Bill Text: FL S1244 | 2018 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Florida Senate - 2018 SB 1244
By Senator Lee
20-00962-18 20181244__
1 A bill to be entitled
2 An act relating to developments of regional impact;
3 amending s. 380.06, F.S.; revising the statewide
4 guidelines and standards for developments of regional
5 impact; deleting criteria that the Administration
6 Commission is required to consider in adopting its
7 guidelines and standards; revising provisions relating
8 to the application of guidelines and standards;
9 revising provisions relating to variations and
10 thresholds for such guidelines and standards; deleting
11 provisions relating to the issuance of binding
12 letters; specifying that previously issued letters
13 remain valid unless previously expired; specifying the
14 procedure for amending a binding letter of
15 interpretation; specifying that previously issued
16 clearance letters remain valid unless previously
17 expired; deleting provisions relating to
18 authorizations to develop, applications for approval
19 of development, concurrent plan amendments,
20 preapplication procedures, preliminary development
21 agreements, conceptual agency review, application
22 sufficiency, local notice, regional reports, and
23 criteria for the approval of developments inside and
24 outside areas of critical state concern; revising
25 provisions relating to local government development
26 orders; specifying that amendments to a development
27 order for an approved development may not alter the
28 dates before which a development would be subject to
29 downzoning, unit density reduction, or intensity
30 reduction, except under certain conditions; removing a
31 requirement that certain conditions of a development
32 order meet specified criteria; specifying that
33 construction of certain mitigation-of-impact
34 facilities is not subject to competitive bidding or
35 competitive negotiation for selection of a contractor
36 or design professional; removing requirements relating
37 to local government approval of developments of
38 regional impact that do not meet certain requirements;
39 removing a requirement that the Department of Economic
40 Opportunity and other agencies cooperate in preparing
41 certain ordinances; authorizing developers to record
42 notice of certain rescinded development orders;
43 specifying that certain agreements regarding
44 developments that are essentially built out remain
45 valid unless previously expired; deleting requirements
46 for a local government to issue a permit for a
47 development subsequent to the buildout date contained
48 in the development order; specifying that amendments
49 to development orders do not diminish or otherwise
50 alter certain credits for a development order exaction
51 or fee against impact fees, mobility fees, or
52 exactions; deleting a provision relating to the
53 determination of certain credits for impact fees or
54 extractions; deleting a provision exempting a
55 nongovernmental developer from being required to
56 competitively bid or negotiate construction or design
57 of certain facilities except under certain
58 circumstances; specifying that certain capital
59 contribution front-ending agreements remain valid
60 unless previously expired; deleting a provision
61 relating to local monitoring; revising requirements
62 for developers regarding reporting to local
63 governments and specifying that such reports are not
64 required unless required by a local government with
65 jurisdiction over a development; revising the
66 requirements and procedure for proposed changes to a
67 previously approved development of regional impact and
68 deleting rulemaking requirements relating to such
69 procedure; revising provisions relating to the
70 approval of such changes; specifying that certain
71 extensions previously granted by statute are still
72 valid and not subject to review or modification;
73 deleting provisions relating to determinations as to
74 whether a proposed change is a substantial deviation;
75 deleting provisions relating to comprehensive
76 development-of-regional-impact applications and master
77 plan development orders; specifying that certain
78 agreements that include two or more developments of
79 regional impact which were the subject of a
80 comprehensive development-of-regional-impact
81 application remain valid unless previously expired;
82 deleting provisions relating to downtown development
83 authorities; deleting provisions relating to adoption
84 of rules by the state land planning agency; deleting
85 statutory exemptions from development-of-regional
86 impact review; specifying that an approval of an
87 authorized developer for an areawide development of
88 regional impact remains valid unless previously
89 expired; deleting provisions relating to areawide
90 developments of regional impact; deleting an
91 authorization for the state land planning agency to
92 adopt rules relating to abandonment of developments of
93 regional impact; requiring local governments to file a
94 notice of abandonment under certain conditions;
95 deleting an authorization for the state land planning
96 agency to adopt a procedure for filing such notice;
97 requiring a development-of-regional-impact development
98 order to be abandoned by a local government under
99 certain conditions; deleting a provision relating to
100 abandonment of developments of regional impact in
101 certain high-hazard coastal areas; authorizing local
102 governments to approve abandonment of development
103 orders for an approved development under certain
104 conditions; deleting a provision relating to rights,
105 responsibilities, and obligations under a development
106 order; deleting partial exemptions from development-of
107 regional-impact review; deleting exemptions for dense
108 urban land areas; specifying that proposed
109 developments that exceed the statewide guidelines and
110 standards and that are not otherwise exempt be
111 approved by local governments instead of through
112 specified development-of-regional-impact proceedings;
113 amending s. 380.061, F.S.; specifying that the Florida
114 Quality Developments program only applies to
115 previously approved developments in the program before
116 the effective date of the act; specifying a process
117 for local governments to adopt a local development
118 order to replace and supersede the development order
119 adopted by the state land planning agency for the
120 Florida Quality Developments; deleting program intent,
121 eligibility requirements, rulemaking authorizations,
122 and application and approval requirements and
123 processes; deleting an appeals process and the Quality
124 Developments Review Board; amending s. 380.0651, F.S.;
125 deleting provisions relating to the superseding of
126 guidelines and standards adopted by the Administration
127 Commission and the publishing of guidelines and
128 standards by the Administration Commission; conforming
129 a provision to changes made by the act; specifying
130 exemptions and partial exemptions from development-of
131 regional-impact review; deleting provisions relating
132 to determining whether there is a unified plan of
133 development; deleting provisions relating to the
134 circumstances where developments should be aggregated;
135 deleting a provision relating to prospective
136 application of certain provisions; deleting a
137 provision authorizing state land planning agencies to
138 enter into agreements for the joint planning, sharing,
139 or use of specified public infrastructure, facilities,
140 or services by developers; deleting an authorization
141 for the state land planning agency to adopt rules;
142 amending s. 380.07, F.S.; deleting an authorization
143 for the Florida Land and Water Adjudicatory Commission
144 to adopt rules regarding the requirements for
145 developments of regional impact; revising when a local
146 government must transmit a development order to the
147 state land planning agency, the regional planning
148 agency, and the owner or developer of the property
149 affected by such order; deleting a process for
150 regional planning agencies to undertake appeals of
151 development-of-regional-impact development orders;
152 revising a process for appealing development orders
153 for consistency with a local comprehensive plan to be
154 available only for developments in areas of critical
155 state concern; deleting a procedure regarding certain
156 challenges to development orders relating to
157 developments of regional impact; amending s. 380.115,
158 F.S.; deleting a provision relating to changes in
159 development-of-regional-impact guidelines and
160 standards and the impact of such changes on vested
161 rights, duties, and obligations pursuant to any
162 development order or agreement; requiring local
163 governments to monitor and enforce development orders
164 and prohibiting local governments from issuing
165 permits, approvals, or extensions of services if a
166 developer does not act in substantial compliance with
167 an order; deleting provisions relating to changes in
168 development of regional impact guidelines and
169 standards and their impact on the development approval
170 process; amending s. 125.68, F.S.; conforming a cross
171 reference; amending s. 163.3245, F.S.; conforming
172 cross-references; conforming provisions to changes
173 made by the act; revising the circumstances in which
174 applicants who apply for master development approval
175 for an entire planning area must remain subject to a
176 master development order; specifying an exception;
177 deleting a provision relating to the level of review
178 for applications for master development approval;
179 amending s. 163.3246, F.S.; deleting a provision under
180 which certain developments of regional impact proposed
181 within a certified area are exempt from development
182 of-regional-impact review; conforming provisions to
183 changes made by the act; conforming cross-references;
184 amending s. 189.08, F.S.; conforming a cross
185 reference; conforming a provision to changes made by
186 the act; amending s. 190.005, F.S.; conforming cross
187 references; amending ss. 190.012 and 252.363, F.S.;
188 conforming cross-references; amending s. 369.303,
189 F.S.; conforming a provision to changes made by the
190 act; amending ss. 369.307, 373.236, and 373.414, F.S.;
191 conforming cross-references; amending s. 378.601,
192 F.S.; conforming a provision to changes made by the
193 act; repealing s. 380.065, F.S., relating to a process
194 to allow local governments to request certification to
195 review developments of regional impact that are
196 located within their jurisdictions in lieu of the
197 regional review requirements; amending ss. 380.11 and
198 403.524, F.S.; conforming cross-references; repealing
199 specified rules regarding uniform review of
200 developments of regional impact by the state land
201 planning agency and regional planning agencies;
202 repealing the rules adopted by the Administration
203 Commission regarding whether two or more developments,
204 represented by their owners or developers to be
205 separate developments, shall be aggregated; providing
206 a directive to the Division of Law Revision and
207 Information; providing an effective date.
208
209 Be It Enacted by the Legislature of the State of Florida:
210
211 Section 1. Section 380.06, Florida Statutes, is amended to
212 read:
213 380.06 Developments of regional impact.—
214 (1) DEFINITION.—The term “development of regional impact,”
215 as used in this section, means any development that which,
216 because of its character, magnitude, or location, would have a
217 substantial effect upon the health, safety, or welfare of
218 citizens of more than one county.
219 (2) STATEWIDE GUIDELINES AND STANDARDS.—
220 (a) The statewide guidelines and standards and the
221 exemptions specified in s. 380.0651 and the statewide guidelines
222 and standards adopted by the Administration Commission and
223 codified in chapter 28-24, Florida Administrative Code, must be
224 state land planning agency shall recommend to the Administration
225 Commission specific statewide guidelines and standards for
226 adoption pursuant to this subsection. The Administration
227 Commission shall by rule adopt statewide guidelines and
228 standards to be used in determining whether particular
229 developments are subject to the requirements of subsection (12)
230 shall undergo development-of-regional-impact review. The
231 statewide guidelines and standards previously adopted by the
232 Administration Commission and approved by the Legislature shall
233 remain in effect unless revised pursuant to this section or
234 superseded or repealed by statute by other provisions of law.
235 (b) In adopting its guidelines and standards, the
236 Administration Commission shall consider and shall be guided by:
237 1. The extent to which the development would create or
238 alleviate environmental problems such as air or water pollution
239 or noise.
240 2. The amount of pedestrian or vehicular traffic likely to
241 be generated.
242 3. The number of persons likely to be residents, employees,
243 or otherwise present.
244 4. The size of the site to be occupied.
245 5. The likelihood that additional or subsidiary development
246 will be generated.
247 6. The extent to which the development would create an
248 additional demand for, or additional use of, energy, including
249 the energy requirements of subsidiary developments.
250 7. The unique qualities of particular areas of the state.
251 (c) With regard to the changes in the guidelines and
252 standards authorized pursuant to this act, in determining
253 whether a proposed development must comply with the review
254 requirements of this section, the state land planning agency
255 shall apply the guidelines and standards which were in effect
256 when the developer received authorization to commence
257 development from the local government. If a developer has not
258 received authorization to commence development from the local
259 government prior to the effective date of new or amended
260 guidelines and standards, the new or amended guidelines and
261 standards shall apply.
262 (d) The statewide guidelines and standards shall be applied
263 as follows:
264 (a)1. Fixed thresholds.—
265 a. A development that is below 100 percent of all numerical
266 thresholds in the statewide guidelines and standards is not
267 subject to subsection (12) is not required to undergo
268 development-of-regional-impact review.
269 (b)b. A development that is at or above 100 120 percent of
270 any numerical threshold in the statewide guidelines and
271 standards is subject to subsection (12) shall be required to
272 undergo development-of-regional-impact review.
273 c. Projects certified under s. 403.973 which create at
274 least 100 jobs and meet the criteria of the Department of
275 Economic Opportunity as to their impact on an area’s economy,
276 employment, and prevailing wage and skill levels that are at or
277 below 100 percent of the numerical thresholds for industrial
278 plants, industrial parks, distribution, warehousing or
279 wholesaling facilities, office development or multiuse projects
280 other than residential, as described in s. 380.0651(3)(c) and
281 (f) are not required to undergo development-of-regional-impact
282 review.
283 2. Rebuttable presumption.—It shall be presumed that a
284 development that is at 100 percent or between 100 and 120
285 percent of a numerical threshold shall be required to undergo
286 development-of-regional-impact review.
287 (e) With respect to residential, hotel, motel, office, and
288 retail developments, the applicable guidelines and standards
289 shall be increased by 50 percent in urban central business
290 districts and regional activity centers of jurisdictions whose
291 local comprehensive plans are in compliance with part II of
292 chapter 163. With respect to multiuse developments, the
293 applicable individual use guidelines and standards for
294 residential, hotel, motel, office, and retail developments and
295 multiuse guidelines and standards shall be increased by 100
296 percent in urban central business districts and regional
297 activity centers of jurisdictions whose local comprehensive
298 plans are in compliance with part II of chapter 163, if one land
299 use of the multiuse development is residential and amounts to
300 not less than 35 percent of the jurisdiction’s applicable
301 residential threshold. With respect to resort or convention
302 hotel developments, the applicable guidelines and standards
303 shall be increased by 150 percent in urban central business
304 districts and regional activity centers of jurisdictions whose
305 local comprehensive plans are in compliance with part II of
306 chapter 163 and where the increase is specifically for a
307 proposed resort or convention hotel located in a county with a
308 population greater than 500,000 and the local government
309 specifically designates that the proposed resort or convention
310 hotel development will serve an existing convention center of
311 more than 250,000 gross square feet built before July 1, 1992.
312 The applicable guidelines and standards shall be increased by
313 150 percent for development in any area designated by the
314 Governor as a rural area of opportunity pursuant to s. 288.0656
315 during the effectiveness of the designation.
316 (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
317 STANDARDS.—The state land planning agency, a regional planning
318 agency, or a local government may petition the Administration
319 Commission to increase or decrease the numerical thresholds of
320 any statewide guideline and standard. The state land planning
321 agency or the regional planning agency may petition for an
322 increase or decrease for a particular local government’s
323 jurisdiction or a part of a particular jurisdiction. A local
324 government may petition for an increase or decrease within its
325 jurisdiction or a part of its jurisdiction. A number of requests
326 may be combined in a single petition.
327 (a) When a petition is filed, the state land planning
328 agency shall have no more than 180 days to prepare and submit to
329 the Administration Commission a report and recommendations on
330 the proposed variation. The report shall evaluate, and the
331 Administration Commission shall consider, the following
332 criteria:
333 1. Whether the local government has adopted and effectively
334 implemented a comprehensive plan that reflects and implements
335 the goals and objectives of an adopted state comprehensive plan.
336 2. Any applicable policies in an adopted strategic regional
337 policy plan.
338 3. Whether the local government has adopted and effectively
339 implemented both a comprehensive set of land development
340 regulations, which regulations shall include a planned unit
341 development ordinance, and a capital improvements plan that are
342 consistent with the local government comprehensive plan.
343 4. Whether the local government has adopted and effectively
344 implemented the authority and the fiscal mechanisms for
345 requiring developers to meet development order conditions.
346 5. Whether the local government has adopted and effectively
347 implemented and enforced satisfactory development review
348 procedures.
349 (b) The affected regional planning agency, adjoining local
350 governments, and the local government shall be given a
351 reasonable opportunity to submit recommendations to the
352 Administration Commission regarding any such proposed
353 variations.
354 (c) The Administration Commission shall have authority to
355 increase or decrease a threshold in the statewide guidelines and
356 standards up to 50 percent above or below the statewide
357 presumptive threshold. The commission may from time to time
358 reconsider changed thresholds and make additional variations as
359 it deems necessary.
360 (d) The Administration Commission shall adopt rules setting
361 forth the procedures for submission and review of petitions
362 filed pursuant to this subsection.
363 (e) Variations to guidelines and standards adopted by the
364 Administration Commission under this subsection shall be
365 transmitted on or before March 1 to the President of the Senate
366 and the Speaker of the House of Representatives for presentation
367 at the next regular session of the Legislature. Unless approved
368 as submitted by general law, the revisions shall not become
369 effective.
370 (3)(4) BINDING LETTER.—
371 (a) Any binding letter previously issued to a developer by
372 the state land planning agency as to If any developer is in
373 doubt whether his or her proposed development must undergo
374 development-of-regional-impact review under the guidelines and
375 standards, whether his or her rights have vested pursuant to
376 subsection (8) (20), or whether a proposed substantial change to
377 a development of regional impact concerning which rights had
378 previously vested pursuant to subsection (8) (20) would divest
379 such rights, remains valid unless it expired on or before the
380 effective date of this act the developer may request a
381 determination from the state land planning agency. The developer
382 or the appropriate local government having jurisdiction may
383 request that the state land planning agency determine whether
384 the amount of development that remains to be built in an
385 approved development of regional impact meets the criteria of
386 subparagraph (15)(g)3.
387 (b) Upon a request by the developer, a binding letter of
388 interpretation regarding which rights had previously vested in a
389 development of regional impact may be amended by the local
390 government of jurisdiction, based on standards and procedures in
391 the adopted local comprehensive plan or the adopted local land
392 development code, to reflect a change to the plan of development
393 and modification of vested rights, provided that any such
394 amendment to a binding letter of vested rights must be
395 consistent with s. 163.3167(5). Review of a request for an
396 amendment to a binding letter of vested rights may not include a
397 review of the impacts created by previously vested portions of
398 the development Unless a developer waives the requirements of
399 this paragraph by agreeing to undergo development-of-regional
400 impact review pursuant to this section, the state land planning
401 agency or local government with jurisdiction over the land on
402 which a development is proposed may require a developer to
403 obtain a binding letter if the development is at a presumptive
404 numerical threshold or up to 20 percent above a numerical
405 threshold in the guidelines and standards.
406 (c) Any local government may petition the state land
407 planning agency to require a developer of a development located
408 in an adjacent jurisdiction to obtain a binding letter of
409 interpretation. The petition shall contain facts to support a
410 finding that the development as proposed is a development of
411 regional impact. This paragraph shall not be construed to grant
412 standing to the petitioning local government to initiate an
413 administrative or judicial proceeding pursuant to this chapter.
414 (d) A request for a binding letter of interpretation shall
415 be in writing and in such form and content as prescribed by the
416 state land planning agency. Within 15 days of receiving an
417 application for a binding letter of interpretation or a
418 supplement to a pending application, the state land planning
419 agency shall determine and notify the applicant whether the
420 information in the application is sufficient to enable the
421 agency to issue a binding letter or shall request any additional
422 information needed. The applicant shall either provide the
423 additional information requested or shall notify the state land
424 planning agency in writing that the information will not be
425 supplied and the reasons therefor. If the applicant does not
426 respond to the request for additional information within 120
427 days, the application for a binding letter of interpretation
428 shall be deemed to be withdrawn. Within 35 days after
429 acknowledging receipt of a sufficient application, or of
430 receiving notification that the information will not be
431 supplied, the state land planning agency shall issue a binding
432 letter of interpretation with respect to the proposed
433 development. A binding letter of interpretation issued by the
434 state land planning agency shall bind all state, regional, and
435 local agencies, as well as the developer.
436 (e) In determining whether a proposed substantial change to
437 a development of regional impact concerning which rights had
438 previously vested pursuant to subsection (20) would divest such
439 rights, the state land planning agency shall review the proposed
440 change within the context of:
441 1. Criteria specified in paragraph (19)(b);
442 2. Its conformance with any adopted state comprehensive
443 plan and any rules of the state land planning agency;
444 3. All rights and obligations arising out of the vested
445 status of such development;
446 4. Permit conditions or requirements imposed by the
447 Department of Environmental Protection or any water management
448 district created by s. 373.069 or any of their successor
449 agencies or by any appropriate federal regulatory agency; and
450 5. Any regional impacts arising from the proposed change.
451 (f) If a proposed substantial change to a development of
452 regional impact concerning which rights had previously vested
453 pursuant to subsection (20) would result in reduced regional
454 impacts, the change shall not divest rights to complete the
455 development pursuant to subsection (20). Furthermore, where all
456 or a portion of the development of regional impact for which
457 rights had previously vested pursuant to subsection (20) is
458 demolished and reconstructed within the same approximate
459 footprint of buildings and parking lots, so that any change in
460 the size of the development does not exceed the criteria of
461 paragraph (19)(b), such demolition and reconstruction shall not
462 divest the rights which had vested.
463 (c)(g) Every binding letter determining that a proposed
464 development is not a development of regional impact, but not
465 including binding letters of vested rights or of modification of
466 vested rights, shall expire and become void unless the plan of
467 development has been substantially commenced within:
468 1. Three years from October 1, 1985, for binding letters
469 issued prior to the effective date of this act; or
470 2. Three years from the date of issuance of binding letters
471 issued on or after October 1, 1985.
472 (d)(h) The expiration date of a binding letter begins,
473 established pursuant to paragraph (g), shall begin to run after
474 final disposition of all administrative and judicial appeals of
475 the binding letter and may be extended by mutual agreement of
476 the state land planning agency, the local government of
477 jurisdiction, and the developer.
478 (e)(i) In response to an inquiry from a developer or the
479 appropriate local government having jurisdiction, the state land
480 planning agency may issue An informal determination by the state
481 land planning agency, in the form of a clearance letter as to
482 whether a development is required to undergo development-of
483 regional-impact review or whether the amount of development that
484 remains to be built in an approved development of regional
485 impact, remains valid unless it expired on or before the
486 effective date of this act meets the criteria of subparagraph
487 (15)(g)3. A clearance letter may be based solely on the
488 information provided by the developer, and the state land
489 planning agency is not required to conduct an investigation of
490 that information. If any material information provided by the
491 developer is incomplete or inaccurate, the clearance letter is
492 not binding upon the state land planning agency. A clearance
493 letter does not constitute final agency action.
494 (5) AUTHORIZATION TO DEVELOP.—
495 (a)1. A developer who is required to undergo development
496 of-regional-impact review may undertake a development of
497 regional impact if the development has been approved under the
498 requirements of this section.
499 2. If the land on which the development is proposed is
500 within an area of critical state concern, the development must
501 also be approved under the requirements of s. 380.05.
502 (b) State or regional agencies may inquire whether a
503 proposed project is undergoing or will be required to undergo
504 development-of-regional-impact review. If a project is
505 undergoing or will be required to undergo development-of
506 regional-impact review, any state or regional permit necessary
507 for the construction or operation of the project that is valid
508 for 5 years or less shall take effect, and the period of time
509 for which the permit is valid shall begin to run, upon
510 expiration of the time allowed for an administrative appeal of
511 the development or upon final action following an administrative
512 appeal or judicial review, whichever is later. However, if the
513 application for development approval is not filed within 18
514 months after the issuance of the permit, the time of validity of
515 the permit shall be considered to be from the date of issuance
516 of the permit. If a project is required to obtain a binding
517 letter under subsection (4), any state or regional agency permit
518 necessary for the construction or operation of the project that
519 is valid for 5 years or less shall take effect, and the period
520 of time for which the permit is valid shall begin to run, only
521 after the developer obtains a binding letter stating that the
522 project is not required to undergo development-of-regional
523 impact review or after the developer obtains a development order
524 pursuant to this section.
