Bill Text: FL S1244 | 2018 | Regular Session | Comm Sub
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-Comm_Sub.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-Comm_Sub.html
Florida Senate - 2018 CS for SB 1244
By the Committee on Community Affairs; and Senator Lee
578-02388-18 20181244c1
1 A bill to be entitled
2 An act relating to growth management; amending s.
3 165.0615, F.S.; adding a minimum population standard
4 as a criteria that must be met before qualified
5 electors of an independent special district commence a
6 certain municipal conversion proceeding; amending s.
7 380.06, F.S.; revising the statewide guidelines and
8 standards for developments of regional impact;
9 deleting criteria that the Administration Commission
10 is required to consider in adopting its guidelines and
11 standards; revising provisions relating to the
12 application of guidelines and standards; revising
13 provisions relating to variations and thresholds for
14 such guidelines and standards; deleting provisions
15 relating to the issuance of binding letters;
16 specifying that previously issued letters remain valid
17 unless previously expired; specifying the procedure
18 for amending a binding letter of interpretation;
19 specifying that previously issued clearance letters
20 remain valid unless previously expired; deleting
21 provisions relating to authorizations to develop,
22 applications for approval of development, concurrent
23 plan amendments, preapplication procedures,
24 preliminary development agreements, conceptual agency
25 review, application sufficiency, local notice,
26 regional reports, and criteria for the approval of
27 developments inside and outside areas of critical
28 state concern; revising provisions relating to local
29 government development orders; specifying that
30 amendments to a development order for an approved
31 development may not alter the dates before which a
32 development would be subject to downzoning, unit
33 density reduction, or intensity reduction, except
34 under certain conditions; removing a requirement that
35 certain conditions of a development order meet
36 specified criteria; specifying that construction of
37 certain mitigation-of-impact facilities is not subject
38 to competitive bidding or competitive negotiation for
39 selection of a contractor or design professional;
40 removing requirements relating to local government
41 approval of developments of regional impact that do
42 not meet certain requirements; removing a requirement
43 that the Department of Economic Opportunity and other
44 agencies cooperate in preparing certain ordinances;
45 authorizing developers to record notice of certain
46 rescinded development orders; specifying that certain
47 agreements regarding developments that are essentially
48 built out remain valid unless previously expired;
49 deleting requirements for a local government to issue
50 a permit for a development subsequent to the buildout
51 date contained in the development order; specifying
52 that amendments to development orders do not diminish
53 or otherwise alter certain credits for a development
54 order exaction or fee against impact fees, mobility
55 fees, or exactions; deleting a provision relating to
56 the determination of certain credits for impact fees
57 or extractions; deleting a provision exempting a
58 nongovernmental developer from being required to
59 competitively bid or negotiate construction or design
60 of certain facilities except under certain
61 circumstances; specifying that certain capital
62 contribution front-ending agreements remain valid
63 unless previously expired; deleting a provision
64 relating to local monitoring; revising requirements
65 for developers regarding reporting to local
66 governments and specifying that such reports are not
67 required unless required by a local government with
68 jurisdiction over a development; revising the
69 requirements and procedure for proposed changes to a
70 previously approved development of regional impact and
71 deleting rulemaking requirements relating to such
72 procedure; revising provisions relating to the
73 approval of such changes; specifying that certain
74 extensions previously granted by statute are still
75 valid and not subject to review or modification;
76 deleting provisions relating to determinations as to
77 whether a proposed change is a substantial deviation;
78 deleting provisions relating to comprehensive
79 development-of-regional-impact applications and master
80 plan development orders; specifying that certain
81 agreements that include two or more developments of
82 regional impact which were the subject of a
83 comprehensive development-of-regional-impact
84 application remain valid unless previously expired;
85 deleting provisions relating to downtown development
86 authorities; deleting provisions relating to adoption
87 of rules by the state land planning agency; deleting
88 statutory exemptions from development-of-regional
89 impact review; specifying that an approval of an
90 authorized developer for an areawide development of
91 regional impact remains valid unless previously
92 expired; deleting provisions relating to areawide
93 developments of regional impact; deleting an
94 authorization for the state land planning agency to
95 adopt rules relating to abandonment of developments of
96 regional impact; requiring local governments to file a
97 notice of abandonment under certain conditions;
98 deleting an authorization for the state land planning
99 agency to adopt a procedure for filing such notice;
100 requiring a development-of-regional-impact development
101 order to be abandoned by a local government under
102 certain conditions; deleting a provision relating to
103 abandonment of developments of regional impact in
104 certain high-hazard coastal areas; authorizing local
105 governments to approve abandonment of development
106 orders for an approved development under certain
107 conditions; deleting a provision relating to rights,
108 responsibilities, and obligations under a development
109 order; deleting partial exemptions from development-of
110 regional-impact review; deleting exemptions for dense
111 urban land areas; specifying that proposed
112 developments that exceed the statewide guidelines and
113 standards and that are not otherwise exempt be
114 approved by local governments instead of through
115 specified development-of-regional-impact proceedings;
116 amending s. 380.061, F.S.; specifying that the Florida
117 Quality Developments program only applies to
118 previously approved developments in the program before
119 the effective date of the act; specifying a process
120 for local governments to adopt a local development
121 order to replace and supersede the development order
122 adopted by the state land planning agency for the
123 Florida Quality Developments; deleting program intent,
124 eligibility requirements, rulemaking authorizations,
125 and application and approval requirements and
126 processes; deleting an appeals process and the Quality
127 Developments Review Board; amending s. 380.0651, F.S.;
128 deleting provisions relating to the superseding of
129 guidelines and standards adopted by the Administration
130 Commission and the publishing of guidelines and
131 standards by the Administration Commission; conforming
132 a provision to changes made by the act; specifying
133 exemptions and partial exemptions from development-of
134 regional-impact review; deleting provisions relating
135 to determining whether there is a unified plan of
136 development; deleting provisions relating to the
137 circumstances where developments should be aggregated;
138 deleting a provision relating to prospective
139 application of certain provisions; deleting a
140 provision authorizing state land planning agencies to
141 enter into agreements for the joint planning, sharing,
142 or use of specified public infrastructure, facilities,
143 or services by developers; deleting an authorization
144 for the state land planning agency to adopt rules;
145 amending s. 380.07, F.S.; deleting an authorization
146 for the Florida Land and Water Adjudicatory Commission
147 to adopt rules regarding the requirements for
148 developments of regional impact; revising when a local
149 government must transmit a development order to the
150 state land planning agency, the regional planning
151 agency, and the owner or developer of the property
152 affected by such order; deleting a process for
153 regional planning agencies to undertake appeals of
154 development-of-regional-impact development orders;
155 revising a process for appealing development orders
156 for consistency with a local comprehensive plan to be
157 available only for developments in areas of critical
158 state concern; deleting a procedure regarding certain
159 challenges to development orders relating to
160 developments of regional impact; amending s. 380.115,
161 F.S.; deleting a provision relating to changes in
162 development-of-regional-impact guidelines and
163 standards and the impact of such changes on vested
164 rights, duties, and obligations pursuant to any
165 development order or agreement; requiring local
166 governments to monitor and enforce development orders
167 and prohibiting local governments from issuing
168 permits, approvals, or extensions of services if a
169 developer does not act in substantial compliance with
170 an order; deleting provisions relating to changes in
171 development of regional impact guidelines and
172 standards and their impact on the development approval
173 process; amending s. 125.68, F.S.; conforming a cross
174 reference; amending s. 163.3245, F.S.; conforming
175 cross-references; conforming provisions to changes
176 made by the act; revising the circumstances in which
177 applicants who apply for master development approval
178 for an entire planning area must remain subject to a
179 master development order; specifying an exception;
180 deleting a provision relating to the level of review
181 for applications for master development approval;
182 amending s. 163.3246, F.S.; conforming provisions to
183 changes made by the act; conforming cross-references;
184 amending s. 189.08, F.S.; conforming a cross
185 reference; conforming a provision to changes made by
186 the act; amending s. 190.005, F.S.; conforming cross
187 references; amending ss. 190.012 and 252.363, F.S.;
188 conforming cross-references; amending s. 369.303,
189 F.S.; conforming a provision to changes made by the
190 act; amending ss. 369.307, 373.236, and 373.414, F.S.;
191 conforming cross-references; amending s. 378.601,
192 F.S.; conforming a provision to changes made by the
193 act; repealing s. 380.065, F.S., relating to a process
194 to allow local governments to request certification to
195 review developments of regional impact that are
196 located within their jurisdictions in lieu of the
197 regional review requirements; amending ss. 380.11 and
198 403.524, F.S.; conforming cross-references; repealing
199 specified rules regarding uniform review of
200 developments of regional impact by the state land
201 planning agency and regional planning agencies;
202 repealing the rules adopted by the Administration
203 Commission regarding whether two or more developments,
204 represented by their owners or developers to be
205 separate developments, shall be aggregated; providing
206 a directive to the Division of Law Revision and
207 Information; providing an effective date.
208
209 Be It Enacted by the Legislature of the State of Florida:
210
211 Section 1. Subsection (1) of section 165.0615, Florida
212 Statutes, is amended to read:
213 165.0615 Municipal conversion of independent special
214 districts upon elector-initiated and approved referendum.—
215 (1) The qualified electors of an independent special
216 district may commence a municipal conversion proceeding by
217 filing a petition with the governing body of the independent
218 special district proposed to be converted if the district meets
219 all of the following criteria:
220 (a) It was created by special act of the Legislature.
221 (b) It is designated as an improvement district and created
222 pursuant to chapter 298 or is designated as a stewardship
223 district and created pursuant to s. 189.031.
224 (c) Its governing board is elected.
225 (d) Its governing board agrees to the conversion.
226 (e) It provides at least four of the following municipal
227 services: water, sewer, solid waste, drainage, roads,
228 transportation, public works, fire and rescue, street lighting,
229 parks and recreation, or library or cultural facilities.
230 (f) No portion of the district is located within the
231 jurisdictional limits of a municipality.
232 (g) It meets the minimum population standards specified in
233 s. 165.061(1)(b).
234 Section 2. Section 380.06, Florida Statutes, is amended to
235 read:
236 380.06 Developments of regional impact.—
237 (1) DEFINITION.—The term “development of regional impact,”
238 as used in this section, means any development that which,
239 because of its character, magnitude, or location, would have a
240 substantial effect upon the health, safety, or welfare of
241 citizens of more than one county.
242 (2) STATEWIDE GUIDELINES AND STANDARDS.—
243 (a) The statewide guidelines and standards and the
244 exemptions specified in s. 380.0651 and the statewide guidelines
245 and standards adopted by the Administration Commission and
246 codified in chapter 28-24, Florida Administrative Code, must be
247 state land planning agency shall recommend to the Administration
248 Commission specific statewide guidelines and standards for
249 adoption pursuant to this subsection. The Administration
250 Commission shall by rule adopt statewide guidelines and
251 standards to be used in determining whether particular
252 developments are subject to the requirements of subsection (12)
253 shall undergo development-of-regional-impact review. The
254 statewide guidelines and standards previously adopted by the
255 Administration Commission and approved by the Legislature shall
256 remain in effect unless revised pursuant to this section or
257 superseded or repealed by statute by other provisions of law.
258 (b) In adopting its guidelines and standards, the
259 Administration Commission shall consider and shall be guided by:
260 1. The extent to which the development would create or
261 alleviate environmental problems such as air or water pollution
262 or noise.
263 2. The amount of pedestrian or vehicular traffic likely to
264 be generated.
265 3. The number of persons likely to be residents, employees,
266 or otherwise present.
267 4. The size of the site to be occupied.
268 5. The likelihood that additional or subsidiary development
269 will be generated.
270 6. The extent to which the development would create an
271 additional demand for, or additional use of, energy, including
272 the energy requirements of subsidiary developments.
273 7. The unique qualities of particular areas of the state.
