2221area meets the standards and criteria pursuant to subparagraph2222(b)3. for determining that an areawide development plan will be2223in the public interest.2224(e) The local government shall schedule a public hearing2225within 60 days after receipt of the petition. The public hearing2226shall be advertised at least 30 days prior to the hearing. In2227addition to the public hearing notice by the local government,2228the petitioner, except when the petitioner is a local2229government, shall provide actual notice to each person owning2230land within the proposed areawide development plan at least 302231days prior to the hearing. If the petitioner is a local2232government, or local governments pursuant to an interlocal2233agreement, notice of the public hearing shall be provided by the2234publication of an advertisement in a newspaper of general2235circulation that meets the requirements of this paragraph. The2236advertisement must be no less than one-quarter page in a2237standard size or tabloid size newspaper, and the headline in the2238advertisement must be in type no smaller than 18 point. The2239advertisement shall not be published in that portion of the2240newspaper where legal notices and classified advertisements2241appear. The advertisement must be published in a newspaper of2242general paid circulation in the county and of general interest2243and readership in the community, not one of limited subject2244matter, pursuant to chapter 50. Whenever possible, the2245advertisement must appear in a newspaper that is published at2246least 5 days a week, unless the only newspaper in the community2247is published less than 5 days a week. The advertisement must be2248in substantially the form used to advertise amendments to2249comprehensive plans pursuant to s. 163.3184. The local2250government shall specifically notify in writing the regional2251planning agency and the state land planning agency at least 302252days prior to the public hearing. At the public hearing, all2253interested parties may testify and submit evidence regarding the2254petitioner’s qualifications, the need for and benefits of an2255areawide development of regional impact, and such other issues2256relevant to a full consideration of the petition. If more than2257one local government has jurisdiction over the defined planning2258area in an areawide development plan, the local governments2259shall hold a joint public hearing. Such hearing shall address,2260at a minimum, the need to resolve conflicting ordinances or2261comprehensive plans, if any. The local government holding the2262joint hearing shall comply with the following additional2263requirements:22641. The notice of the hearing shall be published at least 602265days in advance of the hearing and shall specify where the2266petition may be reviewed.22672. The notice shall be given to the state land planning2268agency, to the applicable regional planning agency, and to such2269other persons as may have been designated by the state land2270planning agency as entitled to receive such notices.22713. A public hearing date shall be set by the appropriate2272local government at the next scheduled meeting.2273(f) Following the public hearing, the local government2274shall issue a written order, appealable under s. 380.07, which2275approves, approves with conditions, or denies the petition. It2276shall approve the petitioner as the developer if it finds that2277the petitioner and defined planning area meet the standards and2278criteria, consistent with applicable law, pursuant to2279subparagraph (b)3.2280(g) The local government shall submit any order which2281approves the petition, or approves the petition with conditions,2282to the petitioner, to all owners of property within the defined2283planning area, to the regional planning agency, and to the state2284land planning agency within 30 days after the order becomes2285effective.2286(h) The petitioner, an owner of property within the defined2287planning area, the appropriate regional planning agency by vote2288at a regularly scheduled meeting, or the state land planning2289agency may appeal the decision of the local government to the2290Florida Land and Water Adjudicatory Commission by filing a2291notice of appeal with the commission. The procedures established2292in s. 380.07 shall be followed for such an appeal.2293(i) After the time for appeal of the decision has run, an2294approved developer may submit an application for development2295approval for a proposed areawide development of regional impact2296for land within the defined planning area, pursuant to2297subsection (6). Development undertaken in conformance with an2298areawide development order issued under this section shall not2299require further development-of-regional-impact review.2300(j) In reviewing an application for a proposed areawide2301development of regional impact, the regional planning agency2302shall evaluate, and the local government shall consider, the2303following criteria, in addition to any other criteria set forth2304in this section:23051. Whether the developer has demonstrated its legal,2306financial, and administrative ability to perform any commitments2307it has made in the application for a proposed areawide2308development of regional impact.23092. Whether the developer has demonstrated that all property2310owners within the defined planning area consent or do not object2311to the proposed areawide development of regional impact.23123. Whether the area and the anticipated development are2313consistent with the applicable local, regional, and state2314comprehensive plans, except as provided for in paragraph (k).2315(k) In addition to the requirements of subsection (14), a2316development order approving, or approving with conditions, a2317proposed areawide development of regional impact shall specify2318the approved land uses and the amount of development approved2319within each land use category in the defined planning area. The2320development order shall incorporate by reference the approved2321areawide development plan. The local government shall not2322approve an areawide development plan that is inconsistent with2323the local