525 (c) Prior to the issuance of a final development order, the
526 developer may elect to be bound by the rules adopted pursuant to
527 chapters 373 and 403 in effect when such development order is
528 issued. The rules adopted pursuant to chapters 373 and 403 in
529 effect at the time such development order is issued shall be
530 applicable to all applications for permits pursuant to those
531 chapters and which are necessary for and consistent with the
532 development authorized in such development order, except that a
533 later adopted rule shall be applicable to an application if:
534 1. The later adopted rule is determined by the rule
535 adopting agency to be essential to the public health, safety, or
536 welfare;
537 2. The later adopted rule is adopted pursuant to s.
538 403.061(27);
539 3. The later adopted rule is being adopted pursuant to a
540 subsequently enacted statutorily mandated program;
541 4. The later adopted rule is mandated in order for the
542 state to maintain delegation of a federal program; or
543 5. The later adopted rule is required by state or federal
544 law.
545 (d) The provision of day care service facilities in
546 developments approved pursuant to this section is permissible
547 but is not required.
548
549 Further, in order for any developer to apply for permits
550 pursuant to this provision, the application must be filed within
551 5 years from the issuance of the final development order and the
552 permit shall not be effective for more than 8 years from the
553 issuance of the final development order. Nothing in this
554 paragraph shall be construed to alter or change any permitting
555 agency’s authority to approve permits or to determine applicable
556 criteria for longer periods of time.
557 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
558 PLAN AMENDMENTS.—
559 (a) Prior to undertaking any development, a developer that
560 is required to undergo development-of-regional-impact review
561 shall file an application for development approval with the
562 appropriate local government having jurisdiction. The
563 application shall contain, in addition to such other matters as
564 may be required, a statement that the developer proposes to
565 undertake a development of regional impact as required under
566 this section.
567 (b) Any local government comprehensive plan amendments
568 related to a proposed development of regional impact, including
569 any changes proposed under subsection (19), may be initiated by
570 a local planning agency or the developer and must be considered
571 by the local governing body at the same time as the application
572 for development approval using the procedures provided for local
573 plan amendment in s. 163.3184 and applicable local ordinances,
574 without regard to local limits on the frequency of consideration
575 of amendments to the local comprehensive plan. This paragraph
576 does not require favorable consideration of a plan amendment
577 solely because it is related to a development of regional
578 impact. The procedure for processing such comprehensive plan
579 amendments is as follows:
580 1. If a developer seeks a comprehensive plan amendment
581 related to a development of regional impact, the developer must
582 so notify in writing the regional planning agency, the
583 applicable local government, and the state land planning agency
584 no later than the date of preapplication conference or the
585 submission of the proposed change under subsection (19).
586 2. When filing the application for development approval or
587 the proposed change, the developer must include a written
588 request for comprehensive plan amendments that would be
589 necessitated by the development-of-regional-impact approvals
590 sought. That request must include data and analysis upon which
591 the applicable local government can determine whether to
592 transmit the comprehensive plan amendment pursuant to s.
593 163.3184.
594 3. The local government must advertise a public hearing on
595 the transmittal within 30 days after filing the application for
596 development approval or the proposed change and must make a
597 determination on the transmittal within 60 days after the
598 initial filing unless that time is extended by the developer.
599 4. If the local government approves the transmittal,
600 procedures set forth in s. 163.3184 must be followed.
601 5. Notwithstanding subsection (11) or subsection (19), the
602 local government may not hold a public hearing on the
603 application for development approval or the proposed change or
604 on the comprehensive plan amendments sooner than 30 days after
605 reviewing agency comments are due to the local government
606 pursuant to s. 163.3184.
607 6. The local government must hear both the application for
608 development approval or the proposed change and the
609 comprehensive plan amendments at the same hearing. However, the
610 local government must take action separately on the application
611 for development approval or the proposed change and on the
612 comprehensive plan amendments.
613 7. Thereafter, the appeal process for the local government
614 development order must follow the provisions of s. 380.07, and
615 the compliance process for the comprehensive plan amendments
616 must follow the provisions of s. 163.3184.
617 (7) PREAPPLICATION PROCEDURES.—
618 (a) Before filing an application for development approval,
619 the developer shall contact the regional planning agency having
620 jurisdiction over the proposed development to arrange a
621 preapplication conference. Upon the request of the developer or
622 the regional planning agency, other affected state and regional
623 agencies shall participate in this conference and shall identify
624 the types of permits issued by the agencies, the level of
625 information required, and the permit issuance procedures as
626 applied to the proposed development. The levels of service
627 required in the transportation methodology shall be the same
628 levels of service used to evaluate concurrency in accordance
629 with s. 163.3180. The regional planning agency shall provide the
630 developer information about the development-of-regional-impact
631 process and the use of preapplication conferences to identify
632 issues, coordinate appropriate state and local agency
633 requirements, and otherwise promote a proper and efficient
634 review of the proposed development. If an agreement is reached
635 regarding assumptions and methodology to be used in the
636 application for development approval, the reviewing agencies may
637 not subsequently object to those assumptions and methodologies
638 unless subsequent changes to the project or information obtained
639 during the review make those assumptions and methodologies
640 inappropriate. The reviewing agencies may make only
641 recommendations or comments regarding a proposed development
642 which are consistent with the statutes, rules, or adopted local
643 government ordinances that are applicable to developments in the
644 jurisdiction where the proposed development is located.
645 (b) The regional planning agency shall establish by rule a
646 procedure by which a developer may enter into binding written
647 agreements with the regional planning agency to eliminate
648 questions from the application for development approval when
649 those questions are found to be unnecessary for development-of
650 regional-impact review. It is the legislative intent of this
651 subsection to encourage reduction of paperwork, to discourage
652 unnecessary gathering of data, and to encourage the coordination
653 of the development-of-regional-impact review process with
654 federal, state, and local environmental reviews when such
655 reviews are required by law.
656 (c) If the application for development approval is not
657 submitted within 1 year after the date of the preapplication
658 conference, the regional planning agency, the local government
659 having jurisdiction, or the applicant may request that another
660 preapplication conference be held.
661 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
662 (a) A developer may enter into a written preliminary
663 development agreement with the state land planning agency to
664 allow a developer to proceed with a limited amount of the total
665 proposed development, subject to all other governmental
666 approvals and solely at the developer’s own risk, prior to
667 issuance of a final development order. All owners of the land in
668 the total proposed development shall join the developer as
669 parties to the agreement. Each agreement shall include and be
670 subject to the following conditions:
671 1. The developer shall comply with the preapplication
672 conference requirements pursuant to subsection (7) within 45
673 days after the execution of the agreement.
674 2. The developer shall file an application for development
675 approval for the total proposed development within 3 months
676 after execution of the agreement, unless the state land planning
677 agency agrees to a different time for good cause shown. Failure
678 to timely file an application and to otherwise diligently
679 proceed in good faith to obtain a final development order shall
680 constitute a breach of the preliminary development agreement.
681 3. The agreement shall include maps and legal descriptions
682 of both the preliminary development area and the total proposed
683 development area and shall specifically describe the preliminary
684 development in terms of magnitude and location. The area
685 approved for preliminary development must be included in the
686 application for development approval and shall be subject to the
687 terms and conditions of the final development order.
688 4. The preliminary development shall be limited to lands
689 that the state land planning agency agrees are suitable for
690 development and shall only be allowed in areas where adequate
691 public infrastructure exists to accommodate the preliminary
692 development, when such development will utilize public
693 infrastructure. The developer must also demonstrate that the
694 preliminary development will not result in material adverse
695 impacts to existing resources or existing or planned facilities.
696 5. The preliminary development agreement may allow
697 development which is:
698 a. Less than 100 percent of any applicable threshold if the
699 developer demonstrates that such development is consistent with
700 subparagraph 4.; or
701 b. Less than 120 percent of any applicable threshold if the
702 developer demonstrates that such development is part of a
703 proposed downtown development of regional impact specified in
704 subsection (22) or part of any areawide development of regional
705 impact specified in subsection (25) and that the development is
706 consistent with subparagraph 4.
707 6. The developer and owners of the land may not claim
708 vested rights, or assert equitable estoppel, arising from the
709 agreement or any expenditures or actions taken in reliance on
710 the agreement to continue with the total proposed development
711 beyond the preliminary development. The agreement shall not
712 entitle the developer to a final development order approving the
713 total proposed development or to particular conditions in a
714 final development order.
715 7. The agreement shall not prohibit the regional planning
716 agency from reviewing or commenting on any regional issue that
717 the regional agency determines should be included in the
718 regional agency’s report on the application for development
719 approval.
720 8. The agreement shall include a disclosure by the
721 developer and all the owners of the land in the total proposed
722 development of all land or development within 5 miles of the
723 total proposed development in which they have an interest and
724 shall describe such interest.
725 9. In the event of a breach of the agreement or failure to
726 comply with any condition of the agreement, or if the agreement
727 was based on materially inaccurate information, the state land
728 planning agency may terminate the agreement or file suit to
729 enforce the agreement as provided in this section and s. 380.11,
730 including a suit to enjoin all development.
731 10. A notice of the preliminary development agreement shall
732 be recorded by the developer in accordance with s. 28.222 with
733 the clerk of the circuit court for each county in which land
734 covered by the terms of the agreement is located. The notice
735 shall include a legal description of the land covered by the
736 agreement and shall state the parties to the agreement, the date
737 of adoption of the agreement and any subsequent amendments, the
738 location where the agreement may be examined, and that the
739 agreement constitutes a land development regulation applicable
740 to portions of the land covered by the agreement. The provisions
741 of the agreement shall inure to the benefit of and be binding
742 upon successors and assigns of the parties in the agreement.
743 11. Except for those agreements which authorize preliminary
744 development for substantial deviations pursuant to subsection
745 (19), a developer who no longer wishes to pursue a development
746 of regional impact may propose to abandon any preliminary
747 development agreement executed after January 1, 1985, including
748 those pursuant to s. 380.032(3), provided at the time of
749 abandonment:
750 a. A final development order under this section has been
751 rendered that approves all of the development actually
752 constructed; or
753 b. The amount of development is less than 100 percent of
754 all numerical thresholds of the guidelines and standards, and
755 the state land planning agency determines in writing that the
756 development to date is in compliance with all applicable local
757 regulations and the terms and conditions of the preliminary
758 development agreement and otherwise adequately mitigates for the
759 impacts of the development to date.
760
761 In either event, when a developer proposes to abandon said
762 agreement, the developer shall give written notice and state
763 that he or she is no longer proposing a development of regional
764 impact and provide adequate documentation that he or she has met
765 the criteria for abandonment of the agreement to the state land
766 planning agency. Within 30 days of receipt of adequate
767 documentation of such notice, the state land planning agency
768 shall make its determination as to whether or not the developer
769 meets the criteria for abandonment. Once the state land planning
770 agency determines that the developer meets the criteria for
771 abandonment, the state land planning agency shall issue a notice
772 of abandonment which shall be recorded by the developer in
773 accordance with s. 28.222 with the clerk of the circuit court
774 for each county in which land covered by the terms of the
775 agreement is located.
776 (b) The state land planning agency may enter into other
777 types of agreements to effectuate the provisions of this act as
778 provided in s. 380.032.
779 (c) The provisions of this subsection shall also be
780 available to a developer who chooses to seek development
781 approval of a Florida Quality Development pursuant to s.
782 380.061.
783 (9) CONCEPTUAL AGENCY REVIEW.—
784 (a)1. In order to facilitate the planning and preparation
785 of permit applications for projects that undergo development-of
786 regional-impact review, and in order to coordinate the
787 information required to issue such permits, a developer may
788 elect to request conceptual agency review under this subsection
789 either concurrently with development-of-regional-impact review
790 and comprehensive plan amendments, if applicable, or subsequent
791 to a preapplication conference held pursuant to subsection (7).
792 2. “Conceptual agency review” means general review of the
793 proposed location, densities, intensity of use, character, and
794 major design features of a proposed development required to
795 undergo review under this section for the purpose of considering
796 whether these aspects of the proposed development comply with
797 the issuing agency’s statutes and rules.
798 3. Conceptual agency review is a licensing action subject
799 to chapter 120, and approval or denial constitutes final agency
800 action, except that the 90-day time period specified in s.
801 120.60(1) shall be tolled for the agency when the affected
802 regional planning agency requests information from the developer
803 pursuant to paragraph (10)(b). If proposed agency action on the
804 conceptual approval is the subject of a proceeding under ss.
805 120.569 and 120.57, final agency action shall be conclusive as
806 to any issues actually raised and adjudicated in the proceeding,
807 and such issues may not be raised in any subsequent proceeding
808 under ss. 120.569 and 120.57 on the proposed development by any
809 parties to the prior proceeding.
810 4. A conceptual agency review approval shall be valid for
811 up to 10 years, unless otherwise provided in a state or regional
812 agency rule, and may be reviewed and reissued for additional
813 periods of time under procedures established by the agency.
814 (b) The Department of Environmental Protection, each water
815 management district, and each other state or regional agency
816 that requires construction or operation permits shall establish
817 by rule a set of procedures necessary for conceptual agency
818 review for the following permitting activities within their
819 respective regulatory jurisdictions:
820 1. The construction and operation of potential sources of
821 water pollution, including industrial wastewater, domestic
822 wastewater, and stormwater.
823 2. Dredging and filling activities.
824 3. The management and storage of surface waters.
825 4. The construction and operation of works of the district,
826 only if a conceptual agency review approval is requested under
827 subparagraph 3.
828
829 Any state or regional agency may establish rules for conceptual
830 agency review for any other permitting activities within its
831 respective regulatory jurisdiction.
832 (c)1. Each agency participating in conceptual agency
833 reviews shall determine and establish by rule its information
834 and application requirements and furnish these requirements to
835 the state land planning agency and to any developer seeking
836 conceptual agency review under this subsection.
837 2. Each agency shall cooperate with the state land planning
838 agency to standardize, to the extent possible, review
839 procedures, data requirements, and data collection methodologies
840 among all participating agencies, consistent with the
841 requirements of the statutes that establish the permitting
842 programs for each agency.
843 (d) At the conclusion of the conceptual agency review, the
844 agency shall give notice of its proposed agency action as
845 required by s. 120.60(3) and shall forward a copy of the notice
846 to the appropriate regional planning council with a report
847 setting out the agency’s conclusions on potential development
848 impacts and stating whether the agency intends to grant
849 conceptual approval, with or without conditions, or to deny
850 conceptual approval. If the agency intends to deny conceptual
851 approval, the report shall state the reasons therefor. The
852 agency may require the developer to publish notice of proposed
853 agency action in accordance with s. 403.815.
854 (e) An agency’s decision to grant conceptual approval shall
855 not relieve the developer of the requirement to obtain a permit
856 and to meet the standards for issuance of a construction or
857 operation permit or to meet the agency’s information
858 requirements for such a permit. Nevertheless, there shall be a
859 rebuttable presumption that the developer is entitled to receive
860 a construction or operation permit for an activity for which the
861 agency granted conceptual review approval, to the extent that
862 the project for which the applicant seeks a permit is in
863 accordance with the conceptual approval and with the agency’s
864 standards and criteria for issuing a construction or operation
865 permit. The agency may revoke or appropriately modify a valid
866 conceptual approval if the agency shows:
867 1. That an applicant or his or her agent has submitted
868 materially false or inaccurate information in the application
869 for conceptual approval;
870 2. That the developer has violated a condition of the
871 conceptual approval; or
872 3. That the development will cause a violation of the
873 agency’s applicable laws or rules.
874 (f) Nothing contained in this subsection shall modify or
875 abridge the law of vested rights or estoppel.
876 (g) Nothing contained in this subsection shall be construed
877 to preclude an agency from adopting rules for conceptual review
878 for developments which are not developments of regional impact.
879 (10) APPLICATION; SUFFICIENCY.—
880 (a) When an application for development approval is filed
881 with a local government, the developer shall also send copies of
882 the application to the appropriate regional planning agency and
883 the state land planning agency.
884 (b) If a regional planning agency determines that the
885 application for development approval is insufficient for the
886 agency to discharge its responsibilities under subsection (12),
887 it shall provide in writing to the appropriate local government
888 and the applicant a statement of any additional information
889 desired within 30 days of the receipt of the application by the
890 regional planning agency. The applicant may supply the
891 information requested by the regional planning agency and shall
892 communicate its intention to do so in writing to the appropriate
893 local government and the regional planning agency within 5
894 working days of the receipt of the statement requesting such
895 information, or the applicant shall notify the appropriate local
896 government and the regional planning agency in writing that the
897 requested information will not be supplied. Within 30 days after
898 receipt of such additional information, the regional planning
899 agency shall review it and may request only that information
900 needed to clarify the additional information or to answer new
901 questions raised by, or directly related to, the additional
902 information. The regional planning agency may request additional
903 information no more than twice, unless the developer waives this
904 limitation. If an applicant does not provide the information
905 requested by a regional planning agency within 120 days of its
906 request, or within a time agreed upon by the applicant and the
907 regional planning agency, the application shall be considered
908 withdrawn.
909 (c) The regional planning agency shall notify the local
910 government that a public hearing date may be set when the
911 regional planning agency determines that the application is
912 sufficient or when it receives notification from the developer
913 that the additional requested information will not be supplied,
914 as provided for in paragraph (b).
915 (11) LOCAL NOTICE.—Upon receipt of the sufficiency
916 notification from the regional planning agency required by
917 paragraph (10)(c), the appropriate local government shall give
918 notice and hold a public hearing on the application in the same
919 manner as for a rezoning as provided under the appropriate
920 special or local law or ordinance, except that such hearing
921 proceedings shall be recorded by tape or a certified court
922 reporter and made available for transcription at the expense of
923 any interested party. When a development of regional impact is
924 proposed within the jurisdiction of more than one local
925 government, the local governments, at the request of the
926 developer, may hold a joint public hearing. The local government
927 shall comply with the following additional requirements:
928 (a) The notice of public hearing shall state that the
929 proposed development is undergoing a development-of-regional
930 impact review.
931 (b) The notice shall be published at least 60 days in
932 advance of the hearing and shall specify where the information
933 and reports on the development-of-regional-impact application
934 may be reviewed.
935 (c) The notice shall be given to the state land planning
936 agency, to the applicable regional planning agency, to any state
937 or regional permitting agency participating in a conceptual
938 agency review process under subsection (9), and to such other
939 persons as may have been designated by the state land planning
940 agency as entitled to receive such notices.
941 (d) A public hearing date shall be set by the appropriate
942 local government at the next scheduled meeting. The public
943 hearing shall be held no later than 90 days after issuance of
944 notice by the regional planning agency that a public hearing may
945 be set, unless an extension is requested by the applicant.
946 (12) REGIONAL REPORTS.—
947 (a) Within 50 days after receipt of the notice of public
948 hearing required in paragraph (11)(c), the regional planning
949 agency, if one has been designated for the area including the
950 local government, shall prepare and submit to the local
951 government a report and recommendations on the regional impact
952 of the proposed development. In preparing its report and
953 recommendations, the regional planning agency shall identify
954 regional issues based upon the following review criteria and
955 make recommendations to the local government on these regional
956 issues, specifically considering whether, and the extent to
957 which:
958 1. The development will have a favorable or unfavorable
959 impact on state or regional resources or facilities identified
960 in the applicable state or regional plans. As used in this
961 subsection, the term “applicable state plan” means the state
962 comprehensive plan. As used in this subsection, the term
963 “applicable regional plan” means an adopted strategic regional
964 policy plan.
965 2. The development will significantly impact adjacent
966 jurisdictions. At the request of the appropriate local
967 government, regional planning agencies may also review and
968 comment upon issues that affect only the requesting local
969 government.
970 3. As one of the issues considered in the review in
971 subparagraphs 1. and 2., the development will favorably or
972 adversely affect the ability of people to find adequate housing
973 reasonably accessible to their places of employment if the
974 regional planning agency has adopted an affordable housing
975 policy as part of its strategic regional policy plan. The
976 determination should take into account information on factors
977 that are relevant to the availability of reasonably accessible
978 adequate housing. Adequate housing means housing that is
979 available for occupancy and that is not substandard.
980 (b) The regional planning agency report must contain
981 recommendations that are consistent with the standards required
982 by the applicable state permitting agencies or the water
983 management district.
984 (c) At the request of the regional planning agency, other
985 appropriate agencies shall review the proposed development and
986 shall prepare reports and recommendations on issues that are
987 clearly within the jurisdiction of those agencies. Such agency
988 reports shall become part of the regional planning agency
989 report; however, the regional planning agency may attach
990 dissenting views. When water management district and Department
991 of Environmental Protection permits have been issued pursuant to
992 chapter 373 or chapter 403, the regional planning council may
993 comment on the regional implications of the permits but may not
994 offer conflicting recommendations.
995 (d) The regional planning agency shall afford the developer
996 or any substantially affected party reasonable opportunity to
997 present evidence to the regional planning agency head relating
998 to the proposed regional agency report and recommendations.
999 (e) If the location of a proposed development involves land
1000 within the boundaries of multiple regional planning councils,
1001 the state land planning agency shall designate a lead regional
1002 planning council. The lead regional planning council shall
1003 prepare the regional report.
1004 (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
1005 development is in an area of critical state concern, the local
1006 government shall approve it only if it complies with the land
1007 development regulations therefor under s. 380.05 and the
1008 provisions of this section. The provisions of this section shall
1009 not apply to developments in areas of critical state concern
1010 which had pending applications and had been noticed or agendaed
1011 by local government after September 1, 1985, and before October
1012 1, 1985, for development order approval. In all such cases, the
1013 state land planning agency may consider and address applicable
1014 regional issues contained in subsection (12) as part of its
1015 area-of-critical-state-concern review pursuant to ss. 380.05,
1016 380.07, and 380.11.
1017 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
1018 the development is not located in an area of critical state
1019 concern, in considering whether the development is approved,
1020 denied, or approved subject to conditions, restrictions, or
1021 limitations, the local government shall consider whether, and
1022 the extent to which:
1023 (a) The development is consistent with the local
1024 comprehensive plan and local land development regulations.
1025 (b) The development is consistent with the report and
1026 recommendations of the regional planning agency submitted
1027 pursuant to subsection (12).
1028 (c) The development is consistent with the State
1029 Comprehensive Plan. In consistency determinations, the plan
1030 shall be construed and applied in accordance with s. 187.101(3).
1031
1032 However, a local government may approve a change to a
1033 development authorized as a development of regional impact if
1034 the change has the effect of reducing the originally approved
1035 height, density, or intensity of the development and if the
1036 revised development would have been consistent with the
1037 comprehensive plan in effect when the development was originally
1038 approved. If the revised development is approved, the developer
1039 may proceed as provided in s. 163.3167(5).
1040 (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
1041 (a) Notwithstanding any provision of any adopted local
1042 comprehensive plan or adopted local government land development
1043 regulation to the contrary, an amendment to a development order
1044 for an approved development of regional impact adopted pursuant
1045 to subsection (7) may not alter the appropriate local government
1046 shall render a decision on the application within 30 days after
1047 the hearing unless an extension is requested by the developer.
1048 (b) When possible, local governments shall issue
1049 development orders concurrently with any other local permits or
1050 development approvals that may be applicable to the proposed
1051 development.
1052 (c) The development order shall include findings of fact
1053 and conclusions of law consistent with subsections (13) and
1054 (14). The development order:
1055 1. Shall specify the monitoring procedures and the local
1056 official responsible for assuring compliance by the developer
1057 with the development order.