274 (c) With regard to the changes in the guidelines and
275 standards authorized pursuant to this act, in determining
276 whether a proposed development must comply with the review
277 requirements of this section, the state land planning agency
278 shall apply the guidelines and standards which were in effect
279 when the developer received authorization to commence
280 development from the local government. If a developer has not
281 received authorization to commence development from the local
282 government prior to the effective date of new or amended
283 guidelines and standards, the new or amended guidelines and
284 standards shall apply.
285 (d) The statewide guidelines and standards shall be applied
286 as follows:
287 (a)1. Fixed thresholds.—
288 a. A development that is below 100 percent of all numerical
289 thresholds in the statewide guidelines and standards is not
290 subject to subsection (12) is not required to undergo
291 development-of-regional-impact review.
292 (b)b. A development that is at or above 100 120 percent of
293 any numerical threshold in the statewide guidelines and
294 standards is subject to subsection (12) shall be required to
295 undergo development-of-regional-impact review.
296 c. Projects certified under s. 403.973 which create at
297 least 100 jobs and meet the criteria of the Department of
298 Economic Opportunity as to their impact on an area’s economy,
299 employment, and prevailing wage and skill levels that are at or
300 below 100 percent of the numerical thresholds for industrial
301 plants, industrial parks, distribution, warehousing or
302 wholesaling facilities, office development or multiuse projects
303 other than residential, as described in s. 380.0651(3)(c) and
304 (f) are not required to undergo development-of-regional-impact
305 review.
306 2. Rebuttable presumption.—It shall be presumed that a
307 development that is at 100 percent or between 100 and 120
308 percent of a numerical threshold shall be required to undergo
309 development-of-regional-impact review.
310 (e) With respect to residential, hotel, motel, office, and
311 retail developments, the applicable guidelines and standards
312 shall be increased by 50 percent in urban central business
313 districts and regional activity centers of jurisdictions whose
314 local comprehensive plans are in compliance with part II of
315 chapter 163. With respect to multiuse developments, the
316 applicable individual use guidelines and standards for
317 residential, hotel, motel, office, and retail developments and
318 multiuse guidelines and standards shall be increased by 100
319 percent in urban central business districts and regional
320 activity centers of jurisdictions whose local comprehensive
321 plans are in compliance with part II of chapter 163, if one land
322 use of the multiuse development is residential and amounts to
323 not less than 35 percent of the jurisdiction’s applicable
324 residential threshold. With respect to resort or convention
325 hotel developments, the applicable guidelines and standards
326 shall be increased by 150 percent in urban central business
327 districts and regional activity centers of jurisdictions whose
328 local comprehensive plans are in compliance with part II of
329 chapter 163 and where the increase is specifically for a
330 proposed resort or convention hotel located in a county with a
331 population greater than 500,000 and the local government
332 specifically designates that the proposed resort or convention
333 hotel development will serve an existing convention center of
334 more than 250,000 gross square feet built before July 1, 1992.
335 The applicable guidelines and standards shall be increased by
336 150 percent for development in any area designated by the
337 Governor as a rural area of opportunity pursuant to s. 288.0656
338 during the effectiveness of the designation.
339 (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
340 STANDARDS.—The state land planning agency, a regional planning
341 agency, or a local government may petition the Administration
342 Commission to increase or decrease the numerical thresholds of
343 any statewide guideline and standard. The state land planning
344 agency or the regional planning agency may petition for an
345 increase or decrease for a particular local government’s
346 jurisdiction or a part of a particular jurisdiction. A local
347 government may petition for an increase or decrease within its
348 jurisdiction or a part of its jurisdiction. A number of requests
349 may be combined in a single petition.
350 (a) When a petition is filed, the state land planning
351 agency shall have no more than 180 days to prepare and submit to
352 the Administration Commission a report and recommendations on
353 the proposed variation. The report shall evaluate, and the
354 Administration Commission shall consider, the following
355 criteria:
356 1. Whether the local government has adopted and effectively
357 implemented a comprehensive plan that reflects and implements
358 the goals and objectives of an adopted state comprehensive plan.
359 2. Any applicable policies in an adopted strategic regional
360 policy plan.
361 3. Whether the local government has adopted and effectively
362 implemented both a comprehensive set of land development
363 regulations, which regulations shall include a planned unit
364 development ordinance, and a capital improvements plan that are
365 consistent with the local government comprehensive plan.
366 4. Whether the local government has adopted and effectively
367 implemented the authority and the fiscal mechanisms for
368 requiring developers to meet development order conditions.
369 5. Whether the local government has adopted and effectively
370 implemented and enforced satisfactory development review
371 procedures.
372 (b) The affected regional planning agency, adjoining local
373 governments, and the local government shall be given a
374 reasonable opportunity to submit recommendations to the
375 Administration Commission regarding any such proposed
376 variations.
377 (c) The Administration Commission shall have authority to
378 increase or decrease a threshold in the statewide guidelines and
379 standards up to 50 percent above or below the statewide
380 presumptive threshold. The commission may from time to time
381 reconsider changed thresholds and make additional variations as
382 it deems necessary.
383 (d) The Administration Commission shall adopt rules setting
384 forth the procedures for submission and review of petitions
385 filed pursuant to this subsection.
386 (e) Variations to guidelines and standards adopted by the
387 Administration Commission under this subsection shall be
388 transmitted on or before March 1 to the President of the Senate
389 and the Speaker of the House of Representatives for presentation
390 at the next regular session of the Legislature. Unless approved
391 as submitted by general law, the revisions shall not become
392 effective.
393 (3)(4) BINDING LETTER.—
394 (a) Any binding letter previously issued to a developer by
395 the state land planning agency as to If any developer is in
396 doubt whether his or her proposed development must undergo
397 development-of-regional-impact review under the guidelines and
398 standards, whether his or her rights have vested pursuant to
399 subsection (8) (20), or whether a proposed substantial change to
400 a development of regional impact concerning which rights had
401 previously vested pursuant to subsection (8) (20) would divest
402 such rights, remains valid unless it expired on or before the
403 effective date of this act the developer may request a
404 determination from the state land planning agency. The developer
405 or the appropriate local government having jurisdiction may
406 request that the state land planning agency determine whether
407 the amount of development that remains to be built in an
408 approved development of regional impact meets the criteria of
409 subparagraph (15)(g)3.
410 (b) Upon a request by the developer, a binding letter of
411 interpretation regarding which rights had previously vested in a
412 development of regional impact may be amended by the local
413 government of jurisdiction, based on standards and procedures in
414 the adopted local comprehensive plan or the adopted local land
415 development code, to reflect a change to the plan of development
416 and modification of vested rights, provided that any such
417 amendment to a binding letter of vested rights must be
418 consistent with s. 163.3167(5). Review of a request for an
419 amendment to a binding letter of vested rights may not include a
420 review of the impacts created by previously vested portions of
421 the development Unless a developer waives the requirements of
422 this paragraph by agreeing to undergo development-of-regional
423 impact review pursuant to this section, the state land planning
424 agency or local government with jurisdiction over the land on
425 which a development is proposed may require a developer to
426 obtain a binding letter if the development is at a presumptive
427 numerical threshold or up to 20 percent above a numerical
428 threshold in the guidelines and standards.
429 (c) Any local government may petition the state land
430 planning agency to require a developer of a development located
431 in an adjacent jurisdiction to obtain a binding letter of
432 interpretation. The petition shall contain facts to support a
433 finding that the development as proposed is a development of
434 regional impact. This paragraph shall not be construed to grant
435 standing to the petitioning local government to initiate an
436 administrative or judicial proceeding pursuant to this chapter.
437 (d) A request for a binding letter of interpretation shall
438 be in writing and in such form and content as prescribed by the
439 state land planning agency. Within 15 days of receiving an
440 application for a binding letter of interpretation or a
441 supplement to a pending application, the state land planning
442 agency shall determine and notify the applicant whether the
443 information in the application is sufficient to enable the
444 agency to issue a binding letter or shall request any additional
445 information needed. The applicant shall either provide the
446 additional information requested or shall notify the state land
447 planning agency in writing that the information will not be
448 supplied and the reasons therefor. If the applicant does not
449 respond to the request for additional information within 120
450 days, the application for a binding letter of interpretation
451 shall be deemed to be withdrawn. Within 35 days after
452 acknowledging receipt of a sufficient application, or of
453 receiving notification that the information will not be
454 supplied, the state land planning agency shall issue a binding
455 letter of interpretation with respect to the proposed
456 development. A binding letter of interpretation issued by the
457 state land planning agency shall bind all state, regional, and
458 local agencies, as well as the developer.
459 (e) In determining whether a proposed substantial change to
460 a development of regional impact concerning which rights had
461 previously vested pursuant to subsection (20) would divest such
462 rights, the state land planning agency shall review the proposed
463 change within the context of:
464 1. Criteria specified in paragraph (19)(b);
465 2. Its conformance with any adopted state comprehensive
466 plan and any rules of the state land planning agency;
467 3. All rights and obligations arising out of the vested
468 status of such development;
469 4. Permit conditions or requirements imposed by the
470 Department of Environmental Protection or any water management
471 district created by s. 373.069 or any of their successor
472 agencies or by any appropriate federal regulatory agency; and
473 5. Any regional impacts arising from the proposed change.
474 (f) If a proposed substantial change to a development of
475 regional impact concerning which rights had previously vested
476 pursuant to subsection (20) would result in reduced regional
477 impacts, the change shall not divest rights to complete the
478 development pursuant to subsection (20). Furthermore, where all
479 or a portion of the development of regional impact for which
480 rights had previously vested pursuant to subsection (20) is
481 demolished and reconstructed within the same approximate
482 footprint of buildings and parking lots, so that any change in
483 the size of the development does not exceed the criteria of
484 paragraph (19)(b), such demolition and reconstruction shall not
485 divest the rights which had vested.
486 (c)(g) Every binding letter determining that a proposed
487 development is not a development of regional impact, but not
488 including binding letters of vested rights or of modification of
489 vested rights, shall expire and become void unless the plan of
490 development has been substantially commenced within:
491 1. Three years from October 1, 1985, for binding letters
492 issued prior to the effective date of this act; or
493 2. Three years from the date of issuance of binding letters
494 issued on or after October 1, 1985.
495 (d)(h) The expiration date of a binding letter begins,
496 established pursuant to paragraph (g), shall begin to run after
497 final disposition of all administrative and judicial appeals of
498 the binding letter and may be extended by mutual agreement of
499 the state land planning agency, the local government of
500 jurisdiction, and the developer.
501 (e)(i) In response to an inquiry from a developer or the
502 appropriate local government having jurisdiction, the state land
503 planning agency may issue An informal determination by the state
504 land planning agency, in the form of a clearance letter as to
505 whether a development is required to undergo development-of
506 regional-impact review or whether the amount of development that
507 remains to be built in an approved development of regional
508 impact, remains valid unless it expired on or before the
509 effective date of this act meets the criteria of subparagraph
510 (15)(g)3. A clearance letter may be based solely on the
511 information provided by the developer, and the state land
512 planning agency is not required to conduct an investigation of
513 that information. If any material information provided by the
514 developer is incomplete or inaccurate, the clearance letter is
515 not binding upon the state land planning agency. A clearance
516 letter does not constitute final agency action.
517 (5) AUTHORIZATION TO DEVELOP.—
518 (a)1. A developer who is required to undergo development
519 of-regional-impact review may undertake a development of
520 regional impact if the development has been approved under the
521 requirements of this section.
522 2. If the land on which the development is proposed is
523 within an area of critical state concern, the development must
524 also be approved under the requirements of s. 380.05.
525 (b) State or regional agencies may inquire whether a
526 proposed project is undergoing or will be required to undergo
527 development-of-regional-impact review. If a project is
528 undergoing or will be required to undergo development-of
529 regional-impact review, any state or regional permit necessary
530 for the construction or operation of the project that is valid
531 for 5 years or less shall take effect, and the period of time
532 for which the permit is valid shall begin to run, upon
533 expiration of the time allowed for an administrative appeal of
534 the development or upon final action following an administrative
535 appeal or judicial review, whichever is later. However, if the
536 application for development approval is not filed within 18
537 months after the issuance of the permit, the time of validity of
538 the permit shall be considered to be from the date of issuance
539 of the permit. If a project is required to obtain a binding
540 letter under subsection (4), any state or regional agency permit
541 necessary for the construction or operation of the project that
542 is valid for 5 years or less shall take effect, and the period
543 of time for which the permit is valid shall begin to run, only
544 after the developer obtains a binding letter stating that the
545 project is not required to undergo development-of-regional
546 impact review or after the developer obtains a development order
547 pursuant to this section.