comprehensive plan, except that a local government may2324amend its comprehensive plan pursuant to paragraph (6)(b).2325(l) Any owner of property within the defined planning area2326may withdraw his or her consent to the areawide development plan2327at any time prior to local government approval, with or without2328conditions, of the petition; and the plan, the areawide2329development order, and the exemption from development-of2330regional-impact review of individual projects under this section2331shall not thereafter apply to the owner’s property. After the2332areawide development order is issued, a landowner may withdraw2333his or her consent only with the approval of the local2334government.2335(m) If the developer of an areawide development of regional2336impact is a general purpose local government with jurisdiction2337over the land area included within the areawide development2338proposal and if no interest in the land within the land area is2339owned, leased, or otherwise controlled by a person, corporate or2340natural, for the purpose of mining or beneficiation of minerals,2341then:23421. Demonstration of property owner consent or lack of2343objection to an areawide development plan shall not be required;2344and23452. The option to withdraw consent does not apply, and all2346property and development within the areawide development2347planning area shall be subject to the areawide plan and to the2348development order conditions.2349(n) After a development order approving an areawide2350development plan is received, changes shall be subject to the2351provisions of subsection (19), except that the percentages and2352numerical criteria shall be double those listed in paragraph2353(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 jurisdictionin2360whichthe 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 beforeprior toor at the public 2366 hearing pertaining to abandonment of the development of regional 2367 impact.The state land planning agency is authorized to2368promulgate rules that shall include, but not be limited to,2369criteria for determining whether to grant, grant with2370conditions, or deny a proposal to abandon, and provisions to2371ensure that the developer satisfies all applicable conditions of2372the development order and adequately mitigates for the impacts2373of 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 mayshallnot 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 filerules shall also provide a procedure for filingnotice 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 isshall besubject to an appeal pursuant to s. 2387 380.07. The issues in any such appeal mustshallbe confined to 2388 whether the provisions of this subsectionor any rules2389promulgated thereunderhave 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 remediesUpon receipt of written confirmation from the state2400land planning agency that any required mitigation applicable to2401completed development has occurred, an industrial development of2402regional impact located within the coastal high-hazard area of a2403rural area of opportunity which was approved before the adoption2404of the local government’s comprehensive plan required under s.2405163.3167 and which plan’s future land use map and zoning2406designates the land use for the development of regional impact2407as commercial may be unilaterally abandoned without the need to2408proceed through the process described in paragraph (a) if the2409developer or owner provides a notice of abandonment to the local2410government and records such notice with the applicable clerk of2411court. Abandonment shall be deemed to have occurred upon the2412recording of the notice. All development following abandonment 2413 mustshallbe 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 A2423DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his2424or her rights, responsibilities, and obligations under a2425development order and the development order does not clearly2426define his or her rights, responsibilities, and obligations, the2427developer or owner may request participation in resolving the2428dispute through the dispute resolution process outlined in s.2429186.509. The Department of Economic Opportunity shall be2430notified by certified mail of any meeting held under the process2431provided for by this subsection at least 5 days before the2432meeting.2433(28) PARTIAL STATUTORY EXEMPTIONS.—2434(a) If the binding agreement referenced under paragraph2435(24)(l) for urban service boundaries is not entered into within243612 months after establishment of the urban service boundary, the2437development-of-regional-impact review for projects within the2438urban service boundary must address transportation impacts only.2439(b) If the binding agreement referenced under paragraph2440(24)(m) for rural land stewardship areas is not entered into2441within 12 months after the designation of a rural land2442stewardship area, the development-of-regional-impact review for2443projects within the rural land stewardship area must address2444transportation impacts only.2445(c) If the binding agreement for designated urban infill2446and redevelopment areas is not entered into within 12 months2447after the designation of the area or July 1, 2007, whichever2448occurs later, the development-of-regional-impact review for2449projects within the urban infill and redevelopment area must2450address transportation impacts only.2451(d) A local government that does not wish to enter into a2452binding agreement or that is unable to agree on the terms of the2453agreement referenced under paragraph (24)(l) or paragraph2454(24)(m) shall provide written notification to the state land2455planning agency of the decision to not enter into a binding2456agreement or the failure to enter into a binding agreement2457within the 12-month period referenced in paragraphs (a), (b) and2458(c). Following the notification of the state land planning2459agency, development-of-regional-impact review for projects2460within an urban service boundary under paragraph (24)(l), or a2461rural land stewardship area under paragraph (24)(m), must2462address transportation impacts