1058 2. Shall establish compliance dates for the development
1059 order, including a deadline for commencing physical development
1060 and for compliance with conditions of approval or phasing
1061 requirements, and shall include a buildout date that reasonably
1062 reflects the time anticipated to complete the development.
1063 3. Shall establish a date until which the local government
1064 agrees that the approved development of regional impact will
1065 shall not be subject to downzoning, unit density reduction, or
1066 intensity reduction, unless the local government can demonstrate
1067 that substantial changes in the conditions underlying the
1068 approval of the development order have occurred or the
1069 development order was based on substantially inaccurate
1070 information provided by the developer or that the change is
1071 clearly established by local government to be essential to the
1072 public health, safety, or welfare. The date established pursuant
1073 to this paragraph may not be subparagraph shall be no sooner
1074 than the buildout date of the project.
1075 4. Shall specify the requirements for the biennial report
1076 designated under subsection (18), including the date of
1077 submission, parties to whom the report is submitted, and
1078 contents of the report, based upon the rules adopted by the
1079 state land planning agency. Such rules shall specify the scope
1080 of any additional local requirements that may be necessary for
1081 the report.
1082 5. May specify the types of changes to the development
1083 which shall require submission for a substantial deviation
1084 determination or a notice of proposed change under subsection
1085 (19).
1086 6. Shall include a legal description of the property.
1087 (d) Conditions of a development order that require a
1088 developer to contribute land for a public facility or construct,
1089 expand, or pay for land acquisition or construction or expansion
1090 of a public facility, or portion thereof, shall meet the
1091 following criteria:
1092 1. The need to construct new facilities or add to the
1093 present system of public facilities must be reasonably
1094 attributable to the proposed development.
1095 2. Any contribution of funds, land, or public facilities
1096 required from the developer shall be comparable to the amount of
1097 funds, land, or public facilities that the state or the local
1098 government would reasonably expect to expend or provide, based
1099 on projected costs of comparable projects, to mitigate the
1100 impacts reasonably attributable to the proposed development.
1101 3. Any funds or lands contributed must be expressly
1102 designated and used to mitigate impacts reasonably attributable
1103 to the proposed development.
1104 4. Construction or expansion of a public facility by a
1105 nongovernmental developer as a condition of a development order
1106 to mitigate the impacts reasonably attributable to the proposed
1107 development is not subject to competitive bidding or competitive
1108 negotiation for selection of a contractor or design professional
1109 for any part of the construction or design.
1110 (b)(e)1. A local government may shall not include, as a
1111 development order condition for a development of regional
1112 impact, any requirement that a developer contribute or pay for
1113 land acquisition or construction or expansion of public
1114 facilities or portions thereof unless the local government has
1115 enacted a local ordinance which requires other development not
1116 subject to this section to contribute its proportionate share of
1117 the funds, land, or public facilities necessary to accommodate
1118 any impacts having a rational nexus to the proposed development,
1119 and the need to construct new facilities or add to the present
1120 system of public facilities must be reasonably attributable to
1121 the proposed development.
1122 2. Selection of a contractor or design professional for any
1123 aspect of construction or design related to the construction or
1124 expansion of a public facility by a nongovernmental developer
1125 which is undertaken as a condition of a development order to
1126 mitigate the impacts reasonably attributable to the proposed
1127 development is not subject to competitive bidding or competitive
1128 negotiation A local government shall not approve a development
1129 of regional impact that does not make adequate provision for the
1130 public facilities needed to accommodate the impacts of the
1131 proposed development unless the local government includes in the
1132 development order a commitment by the local government to
1133 provide these facilities consistently with the development
1134 schedule approved in the development order; however, a local
1135 government’s failure to meet the requirements of subparagraph 1.
1136 and this subparagraph shall not preclude the issuance of a
1137 development order where adequate provision is made by the
1138 developer for the public facilities needed to accommodate the
1139 impacts of the proposed development. Any funds or lands
1140 contributed by a developer must be expressly designated and used
1141 to accommodate impacts reasonably attributable to the proposed
1142 development.
1143 3. The Department of Economic Opportunity and other state
1144 and regional agencies involved in the administration and
1145 implementation of this act shall cooperate and work with units
1146 of local government in preparing and adopting local impact fee
1147 and other contribution ordinances.
1148 (c)(f) Notice of the adoption of an amendment a development
1149 order or the subsequent amendments to an adopted development
1150 order shall be recorded by the developer, in accordance with s.
1151 28.222, with the clerk of the circuit court for each county in
1152 which the development is located. The notice shall include a
1153 legal description of the property covered by the order and shall
1154 state which unit of local government adopted the development
1155 order, the date of adoption, the date of adoption of any
1156 amendments to the development order, the location where the
1157 adopted order with any amendments may be examined, and that the
1158 development order constitutes a land development regulation
1159 applicable to the property. The recording of this notice does
1160 shall not constitute a lien, cloud, or encumbrance on real
1161 property, or actual or constructive notice of any such lien,
1162 cloud, or encumbrance. This paragraph applies only to
1163 developments initially approved under this section after July 1,
1164 1980. If the local government of jurisdiction rescinds a
1165 development order for an approved development of regional impact
1166 pursuant to s. 380.115, the developer may record notice of the
1167 rescission.
1168 (d)(g) Any agreement entered into by the state land
1169 planning agency, the developer, and the A local government with
1170 respect to an approved development of regional impact previously
1171 classified as essentially built out, or any other official
1172 determination that an approved development of regional impact is
1173 essentially built out, remains valid unless it expired on or
1174 before the effective date of this act. may not issue a permit
1175 for a development subsequent to the buildout date contained in
1176 the development order unless:
1177 1. The proposed development has been evaluated cumulatively
1178 with existing development under the substantial deviation
1179 provisions of subsection (19) after the termination or
1180 expiration date;
1181 2. The proposed development is consistent with an
1182 abandonment of development order that has been issued in
1183 accordance with subsection (26);
1184 3. The development of regional impact is essentially built
1185 out, in that all the mitigation requirements in the development
1186 order have been satisfied, all developers are in compliance with
1187 all applicable terms and conditions of the development order
1188 except the buildout date, and the amount of proposed development
1189 that remains to be built is less than 40 percent of any
1190 applicable development-of-regional-impact threshold; or
1191 4. The project has been determined to be an essentially
1192 built-out development of regional impact through an agreement
1193 executed by the developer, the state land planning agency, and
1194 the local government, in accordance with s. 380.032, which will
1195 establish the terms and conditions under which the development
1196 may be continued. If the project is determined to be essentially
1197 built out, development may proceed pursuant to the s. 380.032
1198 agreement after the termination or expiration date contained in
1199 the development order without further development-of-regional
1200 impact review subject to the local government comprehensive plan
1201 and land development regulations. The parties may amend the
1202 agreement without submission, review, or approval of a
1203 notification of proposed change pursuant to subsection (19). For
1204 the purposes of this paragraph, a development of regional impact
1205 is considered essentially built out, if:
1206 a. The developers are in compliance with all applicable
1207 terms and conditions of the development order except the
1208 buildout date or reporting requirements; and
1209 b.(I) The amount of development that remains to be built is
1210 less than the substantial deviation threshold specified in
1211 paragraph (19)(b) for each individual land use category, or, for
1212 a multiuse development, the sum total of all unbuilt land uses
1213 as a percentage of the applicable substantial deviation
1214 threshold is equal to or less than 100 percent; or
1215 (II) The state land planning agency and the local
1216 government have agreed in writing that the amount of development
1217 to be built does not create the likelihood of any additional
1218 regional impact not previously reviewed.
1219
1220 The single-family residential portions of a development may be
1221 considered essentially built out if all of the workforce housing
1222 obligations and all of the infrastructure and horizontal
1223 development have been completed, at least 50 percent of the
1224 dwelling units have been completed, and more than 80 percent of
1225 the lots have been conveyed to third-party individual lot owners
1226 or to individual builders who own no more than 40 lots at the
1227 time of the determination. The mobile home park portions of a
1228 development may be considered essentially built out if all the
1229 infrastructure and horizontal development has been completed,
1230 and at least 50 percent of the lots are leased to individual
1231 mobile home owners. In order to accommodate changing market
1232 demands and achieve maximum land use efficiency in an
1233 essentially built out project, when a developer is building out
1234 a project, a local government, without the concurrence of the
1235 state land planning agency, may adopt a resolution authorizing
1236 the developer to exchange one approved land use for another
1237 approved land use as specified in the agreement. Before the
1238 issuance of a building permit pursuant to an exchange, the
1239 developer must demonstrate to the local government that the
1240 exchange ratio will not result in a net increase in impacts to
1241 public facilities and will meet all applicable requirements of
1242 the comprehensive plan and land development code. For
1243 developments previously determined to impact strategic
1244 intermodal facilities as defined in s. 339.63, the local
1245 government shall consult with the Department of Transportation
1246 before approving the exchange.
1247 (h) If the property is annexed by another local
1248 jurisdiction, the annexing jurisdiction shall adopt a new
1249 development order that incorporates all previous rights and
1250 obligations specified in the prior development order.
1251 (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
1252 (a) Notwithstanding any provision of an adopted local
1253 comprehensive plan or adopted local government land development
1254 regulations to the contrary, the adoption of an amendment to a
1255 development order for an approved development of regional impact
1256 pursuant to subsection (7) does not diminish or otherwise alter
1257 any credits for a development order exaction or fee as against
1258 impact fees, mobility fees, or exactions when such credits are
1259 based upon the developer’s contribution of land or a public
1260 facility or the construction, expansion, or payment for land
1261 acquisition or construction or expansion of a public facility,
1262 or a portion thereof If the development order requires the
1263 developer to contribute land or a public facility or construct,
1264 expand, or pay for land acquisition or construction or expansion
1265 of a public facility, or portion thereof, and the developer is
1266 also subject by local ordinance to impact fees or exactions to
1267 meet the same needs, the local government shall establish and
1268 implement a procedure that credits a development order exaction
1269 or fee toward an impact fee or exaction imposed by local
1270 ordinance for the same need; however, if the Florida Land and
1271 Water Adjudicatory Commission imposes any additional
1272 requirement, the local government shall not be required to grant
1273 a credit toward the local exaction or impact fee unless the
1274 local government determines that such required contribution,
1275 payment, or construction meets the same need that the local
1276 exaction or impact fee would address. The nongovernmental
1277 developer need not be required, by virtue of this credit, to
1278 competitively bid or negotiate any part of the construction or
1279 design of the facility, unless otherwise requested by the local
1280 government.
1281 (b) If the local government imposes or increases an impact
1282 fee, mobility fee, or exaction by local ordinance after a
1283 development order has been issued, the developer may petition
1284 the local government, and the local government shall modify the
1285 affected provisions of the development order to give the
1286 developer credit for any contribution of land for a public
1287 facility, or construction, expansion, or contribution of funds
1288 for land acquisition or construction or expansion of a public
1289 facility, or a portion thereof, required by the development
1290 order toward an impact fee or exaction for the same need.
1291 (c) Any The local government and the developer may enter
1292 into capital contribution front-ending agreement entered into by
1293 a local government and a developer which is still in effect as
1294 of the effective date of this act agreements as part of a
1295 development-of-regional-impact development order to reimburse
1296 the developer, or the developer’s successor, for voluntary
1297 contributions paid in excess of his or her fair share remains
1298 valid.
1299 (d) This subsection does not apply to internal, onsite
1300 facilities required by local regulations or to any offsite
1301 facilities to the extent that such facilities are necessary to
1302 provide safe and adequate services to the development.
1303 (17) LOCAL MONITORING.—The local government issuing the
1304 development order is primarily responsible for monitoring the
1305 development and enforcing the provisions of the development
1306 order. Local governments shall not issue any permits or
1307 approvals or provide any extensions of services if the developer
1308 fails to act in substantial compliance with the development
1309 order.
1310 (6)(18) BIENNIAL REPORTS.—Notwithstanding any condition in
1311 a development order for an approved development of regional
1312 impact, the developer is not required to shall submit an annual
1313 or a biennial report on the development of regional impact to
1314 the local government, the regional planning agency, the state
1315 land planning agency, and all affected permit agencies in
1316 alternate years on the date specified in the development order,
1317 unless required to do so by the local government that has
1318 jurisdiction over the development. The penalty for failure to
1319 file such a required report is as prescribed by the local
1320 government development order by its terms requires more frequent
1321 monitoring. If the report is not received, the state land
1322 planning agency shall notify the local government. If the local
1323 government does not receive the report or receives notification
1324 that the state land planning agency has not received the report,
1325 the local government shall request in writing that the developer
1326 submit the report within 30 days. The failure to submit the
1327 report after 30 days shall result in the temporary suspension of
1328 the development order by the local government. If no additional
1329 development pursuant to the development order has occurred since
1330 the submission of the previous report, then a letter from the
1331 developer stating that no development has occurred shall satisfy
1332 the requirement for a report. Development orders that require
1333 annual reports may be amended to require biennial reports at the
1334 option of the local government.
1335 (7)(19) CHANGES SUBSTANTIAL DEVIATIONS.—
1336 (a) Notwithstanding any provision to the contrary in any
1337 development order, agreement, local comprehensive plan, or local
1338 land development regulation, any proposed change to a previously
1339 approved development of regional impact shall be reviewed by the
1340 local government based on the standards and procedures in its
1341 adopted local comprehensive plan and adopted local land
1342 development regulations, including, but not limited to,
1343 procedures for notice to the applicant and the public regarding
1344 the issuance of development orders. At least one public hearing
1345 must be held on the application for change, and any change must
1346 be approved by the local governing body before it becomes
1347 effective. The review must abide by any prior agreements or
1348 other actions vesting the laws and policies governing the
1349 development. Development within the previously approved
1350 development of regional impact may continue, as approved, during
1351 the review in portions of the development which are not directly
1352 affected by the proposed change which creates a reasonable
1353 likelihood of additional regional impact, or any type of
1354 regional impact created by the change not previously reviewed by
1355 the regional planning agency, shall constitute a substantial
1356 deviation and shall cause the proposed change to be subject to
1357 further development-of-regional-impact review. There are a
1358 variety of reasons why a developer may wish to propose changes
1359 to an approved development of regional impact, including changed
1360 market conditions. The procedures set forth in this subsection
1361 are for that purpose.
1362 (b) The local government shall either adopt an amendment to
1363 the development order that approves the application, with or
1364 without conditions, or deny the application for the proposed
1365 change. Any new conditions in the amendment to the development
1366 order issued by the local government may address only those
1367 impacts directly created by the proposed change, and must be
1368 consistent with s. 163.3180(5), the adopted comprehensive plan,
1369 and adopted land development regulations. Changes to a phase
1370 date, buildout date, expiration date, or termination date may
1371 also extend any required mitigation associated with a phased
1372 construction project so that mitigation takes place in the same
1373 timeframe relative to the impacts as approved Any proposed
1374 change to a previously approved development of regional impact
1375 or development order condition which, either individually or
1376 cumulatively with other changes, exceeds any of the criteria in
1377 subparagraphs 1.-11. constitutes a substantial deviation and
1378 shall cause the development to be subject to further
1379 development-of-regional-impact review through the notice of
1380 proposed change process under this section.
1381 1. An increase in the number of parking spaces at an
1382 attraction or recreational facility by 15 percent or 500 spaces,
1383 whichever is greater, or an increase in the number of spectators
1384 that may be accommodated at such a facility by 15 percent or
1385 1,500 spectators, whichever is greater.
1386 2. A new runway, a new terminal facility, a 25 percent
1387 lengthening of an existing runway, or a 25 percent increase in
1388 the number of gates of an existing terminal, but only if the
1389 increase adds at least three additional gates.
1390 3. An increase in land area for office development by 15
1391 percent or an increase of gross floor area of office development
1392 by 15 percent or 100,000 gross square feet, whichever is
1393 greater.
1394 4. An increase in the number of dwelling units by 10
1395 percent or 55 dwelling units, whichever is greater.
1396 5. An increase in the number of dwelling units by 50
1397 percent or 200 units, whichever is greater, provided that 15
1398 percent of the proposed additional dwelling units are dedicated
1399 to affordable workforce housing, subject to a recorded land use
1400 restriction that shall be for a period of not less than 20 years
1401 and that includes resale provisions to ensure long-term
1402 affordability for income-eligible homeowners and renters and
1403 provisions for the workforce housing to be commenced before the
1404 completion of 50 percent of the market rate dwelling. For
1405 purposes of this subparagraph, the term “affordable workforce
1406 housing” means housing that is affordable to a person who earns
1407 less than 120 percent of the area median income, or less than
1408 140 percent of the area median income if located in a county in
1409 which the median purchase price for a single-family existing
1410 home exceeds the statewide median purchase price of a single
1411 family existing home. For purposes of this subparagraph, the
1412 term “statewide median purchase price of a single-family
1413 existing home” means the statewide purchase price as determined
1414 in the Florida Sales Report, Single-Family Existing Homes,
1415 released each January by the Florida Association of Realtors and
1416 the University of Florida Real Estate Research Center.
1417 6. An increase in commercial development by 60,000 square
1418 feet of gross floor area or of parking spaces provided for
1419 customers for 425 cars or a 10 percent increase, whichever is
1420 greater.
1421 7. An increase in a recreational vehicle park area by 10
1422 percent or 110 vehicle spaces, whichever is less.
1423 8. A decrease in the area set aside for open space of 5
1424 percent or 20 acres, whichever is less.
1425 9. A proposed increase to an approved multiuse development
1426 of regional impact where the sum of the increases of each land
1427 use as a percentage of the applicable substantial deviation
1428 criteria is equal to or exceeds 110 percent. The percentage of
1429 any decrease in the amount of open space shall be treated as an
1430 increase for purposes of determining when 110 percent has been
1431 reached or exceeded.
1432 10. A 15 percent increase in the number of external vehicle
1433 trips generated by the development above that which was
1434 projected during the original development-of-regional-impact
1435 review.
1436 11. Any change that would result in development of any area
1437 which was specifically set aside in the application for
1438 development approval or in the development order for
1439 preservation or special protection of endangered or threatened
1440 plants or animals designated as endangered, threatened, or
1441 species of special concern and their habitat, any species
1442 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1443 archaeological and historical sites designated as significant by
1444 the Division of Historical Resources of the Department of State.
1445 The refinement of the boundaries and configuration of such areas
1446 shall be considered under sub-subparagraph (e)2.j.
1447
1448 The substantial deviation numerical standards in subparagraphs
1449 3., 6., and 9., excluding residential uses, and in subparagraph
1450 10., are increased by 100 percent for a project certified under
1451 s. 403.973 which creates jobs and meets criteria established by
1452 the Department of Economic Opportunity as to its impact on an
1453 area’s economy, employment, and prevailing wage and skill
1454 levels. The substantial deviation numerical standards in
1455 subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
1456 percent for a project located wholly within an urban infill and
1457 redevelopment area designated on the applicable adopted local
1458 comprehensive plan future land use map and not located within
1459 the coastal high hazard area.
1460 (c) This section is not intended to alter or otherwise
1461 limit the extension, previously granted by statute, of a
1462 commencement, buildout, phase, termination, or expiration date
1463 in any development order for an approved development of regional
1464 impact and any corresponding modification of a related permit or
1465 agreement. Any such extension is not subject to review or
1466 modification in any future amendment to a development order
1467 pursuant to the adopted local comprehensive plan and adopted
1468 local land development regulations An extension of the date of
1469 buildout of a development, or any phase thereof, by more than 7
1470 years is presumed to create a substantial deviation subject to
1471 further development-of-regional-impact review.
1472 1. An extension of the date of buildout, or any phase
1473 thereof, of more than 5 years but not more than 7 years is
1474 presumed not to create a substantial deviation. The extension of
1475 the date of buildout of an areawide development of regional
1476 impact by more than 5 years but less than 10 years is presumed
1477 not to create a substantial deviation. These presumptions may be
1478 rebutted by clear and convincing evidence at the public hearing
1479 held by the local government. An extension of 5 years or less is
1480 not a substantial deviation.
1481 2. In recognition of the 2011 real estate market
1482 conditions, at the option of the developer, all commencement,
1483 phase, buildout, and expiration dates for projects that are
1484 currently valid developments of regional impact are extended for
1485 4 years regardless of any previous extension. Associated
1486 mitigation requirements are extended for the same period unless,
1487 before December 1, 2011, a governmental entity notifies a
1488 developer that has commenced any construction within the phase
1489 for which the mitigation is required that the local government
1490 has entered into a contract for construction of a facility with
1491 funds to be provided from the development’s mitigation funds for
1492 that phase as specified in the development order or written
1493 agreement with the developer. The 4-year extension is not a
1494 substantial deviation, is not subject to further development-of
1495 regional-impact review, and may not be considered when
1496 determining whether a subsequent extension is a substantial
1497 deviation under this subsection. The developer must notify the
1498 local government in writing by December 31, 2011, in order to
1499 receive the 4-year extension.
1500
1501 For the purpose of calculating when a buildout or phase date has
1502 been exceeded, the time shall be tolled during the pendency of
1503 administrative or judicial proceedings relating to development
1504 permits. Any extension of the buildout date of a project or a
1505 phase thereof shall automatically extend the commencement date
1506 of the project, the termination date of the development order,
1507 the expiration date of the development of regional impact, and
1508 the phases thereof if applicable by a like period of time.
1509 (d) A change in the plan of development of an approved
1510 development of regional impact resulting from requirements
1511 imposed by the Department of Environmental Protection or any
1512 water management district created by s. 373.069 or any of their
1513 successor agencies or by any appropriate federal regulatory
1514 agency shall be submitted to the local government pursuant to
1515 this subsection. The change shall be presumed not to create a
1516 substantial deviation subject to further development-of
1517 regional-impact review. The presumption may be rebutted by clear
1518 and convincing evidence at the public hearing held by the local
1519 government.
1520 (e)1. Except for a development order rendered pursuant to
1521 subsection (22) or subsection (25), a proposed change to a
1522 development order which individually or cumulatively with any
1523 previous change is less than any numerical criterion contained
1524 in subparagraphs (b)1.-10. and does not exceed any other
1525 criterion, or which involves an extension of the buildout date
1526 of a development, or any phase thereof, of less than 5 years is
1527 not subject to the public hearing requirements of subparagraph
1528 (f)3., and is not subject to a determination pursuant to
1529 subparagraph (f)5. Notice of the proposed change shall be made
1530 to the regional planning council and the state land planning
1531 agency. Such notice must include a description of previous
1532 individual changes made to the development, including changes
1533 previously approved by the local government, and must include
1534 appropriate amendments to the development order.
1535 2. The following changes, individually or cumulatively with
1536 any previous changes, are not substantial deviations:
1537 a. Changes in the name of the project, developer, owner, or
1538 monitoring official.
1539 b. Changes to a setback which do not affect noise buffers,
1540 environmental protection or mitigation areas, or archaeological
1541 or historical resources.
1542 c. Changes to minimum lot sizes.
1543 d. Changes in the configuration of internal roads which do
1544 not affect external access points.
1545 e. Changes to the building design or orientation which stay
1546 approximately within the approved area designated for such
1547 building and parking lot, and which do not affect historical
1548 buildings designated as significant by the Division of
1549 Historical Resources of the Department of State.
1550 f. Changes to increase the acreage in the development, if
1551 no development is proposed on the acreage to be added.
1552 g. Changes to eliminate an approved land use, if there are
1553 no additional regional impacts.