548 (c) Prior to the issuance of a final development order, the
549 developer may elect to be bound by the rules adopted pursuant to
550 chapters 373 and 403 in effect when such development order is
551 issued. The rules adopted pursuant to chapters 373 and 403 in
552 effect at the time such development order is issued shall be
553 applicable to all applications for permits pursuant to those
554 chapters and which are necessary for and consistent with the
555 development authorized in such development order, except that a
556 later adopted rule shall be applicable to an application if:
557 1. The later adopted rule is determined by the rule
558 adopting agency to be essential to the public health, safety, or
559 welfare;
560 2. The later adopted rule is adopted pursuant to s.
561 403.061(27);
562 3. The later adopted rule is being adopted pursuant to a
563 subsequently enacted statutorily mandated program;
564 4. The later adopted rule is mandated in order for the
565 state to maintain delegation of a federal program; or
566 5. The later adopted rule is required by state or federal
567 law.
568 (d) The provision of day care service facilities in
569 developments approved pursuant to this section is permissible
570 but is not required.
571
572 Further, in order for any developer to apply for permits
573 pursuant to this provision, the application must be filed within
574 5 years from the issuance of the final development order and the
575 permit shall not be effective for more than 8 years from the
576 issuance of the final development order. Nothing in this
577 paragraph shall be construed to alter or change any permitting
578 agency’s authority to approve permits or to determine applicable
579 criteria for longer periods of time.
580 (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
581 PLAN AMENDMENTS.—
582 (a) Prior to undertaking any development, a developer that
583 is required to undergo development-of-regional-impact review
584 shall file an application for development approval with the
585 appropriate local government having jurisdiction. The
586 application shall contain, in addition to such other matters as
587 may be required, a statement that the developer proposes to
588 undertake a development of regional impact as required under
589 this section.
590 (b) Any local government comprehensive plan amendments
591 related to a proposed development of regional impact, including
592 any changes proposed under subsection (19), may be initiated by
593 a local planning agency or the developer and must be considered
594 by the local governing body at the same time as the application
595 for development approval using the procedures provided for local
596 plan amendment in s. 163.3184 and applicable local ordinances,
597 without regard to local limits on the frequency of consideration
598 of amendments to the local comprehensive plan. This paragraph
599 does not require favorable consideration of a plan amendment
600 solely because it is related to a development of regional
601 impact. The procedure for processing such comprehensive plan
602 amendments is as follows:
603 1. If a developer seeks a comprehensive plan amendment
604 related to a development of regional impact, the developer must
605 so notify in writing the regional planning agency, the
606 applicable local government, and the state land planning agency
607 no later than the date of preapplication conference or the
608 submission of the proposed change under subsection (19).
609 2. When filing the application for development approval or
610 the proposed change, the developer must include a written
611 request for comprehensive plan amendments that would be
612 necessitated by the development-of-regional-impact approvals
613 sought. That request must include data and analysis upon which
614 the applicable local government can determine whether to
615 transmit the comprehensive plan amendment pursuant to s.
616 163.3184.
617 3. The local government must advertise a public hearing on
618 the transmittal within 30 days after filing the application for
619 development approval or the proposed change and must make a
620 determination on the transmittal within 60 days after the
621 initial filing unless that time is extended by the developer.
622 4. If the local government approves the transmittal,
623 procedures set forth in s. 163.3184 must be followed.
624 5. Notwithstanding subsection (11) or subsection (19), the
625 local government may not hold a public hearing on the
626 application for development approval or the proposed change or
627 on the comprehensive plan amendments sooner than 30 days after
628 reviewing agency comments are due to the local government
629 pursuant to s. 163.3184.
630 6. The local government must hear both the application for
631 development approval or the proposed change and the
632 comprehensive plan amendments at the same hearing. However, the
633 local government must take action separately on the application
634 for development approval or the proposed change and on the
635 comprehensive plan amendments.
636 7. Thereafter, the appeal process for the local government
637 development order must follow the provisions of s. 380.07, and
638 the compliance process for the comprehensive plan amendments
639 must follow the provisions of s. 163.3184.
640 (7) PREAPPLICATION PROCEDURES.—
641 (a) Before filing an application for development approval,
642 the developer shall contact the regional planning agency having
643 jurisdiction over the proposed development to arrange a
644 preapplication conference. Upon the request of the developer or
645 the regional planning agency, other affected state and regional
646 agencies shall participate in this conference and shall identify
647 the types of permits issued by the agencies, the level of
648 information required, and the permit issuance procedures as
649 applied to the proposed development. The levels of service
650 required in the transportation methodology shall be the same
651 levels of service used to evaluate concurrency in accordance
652 with s. 163.3180. The regional planning agency shall provide the
653 developer information about the development-of-regional-impact
654 process and the use of preapplication conferences to identify
655 issues, coordinate appropriate state and local agency
656 requirements, and otherwise promote a proper and efficient
657 review of the proposed development. If an agreement is reached
658 regarding assumptions and methodology to be used in the
659 application for development approval, the reviewing agencies may
660 not subsequently object to those assumptions and methodologies
661 unless subsequent changes to the project or information obtained
662 during the review make those assumptions and methodologies
663 inappropriate. The reviewing agencies may make only
664 recommendations or comments regarding a proposed development
665 which are consistent with the statutes, rules, or adopted local
666 government ordinances that are applicable to developments in the
667 jurisdiction where the proposed development is located.
668 (b) The regional planning agency shall establish by rule a
669 procedure by which a developer may enter into binding written
670 agreements with the regional planning agency to eliminate
671 questions from the application for development approval when
672 those questions are found to be unnecessary for development-of
673 regional-impact review. It is the legislative intent of this
674 subsection to encourage reduction of paperwork, to discourage
675 unnecessary gathering of data, and to encourage the coordination
676 of the development-of-regional-impact review process with
677 federal, state, and local environmental reviews when such
678 reviews are required by law.
679 (c) If the application for development approval is not
680 submitted within 1 year after the date of the preapplication
681 conference, the regional planning agency, the local government
682 having jurisdiction, or the applicant may request that another
683 preapplication conference be held.
684 (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
685 (a) A developer may enter into a written preliminary
686 development agreement with the state land planning agency to
687 allow a developer to proceed with a limited amount of the total
688 proposed development, subject to all other governmental
689 approvals and solely at the developer’s own risk, prior to
690 issuance of a final development order. All owners of the land in
691 the total proposed development shall join the developer as
692 parties to the agreement. Each agreement shall include and be
693 subject to the following conditions:
694 1. The developer shall comply with the preapplication
695 conference requirements pursuant to subsection (7) within 45
696 days after the execution of the agreement.
697 2. The developer shall file an application for development
698 approval for the total proposed development within 3 months
699 after execution of the agreement, unless the state land planning
700 agency agrees to a different time for good cause shown. Failure
701 to timely file an application and to otherwise diligently
702 proceed in good faith to obtain a final development order shall
703 constitute a breach of the preliminary development agreement.
704 3. The agreement shall include maps and legal descriptions
705 of both the preliminary development area and the total proposed
706 development area and shall specifically describe the preliminary
707 development in terms of magnitude and location. The area
708 approved for preliminary development must be included in the
709 application for development approval and shall be subject to the
710 terms and conditions of the final development order.
711 4. The preliminary development shall be limited to lands
712 that the state land planning agency agrees are suitable for
713 development and shall only be allowed in areas where adequate
714 public infrastructure exists to accommodate the preliminary
715 development, when such development will utilize public
716 infrastructure. The developer must also demonstrate that the
717 preliminary development will not result in material adverse
718 impacts to existing resources or existing or planned facilities.
719 5. The preliminary development agreement may allow
720 development which is:
721 a. Less than 100 percent of any applicable threshold if the
722 developer demonstrates that such development is consistent with
723 subparagraph 4.; or
724 b. Less than 120 percent of any applicable threshold if the
725 developer demonstrates that such development is part of a
726 proposed downtown development of regional impact specified in
727 subsection (22) or part of any areawide development of regional
728 impact specified in subsection (25) and that the development is
729 consistent with subparagraph 4.
730 6. The developer and owners of the land may not claim
731 vested rights, or assert equitable estoppel, arising from the
732 agreement or any expenditures or actions taken in reliance on
733 the agreement to continue with the total proposed development
734 beyond the preliminary development. The agreement shall not
735 entitle the developer to a final development order approving the
736 total proposed development or to particular conditions in a
737 final development order.
738 7. The agreement shall not prohibit the regional planning
739 agency from reviewing or commenting on any regional issue that
740 the regional agency determines should be included in the
741 regional agency’s report on the application for development
742 approval.
743 8. The agreement shall include a disclosure by the
744 developer and all the owners of the land in the total proposed
745 development of all land or development within 5 miles of the
746 total proposed development in which they have an interest and
747 shall describe such interest.
748 9. In the event of a breach of the agreement or failure to
749 comply with any condition of the agreement, or if the agreement
750 was based on materially inaccurate information, the state land
751 planning agency may terminate the agreement or file suit to
752 enforce the agreement as provided in this section and s. 380.11,
753 including a suit to enjoin all development.
754 10. A notice of the preliminary development agreement shall
755 be recorded by the developer in accordance with s. 28.222 with
756 the clerk of the circuit court for each county in which land
757 covered by the terms of the agreement is located. The notice
758 shall include a legal description of the land covered by the
759 agreement and shall state the parties to the agreement, the date
760 of adoption of the agreement and any subsequent amendments, the
761 location where the agreement may be examined, and that the
762 agreement constitutes a land development regulation applicable
763 to portions of the land covered by the agreement. The provisions
764 of the agreement shall inure to the benefit of and be binding
765 upon successors and assigns of the parties in the agreement.
766 11. Except for those agreements which authorize preliminary
767 development for substantial deviations pursuant to subsection
768 (19), a developer who no longer wishes to pursue a development
769 of regional impact may propose to abandon any preliminary
770 development agreement executed after January 1, 1985, including
771 those pursuant to s. 380.032(3), provided at the time of
772 abandonment:
773 a. A final development order under this section has been
774 rendered that approves all of the development actually
775 constructed; or
776 b. The amount of development is less than 100 percent of
777 all numerical thresholds of the guidelines and standards, and
778 the state land planning agency determines in writing that the
779 development to date is in compliance with all applicable local
780 regulations and the terms and conditions of the preliminary
781 development agreement and otherwise adequately mitigates for the
782 impacts of the development to date.
783
784 In either event, when a developer proposes to abandon said
785 agreement, the developer shall give written notice and state
786 that he or she is no longer proposing a development of regional
787 impact and provide adequate documentation that he or she has met
788 the criteria for abandonment of the agreement to the state land
789 planning agency. Within 30 days of receipt of adequate
790 documentation of such notice, the state land planning agency
791 shall make its determination as to whether or not the developer
792 meets the criteria for abandonment. Once the state land planning
793 agency determines that the developer meets the criteria for
794 abandonment, the state land planning agency shall issue a notice
795 of abandonment which shall be recorded by the developer in
796 accordance with s. 28.222 with the clerk of the circuit court
797 for each county in which land covered by the terms of the
798 agreement is located.
799 (b) The state land planning agency may enter into other
800 types of agreements to effectuate the provisions of this act as
801 provided in s. 380.032.
802 (c) The provisions of this subsection shall also be
803 available to a developer who chooses to seek development
804 approval of a Florida Quality Development pursuant to s.
805 380.061.