only.2463(e) The vesting provision of s. 163.3167(5) relating to an2464authorized development of regional impact does not apply to2465those projects partially exempt from the development-of2466regional-impact review process under paragraphs (a)-(d).2467(29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—2468(a) The following are exempt from this section:24691. Any proposed development in a municipality that has an2470average of at least 1,000 people per square mile of land area2471and a minimum total population of at least 5,000;24722. Any proposed development within a county, including the2473municipalities located in the county, that has an average of at2474least 1,000 people per square mile of land area and is located2475within an urban service area as defined in s. 163.3164 which has2476been adopted into the comprehensive plan;24773. Any proposed development within a county, including the2478municipalities located therein, which has a population of at2479least 900,000, that has an average of at least 1,000 people per2480square mile of land area, but which does not have an urban2481service area designated in the comprehensive plan; or24824. Any proposed development within a county, including the2483municipalities located therein, which has a population of at2484least 1 million and is located within an urban service area as2485defined in s. 163.3164 which has been adopted into the2486comprehensive plan.2487 2488The Office of Economic and Demographic Research within the2489Legislature shall annually calculate the population and density2490criteria needed to determine which jurisdictions meet the2491density criteria in subparagraphs 1.-4. by using the most recent2492land area data from the decennial census conducted by the Bureau2493of the Census of the United States Department of Commerce and2494the latest available population estimates determined pursuant to2495s. 186.901. If any local government has had an annexation,2496contraction, or new incorporation, the Office of Economic and2497Demographic Research shall determine the population density2498using the new jurisdictional boundaries as recorded in2499accordance with s. 171.091. The Office of Economic and2500Demographic Research shall annually submit to the state land2501planning agency by July 1 a list of jurisdictions that meet the2502total population and density criteria. The state land planning2503agency shall publish the list of jurisdictions on its Internet2504website within 7 days after the list is received. The2505designation of jurisdictions that meet the criteria of2506subparagraphs 1.-4. is effective upon publication on the state2507land planning agency’s Internet website. If a municipality that2508has previously met the criteria no longer meets the criteria,2509the state land planning agency shall maintain the municipality2510on the list and indicate the year the jurisdiction last met the2511criteria. However, any proposed development of regional impact2512not within the established boundaries of a municipality at the2513time the municipality last met the criteria must meet the2514requirements of this section until such time as the municipality2515as a whole meets the criteria. Any county that meets the2516criteria shall remain on the list in accordance with the2517provisions of this paragraph. Any jurisdiction that was placed2518on the dense urban land area list before June 2, 2011, shall2519remain on the list in accordance with the provisions of this2520paragraph.2521(b) If a municipality that does not qualify as a dense2522urban land areapursuant to paragraph (a) designates any of the2523following areas in its comprehensive plan, any proposed2524development within the designated area is exempt from the2525development-of-regional-impact process:25261. Urban infill as defined in s. 163.3164;25272. Community redevelopment areas as defined in s. 163.340;25283. Downtown revitalization areas as defined in s. 163.3164;25294. Urban infill and redevelopment under s. 163.2517; or25305. Urban service areas as defined in s. 163.3164 or areas2531within a designated urban service boundary under s.2532163.3177(14), Florida Statutes (2010).2533(c) If a county that does not qualify as a dense urban land2534area designates any of the following areas in its comprehensive2535plan, any proposed development within the designated area is2536exempt from the development-of-regional-impact process:25371. Urban infill as defined in s. 163.3164;25382. Urban infill and redevelopment under s. 163.2517; or25393. Urban service areas as defined in s. 163.3164.2540(d) A development that is located partially outside an area2541that is exempt from the development-of-regional-impact program2542must undergo development-of-regional-impact review pursuant to2543this section. However, if the total acreage that is included2544within the area exempt from development-of-regional-impact2545review exceeds 85 percent of the total acreage and square2546footage of the approved development of regional impact, the2547development-of-regional-impact development order may be2548rescinded in both local governments pursuant to s. 380.115(1),2549unless the portion of the development outside the exempt area2550meets the threshold criteria of a development-of-regional2551impact.2552(e) In an area that is exempt under paragraphs (a)-(c), any2553previously approved development-of-regional-impact development2554orders shall continue to be effective, but the developer has the2555option to be governed by s. 380.115(1). A pending application2556for development approval shall be governed by s. 380.115(2).2557(f) Local governments must submit by mail a development2558order to the state land planning agency for projects that would2559be larger than 120 percent of any applicable development-of2560regional-impact threshold and would require development-of2561regional-impact review but for the exemption from the program2562under paragraphs (a)-(c). For such development orders, the state2563land planning agency may appeal the development order pursuant2564to s. 380.07 for inconsistency with the comprehensive plan2565adopted under chapter 163.2566(g) If a local government that