1554 h. Changes required to conform to permits approved by any
1555 federal, state, or regional permitting agency, if these changes
1556 do not create additional regional impacts.
1557 i. Any renovation or redevelopment of development within a
1558 previously approved development of regional impact which does
1559 not change land use or increase density or intensity of use.
1560 j. Changes that modify boundaries and configuration of
1561 areas described in subparagraph (b)11. due to science-based
1562 refinement of such areas by survey, by habitat evaluation, by
1563 other recognized assessment methodology, or by an environmental
1564 assessment. In order for changes to qualify under this sub
1565 subparagraph, the survey, habitat evaluation, or assessment must
1566 occur before the time that a conservation easement protecting
1567 such lands is recorded and must not result in any net decrease
1568 in the total acreage of the lands specifically set aside for
1569 permanent preservation in the final development order.
1570 k. Changes that do not increase the number of external peak
1571 hour trips and do not reduce open space and conserved areas
1572 within the project except as otherwise permitted by sub
1573 subparagraph j.
1574 l. A phase date extension, if the state land planning
1575 agency, in consultation with the regional planning council and
1576 subject to the written concurrence of the Department of
1577 Transportation, agrees that the traffic impact is not
1578 significant and adverse under applicable state agency rules.
1579 m. Any other change that the state land planning agency, in
1580 consultation with the regional planning council, agrees in
1581 writing is similar in nature, impact, or character to the
1582 changes enumerated in sub-subparagraphs a.-l. and that does not
1583 create the likelihood of any additional regional impact.
1584
1585 This subsection does not require the filing of a notice of
1586 proposed change but requires an application to the local
1587 government to amend the development order in accordance with the
1588 local government’s procedures for amendment of a development
1589 order. In accordance with the local government’s procedures,
1590 including requirements for notice to the applicant and the
1591 public, the local government shall either deny the application
1592 for amendment or adopt an amendment to the development order
1593 which approves the application with or without conditions.
1594 Following adoption, the local government shall render to the
1595 state land planning agency the amendment to the development
1596 order. The state land planning agency may appeal, pursuant to s.
1597 380.07(3), the amendment to the development order if the
1598 amendment involves sub-subparagraph g., sub-subparagraph h.,
1599 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
1600 and if the agency believes that the change creates a reasonable
1601 likelihood of new or additional regional impacts.
1602 3. Except for the change authorized by sub-subparagraph
1603 2.f., any addition of land not previously reviewed or any change
1604 not specified in paragraph (b) or paragraph (c) shall be
1605 presumed to create a substantial deviation. This presumption may
1606 be rebutted by clear and convincing evidence.
1607 4. Any submittal of a proposed change to a previously
1608 approved development must include a description of individual
1609 changes previously made to the development, including changes
1610 previously approved by the local government. The local
1611 government shall consider the previous and current proposed
1612 changes in deciding whether such changes cumulatively constitute
1613 a substantial deviation requiring further development-of
1614 regional-impact review.
1615 5. The following changes to an approved development of
1616 regional impact shall be presumed to create a substantial
1617 deviation. Such presumption may be rebutted by clear and
1618 convincing evidence:
1619 a. A change proposed for 15 percent or more of the acreage
1620 to a land use not previously approved in the development order.
1621 Changes of less than 15 percent shall be presumed not to create
1622 a substantial deviation.
1623 b. Notwithstanding any provision of paragraph (b) to the
1624 contrary, a proposed change consisting of simultaneous increases
1625 and decreases of at least two of the uses within an authorized
1626 multiuse development of regional impact which was originally
1627 approved with three or more uses specified in s. 380.0651(3)(c)
1628 and (d) and residential use.
1629 6. If a local government agrees to a proposed change, a
1630 change in the transportation proportionate share calculation and
1631 mitigation plan in an adopted development order as a result of
1632 recalculation of the proportionate share contribution meeting
1633 the requirements of s. 163.3180(5)(h) in effect as of the date
1634 of such change shall be presumed not to create a substantial
1635 deviation. For purposes of this subsection, the proposed change
1636 in the proportionate share calculation or mitigation plan may
1637 not be considered an additional regional transportation impact.
1638 (f)1. The state land planning agency shall establish by
1639 rule standard forms for submittal of proposed changes to a
1640 previously approved development of regional impact which may
1641 require further development-of-regional-impact review. At a
1642 minimum, the standard form shall require the developer to
1643 provide the precise language that the developer proposes to
1644 delete or add as an amendment to the development order.
1645 2. The developer shall submit, simultaneously, to the local
1646 government, the regional planning agency, and the state land
1647 planning agency the request for approval of a proposed change.
1648 3. No sooner than 30 days but no later than 45 days after
1649 submittal by the developer to the local government, the state
1650 land planning agency, and the appropriate regional planning
1651 agency, the local government shall give 15 days’ notice and
1652 schedule a public hearing to consider the change that the
1653 developer asserts does not create a substantial deviation. This
1654 public hearing shall be held within 60 days after submittal of
1655 the proposed changes, unless that time is extended by the
1656 developer.
1657 4. The appropriate regional planning agency or the state
1658 land planning agency shall review the proposed change and, no
1659 later than 45 days after submittal by the developer of the
1660 proposed change, unless that time is extended by the developer,
1661 and prior to the public hearing at which the proposed change is
1662 to be considered, shall advise the local government in writing
1663 whether it objects to the proposed change, shall specify the
1664 reasons for its objection, if any, and shall provide a copy to
1665 the developer.
1666 5. At the public hearing, the local government shall
1667 determine whether the proposed change requires further
1668 development-of-regional-impact review. The provisions of
1669 paragraphs (a) and (e), the thresholds set forth in paragraph
1670 (b), and the presumptions set forth in paragraphs (c) and (d)
1671 and subparagraph (e)3. shall be applicable in determining
1672 whether further development-of-regional-impact review is
1673 required. The local government may also deny the proposed change
1674 based on matters relating to local issues, such as if the land
1675 on which the change is sought is plat restricted in a way that
1676 would be incompatible with the proposed change, and the local
1677 government does not wish to change the plat restriction as part
1678 of the proposed change.
1679 6. If the local government determines that the proposed
1680 change does not require further development-of-regional-impact
1681 review and is otherwise approved, or if the proposed change is
1682 not subject to a hearing and determination pursuant to
1683 subparagraphs 3. and 5. and is otherwise approved, the local
1684 government shall issue an amendment to the development order
1685 incorporating the approved change and conditions of approval
1686 relating to the change. The requirement that a change be
1687 otherwise approved shall not be construed to require additional
1688 local review or approval if the change is allowed by applicable
1689 local ordinances without further local review or approval. The
1690 decision of the local government to approve, with or without
1691 conditions, or to deny the proposed change that the developer
1692 asserts does not require further review shall be subject to the
1693 appeal provisions of s. 380.07. However, the state land planning
1694 agency may not appeal the local government decision if it did
1695 not comply with subparagraph 4. The state land planning agency
1696 may not appeal a change to a development order made pursuant to
1697 subparagraph (e)1. or subparagraph (e)2. for developments of
1698 regional impact approved after January 1, 1980, unless the
1699 change would result in a significant impact to a regionally
1700 significant archaeological, historical, or natural resource not
1701 previously identified in the original development-of-regional
1702 impact review.
1703 (g) If a proposed change requires further development-of
1704 regional-impact review pursuant to this section, the review
1705 shall be conducted subject to the following additional
1706 conditions:
1707 1. The development-of-regional-impact review conducted by
1708 the appropriate regional planning agency shall address only
1709 those issues raised by the proposed change except as provided in
1710 subparagraph 2.
1711 2. The regional planning agency shall consider, and the
1712 local government shall determine whether to approve, approve
1713 with conditions, or deny the proposed change as it relates to
1714 the entire development. If the local government determines that
1715 the proposed change, as it relates to the entire development, is
1716 unacceptable, the local government shall deny the change.
1717 3. If the local government determines that the proposed
1718 change should be approved, any new conditions in the amendment
1719 to the development order issued by the local government shall
1720 address only those issues raised by the proposed change and
1721 require mitigation only for the individual and cumulative
1722 impacts of the proposed change.
1723 4. Development within the previously approved development
1724 of regional impact may continue, as approved, during the
1725 development-of-regional-impact review in those portions of the
1726 development which are not directly affected by the proposed
1727 change.
1728 (h) When further development-of-regional-impact review is
1729 required because a substantial deviation has been determined or
1730 admitted by the developer, the amendment to the development
1731 order issued by the local government shall be consistent with
1732 the requirements of subsection (15) and shall be subject to the
1733 hearing and appeal provisions of s. 380.07. The state land
1734 planning agency or the appropriate regional planning agency need
1735 not participate at the local hearing in order to appeal a local
1736 government development order issued pursuant to this paragraph.
1737 (i) An increase in the number of residential dwelling units
1738 shall not constitute a substantial deviation and shall not be
1739 subject to development-of-regional-impact review for additional
1740 impacts, provided that all the residential dwelling units are
1741 dedicated to affordable workforce housing and the total number
1742 of new residential units does not exceed 200 percent of the
1743 substantial deviation threshold. The affordable workforce
1744 housing shall be subject to a recorded land use restriction that
1745 shall be for a period of not less than 20 years and that
1746 includes resale provisions to ensure long-term affordability for
1747 income-eligible homeowners and renters. For purposes of this
1748 paragraph, the term “affordable workforce housing” means housing
1749 that is affordable to a person who earns less than 120 percent
1750 of the area median income, or less than 140 percent of the area
1751 median income if located in a county in which the median
1752 purchase price for a single-family existing home exceeds the
1753 statewide median purchase price of a single-family existing
1754 home. For purposes of this paragraph, the term “statewide median
1755 purchase price of a single-family existing home” means the
1756 statewide purchase price as determined in the Florida Sales
1757 Report, Single-Family Existing Homes, released each January by
1758 the Florida Association of Realtors and the University of
1759 Florida Real Estate Research Center.
1760 (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
1761 or modify the rights of any person to complete any development
1762 that was authorized by registration of a subdivision pursuant to
1763 former chapter 498, by recordation pursuant to local subdivision
1764 plat law, or by a building permit or other authorization to
1765 commence development on which there has been reliance and a
1766 change of position and which registration or recordation was
1767 accomplished, or which permit or authorization was issued, prior
1768 to July 1, 1973. If a developer has, by his or her actions in
1769 reliance on prior regulations, obtained vested or other legal
1770 rights that in law would have prevented a local government from
1771 changing those regulations in a way adverse to the developer’s
1772 interests, nothing in this chapter authorizes any governmental
1773 agency to abridge those rights.
1774 (a) For the purpose of determining the vesting of rights
1775 under this subsection, approval pursuant to local subdivision
1776 plat law, ordinances, or regulations of a subdivision plat by
1777 formal vote of a county or municipal governmental body having
1778 jurisdiction after August 1, 1967, and prior to July 1, 1973, is
1779 sufficient to vest all property rights for the purposes of this
1780 subsection; and no action in reliance on, or change of position
1781 concerning, such local governmental approval is required for
1782 vesting to take place. Anyone claiming vested rights under this
1783 paragraph must notify the department in writing by January 1,
1784 1986. Such notification shall include information adequate to
1785 document the rights established by this subsection. When such
1786 notification requirements are met, in order for the vested
1787 rights authorized pursuant to this paragraph to remain valid
1788 after June 30, 1990, development of the vested plan must be
1789 commenced prior to that date upon the property that the state
1790 land planning agency has determined to have acquired vested
1791 rights following the notification or in a binding letter of
1792 interpretation. When the notification requirements have not been
1793 met, the vested rights authorized by this paragraph shall expire
1794 June 30, 1986, unless development commenced prior to that date.
1795 (b) For the purpose of this act, the conveyance of, or the
1796 agreement to convey, property to the county, state, or local
1797 government as a prerequisite to zoning change approval shall be
1798 construed as an act of reliance to vest rights as determined
1799 under this subsection, provided such zoning change is actually
1800 granted by such government.
1801 (9)(21) VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
1802 DEVELOPMENT ORDER.—
1803 (a) Any agreement previously entered into by a developer, a
1804 regional planning agency, and a local government regarding If a
1805 development project that includes two or more developments of
1806 regional impact and was the subject of, a developer may file a
1807 comprehensive development-of-regional-impact application remains
1808 valid unless it expired on or before the effective date of this
1809 act.
1810 (b) If a proposed development is planned for development
1811 over an extended period of time, the developer may file an
1812 application for master development approval of the project and
1813 agree to present subsequent increments of the development for
1814 preconstruction review. This agreement shall be entered into by
1815 the developer, the regional planning agency, and the appropriate
1816 local government having jurisdiction. The provisions of
1817 subsection (9) do not apply to this subsection, except that a
1818 developer may elect to utilize the review process established in
1819 subsection (9) for review of the increments of a master plan.
1820 1. Prior to adoption of the master plan development order,
1821 the developer, the landowner, the appropriate regional planning
1822 agency, and the local government having jurisdiction shall
1823 review the draft of the development order to ensure that
1824 anticipated regional impacts have been adequately addressed and
1825 that information requirements for subsequent incremental
1826 application review are clearly defined. The development order
1827 for a master application shall specify the information which
1828 must be submitted with an incremental application and shall
1829 identify those issues which can result in the denial of an
1830 incremental application.
1831 2. The review of subsequent incremental applications shall
1832 be limited to that information specifically required and those
1833 issues specifically raised by the master development order,
1834 unless substantial changes in the conditions underlying the
1835 approval of the master plan development order are demonstrated
1836 or the master development order is shown to have been based on
1837 substantially inaccurate information.
1838 (c) The state land planning agency, by rule, shall
1839 establish uniform procedures to implement this subsection.
1840 (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
1841 (a) A downtown development authority may submit a
1842 development-of-regional-impact application for development
1843 approval pursuant to this section. The area described in the
1844 application may consist of any or all of the land over which a
1845 downtown development authority has the power described in s.
1846 380.031(5). For the purposes of this subsection, a downtown
1847 development authority shall be considered the developer whether
1848 or not the development will be undertaken by the downtown
1849 development authority.
1850 (b) In addition to information required by the development
1851 of-regional-impact application, the application for development
1852 approval submitted by a downtown development authority shall
1853 specify the total amount of development planned for each land
1854 use category. In addition to the requirements of subsection
1855 (15), the development order shall specify the amount of
1856 development approved within each land use category. Development
1857 undertaken in conformance with a development order issued under
1858 this section does not require further review.
1859 (c) If a development is proposed within the area of a
1860 downtown development plan approved pursuant to this section
1861 which would result in development in excess of the amount
1862 specified in the development order for that type of activity,
1863 changes shall be subject to the provisions of subsection (19),
1864 except that the percentages and numerical criteria shall be
1865 double those listed in paragraph (19)(b).
1866 (d) The provisions of subsection (9) do not apply to this
1867 subsection.
1868 (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
1869 (a) The state land planning agency shall adopt rules to
1870 ensure uniform review of developments of regional impact by the
1871 state land planning agency and regional planning agencies under
1872 this section. These rules shall be adopted pursuant to chapter
1873 120 and shall include all forms, application content, and review
1874 guidelines necessary to implement development-of-regional-impact
1875 reviews. The state land planning agency, in consultation with
1876 the regional planning agencies, may also designate types of
1877 development or areas suitable for development in which reduced
1878 information requirements for development-of-regional-impact
1879 review shall apply.
1880 (b) Regional planning agencies shall be subject to rules
1881 adopted by the state land planning agency. At the request of a
1882 regional planning council, the state land planning agency may
1883 adopt by rule different standards for a specific comprehensive
1884 planning district upon a finding that the statewide standard is
1885 inadequate to protect or promote the regional interest at issue.
1886 If such a regional standard is adopted by the state land
1887 planning agency, the regional standard shall be applied to all
1888 pertinent development-of-regional-impact reviews conducted in
1889 that region until rescinded.
1890 (c) Within 6 months of the effective date of this section,
1891 the state land planning agency shall adopt rules which:
1892 1. Establish uniform statewide standards for development
1893 of-regional-impact review.
1894 2. Establish a short application for development approval
1895 form which eliminates issues and questions for any project in a
1896 jurisdiction with an adopted local comprehensive plan that is in
1897 compliance.
1898 (d) Regional planning agencies that perform development-of
1899 regional-impact and Florida Quality Development review are
1900 authorized to assess and collect fees to fund the costs, direct
1901 and indirect, of conducting the review process. The state land
1902 planning agency shall adopt rules to provide uniform criteria
1903 for the assessment and collection of such fees. The rules
1904 providing uniform criteria shall not be subject to rule
1905 challenge under s. 120.56(2) or to drawout proceedings under s.
1906 120.54(3)(c)2., but, once adopted, shall be subject to an
1907 invalidity challenge under s. 120.56(3) by substantially
1908 affected persons. Until the state land planning agency adopts a
1909 rule implementing this paragraph, rules of the regional planning
1910 councils currently in effect regarding fees shall remain in
1911 effect. Fees may vary in relation to the type and size of a
1912 proposed project, but shall not exceed $75,000, unless the state
1913 land planning agency, after reviewing any disputed expenses
1914 charged by the regional planning agency, determines that said
1915 expenses were reasonable and necessary for an adequate regional
1916 review of the impacts of a project.
1917 (24) STATUTORY EXEMPTIONS.—
1918 (a) Any proposed hospital is exempt from this section.
1919 (b) Any proposed electrical transmission line or electrical
1920 power plant is exempt from this section.
1921 (c) Any proposed addition to an existing sports facility
1922 complex is exempt from this section if the addition meets the
1923 following characteristics:
1924 1. It would not operate concurrently with the scheduled
1925 hours of operation of the existing facility.
1926 2. Its seating capacity would be no more than 75 percent of
1927 the capacity of the existing facility.
1928 3. The sports facility complex property is owned by a
1929 public body before July 1, 1983.
1930
1931 This exemption does not apply to any pari-mutuel facility.
1932 (d) Any proposed addition or cumulative additions
1933 subsequent to July 1, 1988, to an existing sports facility
1934 complex owned by a state university is exempt if the increased
1935 seating capacity of the complex is no more than 30 percent of
1936 the capacity of the existing facility.
1937 (e) Any addition of permanent seats or parking spaces for
1938 an existing sports facility located on property owned by a
1939 public body before July 1, 1973, is exempt from this section if
1940 future additions do not expand existing permanent seating or
1941 parking capacity more than 15 percent annually in excess of the
1942 prior year’s capacity.
1943 (f) Any increase in the seating capacity of an existing
1944 sports facility having a permanent seating capacity of at least
1945 50,000 spectators is exempt from this section, provided that
1946 such an increase does not increase permanent seating capacity by
1947 more than 5 percent per year and not to exceed a total of 10
1948 percent in any 5-year period, and provided that the sports
1949 facility notifies the appropriate local government within which
1950 the facility is located of the increase at least 6 months before
1951 the initial use of the increased seating, in order to permit the
1952 appropriate local government to develop a traffic management
1953 plan for the traffic generated by the increase. Any traffic
1954 management plan shall be consistent with the local comprehensive
1955 plan, the regional policy plan, and the state comprehensive
1956 plan.
1957 (g) Any expansion in the permanent seating capacity or
1958 additional improved parking facilities of an existing sports
1959 facility is exempt from this section, if the following
1960 conditions exist:
1961 1.a. The sports facility had a permanent seating capacity
1962 on January 1, 1991, of at least 41,000 spectator seats;
1963 b. The sum of such expansions in permanent seating capacity
1964 does not exceed a total of 10 percent in any 5-year period and
1965 does not exceed a cumulative total of 20 percent for any such
1966 expansions; or
1967 c. The increase in additional improved parking facilities
1968 is a one-time addition and does not exceed 3,500 parking spaces
1969 serving the sports facility; and
1970 2. The local government having jurisdiction of the sports
1971 facility includes in the development order or development permit
1972 approving such expansion under this paragraph a finding of fact
1973 that the proposed expansion is consistent with the
1974 transportation, water, sewer and stormwater drainage provisions
1975 of the approved local comprehensive plan and local land
1976 development regulations relating to those provisions.
1977
1978 Any owner or developer who intends to rely on this statutory
1979 exemption shall provide to the department a copy of the local
1980 government application for a development permit. Within 45 days
1981 after receipt of the application, the department shall render to
1982 the local government an advisory and nonbinding opinion, in
1983 writing, stating whether, in the department’s opinion, the
1984 prescribed conditions exist for an exemption under this
1985 paragraph. The local government shall render the development
1986 order approving each such expansion to the department. The
1987 owner, developer, or department may appeal the local government
1988 development order pursuant to s. 380.07, within 45 days after
1989 the order is rendered. The scope of review shall be limited to
1990 the determination of whether the conditions prescribed in this
1991 paragraph exist. If any sports facility expansion undergoes
1992 development-of-regional-impact review, all previous expansions
1993 which were exempt under this paragraph shall be included in the
1994 development-of-regional-impact review.
1995 (h) Expansion to port harbors, spoil disposal sites,
1996 navigation channels, turning basins, harbor berths, and other
1997 related inwater harbor facilities of ports listed in s.
1998 403.021(9)(b), port transportation facilities and projects
1999 listed in s. 311.07(3)(b), and intermodal transportation
2000 facilities identified pursuant to s. 311.09(3) are exempt from
2001 this section when such expansions, projects, or facilities are
2002 consistent with comprehensive master plans that are in
2003 compliance with s. 163.3178.
2004 (i) Any proposed facility for the storage of any petroleum
2005 product or any expansion of an existing facility is exempt from
2006 this section.
2007 (j) Any renovation or redevelopment within the same land
2008 parcel which does not change land use or increase density or
2009 intensity of use.
2010 (k) Waterport and marina development, including dry storage
2011 facilities, are exempt from this section.
2012 (l) Any proposed development within an urban service
2013 boundary established under s. 163.3177(14), Florida Statutes
2014 (2010), which is not otherwise exempt pursuant to subsection
2015 (29), is exempt from this section if the local government having
2016 jurisdiction over the area where the development is proposed has
2017 adopted the urban service boundary and has entered into a
2018 binding agreement with jurisdictions that would be impacted and
2019 with the Department of Transportation regarding the mitigation
2020 of impacts on state and regional transportation facilities.
2021 (m) Any proposed development within a rural land
2022 stewardship area created under s. 163.3248.
2023 (n) The establishment, relocation, or expansion of any
2024 military installation as defined in s. 163.3175, is exempt from
2025 this section.
2026 (o) Any self-storage warehousing that does not allow retail
2027 or other services is exempt from this section.
2028 (p) Any proposed nursing home or assisted living facility
2029 is exempt from this section.
2030 (q) Any development identified in an airport master plan
2031 and adopted into the comprehensive plan pursuant to s.
2032 163.3177(6)(b)4. is exempt from this section.
2033 (r) Any development identified in a campus master plan and
2034 adopted pursuant to s. 1013.30 is exempt from this section.
2035 (s) Any development in a detailed specific area plan which
2036 is prepared and adopted pursuant to s. 163.3245 is exempt from
2037 this section.