806 (9) CONCEPTUAL AGENCY REVIEW.—
807 (a)1. In order to facilitate the planning and preparation
808 of permit applications for projects that undergo development-of
809 regional-impact review, and in order to coordinate the
810 information required to issue such permits, a developer may
811 elect to request conceptual agency review under this subsection
812 either concurrently with development-of-regional-impact review
813 and comprehensive plan amendments, if applicable, or subsequent
814 to a preapplication conference held pursuant to subsection (7).
815 2. “Conceptual agency review” means general review of the
816 proposed location, densities, intensity of use, character, and
817 major design features of a proposed development required to
818 undergo review under this section for the purpose of considering
819 whether these aspects of the proposed development comply with
820 the issuing agency’s statutes and rules.
821 3. Conceptual agency review is a licensing action subject
822 to chapter 120, and approval or denial constitutes final agency
823 action, except that the 90-day time period specified in s.
824 120.60(1) shall be tolled for the agency when the affected
825 regional planning agency requests information from the developer
826 pursuant to paragraph (10)(b). If proposed agency action on the
827 conceptual approval is the subject of a proceeding under ss.
828 120.569 and 120.57, final agency action shall be conclusive as
829 to any issues actually raised and adjudicated in the proceeding,
830 and such issues may not be raised in any subsequent proceeding
831 under ss. 120.569 and 120.57 on the proposed development by any
832 parties to the prior proceeding.
833 4. A conceptual agency review approval shall be valid for
834 up to 10 years, unless otherwise provided in a state or regional
835 agency rule, and may be reviewed and reissued for additional
836 periods of time under procedures established by the agency.
837 (b) The Department of Environmental Protection, each water
838 management district, and each other state or regional agency
839 that requires construction or operation permits shall establish
840 by rule a set of procedures necessary for conceptual agency
841 review for the following permitting activities within their
842 respective regulatory jurisdictions:
843 1. The construction and operation of potential sources of
844 water pollution, including industrial wastewater, domestic
845 wastewater, and stormwater.
846 2. Dredging and filling activities.
847 3. The management and storage of surface waters.
848 4. The construction and operation of works of the district,
849 only if a conceptual agency review approval is requested under
850 subparagraph 3.
851
852 Any state or regional agency may establish rules for conceptual
853 agency review for any other permitting activities within its
854 respective regulatory jurisdiction.
855 (c)1. Each agency participating in conceptual agency
856 reviews shall determine and establish by rule its information
857 and application requirements and furnish these requirements to
858 the state land planning agency and to any developer seeking
859 conceptual agency review under this subsection.
860 2. Each agency shall cooperate with the state land planning
861 agency to standardize, to the extent possible, review
862 procedures, data requirements, and data collection methodologies
863 among all participating agencies, consistent with the
864 requirements of the statutes that establish the permitting
865 programs for each agency.
866 (d) At the conclusion of the conceptual agency review, the
867 agency shall give notice of its proposed agency action as
868 required by s. 120.60(3) and shall forward a copy of the notice
869 to the appropriate regional planning council with a report
870 setting out the agency’s conclusions on potential development
871 impacts and stating whether the agency intends to grant
872 conceptual approval, with or without conditions, or to deny
873 conceptual approval. If the agency intends to deny conceptual
874 approval, the report shall state the reasons therefor. The
875 agency may require the developer to publish notice of proposed
876 agency action in accordance with s. 403.815.
877 (e) An agency’s decision to grant conceptual approval shall
878 not relieve the developer of the requirement to obtain a permit
879 and to meet the standards for issuance of a construction or
880 operation permit or to meet the agency’s information
881 requirements for such a permit. Nevertheless, there shall be a
882 rebuttable presumption that the developer is entitled to receive
883 a construction or operation permit for an activity for which the
884 agency granted conceptual review approval, to the extent that
885 the project for which the applicant seeks a permit is in
886 accordance with the conceptual approval and with the agency’s
887 standards and criteria for issuing a construction or operation
888 permit. The agency may revoke or appropriately modify a valid
889 conceptual approval if the agency shows:
890 1. That an applicant or his or her agent has submitted
891 materially false or inaccurate information in the application
892 for conceptual approval;
893 2. That the developer has violated a condition of the
894 conceptual approval; or
895 3. That the development will cause a violation of the
896 agency’s applicable laws or rules.
897 (f) Nothing contained in this subsection shall modify or
898 abridge the law of vested rights or estoppel.
899 (g) Nothing contained in this subsection shall be construed
900 to preclude an agency from adopting rules for conceptual review
901 for developments which are not developments of regional impact.
902 (10) APPLICATION; SUFFICIENCY.—
903 (a) When an application for development approval is filed
904 with a local government, the developer shall also send copies of
905 the application to the appropriate regional planning agency and
906 the state land planning agency.
907 (b) If a regional planning agency determines that the
908 application for development approval is insufficient for the
909 agency to discharge its responsibilities under subsection (12),
910 it shall provide in writing to the appropriate local government
911 and the applicant a statement of any additional information
912 desired within 30 days of the receipt of the application by the
913 regional planning agency. The applicant may supply the
914 information requested by the regional planning agency and shall
915 communicate its intention to do so in writing to the appropriate
916 local government and the regional planning agency within 5
917 working days of the receipt of the statement requesting such
918 information, or the applicant shall notify the appropriate local
919 government and the regional planning agency in writing that the
920 requested information will not be supplied. Within 30 days after
921 receipt of such additional information, the regional planning
922 agency shall review it and may request only that information
923 needed to clarify the additional information or to answer new
924 questions raised by, or directly related to, the additional
925 information. The regional planning agency may request additional
926 information no more than twice, unless the developer waives this
927 limitation. If an applicant does not provide the information
928 requested by a regional planning agency within 120 days of its
929 request, or within a time agreed upon by the applicant and the
930 regional planning agency, the application shall be considered
931 withdrawn.
932 (c) The regional planning agency shall notify the local
933 government that a public hearing date may be set when the
934 regional planning agency determines that the application is
935 sufficient or when it receives notification from the developer
936 that the additional requested information will not be supplied,
937 as provided for in paragraph (b).
938 (11) LOCAL NOTICE.—Upon receipt of the sufficiency
939 notification from the regional planning agency required by
940 paragraph (10)(c), the appropriate local government shall give
941 notice and hold a public hearing on the application in the same
942 manner as for a rezoning as provided under the appropriate
943 special or local law or ordinance, except that such hearing
944 proceedings shall be recorded by tape or a certified court
945 reporter and made available for transcription at the expense of
946 any interested party. When a development of regional impact is
947 proposed within the jurisdiction of more than one local
948 government, the local governments, at the request of the
949 developer, may hold a joint public hearing. The local government
950 shall comply with the following additional requirements:
951 (a) The notice of public hearing shall state that the
952 proposed development is undergoing a development-of-regional
953 impact review.
954 (b) The notice shall be published at least 60 days in
955 advance of the hearing and shall specify where the information
956 and reports on the development-of-regional-impact application
957 may be reviewed.
958 (c) The notice shall be given to the state land planning
959 agency, to the applicable regional planning agency, to any state
960 or regional permitting agency participating in a conceptual
961 agency review process under subsection (9), and to such other
962 persons as may have been designated by the state land planning
963 agency as entitled to receive such notices.
964 (d) A public hearing date shall be set by the appropriate
965 local government at the next scheduled meeting. The public
966 hearing shall be held no later than 90 days after issuance of
967 notice by the regional planning agency that a public hearing may
968 be set, unless an extension is requested by the applicant.
969 (12) REGIONAL REPORTS.—
970 (a) Within 50 days after receipt of the notice of public
971 hearing required in paragraph (11)(c), the regional planning
972 agency, if one has been designated for the area including the
973 local government, shall prepare and submit to the local
974 government a report and recommendations on the regional impact
975 of the proposed development. In preparing its report and
976 recommendations, the regional planning agency shall identify
977 regional issues based upon the following review criteria and
978 make recommendations to the local government on these regional
979 issues, specifically considering whether, and the extent to
980 which:
981 1. The development will have a favorable or unfavorable
982 impact on state or regional resources or facilities identified
983 in the applicable state or regional plans. As used in this
984 subsection, the term “applicable state plan” means the state
985 comprehensive plan. As used in this subsection, the term
986 “applicable regional plan” means an adopted strategic regional
987 policy plan.
988 2. The development will significantly impact adjacent
989 jurisdictions. At the request of the appropriate local
990 government, regional planning agencies may also review and
991 comment upon issues that affect only the requesting local
992 government.
993 3. As one of the issues considered in the review in
994 subparagraphs 1. and 2., the development will favorably or
995 adversely affect the ability of people to find adequate housing
996 reasonably accessible to their places of employment if the
997 regional planning agency has adopted an affordable housing
998 policy as part of its strategic regional policy plan. The
999 determination should take into account information on factors
1000 that are relevant to the availability of reasonably accessible
1001 adequate housing. Adequate housing means housing that is
1002 available for occupancy and that is not substandard.
1003 (b) The regional planning agency report must contain
1004 recommendations that are consistent with the standards required
1005 by the applicable state permitting agencies or the water
1006 management district.
1007 (c) At the request of the regional planning agency, other
1008 appropriate agencies shall review the proposed development and
1009 shall prepare reports and recommendations on issues that are
1010 clearly within the jurisdiction of those agencies. Such agency
1011 reports shall become part of the regional planning agency
1012 report; however, the regional planning agency may attach
1013 dissenting views. When water management district and Department
1014 of Environmental Protection permits have been issued pursuant to
1015 chapter 373 or chapter 403, the regional planning council may
1016 comment on the regional implications of the permits but may not
1017 offer conflicting recommendations.
1018 (d) The regional planning agency shall afford the developer
1019 or any substantially affected party reasonable opportunity to
1020 present evidence to the regional planning agency head relating
1021 to the proposed regional agency report and recommendations.
1022 (e) If the location of a proposed development involves land
1023 within the boundaries of multiple regional planning councils,
1024 the state land planning agency shall designate a lead regional
1025 planning council. The lead regional planning council shall
1026 prepare the regional report.
1027 (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
1028 development is in an area of critical state concern, the local
1029 government shall approve it only if it complies with the land
1030 development regulations therefor under s. 380.05 and the
1031 provisions of this section. The provisions of this section shall
1032 not apply to developments in areas of critical state concern
1033 which had pending applications and had been noticed or agendaed
1034 by local government after September 1, 1985, and before October
1035 1, 1985, for development order approval. In all such cases, the
1036 state land planning agency may consider and address applicable
1037 regional issues contained in subsection (12) as part of its
1038 area-of-critical-state-concern review pursuant to ss. 380.05,
1039 380.07, and 380.11.
1040 (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
1041 the development is not located in an area of critical state
1042 concern, in considering whether the development is approved,
1043 denied, or approved subject to conditions, restrictions, or
1044 limitations, the local government shall consider whether, and
1045 the extent to which:
1046 (a) The development is consistent with the local
1047 comprehensive plan and local land development regulations.
1048 (b) The development is consistent with the report and
1049 recommendations of the regional planning agency submitted
1050 pursuant to subsection (12).
1051 (c) The development is consistent with the State
1052 Comprehensive Plan. In consistency determinations, the plan
1053 shall be construed and applied in accordance with s. 187.101(3).
1054
1055 However, a local government may approve a change to a
1056 development authorized as a development of regional impact if
1057 the change has the effect of reducing the originally approved
1058 height, density, or intensity of the development and if the
1059 revised development would have been consistent with the
1060 comprehensive plan in effect when the development was originally
1061 approved. If the revised development is approved, the developer
1062 may proceed as provided in s. 163.3167(5).
1063 (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
1064 (a) Notwithstanding any provision of any adopted local
1065 comprehensive plan or adopted local government land development
1066 regulation to the contrary, an amendment to a development order
1067 for an approved development of regional impact adopted pursuant
1068 to subsection (7) may not alter the appropriate local government
1069 shall render a decision on the application within 30 days after
1070 the hearing unless an extension is requested by the developer.
1071 (b) When possible, local governments shall issue
1072 development orders concurrently with any other local permits or
1073 development approvals that may be applicable to the proposed
1074 development.