qualifies as a dense urban2567land area under this subsection is subsequently found to be2568ineligible for designation as a dense urban land area, any2569development located within that area which has a complete,2570pending application for authorization to commence development2571may maintain the exemption if the developer is continuing the2572application process in good faith or the development is2573approved.2574(h) This subsection does not limit or modify the rights of2575any person to complete any development that has been authorized2576as a development of regional impact pursuant to this chapter.2577(i) This subsection does not apply to areas:25781. Within the boundary of any area of critical state2579concern designated pursuant to s. 380.05;25802. Within the boundary of the Wekiva Study Area as2581described in s. 369.316; or25823. Within 2 miles of the boundary of the Everglades2583Protection 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 mustotherwise subject2588to the review requirements of this section shallbe 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 actThere is hereby created the Florida Quality Developments2611program. The intent of this program is to encourage development2612which has been thoughtfully planned to take into consideration2613protection of Florida’s natural amenities, the cost to local2614government of providing services to a growing community, and the2615high quality of life Floridians desire. It is further intended2616that the developer be provided, through a cooperative and2617coordinated effort, an expeditious and timely review by all2618agencies with jurisdiction over the project of his or her2619proposed 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 chapterDevelopments that may be designated2630as Florida Quality Developments are those developments which are2631above 80 percent of any numerical thresholds in the guidelines2632and standards for development-of-regional-impact review pursuant2633to s. 380.06. 2634(3)(a) To be eligible for designation under this program,2635the developer shall comply with each of the following2636requirements if applicable to the site of a qualified2637development:26381. Donate or enter into a binding commitment to donate the2639fee or a lesser interest sufficient to protect, in perpetuity,2640the natural attributes of the types of land listed below. In2641lieu of this requirement, the developer may enter into a binding2642commitment that runs with the land to set aside such areas on2643the property, in perpetuity, as open space to be retained in a2644natural condition or as otherwise permitted under this2645subparagraph. Under the requirements of this subparagraph, the2646developer may reserve the right to use such areas for passive2647recreation that is consistent with the purposes for which the2648land was preserved.2649a. Those wetlands and water bodies throughout the state2650which would be delineated if the provisions of s. 373.4145(1)(b)2651were applied. The developer may use such areas for the purpose2652of site access, provided other routes of access are unavailable2653or impracticable; may use such areas for the purpose of2654stormwater or domestic sewage management and other necessary2655utilities if such uses are permitted pursuant to chapter 403; or2656may redesign or alter wetlands and water bodies within the2657jurisdiction of the Department of Environmental Protection which2658have been artificially created if the redesign or alteration is2659done so as to produce a more naturally functioning system.2660b. Active beach or primary and, where appropriate,2661secondary dunes, to maintain the integrity of the dune system2662and adequate public accessways to the beach. However, the2663developer may retain the right to construct and maintain2664elevated walkways over the dunes to provide access to the beach.2665c. Known archaeological sites determined to be of2666significance by the Division of Historical Resources of the2667Department of State.2668d. Areas known to be important to animal species designated2669as endangered or threatened by the United States Fish and2670Wildlife Service or by the Fish and Wildlife Conservation2671Commission, for reproduction, feeding, or nesting; for traveling2672between such areas used for reproduction, feeding, or nesting;2673or for escape from predation.2674e. Areas known to contain plant species designated as2675endangered by the Department of Agriculture and Consumer2676Services.26772. Produce, or dispose of, no substances designated as2678hazardous or toxic substances by the United States Environmental2679Protection Agency, the Department of Environmental Protection,2680or the Department of Agriculture and Consumer Services. This2681subparagraph does not apply to the production of these2682substances in nonsignificant amounts as would occur through2683household use or incidental use by businesses.26843. Participate in a downtown reuse or redevelopment program2685to improve and rehabilitate a declining downtown area.26864. Incorporate no dredge and fill activities in, and no2687stormwater discharge into, waters designated as Class II,2688aquatic preserves, or Outstanding Florida Waters, except as2689permitted pursuant to s. 403.813(1), and the developer2690demonstrates that those activities meet the standards under2691Class II waters, Outstanding Florida Waters, or aquatic2692preserves, as applicable.26935. Include open space, recreation areas, Florida-friendly2694landscaping as defined in s. 373.185, and energy conservation2695and minimize impermeable surfaces as appropriate to the location2696and type of project.26976. Provide for construction and maintenance of all onsite2698infrastructure necessary to support the project and enter into a2699binding commitment with local government to provide an2700appropriate fair-share contribution toward the offsite impacts2701that the development will impose on publicly funded facilities2702and services, except offsite transportation, and condition or2703phase the commencement of development to ensure that public2704facilities and services, except offsite transportation, are2705available concurrent with