2038 (t) Any proposed solid mineral mine and any proposed
2039 addition to, expansion of, or change to an existing solid
2040 mineral mine is exempt from this section. A mine owner will
2041 enter into a binding agreement with the Department of
2042 Transportation to mitigate impacts to strategic intermodal
2043 system facilities pursuant to the transportation thresholds in
2044 subsection (19) or rule 9J-2.045(6), Florida Administrative
2045 Code. Proposed changes to any previously approved solid mineral
2046 mine development-of-regional-impact development orders having
2047 vested rights are is not subject to further review or approval
2048 as a development-of-regional-impact or notice-of-proposed-change
2049 review or approval pursuant to subsection (19), except for those
2050 applications pending as of July 1, 2011, which shall be governed
2051 by s. 380.115(2). Notwithstanding the foregoing, however,
2052 pursuant to s. 380.115(1), previously approved solid mineral
2053 mine development-of-regional-impact development orders shall
2054 continue to enjoy vested rights and continue to be effective
2055 unless rescinded by the developer. All local government
2056 regulations of proposed solid mineral mines shall be applicable
2057 to any new solid mineral mine or to any proposed addition to,
2058 expansion of, or change to an existing solid mineral mine.
2059 (u) Notwithstanding any provisions in an agreement with or
2060 among a local government, regional agency, or the state land
2061 planning agency or in a local government’s comprehensive plan to
2062 the contrary, a project no longer subject to development-of
2063 regional-impact review under revised thresholds is not required
2064 to undergo such review.
2065 (v) Any development within a county with a research and
2066 education authority created by special act and that is also
2067 within a research and development park that is operated or
2068 managed by a research and development authority pursuant to part
2069 V of chapter 159 is exempt from this section.
2070 (w) Any development in an energy economic zone designated
2071 pursuant to s. 377.809 is exempt from this section upon approval
2072 by its local governing body.
2073 (x) Any proposed development that is located in a local
2074 government jurisdiction that does not qualify for an exemption
2075 based on the population and density criteria in paragraph
2076 (29)(a), that is approved as a comprehensive plan amendment
2077 adopted pursuant to s. 163.3184(4), and that is the subject of
2078 an agreement pursuant to s. 288.106(5) is exempt from this
2079 section. This exemption shall only be effective upon a written
2080 agreement executed by the applicant, the local government, and
2081 the state land planning agency. The state land planning agency
2082 shall only be a party to the agreement upon a determination that
2083 the development is the subject of an agreement pursuant to s.
2084 288.106(5) and that the local government has the capacity to
2085 adequately assess the impacts of the proposed development. The
2086 local government shall only be a party to the agreement upon
2087 approval by the governing body of the local government and upon
2088 providing at least 21 days’ notice to adjacent local governments
2089 that includes, at a minimum, information regarding the location,
2090 density and intensity of use, and timing of the proposed
2091 development. This exemption does not apply to areas within the
2092 boundary of any area of critical state concern designated
2093 pursuant to s. 380.05, within the boundary of the Wekiva Study
2094 Area as described in s. 369.316, or within 2 miles of the
2095 boundary of the Everglades Protection Area as defined in s.
2096 373.4592(2).
2097
2098 If a use is exempt from review as a development of regional
2099 impact under paragraphs (a)-(u), but will be part of a larger
2100 project that is subject to review as a development of regional
2101 impact, the impact of the exempt use must be included in the
2102 review of the larger project, unless such exempt use involves a
2103 development of regional impact that includes a landowner,
2104 tenant, or user that has entered into a funding agreement with
2105 the Department of Economic Opportunity under the Innovation
2106 Incentive Program and the agreement contemplates a state award
2107 of at least $50 million.
2108 (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
2109 (a) Any approval of an authorized developer for may submit
2110 an areawide development of regional impact remains valid unless
2111 it expired on or before the effective date of this act. to be
2112 reviewed pursuant to the procedures and standards set forth in
2113 this section. The areawide development-of-regional-impact review
2114 shall include an areawide development plan in addition to any
2115 other information required under this section. After review and
2116 approval of an areawide development of regional impact under
2117 this section, all development within the defined planning area
2118 shall conform to the approved areawide development plan and
2119 development order. Individual developments that conform to the
2120 approved areawide development plan shall not be required to
2121 undergo further development-of-regional-impact review, unless
2122 otherwise provided in the development order. As used in this
2123 subsection, the term:
2124 1. “Areawide development plan” means a plan of development
2125 that, at a minimum:
2126 a. Encompasses a defined planning area approved pursuant to
2127 this subsection that will include at least two or more
2128 developments;
2129 b. Maps and defines the land uses proposed, including the
2130 amount of development by use and development phasing;
2131 c. Integrates a capital improvements program for
2132 transportation and other public facilities to ensure development
2133 staging contingent on availability of facilities and services;
2134 d. Incorporates land development regulation, covenants, and
2135 other restrictions adequate to protect resources and facilities
2136 of regional and state significance; and
2137 e. Specifies responsibilities and identifies the mechanisms
2138 for carrying out all commitments in the areawide development
2139 plan and for compliance with all conditions of any areawide
2140 development order.
2141 2. “Developer” means any person or association of persons,
2142 including a governmental agency as defined in s. 380.031(6),
2143 that petitions for authorization to file an application for
2144 development approval for an areawide development plan.
2145 (b) A developer may petition for authorization to submit a
2146 proposed areawide development of regional impact for a defined
2147 planning area in accordance with the following requirements:
2148 1. A petition shall be submitted to the local government,
2149 the regional planning agency, and the state land planning
2150 agency.
2151 2. A public hearing or joint public hearing shall be held
2152 if required by paragraph (e), with appropriate notice, before
2153 the affected local government.
2154 3. The state land planning agency shall apply the following
2155 criteria for evaluating a petition:
2156 a. Whether the developer is financially capable of
2157 processing the application for development approval through
2158 final approval pursuant to this section.
2159 b. Whether the defined planning area and anticipated
2160 development therein appear to be of a character, magnitude, and
2161 location that a proposed areawide development plan would be in
2162 the public interest. Any public interest determination under
2163 this criterion is preliminary and not binding on the state land
2164 planning agency, regional planning agency, or local government.
2165 4. The state land planning agency shall develop and make
2166 available standard forms for petitions and applications for
2167 development approval for use under this subsection.
2168 (c) Any person may submit a petition to a local government
2169 having jurisdiction over an area to be developed, requesting
2170 that government to approve that person as a developer, whether
2171 or not any or all development will be undertaken by that person,
2172 and to approve the area as appropriate for an areawide
2173 development of regional impact.
2174 (d) A general purpose local government with jurisdiction
2175 over an area to be considered in an areawide development of
2176 regional impact shall not have to petition itself for
2177 authorization to prepare and consider an application for
2178 development approval for an areawide development plan. However,
2179 such a local government shall initiate the preparation of an
2180 application only:
2181 1. After scheduling and conducting a public hearing as
2182 specified in paragraph (e); and
2183 2. After conducting such hearing, finding that the planning
2184 area meets the standards and criteria pursuant to subparagraph
2185 (b)3. for determining that an areawide development plan will be
2186 in the public interest.
2187 (e) The local government shall schedule a public hearing
2188 within 60 days after receipt of the petition. The public hearing
2189 shall be advertised at least 30 days prior to the hearing. In
2190 addition to the public hearing notice by the local government,
2191 the petitioner, except when the petitioner is a local
2192 government, shall provide actual notice to each person owning
2193 land within the proposed areawide development plan at least 30
2194 days prior to the hearing. If the petitioner is a local
2195 government, or local governments pursuant to an interlocal
2196 agreement, notice of the public hearing shall be provided by the
2197 publication of an advertisement in a newspaper of general
2198 circulation that meets the requirements of this paragraph. The
2199 advertisement must be no less than one-quarter page in a
2200 standard size or tabloid size newspaper, and the headline in the
2201 advertisement must be in type no smaller than 18 point. The
2202 advertisement shall not be published in that portion of the
2203 newspaper where legal notices and classified advertisements
2204 appear. The advertisement must be published in a newspaper of
2205 general paid circulation in the county and of general interest
2206 and readership in the community, not one of limited subject
2207 matter, pursuant to chapter 50. Whenever possible, the
2208 advertisement must appear in a newspaper that is published at
2209 least 5 days a week, unless the only newspaper in the community
2210 is published less than 5 days a week. The advertisement must be
2211 in substantially the form used to advertise amendments to
2212 comprehensive plans pursuant to s. 163.3184. The local
2213 government shall specifically notify in writing the regional
2214 planning agency and the state land planning agency at least 30
2215 days prior to the public hearing. At the public hearing, all
2216 interested parties may testify and submit evidence regarding the
2217 petitioner’s qualifications, the need for and benefits of an
2218 areawide development of regional impact, and such other issues
2219 relevant to a full consideration of the petition. If more than
2220 one local government has jurisdiction over the defined planning
2221 area in an areawide development plan, the local governments
2222 shall hold a joint public hearing. Such hearing shall address,
2223 at a minimum, the need to resolve conflicting ordinances or
2224 comprehensive plans, if any. The local government holding the
2225 joint hearing shall comply with the following additional
2226 requirements:
2227 1. The notice of the hearing shall be published at least 60
2228 days in advance of the hearing and shall specify where the
2229 petition may be reviewed.
2230 2. The notice shall be given to the state land planning
2231 agency, to the applicable regional planning agency, and to such
2232 other persons as may have been designated by the state land
2233 planning agency as entitled to receive such notices.
2234 3. A public hearing date shall be set by the appropriate
2235 local government at the next scheduled meeting.
2236 (f) Following the public hearing, the local government
2237 shall issue a written order, appealable under s. 380.07, which
2238 approves, approves with conditions, or denies the petition. It
2239 shall approve the petitioner as the developer if it finds that
2240 the petitioner and defined planning area meet the standards and
2241 criteria, consistent with applicable law, pursuant to
2242 subparagraph (b)3.
2243 (g) The local government shall submit any order which
2244 approves the petition, or approves the petition with conditions,
2245 to the petitioner, to all owners of property within the defined
2246 planning area, to the regional planning agency, and to the state
2247 land planning agency within 30 days after the order becomes
2248 effective.
2249 (h) The petitioner, an owner of property within the defined
2250 planning area, the appropriate regional planning agency by vote
2251 at a regularly scheduled meeting, or the state land planning
2252 agency may appeal the decision of the local government to the
2253 Florida Land and Water Adjudicatory Commission by filing a
2254 notice of appeal with the commission. The procedures established
2255 in s. 380.07 shall be followed for such an appeal.
2256 (i) After the time for appeal of the decision has run, an
2257 approved developer may submit an application for development
2258 approval for a proposed areawide development of regional impact
2259 for land within the defined planning area, pursuant to
2260 subsection (6). Development undertaken in conformance with an
2261 areawide development order issued under this section shall not
2262 require further development-of-regional-impact review.
2263 (j) In reviewing an application for a proposed areawide
2264 development of regional impact, the regional planning agency
2265 shall evaluate, and the local government shall consider, the
2266 following criteria, in addition to any other criteria set forth
2267 in this section:
2268 1. Whether the developer has demonstrated its legal,
2269 financial, and administrative ability to perform any commitments
2270 it has made in the application for a proposed areawide
2271 development of regional impact.
2272 2. Whether the developer has demonstrated that all property
2273 owners within the defined planning area consent or do not object
2274 to the proposed areawide development of regional impact.
2275 3. Whether the area and the anticipated development are
2276 consistent with the applicable local, regional, and state
2277 comprehensive plans, except as provided for in paragraph (k).
2278 (k) In addition to the requirements of subsection (14), a
2279 development order approving, or approving with conditions, a
2280 proposed areawide development of regional impact shall specify
2281 the approved land uses and the amount of development approved
2282 within each land use category in the defined planning area. The
2283 development order shall incorporate by reference the approved
2284 areawide development plan. The local government shall not
2285 approve an areawide development plan that is inconsistent with
2286 the local comprehensive plan, except that a local government may
2287 amend its comprehensive plan pursuant to paragraph (6)(b).
2288 (l) Any owner of property within the defined planning area
2289 may withdraw his or her consent to the areawide development plan
2290 at any time prior to local government approval, with or without
2291 conditions, of the petition; and the plan, the areawide
2292 development order, and the exemption from development-of
2293 regional-impact review of individual projects under this section
2294 shall not thereafter apply to the owner’s property. After the
2295 areawide development order is issued, a landowner may withdraw
2296 his or her consent only with the approval of the local
2297 government.
2298 (m) If the developer of an areawide development of regional
2299 impact is a general purpose local government with jurisdiction
2300 over the land area included within the areawide development
2301 proposal and if no interest in the land within the land area is
2302 owned, leased, or otherwise controlled by a person, corporate or
2303 natural, for the purpose of mining or beneficiation of minerals,
2304 then:
2305 1. Demonstration of property owner consent or lack of
2306 objection to an areawide development plan shall not be required;
2307 and
2308 2. The option to withdraw consent does not apply, and all
2309 property and development within the areawide development
2310 planning area shall be subject to the areawide plan and to the
2311 development order conditions.
2312 (n) After a development order approving an areawide
2313 development plan is received, changes shall be subject to the
2314 provisions of subsection (19), except that the percentages and
2315 numerical criteria shall be double those listed in paragraph
2316 (19)(b).
2317 (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
2318 (a) There is hereby established a process to abandon a
2319 development of regional impact and its associated development
2320 orders. A development of regional impact and its associated
2321 development orders may be proposed to be abandoned by the owner
2322 or developer. The local government in whose jurisdiction in
2323 which the development of regional impact is located also may
2324 propose to abandon the development of regional impact, provided
2325 that the local government gives individual written notice to
2326 each development-of-regional-impact owner and developer of
2327 record, and provided that no such owner or developer objects in
2328 writing to the local government before prior to or at the public
2329 hearing pertaining to abandonment of the development of regional
2330 impact. The state land planning agency is authorized to
2331 promulgate rules that shall include, but not be limited to,
2332 criteria for determining whether to grant, grant with
2333 conditions, or deny a proposal to abandon, and provisions to
2334 ensure that the developer satisfies all applicable conditions of
2335 the development order and adequately mitigates for the impacts
2336 of the development. If there is no existing development within
2337 the development of regional impact at the time of abandonment
2338 and no development within the development of regional impact is
2339 proposed by the owner or developer after such abandonment, an
2340 abandonment order may shall not require the owner or developer
2341 to contribute any land, funds, or public facilities as a
2342 condition of such abandonment order. The local government must
2343 file rules shall also provide a procedure for filing notice of
2344 the abandonment pursuant to s. 28.222 with the clerk of the
2345 circuit court for each county in which the development of
2346 regional impact is located. Abandonment will be deemed to have
2347 occurred upon the recording of the notice. Any decision by a
2348 local government concerning the abandonment of a development of
2349 regional impact is shall be subject to an appeal pursuant to s.
2350 380.07. The issues in any such appeal must shall be confined to
2351 whether the provisions of this subsection or any rules
2352 promulgated thereunder have been satisfied.
2353 (b) If requested by the owner, developer, or local
2354 government, the development-of-regional-impact development order
2355 must be abandoned by the local government having jurisdiction
2356 upon a showing that all required mitigation related to the
2357 amount of development which existed on the date of abandonment
2358 has been completed or will be completed under an existing permit
2359 or equivalent authorization issued by a governmental agency as
2360 defined in s. 380.031(6), provided such permit or authorization
2361 is subject to enforcement through administrative or judicial
2362 remedies Upon receipt of written confirmation from the state
2363 land planning agency that any required mitigation applicable to
2364 completed development has occurred, an industrial development of
2365 regional impact located within the coastal high-hazard area of a
2366 rural area of opportunity which was approved before the adoption
2367 of the local government’s comprehensive plan required under s.
2368 163.3167 and which plan’s future land use map and zoning
2369 designates the land use for the development of regional impact
2370 as commercial may be unilaterally abandoned without the need to
2371 proceed through the process described in paragraph (a) if the
2372 developer or owner provides a notice of abandonment to the local
2373 government and records such notice with the applicable clerk of
2374 court. Abandonment shall be deemed to have occurred upon the
2375 recording of the notice. All development following abandonment
2376 must shall be fully consistent with the current comprehensive
2377 plan and applicable zoning.
2378 (c) A development order for abandonment of an approved
2379 development of regional impact may be amended by a local
2380 government pursuant to subsection (7), provided that the
2381 amendment does not reduce any mitigation previously required as
2382 a condition of abandonment, unless the developer demonstrates
2383 that changes to the development no longer will result in impacts
2384 that necessitated the mitigation.
2385 (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
2386 DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
2387 or her rights, responsibilities, and obligations under a
2388 development order and the development order does not clearly
2389 define his or her rights, responsibilities, and obligations, the
2390 developer or owner may request participation in resolving the
2391 dispute through the dispute resolution process outlined in s.
2392 186.509. The Department of Economic Opportunity shall be
2393 notified by certified mail of any meeting held under the process
2394 provided for by this subsection at least 5 days before the
2395 meeting.
2396 (28) PARTIAL STATUTORY EXEMPTIONS.—
2397 (a) If the binding agreement referenced under paragraph
2398 (24)(l) for urban service boundaries is not entered into within
2399 12 months after establishment of the urban service boundary, the
2400 development-of-regional-impact review for projects within the
2401 urban service boundary must address transportation impacts only.
2402 (b) If the binding agreement referenced under paragraph
2403 (24)(m) for rural land stewardship areas is not entered into
2404 within 12 months after the designation of a rural land
2405 stewardship area, the development-of-regional-impact review for
2406 projects within the rural land stewardship area must address
2407 transportation impacts only.
2408 (c) If the binding agreement for designated urban infill
2409 and redevelopment areas is not entered into within 12 months
2410 after the designation of the area or July 1, 2007, whichever
2411 occurs later, the development-of-regional-impact review for
2412 projects within the urban infill and redevelopment area must
2413 address transportation impacts only.
2414 (d) A local government that does not wish to enter into a
2415 binding agreement or that is unable to agree on the terms of the
2416 agreement referenced under paragraph (24)(l) or paragraph
2417 (24)(m) shall provide written notification to the state land
2418 planning agency of the decision to not enter into a binding
2419 agreement or the failure to enter into a binding agreement
2420 within the 12-month period referenced in paragraphs (a), (b) and
2421 (c). Following the notification of the state land planning
2422 agency, development-of-regional-impact review for projects
2423 within an urban service boundary under paragraph (24)(l), or a
2424 rural land stewardship area under paragraph (24)(m), must
2425 address transportation impacts only.
2426 (e) The vesting provision of s. 163.3167(5) relating to an
2427 authorized development of regional impact does not apply to
2428 those projects partially exempt from the development-of
2429 regional-impact review process under paragraphs (a)-(d).
2430 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
2431 (a) The following are exempt from this section:
2432 1. Any proposed development in a municipality that has an
2433 average of at least 1,000 people per square mile of land area
2434 and a minimum total population of at least 5,000;
2435 2. Any proposed development within a county, including the
2436 municipalities located in the county, that has an average of at
2437 least 1,000 people per square mile of land area and is located
2438 within an urban service area as defined in s. 163.3164 which has
2439 been adopted into the comprehensive plan;
2440 3. Any proposed development within a county, including the
2441 municipalities located therein, which has a population of at
2442 least 900,000, that has an average of at least 1,000 people per
2443 square mile of land area, but which does not have an urban
2444 service area designated in the comprehensive plan; or
2445 4. Any proposed development within a county, including the
2446 municipalities located therein, which has a population of at
2447 least 1 million and is located within an urban service area as
2448 defined in s. 163.3164 which has been adopted into the
2449 comprehensive plan.
2450
2451 The Office of Economic and Demographic Research within the
2452 Legislature shall annually calculate the population and density
2453 criteria needed to determine which jurisdictions meet the
2454 density criteria in subparagraphs 1.-4. by using the most recent
2455 land area data from the decennial census conducted by the Bureau
2456 of the Census of the United States Department of Commerce and
2457 the latest available population estimates determined pursuant to
2458 s. 186.901. If any local government has had an annexation,
2459 contraction, or new incorporation, the Office of Economic and
2460 Demographic Research shall determine the population density
2461 using the new jurisdictional boundaries as recorded in
2462 accordance with s. 171.091. The Office of Economic and
2463 Demographic Research shall annually submit to the state land
2464 planning agency by July 1 a list of jurisdictions that meet the
2465 total population and density criteria. The state land planning
2466 agency shall publish the list of jurisdictions on its Internet
2467 website within 7 days after the list is received. The
2468 designation of jurisdictions that meet the criteria of
2469 subparagraphs 1.-4. is effective upon publication on the state
2470 land planning agency’s Internet website. If a municipality that
2471 has previously met the criteria no longer meets the criteria,
2472 the state land planning agency shall maintain the municipality
2473 on the list and indicate the year the jurisdiction last met the
2474 criteria. However, any proposed development of regional impact
2475 not within the established boundaries of a municipality at the
2476 time the municipality last met the criteria must meet the
2477 requirements of this section until such time as the municipality
2478 as a whole meets the criteria. Any county that meets the
2479 criteria shall remain on the list in accordance with the
2480 provisions of this paragraph. Any jurisdiction that was placed
2481 on the dense urban land area list before June 2, 2011, shall
2482 remain on the list in accordance with the provisions of this
2483 paragraph.
2484 (b) If a municipality that does not qualify as a dense
2485 urban land area pursuant to paragraph (a) designates any of the
2486 following areas in its comprehensive plan, any proposed
2487 development within the designated area is exempt from the
2488 development-of-regional-impact process:
2489 1. Urban infill as defined in s. 163.3164;
2490 2. Community redevelopment areas as defined in s. 163.340;
2491 3. Downtown revitalization areas as defined in s. 163.3164;
2492 4. Urban infill and redevelopment under s. 163.2517; or
2493 5. Urban service areas as defined in s. 163.3164 or areas
2494 within a designated urban service boundary under s.
2495 163.3177(14), Florida Statutes (2010).
2496 (c) If a county that does not qualify as a dense urban land
2497 area designates any of the following areas in its comprehensive
2498 plan, any proposed development within the designated area is
2499 exempt from the development-of-regional-impact process:
2500 1. Urban infill as defined in s. 163.3164;
2501 2. Urban infill and redevelopment under s. 163.2517; or
2502 3. Urban service areas as defined in s. 163.3164.
2503 (d) A development that is located partially outside an area
2504 that is exempt from the development-of-regional-impact program
2505 must undergo development-of-regional-impact review pursuant to
2506 this section. However, if the total acreage that is included
2507 within the area exempt from development-of-regional-impact
2508 review exceeds 85 percent of the total acreage and square
2509 footage of the approved development of regional impact, the
2510 development-of-regional-impact development order may be
2511 rescinded in both local governments pursuant to s. 380.115(1),
2512 unless the portion of the development outside the exempt area
2513 meets the threshold criteria of a development-of-regional
2514 impact.
2515 (e) In an area that is exempt under paragraphs (a)-(c), any
2516 previously approved development-of-regional-impact development
2517 orders shall continue to be effective, but the developer has the
2518 option to be governed by s. 380.115(1). A pending application
2519 for development approval shall be governed by s. 380.115(2).
2520 (f) Local governments must submit by mail a development
2521 order to the state land planning agency for projects that would
2522 be larger than 120 percent of any applicable development-of
2523 regional-impact threshold and would require development-of
2524 regional-impact review but for the exemption from the program
2525 under paragraphs (a)-(c). For such development orders, the state
2526 land planning agency may appeal the development order pursuant
2527 to s. 380.07 for inconsistency with the comprehensive plan
2528 adopted under chapter 163.