1075 (c) The development order shall include findings of fact
1076 and conclusions of law consistent with subsections (13) and
1077 (14). The development order:
1078 1. Shall specify the monitoring procedures and the local
1079 official responsible for assuring compliance by the developer
1080 with the development order.
1081 2. Shall establish compliance dates for the development
1082 order, including a deadline for commencing physical development
1083 and for compliance with conditions of approval or phasing
1084 requirements, and shall include a buildout date that reasonably
1085 reflects the time anticipated to complete the development.
1086 3. Shall establish a date until which the local government
1087 agrees that the approved development of regional impact will
1088 shall not be subject to downzoning, unit density reduction, or
1089 intensity reduction, unless the local government can demonstrate
1090 that substantial changes in the conditions underlying the
1091 approval of the development order have occurred or the
1092 development order was based on substantially inaccurate
1093 information provided by the developer or that the change is
1094 clearly established by local government to be essential to the
1095 public health, safety, or welfare. The date established pursuant
1096 to this paragraph may not be subparagraph shall be no sooner
1097 than the buildout date of the project.
1098 4. Shall specify the requirements for the biennial report
1099 designated under subsection (18), including the date of
1100 submission, parties to whom the report is submitted, and
1101 contents of the report, based upon the rules adopted by the
1102 state land planning agency. Such rules shall specify the scope
1103 of any additional local requirements that may be necessary for
1104 the report.
1105 5. May specify the types of changes to the development
1106 which shall require submission for a substantial deviation
1107 determination or a notice of proposed change under subsection
1108 (19).
1109 6. Shall include a legal description of the property.
1110 (d) Conditions of a development order that require a
1111 developer to contribute land for a public facility or construct,
1112 expand, or pay for land acquisition or construction or expansion
1113 of a public facility, or portion thereof, shall meet the
1114 following criteria:
1115 1. The need to construct new facilities or add to the
1116 present system of public facilities must be reasonably
1117 attributable to the proposed development.
1118 2. Any contribution of funds, land, or public facilities
1119 required from the developer shall be comparable to the amount of
1120 funds, land, or public facilities that the state or the local
1121 government would reasonably expect to expend or provide, based
1122 on projected costs of comparable projects, to mitigate the
1123 impacts reasonably attributable to the proposed development.
1124 3. Any funds or lands contributed must be expressly
1125 designated and used to mitigate impacts reasonably attributable
1126 to the proposed development.
1127 4. Construction or expansion of a public facility by a
1128 nongovernmental developer as a condition of a development order
1129 to mitigate the impacts reasonably attributable to the proposed
1130 development is not subject to competitive bidding or competitive
1131 negotiation for selection of a contractor or design professional
1132 for any part of the construction or design.
1133 (b)(e)1. A local government may shall not include, as a
1134 development order condition for a development of regional
1135 impact, any requirement that a developer contribute or pay for
1136 land acquisition or construction or expansion of public
1137 facilities or portions thereof unless the local government has
1138 enacted a local ordinance which requires other development not
1139 subject to this section to contribute its proportionate share of
1140 the funds, land, or public facilities necessary to accommodate
1141 any impacts having a rational nexus to the proposed development,
1142 and the need to construct new facilities or add to the present
1143 system of public facilities must be reasonably attributable to
1144 the proposed development.
1145 2. Selection of a contractor or design professional for any
1146 aspect of construction or design related to the construction or
1147 expansion of a public facility by a nongovernmental developer
1148 which is undertaken as a condition of a development order to
1149 mitigate the impacts reasonably attributable to the proposed
1150 development is not subject to competitive bidding or competitive
1151 negotiation A local government shall not approve a development
1152 of regional impact that does not make adequate provision for the
1153 public facilities needed to accommodate the impacts of the
1154 proposed development unless the local government includes in the
1155 development order a commitment by the local government to
1156 provide these facilities consistently with the development
1157 schedule approved in the development order; however, a local
1158 government’s failure to meet the requirements of subparagraph 1.
1159 and this subparagraph shall not preclude the issuance of a
1160 development order where adequate provision is made by the
1161 developer for the public facilities needed to accommodate the
1162 impacts of the proposed development. Any funds or lands
1163 contributed by a developer must be expressly designated and used
1164 to accommodate impacts reasonably attributable to the proposed
1165 development.
1166 3. The Department of Economic Opportunity and other state
1167 and regional agencies involved in the administration and
1168 implementation of this act shall cooperate and work with units
1169 of local government in preparing and adopting local impact fee
1170 and other contribution ordinances.
1171 (c)(f) Notice of the adoption of an amendment a development
1172 order or the subsequent amendments to an adopted development
1173 order shall be recorded by the developer, in accordance with s.
1174 28.222, with the clerk of the circuit court for each county in
1175 which the development is located. The notice shall include a
1176 legal description of the property covered by the order and shall
1177 state which unit of local government adopted the development
1178 order, the date of adoption, the date of adoption of any
1179 amendments to the development order, the location where the
1180 adopted order with any amendments may be examined, and that the
1181 development order constitutes a land development regulation
1182 applicable to the property. The recording of this notice does
1183 shall not constitute a lien, cloud, or encumbrance on real
1184 property, or actual or constructive notice of any such lien,
1185 cloud, or encumbrance. This paragraph applies only to
1186 developments initially approved under this section after July 1,
1187 1980. If the local government of jurisdiction rescinds a
1188 development order for an approved development of regional impact
1189 pursuant to s. 380.115, the developer may record notice of the
1190 rescission.
1191 (d)(g) Any agreement entered into by the state land
1192 planning agency, the developer, and the A local government with
1193 respect to an approved development of regional impact previously
1194 classified as essentially built out, or any other official
1195 determination that an approved development of regional impact is
1196 essentially built out, remains valid unless it expired on or
1197 before the effective date of this act. may not issue a permit
1198 for a development subsequent to the buildout date contained in
1199 the development order unless:
1200 1. The proposed development has been evaluated cumulatively
1201 with existing development under the substantial deviation
1202 provisions of subsection (19) after the termination or
1203 expiration date;
1204 2. The proposed development is consistent with an
1205 abandonment of development order that has been issued in
1206 accordance with subsection (26);
1207 3. The development of regional impact is essentially built
1208 out, in that all the mitigation requirements in the development
1209 order have been satisfied, all developers are in compliance with
1210 all applicable terms and conditions of the development order
1211 except the buildout date, and the amount of proposed development
1212 that remains to be built is less than 40 percent of any
1213 applicable development-of-regional-impact threshold; or
1214 4. The project has been determined to be an essentially
1215 built-out development of regional impact through an agreement
1216 executed by the developer, the state land planning agency, and
1217 the local government, in accordance with s. 380.032, which will
1218 establish the terms and conditions under which the development
1219 may be continued. If the project is determined to be essentially
1220 built out, development may proceed pursuant to the s. 380.032
1221 agreement after the termination or expiration date contained in
1222 the development order without further development-of-regional
1223 impact review subject to the local government comprehensive plan
1224 and land development regulations. The parties may amend the
1225 agreement without submission, review, or approval of a
1226 notification of proposed change pursuant to subsection (19). For
1227 the purposes of this paragraph, a development of regional impact
1228 is considered essentially built out, if:
1229 a. The developers are in compliance with all applicable
1230 terms and conditions of the development order except the
1231 buildout date or reporting requirements; and
1232 b.(I) The amount of development that remains to be built is
1233 less than the substantial deviation threshold specified in
1234 paragraph (19)(b) for each individual land use category, or, for
1235 a multiuse development, the sum total of all unbuilt land uses
1236 as a percentage of the applicable substantial deviation
1237 threshold is equal to or less than 100 percent; or
1238 (II) The state land planning agency and the local
1239 government have agreed in writing that the amount of development
1240 to be built does not create the likelihood of any additional
1241 regional impact not previously reviewed.
1242
1243 The single-family residential portions of a development may be
1244 considered essentially built out if all of the workforce housing
1245 obligations and all of the infrastructure and horizontal
1246 development have been completed, at least 50 percent of the
1247 dwelling units have been completed, and more than 80 percent of
1248 the lots have been conveyed to third-party individual lot owners
1249 or to individual builders who own no more than 40 lots at the
1250 time of the determination. The mobile home park portions of a
1251 development may be considered essentially built out if all the
1252 infrastructure and horizontal development has been completed,
1253 and at least 50 percent of the lots are leased to individual
1254 mobile home owners. In order to accommodate changing market
1255 demands and achieve maximum land use efficiency in an
1256 essentially built out project, when a developer is building out
1257 a project, a local government, without the concurrence of the
1258 state land planning agency, may adopt a resolution authorizing
1259 the developer to exchange one approved land use for another
1260 approved land use as specified in the agreement. Before the
1261 issuance of a building permit pursuant to an exchange, the
1262 developer must demonstrate to the local government that the
1263 exchange ratio will not result in a net increase in impacts to
1264 public facilities and will meet all applicable requirements of
1265 the comprehensive plan and land development code. For
1266 developments previously determined to impact strategic
1267 intermodal facilities as defined in s. 339.63, the local
1268 government shall consult with the Department of Transportation
1269 before approving the exchange.
1270 (h) If the property is annexed by another local
1271 jurisdiction, the annexing jurisdiction shall adopt a new
1272 development order that incorporates all previous rights and
1273 obligations specified in the prior development order.
1274 (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
1275 (a) Notwithstanding any provision of an adopted local
1276 comprehensive plan or adopted local government land development
1277 regulations to the contrary, the adoption of an amendment to a
1278 development order for an approved development of regional impact
1279 pursuant to subsection (7) does not diminish or otherwise alter
1280 any credits for a development order exaction or fee as against
1281 impact fees, mobility fees, or exactions when such credits are
1282 based upon the developer’s contribution of land or a public
1283 facility or the construction, expansion, or payment for land
1284 acquisition or construction or expansion of a public facility,
1285 or a portion thereof If the development order requires the
1286 developer to contribute land or a public facility or construct,
1287 expand, or pay for land acquisition or construction or expansion
1288 of a public facility, or portion thereof, and the developer is
1289 also subject by local ordinance to impact fees or exactions to
1290 meet the same needs, the local government shall establish and
1291 implement a procedure that credits a development order exaction
1292 or fee toward an impact fee or exaction imposed by local
1293 ordinance for the same need; however, if the Florida Land and
1294 Water Adjudicatory Commission imposes any additional
1295 requirement, the local government shall not be required to grant
1296 a credit toward the local exaction or impact fee unless the
1297 local government determines that such required contribution,
1298 payment, or construction meets the same need that the local
1299 exaction or impact fee would address. The nongovernmental
1300 developer need not be required, by virtue of this credit, to
1301 competitively bid or negotiate any part of the construction or
1302 design of the facility, unless otherwise requested by the local
1303 government.
1304 (b) If the local government imposes or increases an impact
1305 fee, mobility fee, or exaction by local ordinance after a
1306 development order has been issued, the developer may petition
1307 the local government, and the local government shall modify the
1308 affected provisions of the development order to give the
1309 developer credit for any contribution of land for a public
1310 facility, or construction, expansion, or contribution of funds
1311 for land acquisition or construction or expansion of a public
1312 facility, or a portion thereof, required by the development
1313 order toward an impact fee or exaction for the same need.
1314 (c) Any The local government and the developer may enter
1315 into capital contribution front-ending agreement entered into by
1316 a local government and a developer which is still in effect as
1317 of the effective date of this act agreements as part of a
1318 development-of-regional-impact development order to reimburse
1319 the developer, or the developer’s successor, for voluntary
1320 contributions paid in excess of his or her fair share remains
1321 valid.
1322 (d) This subsection does not apply to internal, onsite
1323 facilities required by local regulations or to any offsite
1324 facilities to the extent that such facilities are necessary to
1325 provide safe and adequate services to the development.
1326 (17) LOCAL MONITORING.—The local government issuing the
1327 development order is primarily responsible for monitoring the
1328 development and enforcing the provisions of the development
1329 order. Local governments shall not issue any permits or
1330 approvals or provide any extensions of services if the developer
1331 fails to act in substantial compliance with the development
1332 order.