the impacts of the development. For2706the purposes of offsite transportation impacts, the developer2707shall comply, at a minimum, with the standards of the state land2708planning agency’s development-of-regional-impact transportation2709rule, the approved strategic regional policy plan, any2710applicable regional planning council transportation rule, and2711the approved local government comprehensive plan and land2712development regulations adopted pursuant to part II of chapter2713163.27147. Design and construct the development in a manner that is2715consistent with the adopted state plan, the applicable strategic2716regional policy plan, and the applicable adopted local2717government comprehensive plan.2718(b) In addition to the foregoing requirements, the2719developer shall plan and design his or her development in a2720manner which includes the needs of the people in this state as2721identified in the state comprehensive plan and the quality of2722life of the people who will live and work in or near the2723development. The developer is encouraged to plan and design his2724or her development in an innovative manner. These planning and2725design features may include, but are not limited to, such things2726as affordable housing, care for the elderly, urban renewal or2727redevelopment, mass transit, the protection and preservation of2728wetlands outside the jurisdiction of the Department of2729Environmental Protection or of uplands as wildlife habitat,2730provision for the recycling of solid waste, provision for onsite2731child care, enhancement of emergency management capabilities,2732the preservation of areas known to be primary habitat for2733significant populations of species of special concern designated2734by the Fish and Wildlife Conservation Commission, or community2735economic development. These additional amenities will be2736considered in determining whether the development qualifies for2737designation under this program.2738(4) The department shall adopt an application for2739development designation consistent with the intent of this2740section.2741(5)(a) Before filing an application for development2742designation, the developer shall contact the Department of2743Economic Opportunity to arrange one or more preapplication2744conferences with the other reviewing entities. Upon the request2745of the developer or any of the reviewing entities, other2746affected state or regional agencies shall participate in this2747conference. The department, in coordination with the local2748government with jurisdiction and the regional planning council,2749shall provide the developer information about the Florida2750Quality Developments designation process and the use of2751preapplication conferences to identify issues, coordinate2752appropriate state, regional, and local agency requirements,2753fully address any concerns of the local government, the regional2754planning council, and other reviewing agencies and the meeting2755of those concerns, if applicable, through development order2756conditions, and otherwise promote a proper, efficient, and2757timely review of the proposed Florida Quality Development. The2758department shall take the lead in coordinating the review2759process.2760(b) The developer shall submit the application to the state2761land planning agency, the appropriate regional planning agency,2762and the appropriate local government for review. The review2763shall be conducted under the time limits and procedures set2764forth in s. 120.60, except that the 90-day time limit shall2765cease to run when the state land planning agency and the local2766government have notified the applicant of their decision on2767whether the development should be designated under this program.2768(c) At any time prior to the issuance of the Florida2769Quality Developmentorder, the developer of a proposed Florida2770Quality Development shall have the right to withdraw the2771proposed project from consideration as a Florida Quality2772Development. The developer may elect to convert the proposed2773project to a proposed development of regional impact. The2774conversion shall be in the form of a letter to the reviewing2775entities stating the developer’s intent to seek authorization2776for the development as a development of regional impact under s.2777380.06. If a proposed Florida Quality Development converts to a2778development of regional impact, the developer shall resubmit the2779appropriate application and the development shall be subject to2780all applicable procedures under s. 380.06, except that:27811. A preapplication conference held under paragraph (a)2782satisfies the preapplication procedures requirement under s.2783380.06(7); and27842. If requested in the withdrawal letter, a finding of2785completeness of the application under paragraph (a) and s.2786120.60 may be converted to a finding of sufficiency by the2787regional planning council if such a conversion is approved by2788the regional planning council.2789 2790The regional planning council shall have 30 days to notify the2791developer if the request for conversion of completeness to2792sufficiency is granted or denied. If granted and the application2793is found sufficient, the regional planning council shall notify2794the local government that a public hearing date may be set to2795consider the development for approval as a development of2796regional impact, and the development shall be subject to all2797applicable rules, standards, and procedures of s. 380.06. If the2798request for conversion of completeness to sufficiency is denied,2799the developer shall resubmit the appropriate application for2800review and the development shall be subject to all applicable2801procedures under s. 380.06, except as otherwise provided in this2802paragraph.2803(d) If the local government and state land planning agency2804agree that the project should be designated under this program,2805the state land planning agency shall issue a development order2806which incorporates the plan of development as set out in the2807application along with any agreed-upon modifications and2808conditions, based on recommendations by the local government