2529 (g) If a local government that qualifies as a dense urban
2530 land area under this subsection is subsequently found to be
2531 ineligible for designation as a dense urban land area, any
2532 development located within that area which has a complete,
2533 pending application for authorization to commence development
2534 may maintain the exemption if the developer is continuing the
2535 application process in good faith or the development is
2536 approved.
2537 (h) This subsection does not limit or modify the rights of
2538 any person to complete any development that has been authorized
2539 as a development of regional impact pursuant to this chapter.
2540 (i) This subsection does not apply to areas:
2541 1. Within the boundary of any area of critical state
2542 concern designated pursuant to s. 380.05;
2543 2. Within the boundary of the Wekiva Study Area as
2544 described in s. 369.316; or
2545 3. Within 2 miles of the boundary of the Everglades
2546 Protection Area as described in s. 373.4592(2).
2547 (12)(30) PROPOSED DEVELOPMENTS.—A proposed development that
2548 exceeds the statewide guidelines and standards specified in s.
2549 380.0651 and is not otherwise exempt pursuant to s. 380.0651
2550 must otherwise subject to the review requirements of this
2551 section shall be approved by a local government pursuant to s.
2552 163.3184(4) in lieu of proceeding in accordance with this
2553 section. However, if the proposed development is consistent with
2554 the comprehensive plan as provided in s. 163.3194(3)(b), the
2555 development is not required to undergo review pursuant to s.
2556 163.3184(4) or this section. This subsection does not apply to
2557 amendments to a development order governing an existing
2558 development of regional impact.
2559 Section 2. Section 380.061, Florida Statutes, is amended to
2560 read:
2561 380.061 The Florida Quality Developments program.—
2562 (1) This section only applies to developments approved as
2563 Florida Quality Developments before the effective date of this
2564 act There is hereby created the Florida Quality Developments
2565 program. The intent of this program is to encourage development
2566 which has been thoughtfully planned to take into consideration
2567 protection of Florida’s natural amenities, the cost to local
2568 government of providing services to a growing community, and the
2569 high quality of life Floridians desire. It is further intended
2570 that the developer be provided, through a cooperative and
2571 coordinated effort, an expeditious and timely review by all
2572 agencies with jurisdiction over the project of his or her
2573 proposed development.
2574 (2) Following written notification to the state land
2575 planning agency and the appropriate regional planning agency, a
2576 local government with an approved Florida Quality Development
2577 within its jurisdiction must set a public hearing pursuant to
2578 its local procedures and shall adopt a local development order
2579 to replace and supersede the development order adopted by the
2580 state land planning agency for the Florida Quality Development.
2581 Thereafter, the Florida Quality Development shall follow the
2582 procedures and requirements for developments of regional impact
2583 as specified in this chapter Developments that may be designated
2584 as Florida Quality Developments are those developments which are
2585 above 80 percent of any numerical thresholds in the guidelines
2586 and standards for development-of-regional-impact review pursuant
2587 to s. 380.06.
2588 (3)(a) To be eligible for designation under this program,
2589 the developer shall comply with each of the following
2590 requirements if applicable to the site of a qualified
2591 development:
2592 1. Donate or enter into a binding commitment to donate the
2593 fee or a lesser interest sufficient to protect, in perpetuity,
2594 the natural attributes of the types of land listed below. In
2595 lieu of this requirement, the developer may enter into a binding
2596 commitment that runs with the land to set aside such areas on
2597 the property, in perpetuity, as open space to be retained in a
2598 natural condition or as otherwise permitted under this
2599 subparagraph. Under the requirements of this subparagraph, the
2600 developer may reserve the right to use such areas for passive
2601 recreation that is consistent with the purposes for which the
2602 land was preserved.
2603 a. Those wetlands and water bodies throughout the state
2604 which would be delineated if the provisions of s. 373.4145(1)(b)
2605 were applied. The developer may use such areas for the purpose
2606 of site access, provided other routes of access are unavailable
2607 or impracticable; may use such areas for the purpose of
2608 stormwater or domestic sewage management and other necessary
2609 utilities if such uses are permitted pursuant to chapter 403; or
2610 may redesign or alter wetlands and water bodies within the
2611 jurisdiction of the Department of Environmental Protection which
2612 have been artificially created if the redesign or alteration is
2613 done so as to produce a more naturally functioning system.
2614 b. Active beach or primary and, where appropriate,
2615 secondary dunes, to maintain the integrity of the dune system
2616 and adequate public accessways to the beach. However, the
2617 developer may retain the right to construct and maintain
2618 elevated walkways over the dunes to provide access to the beach.
2619 c. Known archaeological sites determined to be of
2620 significance by the Division of Historical Resources of the
2621 Department of State.
2622 d. Areas known to be important to animal species designated
2623 as endangered or threatened by the United States Fish and
2624 Wildlife Service or by the Fish and Wildlife Conservation
2625 Commission, for reproduction, feeding, or nesting; for traveling
2626 between such areas used for reproduction, feeding, or nesting;
2627 or for escape from predation.
2628 e. Areas known to contain plant species designated as
2629 endangered by the Department of Agriculture and Consumer
2630 Services.
2631 2. Produce, or dispose of, no substances designated as
2632 hazardous or toxic substances by the United States Environmental
2633 Protection Agency, the Department of Environmental Protection,
2634 or the Department of Agriculture and Consumer Services. This
2635 subparagraph does not apply to the production of these
2636 substances in nonsignificant amounts as would occur through
2637 household use or incidental use by businesses.
2638 3. Participate in a downtown reuse or redevelopment program
2639 to improve and rehabilitate a declining downtown area.
2640 4. Incorporate no dredge and fill activities in, and no
2641 stormwater discharge into, waters designated as Class II,
2642 aquatic preserves, or Outstanding Florida Waters, except as
2643 permitted pursuant to s. 403.813(1), and the developer
2644 demonstrates that those activities meet the standards under
2645 Class II waters, Outstanding Florida Waters, or aquatic
2646 preserves, as applicable.
2647 5. Include open space, recreation areas, Florida-friendly
2648 landscaping as defined in s. 373.185, and energy conservation
2649 and minimize impermeable surfaces as appropriate to the location
2650 and type of project.
2651 6. Provide for construction and maintenance of all onsite
2652 infrastructure necessary to support the project and enter into a
2653 binding commitment with local government to provide an
2654 appropriate fair-share contribution toward the offsite impacts
2655 that the development will impose on publicly funded facilities
2656 and services, except offsite transportation, and condition or
2657 phase the commencement of development to ensure that public
2658 facilities and services, except offsite transportation, are
2659 available concurrent with the impacts of the development. For
2660 the purposes of offsite transportation impacts, the developer
2661 shall comply, at a minimum, with the standards of the state land
2662 planning agency’s development-of-regional-impact transportation
2663 rule, the approved strategic regional policy plan, any
2664 applicable regional planning council transportation rule, and
2665 the approved local government comprehensive plan and land
2666 development regulations adopted pursuant to part II of chapter
2667 163.
2668 7. Design and construct the development in a manner that is
2669 consistent with the adopted state plan, the applicable strategic
2670 regional policy plan, and the applicable adopted local
2671 government comprehensive plan.
2672 (b) In addition to the foregoing requirements, the
2673 developer shall plan and design his or her development in a
2674 manner which includes the needs of the people in this state as
2675 identified in the state comprehensive plan and the quality of
2676 life of the people who will live and work in or near the
2677 development. The developer is encouraged to plan and design his
2678 or her development in an innovative manner. These planning and
2679 design features may include, but are not limited to, such things
2680 as affordable housing, care for the elderly, urban renewal or
2681 redevelopment, mass transit, the protection and preservation of
2682 wetlands outside the jurisdiction of the Department of
2683 Environmental Protection or of uplands as wildlife habitat,
2684 provision for the recycling of solid waste, provision for onsite
2685 child care, enhancement of emergency management capabilities,
2686 the preservation of areas known to be primary habitat for
2687 significant populations of species of special concern designated
2688 by the Fish and Wildlife Conservation Commission, or community
2689 economic development. These additional amenities will be
2690 considered in determining whether the development qualifies for
2691 designation under this program.
2692 (4) The department shall adopt an application for
2693 development designation consistent with the intent of this
2694 section.
2695 (5)(a) Before filing an application for development
2696 designation, the developer shall contact the Department of
2697 Economic Opportunity to arrange one or more preapplication
2698 conferences with the other reviewing entities. Upon the request
2699 of the developer or any of the reviewing entities, other
2700 affected state or regional agencies shall participate in this
2701 conference. The department, in coordination with the local
2702 government with jurisdiction and the regional planning council,
2703 shall provide the developer information about the Florida
2704 Quality Developments designation process and the use of
2705 preapplication conferences to identify issues, coordinate
2706 appropriate state, regional, and local agency requirements,
2707 fully address any concerns of the local government, the regional
2708 planning council, and other reviewing agencies and the meeting
2709 of those concerns, if applicable, through development order
2710 conditions, and otherwise promote a proper, efficient, and
2711 timely review of the proposed Florida Quality Development. The
2712 department shall take the lead in coordinating the review
2713 process.
2714 (b) The developer shall submit the application to the state
2715 land planning agency, the appropriate regional planning agency,
2716 and the appropriate local government for review. The review
2717 shall be conducted under the time limits and procedures set
2718 forth in s. 120.60, except that the 90-day time limit shall
2719 cease to run when the state land planning agency and the local
2720 government have notified the applicant of their decision on
2721 whether the development should be designated under this program.
2722 (c) At any time prior to the issuance of the Florida
2723 Quality Development development order, the developer of a
2724 proposed Florida Quality Development shall have the right to
2725 withdraw the proposed project from consideration as a Florida
2726 Quality Development. The developer may elect to convert the
2727 proposed project to a proposed development of regional impact.
2728 The conversion shall be in the form of a letter to the reviewing
2729 entities stating the developer’s intent to seek authorization
2730 for the development as a development of regional impact under s.
2731 380.06. If a proposed Florida Quality Development converts to a
2732 development of regional impact, the developer shall resubmit the
2733 appropriate application and the development shall be subject to
2734 all applicable procedures under s. 380.06, except that:
2735 1. A preapplication conference held under paragraph (a)
2736 satisfies the preapplication procedures requirement under s.
2737 380.06(7); and
2738 2. If requested in the withdrawal letter, a finding of
2739 completeness of the application under paragraph (a) and s.
2740 120.60 may be converted to a finding of sufficiency by the
2741 regional planning council if such a conversion is approved by
2742 the regional planning council.
2743
2744 The regional planning council shall have 30 days to notify the
2745 developer if the request for conversion of completeness to
2746 sufficiency is granted or denied. If granted and the application
2747 is found sufficient, the regional planning council shall notify
2748 the local government that a public hearing date may be set to
2749 consider the development for approval as a development of
2750 regional impact, and the development shall be subject to all
2751 applicable rules, standards, and procedures of s. 380.06. If the
2752 request for conversion of completeness to sufficiency is denied,
2753 the developer shall resubmit the appropriate application for
2754 review and the development shall be subject to all applicable
2755 procedures under s. 380.06, except as otherwise provided in this
2756 paragraph.
2757 (d) If the local government and state land planning agency
2758 agree that the project should be designated under this program,
2759 the state land planning agency shall issue a development order
2760 which incorporates the plan of development as set out in the
2761 application along with any agreed-upon modifications and
2762 conditions, based on recommendations by the local government and
2763 regional planning council, and a certification that the
2764 development is designated as one of Florida’s Quality
2765 Developments. In the event of conflicting recommendations, the
2766 state land planning agency, after consultation with the local
2767 government and the regional planning agency, shall resolve such
2768 conflicts in the development order. Upon designation, the
2769 development, as approved, is exempt from development-of
2770 regional-impact review pursuant to s. 380.06.
2771 (e) If the local government or state land planning agency,
2772 or both, recommends against designation, the development shall
2773 undergo development-of-regional-impact review pursuant to s.
2774 380.06, except as provided in subsection (6) of this section.
2775 (6)(a) In the event that the development is not designated
2776 under subsection (5), the developer may appeal that
2777 determination to the Quality Developments Review Board. The
2778 board shall consist of the secretary of the state land planning
2779 agency, the Secretary of Environmental Protection and a member
2780 designated by the secretary, the Secretary of Transportation,
2781 the executive director of the Fish and Wildlife Conservation
2782 Commission, the executive director of the appropriate water
2783 management district created pursuant to chapter 373, and the
2784 chief executive officer of the appropriate local government.
2785 When there is a significant historical or archaeological site
2786 within the boundaries of a development which is appealed to the
2787 board, the director of the Division of Historical Resources of
2788 the Department of State shall also sit on the board. The staff
2789 of the state land planning agency shall serve as staff to the
2790 board.
2791 (b) The board shall meet once each quarter of the year.
2792 However, a meeting may be waived if no appeals are pending.
2793 (c) On appeal, the sole issue shall be whether the
2794 development meets the statutory criteria for designation under
2795 this program. An affirmative vote of at least five members of
2796 the board, including the affirmative vote of the chief executive
2797 officer of the appropriate local government, shall be necessary
2798 to designate the development by the board.
2799 (d) The state land planning agency shall adopt procedural
2800 rules for consideration of appeals under this subsection.
2801 (7)(a) The development order issued pursuant to this
2802 section is enforceable in the same manner as a development order
2803 issued pursuant to s. 380.06.
2804 (b) Appeal of a development order issued pursuant to this
2805 section shall be available only pursuant to s. 380.07.
2806 (8)(a) Any local government comprehensive plan amendments
2807 related to a Florida Quality Development may be initiated by a
2808 local planning agency and considered by the local governing body
2809 at the same time as the application for development approval.
2810 Nothing in this subsection shall be construed to require
2811 favorable consideration of a Florida Quality Development solely
2812 because it is related to a development of regional impact.
2813 (b) The department shall adopt, by rule, standards and
2814 procedures necessary to implement the Florida Quality
2815 Developments program. The rules must include, but need not be
2816 limited to, provisions governing annual reports and criteria for
2817 determining whether a proposed change to an approved Florida
2818 Quality Development is a substantial change requiring further
2819 review.
2820 Section 3. Section 380.0651, Florida Statutes, is amended
2821 to read:
2822 380.0651 Statewide guidelines, and standards, and
2823 exemptions.—
2824 (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
2825 guidelines and standards for developments required to undergo
2826 development-of-regional-impact review provided in this section
2827 supersede the statewide guidelines and standards previously
2828 adopted by the Administration Commission that address the same
2829 development. Other standards and guidelines previously adopted
2830 by the Administration Commission, including the residential
2831 standards and guidelines, shall not be superseded. The
2832 guidelines and standards shall be applied in the manner
2833 described in s. 380.06(2)(a).
2834 (2) The Administration Commission shall publish the
2835 statewide guidelines and standards established in this section
2836 in its administrative rule in place of the guidelines and
2837 standards that are superseded by this act, without the
2838 proceedings required by s. 120.54 and notwithstanding the
2839 provisions of s. 120.545(1)(c). The Administration Commission
2840 shall initiate rulemaking proceedings pursuant to s. 120.54 to
2841 make all other technical revisions necessary to conform the
2842 rules to this act. Rule amendments made pursuant to this
2843 subsection shall not be subject to the requirement for
2844 legislative approval pursuant to s. 380.06(2).
2845 (3) Subject to the exemptions and partial exemptions
2846 specified in this section, the following statewide guidelines
2847 and standards shall be applied in the manner described in s.
2848 380.06(2) to determine whether the following developments are
2849 subject to the requirements of s. 380.06 shall be required to
2850 undergo development-of-regional-impact review:
2851 (a) Airports.—
2852 1. Any of the following airport construction projects is
2853 shall be a development of regional impact:
2854 a. A new commercial service or general aviation airport
2855 with paved runways.
2856 b. A new commercial service or general aviation paved
2857 runway.
2858 c. A new passenger terminal facility.
2859 2. Lengthening of an existing runway by 25 percent or an
2860 increase in the number of gates by 25 percent or three gates,
2861 whichever is greater, on a commercial service airport or a
2862 general aviation airport with regularly scheduled flights is a
2863 development of regional impact. However, expansion of existing
2864 terminal facilities at a nonhub or small hub commercial service
2865 airport is shall not be a development of regional impact.
2866 3. Any airport development project which is proposed for
2867 safety, repair, or maintenance reasons alone and would not have
2868 the potential to increase or change existing types of aircraft
2869 activity is not a development of regional impact.
2870 Notwithstanding subparagraphs 1. and 2., renovation,
2871 modernization, or replacement of airport airside or terminal
2872 facilities that may include increases in square footage of such
2873 facilities but does not increase the number of gates or change
2874 the existing types of aircraft activity is not a development of
2875 regional impact.
2876 (b) Attractions and recreation facilities.—Any sports,
2877 entertainment, amusement, or recreation facility, including, but
2878 not limited to, a sports arena, stadium, racetrack, tourist
2879 attraction, amusement park, or pari-mutuel facility, the
2880 construction or expansion of which:
2881 1. For single performance facilities:
2882 a. Provides parking spaces for more than 2,500 cars; or
2883 b. Provides more than 10,000 permanent seats for
2884 spectators.
2885 2. For serial performance facilities:
2886 a. Provides parking spaces for more than 1,000 cars; or
2887 b. Provides more than 4,000 permanent seats for spectators.
2888
2889 For purposes of this subsection, “serial performance facilities”
2890 means those using their parking areas or permanent seating more
2891 than one time per day on a regular or continuous basis.
2892 (c) Office development.—Any proposed office building or
2893 park operated under common ownership, development plan, or
2894 management that:
2895 1. Encompasses 300,000 or more square feet of gross floor
2896 area; or
2897 2. Encompasses more than 600,000 square feet of gross floor
2898 area in a county with a population greater than 500,000 and only
2899 in a geographic area specifically designated as highly suitable
2900 for increased threshold intensity in the approved local
2901 comprehensive plan.
2902 (d) Retail and service development.—Any proposed retail,
2903 service, or wholesale business establishment or group of
2904 establishments which deals primarily with the general public
2905 onsite, operated under one common property ownership,
2906 development plan, or management that:
2907 1. Encompasses more than 400,000 square feet of gross area;
2908 or
2909 2. Provides parking spaces for more than 2,500 cars.
2910 (e) Recreational vehicle development.—Any proposed
2911 recreational vehicle development planned to create or
2912 accommodate 500 or more spaces.
2913 (f) Multiuse development.—Any proposed development with two
2914 or more land uses where the sum of the percentages of the
2915 appropriate thresholds identified in chapter 28-24, Florida
2916 Administrative Code, or this section for each land use in the
2917 development is equal to or greater than 145 percent. Any
2918 proposed development with three or more land uses, one of which
2919 is residential and contains at least 100 dwelling units or 15
2920 percent of the applicable residential threshold, whichever is
2921 greater, where the sum of the percentages of the appropriate
2922 thresholds identified in chapter 28-24, Florida Administrative
2923 Code, or this section for each land use in the development is
2924 equal to or greater than 160 percent. This threshold is in
2925 addition to, and does not preclude, a development from being
2926 required to undergo development-of-regional-impact review under
2927 any other threshold.
2928 (g) Residential development.—A rule may not be adopted
2929 concerning residential developments which treats a residential
2930 development in one county as being located in a less populated
2931 adjacent county unless more than 25 percent of the development
2932 is located within 2 miles or less of the less populated adjacent
2933 county. The residential thresholds of adjacent counties with
2934 less population and a lower threshold may not be controlling on
2935 any development wholly located within areas designated as rural
2936 areas of opportunity.
2937 (h) Workforce housing.—The applicable guidelines for
2938 residential development and the residential component for
2939 multiuse development shall be increased by 50 percent where the
2940 developer demonstrates that at least 15 percent of the total
2941 residential dwelling units authorized within the development of
2942 regional impact will be dedicated to affordable workforce
2943 housing, subject to a recorded land use restriction that shall
2944 be for a period of not less than 20 years and that includes
2945 resale provisions to ensure long-term affordability for income
2946 eligible homeowners and renters and provisions for the workforce
2947 housing to be commenced prior to the completion of 50 percent of
2948 the market rate dwelling. For purposes of this paragraph, the
2949 term “affordable workforce housing” means housing that is
2950 affordable to a person who earns less than 120 percent of the
2951 area median income, or less than 140 percent of the area median
2952 income if located in a county in which the median purchase price
2953 for a single-family existing home exceeds the statewide median
2954 purchase price of a single-family existing home. For the
2955 purposes of this paragraph, the term “statewide median purchase
2956 price of a single-family existing home” means the statewide
2957 purchase price as determined in the Florida Sales Report,
2958 Single-Family Existing Homes, released each January by the
2959 Florida Association of Realtors and the University of Florida
2960 Real Estate Research Center.
2961 (i) Schools.—
2962 1. The proposed construction of any public, private, or
2963 proprietary postsecondary educational campus which provides for
2964 a design population of more than 5,000 full-time equivalent
2965 students, or the proposed physical expansion of any public,
2966 private, or proprietary postsecondary educational campus having
2967 such a design population that would increase the population by
2968 at least 20 percent of the design population.
2969 2. As used in this paragraph, “full-time equivalent
2970 student” means enrollment for 15 or more quarter hours during a
2971 single academic semester. In career centers or other
2972 institutions which do not employ semester hours or quarter hours
2973 in accounting for student participation, enrollment for 18
2974 contact hours shall be considered equivalent to one quarter
2975 hour, and enrollment for 27 contact hours shall be considered
2976 equivalent to one semester hour.
2977 3. This paragraph does not apply to institutions which are
2978 the subject of a campus master plan adopted by the university
2979 board of trustees pursuant to s. 1013.30.
2980 (2) STATUTORY EXEMPTIONS.—The following developments are
2981 exempt from s. 380.06:
2982 (a) Any proposed hospital.
2983 (b) Any proposed electrical transmission line or electrical
2984 power plant.
2985 (c) Any proposed addition to an existing sports facility
2986 complex if the addition meets the following characteristics:
2987 1. It would not operate concurrently with the scheduled
2988 hours of operation of the existing facility;
2989 2. Its seating capacity would be no more than 75 percent of
2990 the capacity of the existing facility; and
2991 3. The sports facility complex property was owned by a
2992 public body before July 1, 1983.
2993
2994 This exemption does not apply to any pari-mutuel facility as
2995 defined in s. 550.002.
2996 (d) Any proposed addition or cumulative additions
2997 subsequent to July 1, 1988, to an existing sports facility
2998 complex owned by a state university, if the increased seating
2999 capacity of the complex is no more than 30 percent of the
3000 capacity of the existing facility.
3001 (e) Any addition of permanent seats or parking spaces for
3002 an existing sports facility located on property owned by a
3003 public body before July 1, 1973, if future additions do not
3004 expand existing permanent seating or parking capacity more than
3005 15 percent annually in excess of the prior year’s capacity.
3006 (f) Any increase in the seating capacity of an existing
3007 sports facility having a permanent seating capacity of at least
3008 50,000 spectators, provided that such an increase does not
3009 increase permanent seating capacity by more than 5 percent per
3010 year and does not exceed a total of 10 percent in any 5-year
3011 period. The sports facility must notify the appropriate local
3012 government within which the facility is located of the increase
3013 at least 6 months before the initial use of the increased
3014 seating in order to permit the appropriate local government to
3015 develop a traffic management plan for the traffic generated by
3016 the increase. Any traffic management plan must be consistent
3017 with the local comprehensive plan, the regional policy plan, and
3018 the state comprehensive plan.