1333 (6)(18) BIENNIAL REPORTS.—Notwithstanding any condition in
1334 a development order for an approved development of regional
1335 impact, the developer is not required to shall submit an annual
1336 or a biennial report on the development of regional impact to
1337 the local government, the regional planning agency, the state
1338 land planning agency, and all affected permit agencies in
1339 alternate years on the date specified in the development order,
1340 unless required to do so by the local government that has
1341 jurisdiction over the development. The penalty for failure to
1342 file such a required report is as prescribed by the local
1343 government development order by its terms requires more frequent
1344 monitoring. If the report is not received, the state land
1345 planning agency shall notify the local government. If the local
1346 government does not receive the report or receives notification
1347 that the state land planning agency has not received the report,
1348 the local government shall request in writing that the developer
1349 submit the report within 30 days. The failure to submit the
1350 report after 30 days shall result in the temporary suspension of
1351 the development order by the local government. If no additional
1352 development pursuant to the development order has occurred since
1353 the submission of the previous report, then a letter from the
1354 developer stating that no development has occurred shall satisfy
1355 the requirement for a report. Development orders that require
1356 annual reports may be amended to require biennial reports at the
1357 option of the local government.
1358 (7)(19) CHANGES SUBSTANTIAL DEVIATIONS.—
1359 (a) Notwithstanding any provision to the contrary in any
1360 development order, agreement, local comprehensive plan, or local
1361 land development regulation, any proposed change to a previously
1362 approved development of regional impact shall be reviewed by the
1363 local government based on the standards and procedures in its
1364 adopted local comprehensive plan and adopted local land
1365 development regulations, including, but not limited to,
1366 procedures for notice to the applicant and the public regarding
1367 the issuance of development orders. At least one public hearing
1368 must be held on the application for change, and any change must
1369 be approved by the local governing body before it becomes
1370 effective. The review must abide by any prior agreements or
1371 other actions vesting the laws and policies governing the
1372 development. Development within the previously approved
1373 development of regional impact may continue, as approved, during
1374 the review in portions of the development which are not directly
1375 affected by the proposed change which creates a reasonable
1376 likelihood of additional regional impact, or any type of
1377 regional impact created by the change not previously reviewed by
1378 the regional planning agency, shall constitute a substantial
1379 deviation and shall cause the proposed change to be subject to
1380 further development-of-regional-impact review. There are a
1381 variety of reasons why a developer may wish to propose changes
1382 to an approved development of regional impact, including changed
1383 market conditions. The procedures set forth in this subsection
1384 are for that purpose.
1385 (b) The local government shall either adopt an amendment to
1386 the development order that approves the application, with or
1387 without conditions, or deny the application for the proposed
1388 change. Any new conditions in the amendment to the development
1389 order issued by the local government may address only those
1390 impacts directly created by the proposed change, and must be
1391 consistent with s. 163.3180(5), the adopted comprehensive plan,
1392 and adopted land development regulations. Changes to a phase
1393 date, buildout date, expiration date, or termination date may
1394 also extend any required mitigation associated with a phased
1395 construction project so that mitigation takes place in the same
1396 timeframe relative to the impacts as approved Any proposed
1397 change to a previously approved development of regional impact
1398 or development order condition which, either individually or
1399 cumulatively with other changes, exceeds any of the criteria in
1400 subparagraphs 1.-11. constitutes a substantial deviation and
1401 shall cause the development to be subject to further
1402 development-of-regional-impact review through the notice of
1403 proposed change process under this section.
1404 1. An increase in the number of parking spaces at an
1405 attraction or recreational facility by 15 percent or 500 spaces,
1406 whichever is greater, or an increase in the number of spectators
1407 that may be accommodated at such a facility by 15 percent or
1408 1,500 spectators, whichever is greater.
1409 2. A new runway, a new terminal facility, a 25 percent
1410 lengthening of an existing runway, or a 25 percent increase in
1411 the number of gates of an existing terminal, but only if the
1412 increase adds at least three additional gates.
1413 3. An increase in land area for office development by 15
1414 percent or an increase of gross floor area of office development
1415 by 15 percent or 100,000 gross square feet, whichever is
1416 greater.
1417 4. An increase in the number of dwelling units by 10
1418 percent or 55 dwelling units, whichever is greater.
1419 5. An increase in the number of dwelling units by 50
1420 percent or 200 units, whichever is greater, provided that 15
1421 percent of the proposed additional dwelling units are dedicated
1422 to affordable workforce housing, subject to a recorded land use
1423 restriction that shall be for a period of not less than 20 years
1424 and that includes resale provisions to ensure long-term
1425 affordability for income-eligible homeowners and renters and
1426 provisions for the workforce housing to be commenced before the
1427 completion of 50 percent of the market rate dwelling. For
1428 purposes of this subparagraph, the term “affordable workforce
1429 housing” means housing that is affordable to a person who earns
1430 less than 120 percent of the area median income, or less than
1431 140 percent of the area median income if located in a county in
1432 which the median purchase price for a single-family existing
1433 home exceeds the statewide median purchase price of a single
1434 family existing home. For purposes of this subparagraph, the
1435 term “statewide median purchase price of a single-family
1436 existing home” means the statewide purchase price as determined
1437 in the Florida Sales Report, Single-Family Existing Homes,
1438 released each January by the Florida Association of Realtors and
1439 the University of Florida Real Estate Research Center.
1440 6. An increase in commercial development by 60,000 square
1441 feet of gross floor area or of parking spaces provided for
1442 customers for 425 cars or a 10 percent increase, whichever is
1443 greater.
1444 7. An increase in a recreational vehicle park area by 10
1445 percent or 110 vehicle spaces, whichever is less.
1446 8. A decrease in the area set aside for open space of 5
1447 percent or 20 acres, whichever is less.
1448 9. A proposed increase to an approved multiuse development
1449 of regional impact where the sum of the increases of each land
1450 use as a percentage of the applicable substantial deviation
1451 criteria is equal to or exceeds 110 percent. The percentage of
1452 any decrease in the amount of open space shall be treated as an
1453 increase for purposes of determining when 110 percent has been
1454 reached or exceeded.
1455 10. A 15 percent increase in the number of external vehicle
1456 trips generated by the development above that which was
1457 projected during the original development-of-regional-impact
1458 review.
1459 11. Any change that would result in development of any area
1460 which was specifically set aside in the application for
1461 development approval or in the development order for
1462 preservation or special protection of endangered or threatened
1463 plants or animals designated as endangered, threatened, or
1464 species of special concern and their habitat, any species
1465 protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1466 archaeological and historical sites designated as significant by
1467 the Division of Historical Resources of the Department of State.
1468 The refinement of the boundaries and configuration of such areas
1469 shall be considered under sub-subparagraph (e)2.j.
1470
1471 The substantial deviation numerical standards in subparagraphs
1472 3., 6., and 9., excluding residential uses, and in subparagraph
1473 10., are increased by 100 percent for a project certified under
1474 s. 403.973 which creates jobs and meets criteria established by
1475 the Department of Economic Opportunity as to its impact on an
1476 area’s economy, employment, and prevailing wage and skill
1477 levels. The substantial deviation numerical standards in
1478 subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
1479 percent for a project located wholly within an urban infill and
1480 redevelopment area designated on the applicable adopted local
1481 comprehensive plan future land use map and not located within
1482 the coastal high hazard area.
1483 (c) This section is not intended to alter or otherwise
1484 limit the extension, previously granted by statute, of a
1485 commencement, buildout, phase, termination, or expiration date
1486 in any development order for an approved development of regional
1487 impact and any corresponding modification of a related permit or
1488 agreement. Any such extension is not subject to review or
1489 modification in any future amendment to a development order
1490 pursuant to the adopted local comprehensive plan and adopted
1491 local land development regulations An extension of the date of
1492 buildout of a development, or any phase thereof, by more than 7
1493 years is presumed to create a substantial deviation subject to
1494 further development-of-regional-impact review.
1495 1. An extension of the date of buildout, or any phase
1496 thereof, of more than 5 years but not more than 7 years is
1497 presumed not to create a substantial deviation. The extension of
1498 the date of buildout of an areawide development of regional
1499 impact by more than 5 years but less than 10 years is presumed
1500 not to create a substantial deviation. These presumptions may be
1501 rebutted by clear and convincing evidence at the public hearing
1502 held by the local government. An extension of 5 years or less is
1503 not a substantial deviation.
1504 2. In recognition of the 2011 real estate market
1505 conditions, at the option of the developer, all commencement,
1506 phase, buildout, and expiration dates for projects that are
1507 currently valid developments of regional impact are extended for
1508 4 years regardless of any previous extension. Associated
1509 mitigation requirements are extended for the same period unless,
1510 before December 1, 2011, a governmental entity notifies a
1511 developer that has commenced any construction within the phase
1512 for which the mitigation is required that the local government
1513 has entered into a contract for construction of a facility with
1514 funds to be provided from the development’s mitigation funds for
1515 that phase as specified in the development order or written
1516 agreement with the developer. The 4-year extension is not a
1517 substantial deviation, is not subject to further development-of
1518 regional-impact review, and may not be considered when
1519 determining whether a subsequent extension is a substantial
1520 deviation under this subsection. The developer must notify the
1521 local government in writing by December 31, 2011, in order to
1522 receive the 4-year extension.
1523
1524 For the purpose of calculating when a buildout or phase date has
1525 been exceeded, the time shall be tolled during the pendency of
1526 administrative or judicial proceedings relating to development
1527 permits. Any extension of the buildout date of a project or a
1528 phase thereof shall automatically extend the commencement date
1529 of the project, the termination date of the development order,
1530 the expiration date of the development of regional impact, and
1531 the phases thereof if applicable by a like period of time.
1532 (d) A change in the plan of development of an approved
1533 development of regional impact resulting from requirements
1534 imposed by the Department of Environmental Protection or any
1535 water management district created by s. 373.069 or any of their
1536 successor agencies or by any appropriate federal regulatory
1537 agency shall be submitted to the local government pursuant to
1538 this subsection. The change shall be presumed not to create a
1539 substantial deviation subject to further development-of
1540 regional-impact review. The presumption may be rebutted by clear
1541 and convincing evidence at the public hearing held by the local
1542 government.
1543 (e)1. Except for a development order rendered pursuant to
1544 subsection (22) or subsection (25), a proposed change to a
1545 development order which individually or cumulatively with any
1546 previous change is less than any numerical criterion contained
1547 in subparagraphs (b)1.-10. and does not exceed any other
1548 criterion, or which involves an extension of the buildout date
1549 of a development, or any phase thereof, of less than 5 years is
1550 not subject to the public hearing requirements of subparagraph
1551 (f)3., and is not subject to a determination pursuant to
1552 subparagraph (f)5. Notice of the proposed change shall be made
1553 to the regional planning council and the state land planning
1554 agency. Such notice must include a description of previous
1555 individual changes made to the development, including changes
1556 previously approved by the local government, and must include
1557 appropriate amendments to the development order.
1558 2. The following changes, individually or cumulatively with
1559 any previous changes, are not substantial deviations:
1560 a. Changes in the name of the project, developer, owner, or
1561 monitoring official.
1562 b. Changes to a setback which do not affect noise buffers,
1563 environmental protection or mitigation areas, or archaeological
1564 or historical resources.
1565 c. Changes to minimum lot sizes.
1566 d. Changes in the configuration of internal roads which do
1567 not affect external access points.
1568 e. Changes to the building design or orientation which stay
1569 approximately within the approved area designated for such
1570 building and parking lot, and which do not affect historical
1571 buildings designated as significant by the Division of
1572 Historical Resources of the Department of State.
1573 f. Changes to increase the acreage in the development, if
1574 no development is proposed on the acreage to be added.
1575 g. Changes to eliminate an approved land use, if there are
1576 no additional regional impacts.
1577 h. Changes required to conform to permits approved by any
1578 federal, state, or regional permitting agency, if these changes
1579 do not create additional regional impacts.