and2809regional planning council, and a certification that the2810development is designated as one of Florida’s Quality2811Developments. In the event of conflicting recommendations, the2812state land planning agency, after consultation with the local2813government and the regional planning agency, shall resolve such2814conflicts in the development order. Upon designation, the2815development, as approved, is exempt from development-of2816regional-impact review pursuant to s. 380.06.2817(e) If the local government or state land planning agency,2818or both, recommends against designation, the development shall2819undergo development-of-regional-impact review pursuant to s.2820380.06, except as provided in subsection (6) of this section.2821(6)(a) In the event that the development is not designated2822under subsection (5), the developer may appeal that2823determination to the Quality Developments Review Board. The2824board shall consist of the secretary of the state land planning2825agency, the Secretary of Environmental Protection and a member2826designated by the secretary, the Secretary of Transportation,2827the executive director of the Fish and Wildlife Conservation2828Commission, the executive director of the appropriate water2829management district created pursuant to chapter 373, and the2830chief executive officer of the appropriate local government.2831When there is a significant historical or archaeological site2832within the boundaries of a development which is appealed to the2833board, the director of the Division of Historical Resources of2834the Department of State shall also sit on the board. The staff2835of the state land planning agency shall serve as staff to the2836board.2837(b) The board shall meet once each quarter of the year.2838However, a meeting may be waived if no appeals are pending.2839(c) On appeal, the sole issue shall be whether the2840development meets the statutory criteria for designation under2841this program. An affirmative vote of at least five members of2842the board, including the affirmative vote of the chief executive2843officer of the appropriate local government, shall be necessary2844to designate the development by the board.2845(d) The state land planning agency shall adopt procedural2846rules for consideration of appeals under this subsection.2847(7)(a) The development order issued pursuant to this2848section is enforceable in the same manner as a development order2849issued pursuant to s. 380.06.2850(b) Appeal of a development order issued pursuant to this2851section shall be available only pursuant to s. 380.07.2852(8)(a) Any local government comprehensive plan amendments2853related to a Florida Quality Development may be initiated by a2854local planning agency and considered by the local governing body2855at the same time as the application for development approval.2856Nothing in this subsection shall be construed to require2857favorable consideration of a Florida Quality Development solely2858because it is related to a development of regional impact.2859(b) The department shall adopt, by rule, standards and2860procedures necessary to implement the Florida Quality2861Developments program. The rules must include, but need not be2862limited to, provisions governing annual reports and criteria for2863determining whether a proposed change to an approved Florida2864Quality Development is a substantial change requiring further2865review.2866 Section 4. Section 380.0651, Florida Statutes, is amended 2867 to read: 2868 380.0651 Statewide guidelines,andstandards, and 2869 exemptions.— 2870 (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide2871guidelines and standards for developments required to undergo2872development-of-regional-impact review provided in this section2873supersede the statewide guidelines and standards previously2874adopted by the Administration Commission that address the same2875development. Other standards and guidelines previously adopted2876by the Administration Commission, including the residential2877standards and guidelines, shall not be superseded. The2878guidelines and standards shall be applied in the manner2879described in s. 380.06(2)(a).2880(2) The Administration Commission shall publish the2881statewide guidelines and standards established in this section2882in its administrative rule in place of the guidelines and2883standards that are superseded by this act, without the2884proceedings required by s. 120.54 and notwithstanding the2885provisions of s. 120.545(1)(c). The Administration Commission2886shall initiate rulemaking proceedings pursuant to s. 120.54 to2887make all other technical revisions necessary to conform the2888rules to this act. Rule amendments made pursuant to this2889subsection shall not be subject to the requirement for2890legislative 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. 380.06shall be required to2896undergo development-of-regional-impact review: 2897 (a) Airports.— 2898 1. Any of the following airport construction projects is 2899shall bea 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 isshallnotbea 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 owners3319or developers to be separate developments, shall be aggregated3320and treated as a single development under this chapter when they3321are determined to be part of a unified plan of development and3322are physically proximate to one other.3323(a) The criteria of three of the following subparagraphs3324must be met in order for the state land planning agency to3325determine that there is a unified plan of development:33261.a. The same person has retained or shared control of the3327developments;3328b. The same person has ownership or a significant legal or3329equitable interest in the developments; or3330c. There is common management of the developments3331controlling the form of physical development or disposition of3332parcels of the development.33332. There is a reasonable closeness in time between the3334completion of 80 percent or less of one development and the3335submission to a governmental agency of a master plan or series3336of plans or drawings for the other development which is3337indicative of a common