3019 (g) Any expansion in the permanent seating capacity or
3020 additional improved parking facilities of an existing sports
3021 facility, if the following conditions exist:
3022 1.a. The sports facility had a permanent seating capacity
3023 on January 1, 1991, of at least 41,000 spectator seats;
3024 b. The sum of such expansions in permanent seating capacity
3025 does not exceed a total of 10 percent in any 5-year period and
3026 does not exceed a cumulative total of 20 percent for any such
3027 expansions; or
3028 c. The increase in additional improved parking facilities
3029 is a one-time addition and does not exceed 3,500 parking spaces
3030 serving the sports facility; and
3031 2. The local government having jurisdiction over the sports
3032 facility includes in the development order or development permit
3033 approving such expansion under this paragraph a finding of fact
3034 that the proposed expansion is consistent with the
3035 transportation, water, sewer, and stormwater drainage provisions
3036 of the approved local comprehensive plan and local land
3037 development regulations relating to those provisions.
3038 (h) Expansion to port harbors, spoil disposal sites,
3039 navigation channels, turning basins, harbor berths, and other
3040 related inwater harbor facilities of the ports specified in s.
3041 403.021(9)(b) when such expansions, projects, or facilities are
3042 consistent with port master plans and are in compliance with s.
3043 163.3178.
3044 (i) Any proposed facility for the storage of any petroleum
3045 product or any expansion of an existing facility.
3046 (j) Any renovation or redevelopment within the same parcel
3047 as the existing development if such renovation or redevelopment
3048 does not change land use or increase density or intensity of
3049 use.
3050 (k) Waterport and marina development, including dry storage
3051 facilities.
3052 (l) Any proposed development within an urban service area
3053 boundary established under s. 163.3177(14), Florida Statutes
3054 (2010), that is not otherwise exempt pursuant to subsection (3),
3055 if the local government having jurisdiction over the area where
3056 the development is proposed has adopted the urban service area
3057 boundary and has entered into a binding agreement with
3058 jurisdictions that would be impacted and with the Department of
3059 Transportation regarding the mitigation of impacts on state and
3060 regional transportation facilities.
3061 (m) Any proposed development within a rural land
3062 stewardship area created under s. 163.3248.
3063 (n) The establishment, relocation, or expansion of any
3064 military installation as specified in s. 163.3175.
3065 (o) Any self-storage warehousing that does not allow retail
3066 or other services.
3067 (p) Any proposed nursing home or assisted living facility.
3068 (q) Any development identified in an airport master plan
3069 and adopted into the comprehensive plan pursuant to s.
3070 163.3177(6)(b)4.
3071 (r) Any development identified in a campus master plan and
3072 adopted pursuant to s. 1013.30.
3073 (s) Any development in a detailed specific area plan
3074 prepared and adopted pursuant to s. 163.3245.
3075 (t) Any proposed solid mineral mine and any proposed
3076 addition to, expansion of, or change to an existing solid
3077 mineral mine. A mine owner must, however, enter into a binding
3078 agreement with the Department of Transportation to mitigate
3079 impacts to strategic intermodal system facilities.
3080 Notwithstanding this requirement, pursuant to s. 380.115(1), a
3081 previously approved solid mineral mine development-of-regional
3082 impact development order continues to have vested rights and
3083 continues to be effective unless rescinded by the developer. All
3084 local government regulations of proposed solid mineral mines are
3085 applicable to any new solid mineral mine or to any proposed
3086 addition to, expansion of, or change to an existing solid
3087 mineral mine.
3088 (u) Notwithstanding any provision in an agreement with or
3089 among a local government, regional agency, or the state land
3090 planning agency or in a local government’s comprehensive plan to
3091 the contrary, a project no longer subject to development-of
3092 regional-impact review under the revised thresholds specified in
3093 s. 380.06(2)(b) and this section.
3094 (v) Any development within a county that has a research and
3095 education authority created by special act and which is also
3096 within a research and development park that is operated or
3097 managed by a research and development authority pursuant to part
3098 V of chapter 159.
3099 (w) Any development in an energy economic zone designated
3100 pursuant to s. 377.809 upon approval by its local governing
3101 body.
3102
3103 If a use is exempt from review pursuant to paragraphs (a)-(u),
3104 but will be part of a larger project that is subject to review
3105 pursuant to s. 380.06(12), the impact of the exempt use must be
3106 included in the review of the larger project, unless such exempt
3107 use involves a development that includes a landowner, tenant, or
3108 user that has entered into a funding agreement with the
3109 Department of Economic Opportunity under the Innovation
3110 Incentive Program and the agreement contemplates a state award
3111 of at least $50 million.
3112 (3) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
3113 (a) The following are exempt from the requirements of s.
3114 380.06:
3115 1. Any proposed development in a municipality that has an
3116 average of at least 1,000 people per square mile of land area
3117 and a minimum total population of at least 5,000;
3118 2. Any proposed development within a county, including the
3119 municipalities located therein, having an average of at least
3120 1,000 people per square mile of land area and the development is
3121 located within an urban service area as defined in s. 163.3164
3122 which has been adopted into the comprehensive plan as defined in
3123 s. 163.3164;
3124 3. Any proposed development within a county, including the
3125 municipalities located therein, having a population of at least
3126 900,000 and an average of at least 1,000 people per square mile
3127 of land area, but which does not have an urban service area
3128 designated in the comprehensive plan; and
3129 4. Any proposed development within a county, including the
3130 municipalities located therein, having a population of at least
3131 1 million and the development is located within an urban service
3132 area as defined in s. 163.3164 which has been adopted into the
3133 comprehensive plan.
3134
3135 The Office of Economic and Demographic Research within the
3136 Legislature shall annually calculate the population and density
3137 criteria needed to determine which jurisdictions meet the
3138 density criteria in subparagraphs 1.-4. by using the most recent
3139 land area data from the decennial census conducted by the Bureau
3140 of the Census of the United States Department of Commerce and
3141 the latest available population estimates determined pursuant to
3142 s. 186.901. If any local government has had an annexation,
3143 contraction, or new incorporation, the Office of Economic and
3144 Demographic Research shall determine the population density
3145 using the new jurisdictional boundaries as recorded in
3146 accordance with s. 171.091. The Office of Economic and
3147 Demographic Research shall annually submit to the state land
3148 planning agency by July 1 a list of jurisdictions that meet the
3149 total population and density criteria. The state land planning
3150 agency shall publish the list of jurisdictions on its website
3151 within 7 days after the list is received. The designation of
3152 jurisdictions that meet the criteria of subparagraphs 1.-4. is
3153 effective upon publication on the state land planning agency’s
3154 website. If a municipality that has previously met the criteria
3155 no longer meets the criteria, the state land planning agency
3156 must maintain the municipality on the list and indicate the year
3157 the jurisdiction last met the criteria. However, any proposed
3158 development of regional impact not within the established
3159 boundaries of a municipality at the time the municipality last
3160 met the criteria must meet the requirements of this section
3161 until the municipality as a whole meets the criteria. Any county
3162 that meets the criteria must remain on the list. Any
3163 jurisdiction that was placed on the dense urban land area list
3164 before June 2, 2011, must remain on the list.
3165 (b) If a municipality that does not qualify as a dense
3166 urban land area pursuant to paragraph (a) designates any of the
3167 following areas in its comprehensive plan, any proposed
3168 development within the designated area is exempt from s. 380.06
3169 unless otherwise required by part II of chapter 163:
3170 1. Urban infill as defined in s. 163.3164;
3171 2. Community redevelopment areas as defined in s. 163.340;
3172 3. Downtown revitalization areas as defined in s. 163.3164;
3173 4. Urban infill and redevelopment under s. 163.2517; or
3174 5. Urban service areas as defined in s. 163.3164 or areas
3175 within a designated urban service area boundary pursuant to s.
3176 163.3177(14), Florida Statutes (2010).
3177 (c) If a county that does not qualify as a dense urban land
3178 area designates any of the following areas in its comprehensive
3179 plan, any proposed development within the designated area is
3180 exempt from the development-of-regional-impact process:
3181 1. Urban infill as defined in s. 163.3164;
3182 2. Urban infill and redevelopment pursuant to s. 163.2517;
3183 or
3184 3. Urban service areas as defined in s. 163.3164.
3185 (d) If any part of the development is located an area that
3186 is exempt from s. 380.06, all of the development is exempt from
3187 s. 380.06.
3188 (e) In an area that is exempt under paragraphs (a), (b),
3189 and (c), any previously approved development-of-regional-impact
3190 development orders shall continue to be effective. However, the
3191 developer has the option to be governed by s. 380.115(1).
3192 (f) If a local government qualifies as a dense urban land
3193 area under this subsection and is subsequently found to be
3194 ineligible for designation as a dense urban land area, any
3195 development located within that area which has a complete,
3196 pending application for authorization to commence development
3197 shall maintain the exemption if the developer is continuing the
3198 application process in good faith or the development is
3199 approved.
3200 (g) This subsection does not limit or modify the rights of
3201 any person to complete any development that has been authorized
3202 as a development of regional impact pursuant to this chapter.
3203 (h) This subsection does not apply to areas:
3204 1. Within the boundary of any area of critical state
3205 concern designated pursuant to s. 380.05;
3206 2. Within the boundary of the Wekiva Study Area as
3207 described in s. 369.316; or
3208 3. Within 2 miles of the boundary of the Everglades
3209 Protection Area as defined in s. 373.4592.
3210 (4) PARTIAL STATUTORY EXEMPTIONS.—
3211 (a) If the binding agreement referenced under paragraph
3212 (2)(l) for urban service boundaries is not entered into within
3213 12 months after establishment of the urban service area
3214 boundary, the review pursuant to s. 380.06(12) for projects
3215 within the urban service area boundary must address
3216 transportation impacts only.
3217 (b) If the binding agreement referenced under paragraph
3218 (2)(m) for rural land stewardship areas is not entered into
3219 within 12 months after the designation of a rural land
3220 stewardship area, the review pursuant to s. 380.06(12) for
3221 projects within the rural land stewardship area must address
3222 transportation impacts only.
3223 (c) If the binding agreement for designated urban infill
3224 and redevelopment areas is not entered into within 12 months
3225 after the designation of the area or July 1, 2007, whichever
3226 occurs later, the review pursuant to s. 380.06(12) for projects
3227 within the urban infill and redevelopment area must address
3228 transportation impacts only.
3229 (d) A local government that does not wish to enter into a
3230 binding agreement or that is unable to agree on the terms of the
3231 agreement referenced under paragraph (2)(l) or paragraph (2)(m)
3232 must provide written notification to the state land planning
3233 agency of the decision to not enter into a binding agreement or
3234 the failure to enter into a binding agreement within the 12
3235 month period referenced in paragraphs (a), (b), and (c).
3236 Following the notification of the state land planning agency, a
3237 review pursuant to s. 380.06(12) for projects within an urban
3238 service area boundary under paragraph (2)(l), or a rural land
3239 stewardship area under paragraph (2)(m), must address
3240 transportation impacts only.
3241 (e) The vesting provision of s. 163.3167(5) relating to an
3242 authorized development of regional impact does not apply to
3243 those projects partially exempt from s. 380.06 under paragraphs
3244 (a)-(d) of this subsection.
3245 (4) Two or more developments, represented by their owners
3246 or developers to be separate developments, shall be aggregated
3247 and treated as a single development under this chapter when they
3248 are determined to be part of a unified plan of development and
3249 are physically proximate to one other.
3250 (a) The criteria of three of the following subparagraphs
3251 must be met in order for the state land planning agency to
3252 determine that there is a unified plan of development:
3253 1.a. The same person has retained or shared control of the
3254 developments;
3255 b. The same person has ownership or a significant legal or
3256 equitable interest in the developments; or
3257 c. There is common management of the developments
3258 controlling the form of physical development or disposition of
3259 parcels of the development.
3260 2. There is a reasonable closeness in time between the
3261 completion of 80 percent or less of one development and the
3262 submission to a governmental agency of a master plan or series
3263 of plans or drawings for the other development which is
3264 indicative of a common development effort.
3265 3. A master plan or series of plans or drawings exists
3266 covering the developments sought to be aggregated which have
3267 been submitted to a local general-purpose government, water
3268 management district, the Florida Department of Environmental
3269 Protection, or the Division of Florida Condominiums, Timeshares,
3270 and Mobile Homes for authorization to commence development. The
3271 existence or implementation of a utility’s master utility plan
3272 required by the Public Service Commission or general-purpose
3273 local government or a master drainage plan shall not be the sole
3274 determinant of the existence of a master plan.
3275 4. There is a common advertising scheme or promotional plan
3276 in effect for the developments sought to be aggregated.
3277 (b) The following activities or circumstances shall not be
3278 considered in determining whether to aggregate two or more
3279 developments:
3280 1. Activities undertaken leading to the adoption or
3281 amendment of any comprehensive plan element described in part II
3282 of chapter 163.
3283 2. The sale of unimproved parcels of land, where the seller
3284 does not retain significant control of the future development of
3285 the parcels.
3286 3. The fact that the same lender has a financial interest,
3287 including one acquired through foreclosure, in two or more
3288 parcels, so long as the lender is not an active participant in
3289 the planning, management, or development of the parcels in which
3290 it has an interest.
3291 4. Drainage improvements that are not designed to
3292 accommodate the types of development listed in the guidelines
3293 and standards contained in or adopted pursuant to this chapter
3294 or which are not designed specifically to accommodate the
3295 developments sought to be aggregated.
3296 (c) Aggregation is not applicable when the following
3297 circumstances and provisions of this chapter apply:
3298 1. Developments that are otherwise subject to aggregation
3299 with a development of regional impact which has received
3300 approval through the issuance of a final development order may
3301 not be aggregated with the approved development of regional
3302 impact. However, this subparagraph does not preclude the state
3303 land planning agency from evaluating an allegedly separate
3304 development as a substantial deviation pursuant to s. 380.06(19)
3305 or as an independent development of regional impact.
3306 2. Two or more developments, each of which is independently
3307 a development of regional impact that has or will obtain a
3308 development order pursuant to s. 380.06.
3309 3. Completion of any development that has been vested
3310 pursuant to s. 380.05 or s. 380.06, including vested rights
3311 arising out of agreements entered into with the state land
3312 planning agency for purposes of resolving vested rights issues.
3313 Development-of-regional-impact review of additions to vested
3314 developments of regional impact shall not include review of the
3315 impacts resulting from the vested portions of the development.
3316 4. The developments sought to be aggregated were authorized
3317 to commence development before September 1, 1988, and could not
3318 have been required to be aggregated under the law existing
3319 before that date.
3320 5. Any development that qualifies for an exemption under s.
3321 380.06(29).
3322 6. Newly acquired lands intended for development in
3323 coordination with a developed and existing development of
3324 regional impact are not subject to aggregation if the newly
3325 acquired lands comprise an area that is equal to or less than 10
3326 percent of the total acreage subject to an existing development
3327 of-regional-impact development order.
3328 (d) The provisions of this subsection shall be applied
3329 prospectively from September 1, 1988. Written decisions,
3330 agreements, and binding letters of interpretation made or issued
3331 by the state land planning agency prior to July 1, 1988, shall
3332 not be affected by this subsection.
3333 (e) In order to encourage developers to design, finance,
3334 donate, or build infrastructure, public facilities, or services,
3335 the state land planning agency may enter into binding agreements
3336 with two or more developers providing that the joint planning,
3337 sharing, or use of specified public infrastructure, facilities,
3338 or services by the developers shall not be considered in any
3339 subsequent determination of whether a unified plan of
3340 development exists for their developments. Such binding
3341 agreements may authorize the developers to pool impact fees or
3342 impact-fee credits, or to enter into front-end agreements, or
3343 other financing arrangements by which they collectively agree to
3344 design, finance, donate, or build such public infrastructure,
3345 facilities, or services. Such agreements shall be conditioned
3346 upon a subsequent determination by the appropriate local
3347 government of consistency with the approved local government
3348 comprehensive plan and land development regulations.
3349 Additionally, the developers must demonstrate that the provision
3350 and sharing of public infrastructure, facilities, or services is
3351 in the public interest and not merely for the benefit of the
3352 developments which are the subject of the agreement.
3353 Developments that are the subject of an agreement pursuant to
3354 this paragraph shall be aggregated if the state land planning
3355 agency determines that sufficient aggregation factors are
3356 present to require aggregation without considering the design
3357 features, financial arrangements, donations, or construction
3358 that are specified in and required by the agreement.
3359 (f) The state land planning agency has authority to adopt
3360 rules pursuant to ss. 120.536(1) and 120.54 to implement the
3361 provisions of this subsection.
3362 Section 4. Section 380.07, Florida Statutes, is amended to
3363 read:
3364 380.07 Florida Land and Water Adjudicatory Commission.—
3365 (1) There is hereby created the Florida Land and Water
3366 Adjudicatory Commission, which shall consist of the
3367 Administration Commission. The commission may adopt rules
3368 necessary to ensure compliance with the area of critical state
3369 concern program and the requirements for developments of
3370 regional impact as set forth in this chapter.
3371 (2) Whenever any local government issues any development
3372 order in any area of critical state concern, or in regard to the
3373 abandonment of any approved development of regional impact,
3374 copies of such orders as prescribed by rule by the state land
3375 planning agency shall be transmitted to the state land planning
3376 agency, the regional planning agency, and the owner or developer
3377 of the property affected by such order. The state land planning
3378 agency shall adopt rules describing development order rendition
3379 and effectiveness in designated areas of critical state concern.
3380 Within 45 days after the order is rendered, the owner, the
3381 developer, or the state land planning agency may appeal the
3382 order to the Florida Land and Water Adjudicatory Commission by
3383 filing a petition alleging that the development order is not
3384 consistent with the provisions of this part. The appropriate
3385 regional planning agency by vote at a regularly scheduled
3386 meeting may recommend that the state land planning agency
3387 undertake an appeal of a development-of-regional-impact
3388 development order. Upon the request of an appropriate regional
3389 planning council, affected local government, or any citizen, the
3390 state land planning agency shall consider whether to appeal the
3391 order and shall respond to the request within the 45-day appeal
3392 period.
3393 (3) Notwithstanding any other provision of law, an appeal
3394 of a development order in an area of critical state concern by
3395 the state land planning agency under this section may include
3396 consistency of the development order with the local
3397 comprehensive plan. However, if a development order relating to
3398 a development of regional impact has been challenged in a
3399 proceeding under s. 163.3215 and a party to the proceeding
3400 serves notice to the state land planning agency of the pending
3401 proceeding under s. 163.3215, the state land planning agency
3402 shall:
3403 (a) Raise its consistency issues by intervening as a full
3404 party in the pending proceeding under s. 163.3215 within 30 days
3405 after service of the notice; and
3406 (b) Dismiss the consistency issues from the development
3407 order appeal.
3408 (4) The appellant shall furnish a copy of the petition to
3409 the opposing party, as the case may be, and to the local
3410 government that issued the order. The filing of the petition
3411 stays the effectiveness of the order until after the completion
3412 of the appeal process.
3413 (5) The 45-day appeal period for a development of regional
3414 impact within the jurisdiction of more than one local government
3415 shall not commence until after all the local governments having
3416 jurisdiction over the proposed development of regional impact
3417 have rendered their development orders. The appellant shall
3418 furnish a copy of the notice of appeal to the opposing party, as
3419 the case may be, and to the local government that which issued
3420 the order. The filing of the notice of appeal stays shall stay
3421 the effectiveness of the order until after the completion of the
3422 appeal process.
3423 (5)(6) Before Prior to issuing an order, the Florida Land
3424 and Water Adjudicatory Commission shall hold a hearing pursuant
3425 to the provisions of chapter 120. The commission shall encourage
3426 the submission of appeals on the record made pursuant to
3427 subsection (7) below in cases in which the development order was
3428 issued after a full and complete hearing before the local
3429 government or an agency thereof.
3430 (6)(7) The Florida Land and Water Adjudicatory Commission
3431 shall issue a decision granting or denying permission to develop
3432 pursuant to the standards of this chapter and may attach
3433 conditions and restrictions to its decisions.
3434 (7)(8) If an appeal is filed with respect to any issues
3435 within the scope of a permitting program authorized by chapter
3436 161, chapter 373, or chapter 403 and for which a permit or
3437 conceptual review approval has been obtained before prior to the
3438 issuance of a development order, any such issue shall be
3439 specifically identified in the notice of appeal which is filed
3440 pursuant to this section, together with other issues that which
3441 constitute grounds for the appeal. The appeal may proceed with
3442 respect to issues within the scope of permitting programs for
3443 which a permit or conceptual review approval has been obtained
3444 before prior to the issuance of a development order only after
3445 the commission determines by majority vote at a regularly
3446 scheduled commission meeting that statewide or regional
3447 interests may be adversely affected by the development. In
3448 making this determination, there is shall be a rebuttable
3449 presumption that statewide and regional interests relating to
3450 issues within the scope of the permitting programs for which a
3451 permit or conceptual approval has been obtained are not
3452 adversely affected.
3453 Section 5. Section 380.115, Florida Statutes, is amended to
3454 read:
3455 380.115 Vested rights and duties; effect of size reduction,
3456 changes in statewide guidelines and standards.—
3457 (1) A change in a development-of-regional-impact guideline
3458 and standard does not abridge or modify any vested or other
3459 right or any duty or obligation pursuant to any development
3460 order or agreement that is applicable to a development of
3461 regional impact. A development that has received a development
3462 of-regional-impact development order pursuant to s. 380.06 but
3463 is no longer required to undergo development-of-regional-impact
3464 review by operation of law may elect a change in the guidelines
3465 and standards, a development that has reduced its size below the
3466 thresholds as specified in s. 380.0651, a development that is
3467 exempt pursuant to s. 380.06(24) or (29), or a development that
3468 elects to rescind the development order pursuant to are governed
3469 by the following procedures:
3470 (1)(a) The development shall continue to be governed by the
3471 development-of-regional-impact development order and may be
3472 completed in reliance upon and pursuant to the development order
3473 unless the developer or landowner has followed the procedures
3474 for rescission in subsection (2) paragraph (b). Any proposed
3475 changes to developments which continue to be governed by a
3476 development-of-regional-impact development order must be
3477 approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
3478 before a change in the development-of-regional-impact guidelines
3479 and standards, except that all percentage criteria are doubled
3480 and all other criteria are increased by 10 percent. The local
3481 government issuing the development order must monitor the
3482 development and enforce the development order. Local governments
3483 may not issue any permits or approvals or provide any extensions
3484 of services if the developer fails to act in substantial
3485 compliance with the development order. The development-of
3486 regional-impact development order may be enforced by the local
3487 government as provided in s. 380.11 ss. 380.06(17) and 380.11.
3488 (2)(b) If requested by the developer or landowner, the
3489 development-of-regional-impact development order shall be
3490 rescinded by the local government having jurisdiction upon a
3491 showing that all required mitigation related to the amount of
3492 development that existed on the date of rescission has been
3493 completed or will be completed under an existing permit or
3494 equivalent authorization issued by a governmental agency as
3495 defined in s. 380.031(6), if such permit or authorization is
3496 subject to enforcement through administrative or judicial
3497 remedies.