1580 i. Any renovation or redevelopment of development within a
1581 previously approved development of regional impact which does
1582 not change land use or increase density or intensity of use.
1583 j. Changes that modify boundaries and configuration of
1584 areas described in subparagraph (b)11. due to science-based
1585 refinement of such areas by survey, by habitat evaluation, by
1586 other recognized assessment methodology, or by an environmental
1587 assessment. In order for changes to qualify under this sub
1588 subparagraph, the survey, habitat evaluation, or assessment must
1589 occur before the time that a conservation easement protecting
1590 such lands is recorded and must not result in any net decrease
1591 in the total acreage of the lands specifically set aside for
1592 permanent preservation in the final development order.
1593 k. Changes that do not increase the number of external peak
1594 hour trips and do not reduce open space and conserved areas
1595 within the project except as otherwise permitted by sub
1596 subparagraph j.
1597 l. A phase date extension, if the state land planning
1598 agency, in consultation with the regional planning council and
1599 subject to the written concurrence of the Department of
1600 Transportation, agrees that the traffic impact is not
1601 significant and adverse under applicable state agency rules.
1602 m. Any other change that the state land planning agency, in
1603 consultation with the regional planning council, agrees in
1604 writing is similar in nature, impact, or character to the
1605 changes enumerated in sub-subparagraphs a.-l. and that does not
1606 create the likelihood of any additional regional impact.
1607
1608 This subsection does not require the filing of a notice of
1609 proposed change but requires an application to the local
1610 government to amend the development order in accordance with the
1611 local government’s procedures for amendment of a development
1612 order. In accordance with the local government’s procedures,
1613 including requirements for notice to the applicant and the
1614 public, the local government shall either deny the application
1615 for amendment or adopt an amendment to the development order
1616 which approves the application with or without conditions.
1617 Following adoption, the local government shall render to the
1618 state land planning agency the amendment to the development
1619 order. The state land planning agency may appeal, pursuant to s.
1620 380.07(3), the amendment to the development order if the
1621 amendment involves sub-subparagraph g., sub-subparagraph h.,
1622 sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
1623 and if the agency believes that the change creates a reasonable
1624 likelihood of new or additional regional impacts.
1625 3. Except for the change authorized by sub-subparagraph
1626 2.f., any addition of land not previously reviewed or any change
1627 not specified in paragraph (b) or paragraph (c) shall be
1628 presumed to create a substantial deviation. This presumption may
1629 be rebutted by clear and convincing evidence.
1630 4. Any submittal of a proposed change to a previously
1631 approved development must include a description of individual
1632 changes previously made to the development, including changes
1633 previously approved by the local government. The local
1634 government shall consider the previous and current proposed
1635 changes in deciding whether such changes cumulatively constitute
1636 a substantial deviation requiring further development-of
1637 regional-impact review.
1638 5. The following changes to an approved development of
1639 regional impact shall be presumed to create a substantial
1640 deviation. Such presumption may be rebutted by clear and
1641 convincing evidence:
1642 a. A change proposed for 15 percent or more of the acreage
1643 to a land use not previously approved in the development order.
1644 Changes of less than 15 percent shall be presumed not to create
1645 a substantial deviation.
1646 b. Notwithstanding any provision of paragraph (b) to the
1647 contrary, a proposed change consisting of simultaneous increases
1648 and decreases of at least two of the uses within an authorized
1649 multiuse development of regional impact which was originally
1650 approved with three or more uses specified in s. 380.0651(3)(c)
1651 and (d) and residential use.
1652 6. If a local government agrees to a proposed change, a
1653 change in the transportation proportionate share calculation and
1654 mitigation plan in an adopted development order as a result of
1655 recalculation of the proportionate share contribution meeting
1656 the requirements of s. 163.3180(5)(h) in effect as of the date
1657 of such change shall be presumed not to create a substantial
1658 deviation. For purposes of this subsection, the proposed change
1659 in the proportionate share calculation or mitigation plan may
1660 not be considered an additional regional transportation impact.
1661 (f)1. The state land planning agency shall establish by
1662 rule standard forms for submittal of proposed changes to a
1663 previously approved development of regional impact which may
1664 require further development-of-regional-impact review. At a
1665 minimum, the standard form shall require the developer to
1666 provide the precise language that the developer proposes to
1667 delete or add as an amendment to the development order.
1668 2. The developer shall submit, simultaneously, to the local
1669 government, the regional planning agency, and the state land
1670 planning agency the request for approval of a proposed change.
1671 3. No sooner than 30 days but no later than 45 days after
1672 submittal by the developer to the local government, the state
1673 land planning agency, and the appropriate regional planning
1674 agency, the local government shall give 15 days’ notice and
1675 schedule a public hearing to consider the change that the
1676 developer asserts does not create a substantial deviation. This
1677 public hearing shall be held within 60 days after submittal of
1678 the proposed changes, unless that time is extended by the
1679 developer.
1680 4. The appropriate regional planning agency or the state
1681 land planning agency shall review the proposed change and, no
1682 later than 45 days after submittal by the developer of the
1683 proposed change, unless that time is extended by the developer,
1684 and prior to the public hearing at which the proposed change is
1685 to be considered, shall advise the local government in writing
1686 whether it objects to the proposed change, shall specify the
1687 reasons for its objection, if any, and shall provide a copy to
1688 the developer.
1689 5. At the public hearing, the local government shall
1690 determine whether the proposed change requires further
1691 development-of-regional-impact review. The provisions of
1692 paragraphs (a) and (e), the thresholds set forth in paragraph
1693 (b), and the presumptions set forth in paragraphs (c) and (d)
1694 and subparagraph (e)3. shall be applicable in determining
1695 whether further development-of-regional-impact review is
1696 required. The local government may also deny the proposed change
1697 based on matters relating to local issues, such as if the land
1698 on which the change is sought is plat restricted in a way that
1699 would be incompatible with the proposed change, and the local
1700 government does not wish to change the plat restriction as part
1701 of the proposed change.
1702 6. If the local government determines that the proposed
1703 change does not require further development-of-regional-impact
1704 review and is otherwise approved, or if the proposed change is
1705 not subject to a hearing and determination pursuant to
1706 subparagraphs 3. and 5. and is otherwise approved, the local
1707 government shall issue an amendment to the development order
1708 incorporating the approved change and conditions of approval
1709 relating to the change. The requirement that a change be
1710 otherwise approved shall not be construed to require additional
1711 local review or approval if the change is allowed by applicable
1712 local ordinances without further local review or approval. The
1713 decision of the local government to approve, with or without
1714 conditions, or to deny the proposed change that the developer
1715 asserts does not require further review shall be subject to the
1716 appeal provisions of s. 380.07. However, the state land planning
1717 agency may not appeal the local government decision if it did
1718 not comply with subparagraph 4. The state land planning agency
1719 may not appeal a change to a development order made pursuant to
1720 subparagraph (e)1. or subparagraph (e)2. for developments of
1721 regional impact approved after January 1, 1980, unless the
1722 change would result in a significant impact to a regionally
1723 significant archaeological, historical, or natural resource not
1724 previously identified in the original development-of-regional
1725 impact review.
1726 (g) If a proposed change requires further development-of
1727 regional-impact review pursuant to this section, the review
1728 shall be conducted subject to the following additional
1729 conditions:
1730 1. The development-of-regional-impact review conducted by
1731 the appropriate regional planning agency shall address only
1732 those issues raised by the proposed change except as provided in
1733 subparagraph 2.
1734 2. The regional planning agency shall consider, and the
1735 local government shall determine whether to approve, approve
1736 with conditions, or deny the proposed change as it relates to
1737 the entire development. If the local government determines that
1738 the proposed change, as it relates to the entire development, is
1739 unacceptable, the local government shall deny the change.
1740 3. If the local government determines that the proposed
1741 change should be approved, any new conditions in the amendment
1742 to the development order issued by the local government shall
1743 address only those issues raised by the proposed change and
1744 require mitigation only for the individual and cumulative
1745 impacts of the proposed change.
1746 4. Development within the previously approved development
1747 of regional impact may continue, as approved, during the
1748 development-of-regional-impact review in those portions of the
1749 development which are not directly affected by the proposed
1750 change.
1751 (h) When further development-of-regional-impact review is
1752 required because a substantial deviation has been determined or
1753 admitted by the developer, the amendment to the development
1754 order issued by the local government shall be consistent with
1755 the requirements of subsection (15) and shall be subject to the
1756 hearing and appeal provisions of s. 380.07. The state land
1757 planning agency or the appropriate regional planning agency need
1758 not participate at the local hearing in order to appeal a local
1759 government development order issued pursuant to this paragraph.
1760 (i) An increase in the number of residential dwelling units
1761 shall not constitute a substantial deviation and shall not be
1762 subject to development-of-regional-impact review for additional
1763 impacts, provided that all the residential dwelling units are
1764 dedicated to affordable workforce housing and the total number
1765 of new residential units does not exceed 200 percent of the
1766 substantial deviation threshold. The affordable workforce
1767 housing shall be subject to a recorded land use restriction that
1768 shall be for a period of not less than 20 years and that
1769 includes resale provisions to ensure long-term affordability for
1770 income-eligible homeowners and renters. For purposes of this
1771 paragraph, the term “affordable workforce housing” means housing
1772 that is affordable to a person who earns less than 120 percent
1773 of the area median income, or less than 140 percent of the area
1774 median income if located in a county in which the median
1775 purchase price for a single-family existing home exceeds the
1776 statewide median purchase price of a single-family existing
1777 home. For purposes of this paragraph, the term “statewide median
1778 purchase price of a single-family existing home” means the
1779 statewide purchase price as determined in the Florida Sales
1780 Report, Single-Family Existing Homes, released each January by
1781 the Florida Association of Realtors and the University of
1782 Florida Real Estate Research Center.
1783 (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
1784 or modify the rights of any person to complete any development
1785 that was authorized by registration of a subdivision pursuant to
1786 former chapter 498, by recordation pursuant to local subdivision
1787 plat law, or by a building permit or other authorization to
1788 commence development on which there has been reliance and a
1789 change of position and which registration or recordation was
1790 accomplished, or which permit or authorization was issued, prior
1791 to July 1, 1973. If a developer has, by his or her actions in
1792 reliance on prior regulations, obtained vested or other legal
1793 rights that in law would have prevented a local government from
1794 changing those regulations in a way adverse to the developer’s
1795 interests, nothing in this chapter authorizes any governmental
1796 agency to abridge those rights.
1797 (a) For the purpose of determining the vesting of rights
1798 under this subsection, approval pursuant to local subdivision
1799 plat law, ordinances, or regulations of a subdivision plat by
1800 formal vote of a county or municipal governmental body having
1801 jurisdiction after August 1, 1967, and prior to July 1, 1973, is
1802 sufficient to vest all property rights for the purposes of this
1803 subsection; and no action in reliance on, or change of position
1804 concerning, such local governmental approval is required for
1805 vesting to take place. Anyone claiming vested rights under this
1806 paragraph must notify the department in writing by January 1,
1807 1986. Such notification shall include information adequate to
1808 document the rights established by this subsection. When such
1809 notification requirements are met, in order for the vested
1810 rights authorized pursuant to this paragraph to remain valid
1811 after June 30, 1990, development of the vested plan must be
1812 commenced prior to that date upon the property that the state
1813 land planning agency has determined to have acquired vested
1814 rights following the notification or in a binding letter of
1815 interpretation. When the notification requirements have not been
1816 met, the vested rights authorized by this paragraph shall expire
1817 June 30, 1986, unless development commenced prior to that date.
1818 (b) For the purpose of this act, the conveyance of, or the
1819 agreement to convey, property to the county, state, or local
1820 government as a prerequisite to zoning change approval shall be
1821 construed as an act of reliance to vest rights as determined
1822 under this subsection, provided such zoning change is actually
1823 granted by such government.