development effort.33383. A master plan or series of plans or drawings exists3339covering the developments sought to be aggregated which have3340been submitted to a local general-purpose government, water3341management district, the Florida Department of Environmental3342Protection, or the Division of Florida Condominiums, Timeshares,3343and Mobile Homes for authorization to commence development. The3344existence or implementation of a utility’s master utility plan3345required by the Public Service Commission or general-purpose3346local government or a master drainage plan shall not be the sole3347determinant of the existence of a master plan.33484. There is a common advertising scheme or promotional plan3349in effect for the developments sought to be aggregated.3350(b) The following activities or circumstances shall not be3351considered in determining whether to aggregate two or more3352developments:33531. Activities undertaken leading to the adoption or3354amendment of any comprehensive plan element described in part II3355of chapter 163.33562. The sale of unimproved parcels of land, where the seller3357does not retain significant control of the future development of3358the parcels.33593. The fact that the same lender has a financial interest,3360including one acquired through foreclosure, in two or more3361parcels, so long as the lender is not an active participant in3362the planning, management, or development of the parcels in which3363it has an interest.33644. Drainage improvements that are not designed to3365accommodate the types of development listed in the guidelines3366and standards contained in or adopted pursuant to this chapter3367or which are not designed specifically to accommodate the3368developments sought to be aggregated.3369(c) Aggregation is not applicable when the following3370circumstances and provisions of this chapter apply:33711. Developments that are otherwise subject to aggregation3372with a development of regional impact which has received3373approval through the issuance of a final development order may3374not be aggregated with the approved development of regional3375impact. However, this subparagraph does not preclude the state3376land planning agency from evaluating an allegedly separate3377development as a substantial deviation pursuant to s. 380.06(19)3378or as an independent development of regional impact.33792. Two or more developments, each of which is independently3380a development of regional impact that has or will obtain a3381development order pursuant to s. 380.06.33823. Completion of any development that has been vested3383pursuant to s. 380.05 or s. 380.06, including vested rights3384arising out of agreements entered into with the state land3385planning agency for purposes of resolving vested rights issues.3386Development-of-regional-impact review of additions to vested3387developments of regional impact shall not include review of the3388impacts resulting from the vested portions of the development.33894. The developments sought to be aggregated were authorized3390to commence development before September 1, 1988, and could not3391have been required to be aggregated under the law existing3392before that date.33935. Any development that qualifies for an exemption under s.3394380.06(29).33956. Newly acquired lands intended for development in3396coordination with a developed and existing development of3397regional impact are not subject to aggregation if the newly3398acquired lands comprise an area that is equal to or less than 103399percent of the total acreage subject to an existing development3400of-regional-impact development order.3401(d) The provisions of this subsection shall be applied3402prospectively from September 1, 1988. Written decisions,3403agreements, and binding letters of interpretation made or issued3404by the state land planning agency prior to July 1, 1988, shall3405not be affected by this subsection.3406(e) In order to encourage developers to design, finance,3407donate, or build infrastructure, public facilities, or services,3408the state land planning agency may enter into binding agreements3409with two or more developers providing that the joint planning,3410sharing, or use of specified public infrastructure, facilities,3411or services by the developers shall not be considered in any3412subsequent determination of whether a unified plan of3413development exists for their developments. Such binding3414agreements may authorize the developers to pool impact fees or3415impact-fee credits, or to enter into front-end agreements, or3416other financing arrangements by which they collectively agree to3417design, finance, donate, or build such public infrastructure,3418facilities, or services. Such agreements shall be conditioned3419upon a subsequent determination by the appropriate local3420government of consistency with the approved local government3421comprehensive plan and land development regulations.3422Additionally, the developers must demonstrate that the provision3423and sharing of public infrastructure, facilities, or services is3424in the public interest and not merely for the benefit of the3425developments which are the subject of the agreement.3426Developments that are the subject of an agreement pursuant to3427this paragraph shall be aggregated if the state land planning3428agency determines that sufficient aggregation factors are3429present to require aggregation without considering the design3430features, financial arrangements, donations, or construction3431that are specified in and required by the agreement.3432(f) The state land planning agency has authority to adopt3433rules pursuant to ss. 120.536(1) and 120.54 to implement the3434provisions 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 programand the requirements for developments of3443regional 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 withthe provisions ofthis part.The appropriate3458regional planning agency by vote at a regularly scheduled3459meeting may recommend that the state land planning agency3460undertake an appeal of a development-of-regional-impact3461development order. Upon the request of an appropriate regional3462planning council, affected local government, or any citizen, the3463state land planning agency shall consider whether to appeal the3464order and shall respond to the request within the 45-day appeal3465period.