3498 (2) A development with an application for development
3499 approval pending, pursuant to s. 380.06, on the effective date
3500 of a change to the guidelines and standards, or a notification
3501 of proposed change pending on the effective date of a change to
3502 the guidelines and standards, may elect to continue such review
3503 pursuant to s. 380.06. At the conclusion of the pending review,
3504 including any appeals pursuant to s. 380.07, the resulting
3505 development order shall be governed by the provisions of
3506 subsection (1).
3507 (3) A landowner that has filed an application for a
3508 development-of-regional-impact review prior to the adoption of a
3509 sector plan pursuant to s. 163.3245 may elect to have the
3510 application reviewed pursuant to s. 380.06, comprehensive plan
3511 provisions in force prior to adoption of the sector plan, and
3512 any requested comprehensive plan amendments that accompany the
3513 application.
3514 Section 6. Paragraph (c) of subsection (1) of section
3515 125.68, Florida Statutes, is amended to read:
3516 125.68 Codification of ordinances; exceptions; public
3517 record.—
3518 (1)
3519 (c) The following ordinances are exempt from codification
3520 and annual publication requirements:
3521 1. Any development agreement, or amendment to such
3522 agreement, adopted by ordinance pursuant to ss. 163.3220
3523 163.3243.
3524 2. Any development order, or amendment to such order,
3525 adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
3526 Section 7. Paragraph (e) of subsection (3), subsection (6),
3527 and subsection (12) of section 163.3245, Florida Statutes, are
3528 amended to read:
3529 163.3245 Sector plans.—
3530 (3) Sector planning encompasses two levels: adoption
3531 pursuant to s. 163.3184 of a long-term master plan for the
3532 entire planning area as part of the comprehensive plan, and
3533 adoption by local development order of two or more detailed
3534 specific area plans that implement the long-term master plan and
3535 within which s. 380.06 is waived.
3536 (e) Whenever a local government issues a development order
3537 approving a detailed specific area plan, a copy of such order
3538 shall be rendered to the state land planning agency and the
3539 owner or developer of the property affected by such order, as
3540 prescribed by rules of the state land planning agency for a
3541 development order for a development of regional impact. Within
3542 45 days after the order is rendered, the owner, the developer,
3543 or the state land planning agency may appeal the order to the
3544 Florida Land and Water Adjudicatory Commission by filing a
3545 petition alleging that the detailed specific area plan is not
3546 consistent with the comprehensive plan or with the long-term
3547 master plan adopted pursuant to this section. The appellant
3548 shall furnish a copy of the petition to the opposing party, as
3549 the case may be, and to the local government that issued the
3550 order. The filing of the petition stays the effectiveness of the
3551 order until after completion of the appeal process. However, if
3552 a development order approving a detailed specific area plan has
3553 been challenged by an aggrieved or adversely affected party in a
3554 judicial proceeding pursuant to s. 163.3215, and a party to such
3555 proceeding serves notice to the state land planning agency, the
3556 state land planning agency shall dismiss its appeal to the
3557 commission and shall have the right to intervene in the pending
3558 judicial proceeding pursuant to s. 163.3215. Proceedings for
3559 administrative review of an order approving a detailed specific
3560 area plan shall be conducted consistent with s. 380.07(5) s.
3561 380.07(6). The commission shall issue a decision granting or
3562 denying permission to develop pursuant to the long-term master
3563 plan and the standards of this part and may attach conditions or
3564 restrictions to its decisions.
3565 (6) An applicant who applied Concurrent with or subsequent
3566 to review and adoption of a long-term master plan pursuant to
3567 paragraph (3)(a), an applicant may apply for master development
3568 approval pursuant to s. 380.06 s. 380.06(21) for the entire
3569 planning area shall remain subject to the master development
3570 order in order to establish a buildout date until which the
3571 approved uses and densities and intensities of use of the master
3572 plan are not subject to downzoning, unit density reduction, or
3573 intensity reduction, unless the developer elects to rescind the
3574 development order pursuant to s. 380.115, the development order
3575 is abandoned pursuant to s. 380.06(11), or the local government
3576 can demonstrate that implementation of the master plan is not
3577 continuing in good faith based on standards established by plan
3578 policy, that substantial changes in the conditions underlying
3579 the approval of the master plan have occurred, that the master
3580 plan was based on substantially inaccurate information provided
3581 by the applicant, or that change is clearly established to be
3582 essential to the public health, safety, or welfare. Review of
3583 the application for master development approval shall be at a
3584 level of detail appropriate for the long-term and conceptual
3585 nature of the long-term master plan and, to the maximum extent
3586 possible, may only consider information provided in the
3587 application for a long-term master plan. Notwithstanding s.
3588 380.06, an increment of development in such an approved master
3589 development plan must be approved by a detailed specific area
3590 plan pursuant to paragraph (3)(b) and is exempt from review
3591 pursuant to s. 380.06.
3592 (12) Notwithstanding s. 380.06, this part, or any planning
3593 agreement or plan policy, a landowner or developer who has
3594 received approval of a master development-of-regional-impact
3595 development order pursuant to s. 380.06(9) s. 380.06(21) may
3596 apply to implement this order by filing one or more applications
3597 to approve a detailed specific area plan pursuant to paragraph
3598 (3)(b).
3599 Section 8. Subsections (11) through (14) of section
3600 163.3246, Florida Statutes, are amended to read:
3601 163.3246 Local government comprehensive planning
3602 certification program.—
3603 (11) If the local government of an area described in
3604 subsection (10) does not request that the state land planning
3605 agency review the developments of regional impact that are
3606 proposed within the certified area, an application for approval
3607 of a development order within the certified area shall be exempt
3608 from review under s. 380.06.
3609 (11)(12) A local government’s certification shall be
3610 reviewed by the local government and the state land planning
3611 agency as part of the evaluation and appraisal process pursuant
3612 to s. 163.3191. Within 1 year after the deadline for the local
3613 government to update its comprehensive plan based on the
3614 evaluation and appraisal, the state land planning agency must
3615 shall renew or revoke the certification. The local government’s
3616 failure to timely adopt necessary amendments to update its
3617 comprehensive plan based on an evaluation and appraisal, which
3618 are found to be in compliance by the state land planning agency,
3619 is shall be cause for revoking the certification agreement. The
3620 state land planning agency’s decision to renew or revoke is
3621 shall be considered agency action subject to challenge under s.
3622 120.569.
3623 (12)(13) The state land planning agency shall, by July 1 of
3624 each odd-numbered year, submit to the Governor, the President of
3625 the Senate, and the Speaker of the House of Representatives a
3626 report listing certified local governments, evaluating the
3627 effectiveness of the certification, and including any
3628 recommendations for legislative actions.
3629 (13)(14) It is the intent of the Legislature to encourage
3630 the creation of connected-city corridors that facilitate the
3631 growth of high-technology industry and innovation through
3632 partnerships that support research, marketing, workforce, and
3633 entrepreneurship. It is the further intent of the Legislature to
3634 provide for a locally controlled, comprehensive plan amendment
3635 process for such projects that are designed to achieve a
3636 cleaner, healthier environment; limit urban sprawl by promoting
3637 diverse but interconnected communities; provide a range of
3638 intergenerational housing types; protect wildlife and natural
3639 areas; assure the efficient use of land and other resources;
3640 create quality communities of a design that promotes alternative
3641 transportation networks and travel by multiple transportation
3642 modes; and enhance the prospects for the creation of jobs. The
3643 Legislature finds and declares that this state’s connected-city
3644 corridors require a reduced level of state and regional
3645 oversight because of their high degree of urbanization and the
3646 planning capabilities and resources of the local government.
3647 (a) Notwithstanding subsections (2), (4), (5), (6), and
3648 (7), Pasco County is named a pilot community and shall be
3649 considered certified for a period of 10 years for connected-city
3650 corridor plan amendments. The state land planning agency shall
3651 provide a written notice of certification to Pasco County by
3652 July 15, 2015, which shall be considered a final agency action
3653 subject to challenge under s. 120.569. The notice of
3654 certification must include:
3655 1. The boundary of the connected-city corridor
3656 certification area; and
3657 2. A requirement that Pasco County submit an annual or
3658 biennial monitoring report to the state land planning agency
3659 according to the schedule provided in the written notice. The
3660 monitoring report must, at a minimum, include the number of
3661 amendments to the comprehensive plan adopted by Pasco County,
3662 the number of plan amendments challenged by an affected person,
3663 and the disposition of such challenges.
3664 (b) A plan amendment adopted under this subsection may be
3665 based upon a planning period longer than the generally
3666 applicable planning period of the Pasco County local
3667 comprehensive plan, must specify the projected population within
3668 the planning area during the chosen planning period, may include
3669 a phasing or staging schedule that allocates a portion of Pasco
3670 County’s future growth to the planning area through the planning
3671 period, and may designate a priority zone or subarea within the
3672 connected-city corridor for initial implementation of the plan.
3673 A plan amendment adopted under this subsection is not required
3674 to demonstrate need based upon projected population growth or on
3675 any other basis.
3676 (c) If Pasco County adopts a long-term transportation
3677 network plan and financial feasibility plan, and subject to
3678 compliance with the requirements of such a plan, the projects
3679 within the connected-city corridor are deemed to have satisfied
3680 all concurrency and other state agency or local government
3681 transportation mitigation requirements except for site-specific
3682 access management requirements.
3683 (d) If Pasco County does not request that the state land
3684 planning agency review the developments of regional impact that
3685 are proposed within the certified area, an application for
3686 approval of a development order within the certified area is
3687 exempt from review under s. 380.06.
3688 (e) The Office of Program Policy Analysis and Government
3689 Accountability (OPPAGA) shall submit to the Governor, the
3690 President of the Senate, and the Speaker of the House of
3691 Representatives by December 1, 2024, a report and
3692 recommendations for implementing a statewide program that
3693 addresses the legislative findings in this subsection. In
3694 consultation with the state land planning agency, OPPAGA shall
3695 develop the report and recommendations with input from other
3696 state and regional agencies, local governments, and interest
3697 groups. OPPAGA shall also solicit citizen input in the
3698 potentially affected areas and consult with the affected local
3699 government and stakeholder groups. Additionally, OPPAGA shall
3700 review local and state actions and correspondence relating to
3701 the pilot program to identify issues of process and substance in
3702 recommending changes to the pilot program. At a minimum, the
3703 report and recommendations must include:
3704 1. Identification of local governments other than the local
3705 government participating in the pilot program which should be
3706 certified. The report may also recommend that a local government
3707 is no longer appropriate for certification; and
3708 2. Changes to the certification pilot program.
3709 Section 9. Subsection (4) of section 189.08, Florida
3710 Statutes, is amended to read:
3711 189.08 Special district public facilities report.—
3712 (4) Those special districts building, improving, or
3713 expanding public facilities addressed by a development order
3714 issued to the developer pursuant to s. 380.06 may use the most
3715 recent local government annual report required by s. 380.06(6)
3716 s. 380.06(15) and (18) and submitted by the developer, to the
3717 extent the annual report provides the information required by
3718 subsection (2).
3719 Section 10. Subsection (2) of section 190.005, Florida
3720 Statutes, is amended to read:
3721 190.005 Establishment of district.—
3722 (2) The exclusive and uniform method for the establishment
3723 of a community development district of less than 2,500 acres in
3724 size or a community development district of up to 7,000 acres in
3725 size located within a connected-city corridor established
3726 pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
3727 an ordinance adopted by the county commission of the county
3728 having jurisdiction over the majority of land in the area in
3729 which the district is to be located granting a petition for the
3730 establishment of a community development district as follows:
3731 (a) A petition for the establishment of a community
3732 development district shall be filed by the petitioner with the
3733 county commission. The petition shall contain the same
3734 information as required in paragraph (1)(a).
3735 (b) A public hearing on the petition shall be conducted by
3736 the county commission in accordance with the requirements and
3737 procedures of paragraph (1)(d).
3738 (c) The county commission shall consider the record of the
3739 public hearing and the factors set forth in paragraph (1)(e) in
3740 making its determination to grant or deny a petition for the
3741 establishment of a community development district.
3742 (d) The county commission may shall not adopt any ordinance
3743 which would expand, modify, or delete any provision of the
3744 uniform community development district charter as set forth in
3745 ss. 190.006-190.041. An ordinance establishing a community
3746 development district shall only include the matters provided for
3747 in paragraph (1)(f) unless the commission consents to any of the
3748 optional powers under s. 190.012(2) at the request of the
3749 petitioner.
3750 (e) If all of the land in the area for the proposed
3751 district is within the territorial jurisdiction of a municipal
3752 corporation, then the petition requesting establishment of a
3753 community development district under this act shall be filed by
3754 the petitioner with that particular municipal corporation. In
3755 such event, the duties of the county, hereinabove described, in
3756 action upon the petition shall be the duties of the municipal
3757 corporation. If any of the land area of a proposed district is
3758 within the land area of a municipality, the county commission
3759 may not create the district without municipal approval. If all
3760 of the land in the area for the proposed district, even if less
3761 than 2,500 acres, is within the territorial jurisdiction of two
3762 or more municipalities or two or more counties, except for
3763 proposed districts within a connected-city corridor established
3764 pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
3765 be filed with the Florida Land and Water Adjudicatory Commission
3766 and proceed in accordance with subsection (1).
3767 (f) Notwithstanding any other provision of this subsection,
3768 within 90 days after a petition for the establishment of a
3769 community development district has been filed pursuant to this
3770 subsection, the governing body of the county or municipal
3771 corporation may transfer the petition to the Florida Land and
3772 Water Adjudicatory Commission, which shall make the
3773 determination to grant or deny the petition as provided in
3774 subsection (1). A county or municipal corporation shall have no
3775 right or power to grant or deny a petition that has been
3776 transferred to the Florida Land and Water Adjudicatory
3777 Commission.
3778 Section 11. Paragraph (g) of subsection (1) of section
3779 190.012, Florida Statutes, is amended to read:
3780 190.012 Special powers; public improvements and community
3781 facilities.—The district shall have, and the board may exercise,
3782 subject to the regulatory jurisdiction and permitting authority
3783 of all applicable governmental bodies, agencies, and special
3784 districts having authority with respect to any area included
3785 therein, any or all of the following special powers relating to
3786 public improvements and community facilities authorized by this
3787 act:
3788 (1) To finance, fund, plan, establish, acquire, construct
3789 or reconstruct, enlarge or extend, equip, operate, and maintain
3790 systems, facilities, and basic infrastructures for the
3791 following:
3792 (g) Any other project within or without the boundaries of a
3793 district when a local government issued a development order
3794 pursuant to s. 380.06 or s. 380.061 approving or expressly
3795 requiring the construction or funding of the project by the
3796 district, or when the project is the subject of an agreement
3797 between the district and a governmental entity and is consistent
3798 with the local government comprehensive plan of the local
3799 government within which the project is to be located.
3800 Section 12. Paragraph (a) of subsection (1) of section
3801 252.363, Florida Statutes, is amended to read:
3802 252.363 Tolling and extension of permits and other
3803 authorizations.—
3804 (1)(a) The declaration of a state of emergency by the
3805 Governor tolls the period remaining to exercise the rights under
3806 a permit or other authorization for the duration of the
3807 emergency declaration. Further, the emergency declaration
3808 extends the period remaining to exercise the rights under a
3809 permit or other authorization for 6 months in addition to the
3810 tolled period. This paragraph applies to the following:
3811 1. The expiration of a development order issued by a local
3812 government.
3813 2. The expiration of a building permit.
3814 3. The expiration of a permit issued by the Department of
3815 Environmental Protection or a water management district pursuant
3816 to part IV of chapter 373.
3817 4. The buildout date of a development of regional impact,
3818 including any extension of a buildout date that was previously
3819 granted as specified in s. 380.06(7)(c) pursuant to s.
3820 380.06(19)(c).
3821 Section 13. Subsection (4) of section 369.303, Florida
3822 Statutes, is amended to read:
3823 369.303 Definitions.—As used in this part:
3824 (4) “Development of regional impact” means a development
3825 that which is subject to the review procedures established by s.
3826 380.06 or s. 380.065, and s. 380.07.
3827 Section 14. Subsection (1) of section 369.307, Florida
3828 Statutes, is amended to read:
3829 369.307 Developments of regional impact in the Wekiva River
3830 Protection Area; land acquisition.—
3831 (1) Notwithstanding s. 380.06(4) the provisions of s.
3832 380.06(15), the counties shall consider and issue the
3833 development permits applicable to a proposed development of
3834 regional impact which is located partially or wholly within the
3835 Wekiva River Protection Area at the same time as the development
3836 order approving, approving with conditions, or denying a
3837 development of regional impact.
3838 Section 15. Subsection (8) of section 373.236, Florida
3839 Statutes, is amended to read:
3840 373.236 Duration of permits; compliance reports.—
3841 (8) A water management district may issue a permit to an
3842 applicant, as set forth in s. 163.3245(13), for the same period
3843 of time as the applicant’s approved master development order if
3844 the master development order was issued under s. 380.06(9) s.
3845 380.06(21) by a county which, at the time the order was issued,
3846 was designated as a rural area of opportunity under s. 288.0656,
3847 was not located in an area encompassed by a regional water
3848 supply plan as set forth in s. 373.709(1), and was not located
3849 within the basin management action plan of a first magnitude
3850 spring. In reviewing the permit application and determining the
3851 permit duration, the water management district shall apply s.
3852 163.3245(4)(b).
3853 Section 16. Subsection (13) of section 373.414, Florida
3854 Statutes, is amended to read:
3855 373.414 Additional criteria for activities in surface
3856 waters and wetlands.—
3857 (13) Any declaratory statement issued by the department
3858 under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
3859 as amended, or pursuant to rules adopted thereunder, or by a
3860 water management district under s. 373.421, in response to a
3861 petition filed on or before June 1, 1994, shall continue to be
3862 valid for the duration of such declaratory statement. Any such
3863 petition pending on June 1, 1994, shall be exempt from the
3864 methodology ratified in s. 373.4211, but the rules of the
3865 department or the relevant water management district, as
3866 applicable, in effect prior to the effective date of s.
3867 373.4211, shall apply. Until May 1, 1998, activities within the
3868 boundaries of an area subject to a petition pending on June 1,
3869 1994, and prior to final agency action on such petition, shall
3870 be reviewed under the rules adopted pursuant to ss. 403.91
3871 403.929, 1984 Supplement to the Florida Statutes 1983, as
3872 amended, and this part, in existence prior to the effective date
3873 of the rules adopted under subsection (9), unless the applicant
3874 elects to have such activities reviewed under the rules adopted
3875 under this part, as amended in accordance with subsection (9).
3876 In the event that a jurisdictional declaratory statement
3877 pursuant to the vegetative index in effect prior to the
3878 effective date of chapter 84-79, Laws of Florida, has been
3879 obtained and is valid prior to the effective date of the rules
3880 adopted under subsection (9) or July 1, 1994, whichever is
3881 later, and the affected lands are part of a project for which a
3882 master development order has been issued pursuant to s.
3883 380.06(9) s. 380.06(21), the declaratory statement shall remain
3884 valid for the duration of the buildout period of the project.
3885 Any jurisdictional determination validated by the department
3886 pursuant to rule 17-301.400(8), Florida Administrative Code, as
3887 it existed in rule 17-4.022, Florida Administrative Code, on
3888 April 1, 1985, shall remain in effect for a period of 5 years
3889 following the effective date of this act if proof of such
3890 validation is submitted to the department prior to January 1,
3891 1995. In the event that a jurisdictional determination has been
3892 revalidated by the department pursuant to this subsection and
3893 the affected lands are part of a project for which a development
3894 order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
3895 final development order to which s. 163.3167(5) applies has been
3896 issued, or a vested rights determination has been issued
3897 pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
3898 determination shall remain valid until the completion of the
3899 project, provided proof of such validation and documentation
3900 establishing that the project meets the requirements of this
3901 sentence are submitted to the department prior to January 1,
3902 1995. Activities proposed within the boundaries of a valid
3903 declaratory statement issued pursuant to a petition submitted to
3904 either the department or the relevant water management district
3905 on or before June 1, 1994, or a revalidated jurisdictional
3906 determination, prior to its expiration shall continue thereafter
3907 to be exempt from the methodology ratified in s. 373.4211 and to
3908 be reviewed under the rules adopted pursuant to ss. 403.91
3909 403.929, 1984 Supplement to the Florida Statutes 1983, as
3910 amended, and this part, in existence prior to the effective date
3911 of the rules adopted under subsection (9), unless the applicant
3912 elects to have such activities reviewed under the rules adopted
3913 under this part, as amended in accordance with subsection (9).
3914 Section 17. Subsection (5) of section 378.601, Florida
3915 Statutes, is amended to read:
3916 378.601 Heavy minerals.—
3917 (5) Any heavy mineral mining operation which annually mines
3918 less than 500 acres and whose proposed consumption of water is 3
3919 million gallons per day or less may shall not be subject
3920 required to undergo development of regional impact review
3921 pursuant to s. 380.06, provided permits and plan approvals
3922 pursuant to either this section and part IV of chapter 373, or
3923 s. 378.901, are issued.
3924 Section 18. Section 380.065, Florida Statutes, is repealed.
3925 Section 19. Paragraph (a) of subsection (2) of section
3926 380.11, Florida Statutes, is amended to read:
3927 380.11 Enforcement; procedures; remedies.—
3928 (2) ADMINISTRATIVE REMEDIES.—
3929 (a) If the state land planning agency has reason to believe
3930 a violation of this part or any rule, development order, or
3931 other order issued hereunder or of any agreement entered into
3932 under s. 380.032(3) or s. 380.06(8) has occurred or is about to
3933 occur, it may institute an administrative proceeding pursuant to
3934 this section to prevent, abate, or control the conditions or
3935 activity creating the violation.
3936 Section 20. Paragraph (b) of subsection (2) of section
3937 403.524, Florida Statutes, is amended to read:
3938 403.524 Applicability; certification; exemptions.—
3939 (2) Except as provided in subsection (1), construction of a
3940 transmission line may not be undertaken without first obtaining
3941 certification under this act, but this act does not apply to:
3942 (b) Transmission lines that have been exempted by a binding
3943 letter of interpretation issued under s. 380.06(3) s. 380.06(4),
3944 or in which the Department of Economic Opportunity or its
3945 predecessor agency has determined the utility to have vested
3946 development rights within the meaning of s. 380.05(18) or s.
3947 380.06(8) s. 380.06(20).
3948 Section 21. (1) The rules adopted by the state land
3949 planning agency to ensure uniform review of developments of
3950 regional impact by the state land planning agency and regional
3951 planning agencies and codified in chapter 73C-40, Florida
3952 Administrative Code, are repealed.
3953 (2) The rules adopted by the Administration Commission, as
3954 defined in s. 380.031, Florida Statutes, regarding whether two
3955 or more developments, represented by their owners or developers
3956 to be separate developments, shall be aggregated and treated as
3957 a single development under chapter 380, Florida Statutes, are
3958 repealed.
3959 Section 22. The Division of Law Revision and Information is
3960 directed to replace the phrase “the effective date of this act”
3961 where it occurs in this act with the date this act takes effect.
3962 Section 23. This act shall take effect upon becoming a law.