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 to3471a development of regional impact has been challenged in a3472proceeding under s. 163.3215 and a party to the proceeding3473serves notice to the state land planning agency of the pending3474proceeding under s. 163.3215, the state land planning agency3475shall:3476(a) Raise its consistency issues by intervening as a full3477party in the pending proceeding under s. 163.3215 within 30 days3478after service of the notice; and3479(b) Dismiss the consistency issues from the development3480order appeal.3481 (4)The appellant shall furnish a copy of the petition to3482the opposing party, as the case may be, and to the local3483government that issued the order. The filing of the petition3484stays the effectiveness of the order until after the completion3485of the appeal process.3486(5) The 45-day appeal period for a development of regional3487impact within the jurisdiction of more than one local government3488shall not commence until after all the local governments having3489jurisdiction over the proposed development of regional impact3490have 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 thatwhichissued 3493 the order. The filing of the notice of appeal staysshall stay3494 the effectiveness of the order until after the completion of the 3495 appeal process. 3496 (5)(6)BeforePrior toissuing an order, the Florida Land 3497 and Water Adjudicatory Commission shall hold a hearing pursuant 3498 tothe provisionsofchapter 120. The commission shall encourage 3499 the submission of appeals on the record made pursuant to 3500 subsection (7)belowin 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 beforeprior tothe 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 thatwhich3514 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 beforeprior tothe 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 isshall bea 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 guideline3531and standard does not abridge or modify any vested or other3532right or any duty or obligation pursuant to any development3533order or agreement that is applicable to a development of3534regional 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 electa change in the guidelines3538and standards, a development that has reduced its size below the3539thresholds as specified in s. 380.0651, a development that is3540exempt pursuant to s. 380.06(24) or (29), or a development that3541electsto rescind the development order pursuant toare governed3542bythe 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 existed3551before a change in the development-of-regional-impact guidelines3552and standards, except that all percentage criteria are doubled3553and 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 enforcedby the local3560governmentas provided in s. 380.11ss. 380.06(17) and380.11. 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 development3572approval pending, pursuant to s. 380.06, on the effective date3573of a change to the guidelines and standards, or a notification3574of proposed change pending on the effective date of a change to3575the guidelines and standards, may elect to continue such review3576pursuant to s. 380.06. At the conclusion of the pending review,3577including any appeals pursuant to s. 380.07, the resulting3578development order shall be governed by the provisions of3579subsection (1).3580(3) A landowner that has filed an application for a3581development-of-regional-impact review prior to the adoption of a3582sector plan pursuant to s. 163.3245 may elect to have the3583application reviewed pursuant to s. 380.06, comprehensive plan3584provisions in force prior to adoption of the sector plan, and3585any requested comprehensive plan amendments that accompany the3586application.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.3634380.07(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 appliedConcurrent with or subsequent3639to review and adoption of a long-term master plan pursuant to3640paragraph (3)(a), an applicant may applyfor master development 3641 approval pursuant to s. 380.06s. 380.06(21)for the entire 3642 planning area shall remain subject to the master development 3643 orderin order to establish a buildout date until which the3644approved uses and densities and intensities of use of the master3645plan are not subject to downzoning, unit density reduction, or3646intensity 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 of3656the application for master development approval shall be at a3657level of detail appropriate for the long-term and conceptual3658nature of the long-term master plan and, to the maximum extent3659possible, may only consider information provided in the3660application 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 isshall be3681 exempt fromreview unders. 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 3688shallrenew 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 isshall because for revoking the certification agreement. The 3693 state land planning agency’s decision to renew or revoke is 3694shall be consideredagency 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 fromreview unders. 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 governmentannualreport required by s. 380.06(6) 3783s. 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 mayshallnot 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. 380.06or s. 380.061approving 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.3887380.06(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 thatwhichis subject tothe review procedures established bys. 3893 380.06or 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 ofs.3899380.06(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.3912380.06(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 mayshallnot be subject 3987required to undergo development of regional impact review3988pursuantto 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.