1824 (9)(21) VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
1825 DEVELOPMENT ORDER.—
1826 (a) Any agreement previously entered into by a developer, a
1827 regional planning agency, and a local government regarding If a
1828 development project that includes two or more developments of
1829 regional impact and was the subject of, a developer may file a
1830 comprehensive development-of-regional-impact application remains
1831 valid unless it expired on or before the effective date of this
1832 act.
1833 (b) If a proposed development is planned for development
1834 over an extended period of time, the developer may file an
1835 application for master development approval of the project and
1836 agree to present subsequent increments of the development for
1837 preconstruction review. This agreement shall be entered into by
1838 the developer, the regional planning agency, and the appropriate
1839 local government having jurisdiction. The provisions of
1840 subsection (9) do not apply to this subsection, except that a
1841 developer may elect to utilize the review process established in
1842 subsection (9) for review of the increments of a master plan.
1843 1. Prior to adoption of the master plan development order,
1844 the developer, the landowner, the appropriate regional planning
1845 agency, and the local government having jurisdiction shall
1846 review the draft of the development order to ensure that
1847 anticipated regional impacts have been adequately addressed and
1848 that information requirements for subsequent incremental
1849 application review are clearly defined. The development order
1850 for a master application shall specify the information which
1851 must be submitted with an incremental application and shall
1852 identify those issues which can result in the denial of an
1853 incremental application.
1854 2. The review of subsequent incremental applications shall
1855 be limited to that information specifically required and those
1856 issues specifically raised by the master development order,
1857 unless substantial changes in the conditions underlying the
1858 approval of the master plan development order are demonstrated
1859 or the master development order is shown to have been based on
1860 substantially inaccurate information.
1861 (c) The state land planning agency, by rule, shall
1862 establish uniform procedures to implement this subsection.
1863 (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
1864 (a) A downtown development authority may submit a
1865 development-of-regional-impact application for development
1866 approval pursuant to this section. The area described in the
1867 application may consist of any or all of the land over which a
1868 downtown development authority has the power described in s.
1869 380.031(5). For the purposes of this subsection, a downtown
1870 development authority shall be considered the developer whether
1871 or not the development will be undertaken by the downtown
1872 development authority.
1873 (b) In addition to information required by the development
1874 of-regional-impact application, the application for development
1875 approval submitted by a downtown development authority shall
1876 specify the total amount of development planned for each land
1877 use category. In addition to the requirements of subsection
1878 (15), the development order shall specify the amount of
1879 development approved within each land use category. Development
1880 undertaken in conformance with a development order issued under
1881 this section does not require further review.
1882 (c) If a development is proposed within the area of a
1883 downtown development plan approved pursuant to this section
1884 which would result in development in excess of the amount
1885 specified in the development order for that type of activity,
1886 changes shall be subject to the provisions of subsection (19),
1887 except that the percentages and numerical criteria shall be
1888 double those listed in paragraph (19)(b).
1889 (d) The provisions of subsection (9) do not apply to this
1890 subsection.
1891 (23) ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
1892 (a) The state land planning agency shall adopt rules to
1893 ensure uniform review of developments of regional impact by the
1894 state land planning agency and regional planning agencies under
1895 this section. These rules shall be adopted pursuant to chapter
1896 120 and shall include all forms, application content, and review
1897 guidelines necessary to implement development-of-regional-impact
1898 reviews. The state land planning agency, in consultation with
1899 the regional planning agencies, may also designate types of
1900 development or areas suitable for development in which reduced
1901 information requirements for development-of-regional-impact
1902 review shall apply.
1903 (b) Regional planning agencies shall be subject to rules
1904 adopted by the state land planning agency. At the request of a
1905 regional planning council, the state land planning agency may
1906 adopt by rule different standards for a specific comprehensive
1907 planning district upon a finding that the statewide standard is
1908 inadequate to protect or promote the regional interest at issue.
1909 If such a regional standard is adopted by the state land
1910 planning agency, the regional standard shall be applied to all
1911 pertinent development-of-regional-impact reviews conducted in
1912 that region until rescinded.
1913 (c) Within 6 months of the effective date of this section,
1914 the state land planning agency shall adopt rules which:
1915 1. Establish uniform statewide standards for development
1916 of-regional-impact review.
1917 2. Establish a short application for development approval
1918 form which eliminates issues and questions for any project in a
1919 jurisdiction with an adopted local comprehensive plan that is in
1920 compliance.
1921 (d) Regional planning agencies that perform development-of
1922 regional-impact and Florida Quality Development review are
1923 authorized to assess and collect fees to fund the costs, direct
1924 and indirect, of conducting the review process. The state land
1925 planning agency shall adopt rules to provide uniform criteria
1926 for the assessment and collection of such fees. The rules
1927 providing uniform criteria shall not be subject to rule
1928 challenge under s. 120.56(2) or to drawout proceedings under s.
1929 120.54(3)(c)2., but, once adopted, shall be subject to an
1930 invalidity challenge under s. 120.56(3) by substantially
1931 affected persons. Until the state land planning agency adopts a
1932 rule implementing this paragraph, rules of the regional planning
1933 councils currently in effect regarding fees shall remain in
1934 effect. Fees may vary in relation to the type and size of a
1935 proposed project, but shall not exceed $75,000, unless the state
1936 land planning agency, after reviewing any disputed expenses
1937 charged by the regional planning agency, determines that said
1938 expenses were reasonable and necessary for an adequate regional
1939 review of the impacts of a project.
1940 (24) STATUTORY EXEMPTIONS.—
1941 (a) Any proposed hospital is exempt from this section.
1942 (b) Any proposed electrical transmission line or electrical
1943 power plant is exempt from this section.
1944 (c) Any proposed addition to an existing sports facility
1945 complex is exempt from this section if the addition meets the
1946 following characteristics:
1947 1. It would not operate concurrently with the scheduled
1948 hours of operation of the existing facility.
1949 2. Its seating capacity would be no more than 75 percent of
1950 the capacity of the existing facility.
1951 3. The sports facility complex property is owned by a
1952 public body before July 1, 1983.
1953
1954 This exemption does not apply to any pari-mutuel facility.
1955 (d) Any proposed addition or cumulative additions
1956 subsequent to July 1, 1988, to an existing sports facility
1957 complex owned by a state university is exempt if the increased
1958 seating capacity of the complex is no more than 30 percent of
1959 the capacity of the existing facility.
1960 (e) Any addition of permanent seats or parking spaces for
1961 an existing sports facility located on property owned by a
1962 public body before July 1, 1973, is exempt from this section if
1963 future additions do not expand existing permanent seating or
1964 parking capacity more than 15 percent annually in excess of the
1965 prior year’s capacity.
1966 (f) Any increase in the seating capacity of an existing
1967 sports facility having a permanent seating capacity of at least
1968 50,000 spectators is exempt from this section, provided that
1969 such an increase does not increase permanent seating capacity by
1970 more than 5 percent per year and not to exceed a total of 10
1971 percent in any 5-year period, and provided that the sports
1972 facility notifies the appropriate local government within which
1973 the facility is located of the increase at least 6 months before
1974 the initial use of the increased seating, in order to permit the
1975 appropriate local government to develop a traffic management
1976 plan for the traffic generated by the increase. Any traffic
1977 management plan shall be consistent with the local comprehensive
1978 plan, the regional policy plan, and the state comprehensive
1979 plan.
1980 (g) Any expansion in the permanent seating capacity or
1981 additional improved parking facilities of an existing sports
1982 facility is exempt from this section, if the following
1983 conditions exist:
1984 1.a. The sports facility had a permanent seating capacity
1985 on January 1, 1991, of at least 41,000 spectator seats;
1986 b. The sum of such expansions in permanent seating capacity
1987 does not exceed a total of 10 percent in any 5-year period and
1988 does not exceed a cumulative total of 20 percent for any such
1989 expansions; or
1990 c. The increase in additional improved parking facilities
1991 is a one-time addition and does not exceed 3,500 parking spaces
1992 serving the sports facility; and
1993 2. The local government having jurisdiction of the sports
1994 facility includes in the development order or development permit
1995 approving such expansion under this paragraph a finding of fact
1996 that the proposed expansion is consistent with the
1997 transportation, water, sewer and stormwater drainage provisions
1998 of the approved local comprehensive plan and local land
1999 development regulations relating to those provisions.
2000
2001 Any owner or developer who intends to rely on this statutory
2002 exemption shall provide to the department a copy of the local
2003 government application for a development permit. Within 45 days
2004 after receipt of the application, the department shall render to
2005 the local government an advisory and nonbinding opinion, in
2006 writing, stating whether, in the department’s opinion, the
2007 prescribed conditions exist for an exemption under this
2008 paragraph. The local government shall render the development
2009 order approving each such expansion to the department. The
2010 owner, developer, or department may appeal the local government
2011 development order pursuant to s. 380.07, within 45 days after
2012 the order is rendered. The scope of review shall be limited to
2013 the determination of whether the conditions prescribed in this
2014 paragraph exist. If any sports facility expansion undergoes
2015 development-of-regional-impact review, all previous expansions
2016 which were exempt under this paragraph shall be included in the
2017 development-of-regional-impact review.
2018 (h) Expansion to port harbors, spoil disposal sites,
2019 navigation channels, turning basins, harbor berths, and other
2020 related inwater harbor facilities of ports listed in s.
2021 403.021(9)(b), port transportation facilities and projects
2022 listed in s. 311.07(3)(b), and intermodal transportation
2023 facilities identified pursuant to s. 311.09(3) are exempt from
2024 this section when such expansions, projects, or facilities are
2025 consistent with comprehensive master plans that are in
2026 compliance with s. 163.3178.
2027 (i) Any proposed facility for the storage of any petroleum
2028 product or any expansion of an existing facility is exempt from
2029 this section.
2030 (j) Any renovation or redevelopment within the same land
2031 parcel which does not change land use or increase density or
2032 intensity of use.
2033 (k) Waterport and marina development, including dry storage
2034 facilities, are exempt from this section.
2035 (l) Any proposed development within an urban service
2036 boundary established under s. 163.3177(14), Florida Statutes
2037 (2010), which is not otherwise exempt pursuant to subsection
2038 (29), is exempt from this section if the local government having
2039 jurisdiction over the area where the development is proposed has
2040 adopted the urban service boundary and has entered into a
2041 binding agreement with jurisdictions that would be impacted and
2042 with the Department of Transportation regarding the mitigation
2043 of impacts on state and regional transportation facilities.
2044 (m) Any proposed development within a rural land
2045 stewardship area created under s. 163.3248.
2046 (n) The establishment, relocation, or expansion of any
2047 military installation as defined in s. 163.3175, is exempt from
2048 this section.
2049 (o) Any self-storage warehousing that does not allow retail
2050 or other services is exempt from this section.
2051 (p) Any proposed nursing home or assisted living facility
2052 is exempt from this section.
2053 (q) Any development identified in an airport master plan
2054 and adopted into the comprehensive plan pursuant to s.
2055 163.3177(6)(b)4. is exempt from this section.
2056 (r) Any development identified in a campus master plan and
2057 adopted pursuant to s. 1013.30 is exempt from this section.
2058 (s) Any development in a detailed specific area plan which
2059 is prepared and adopted pursuant to s. 163.3245 is exempt from
2060 this section.
2061 (t) Any proposed solid mineral mine and any proposed
2062 addition to, expansion of, or change to an existing solid
2063 mineral mine is exempt from this section. A mine owner will
2064 enter into a binding agreement with the Department of
2065 Transportation to mitigate impacts to strategic intermodal
2066 system facilities pursuant to the transportation thresholds in
2067 subsection (19) or rule 9J-2.045(6), Florida Administrative
2068 Code. Proposed changes to any previously approved solid mineral
2069 mine development-of-regional-impact development orders having
2070 vested rights are is not subject to further review or approval
2071 as a development-of-regional-impact or notice-of-proposed-change
2072 review or approval pursuant to subsection (19), except for those
2073 applications pending as of July 1, 2011, which shall be governed
2074 by s. 380.115(2). Notwithstanding the foregoing, however,
2075 pursuant to s. 380.115(1), previously approved solid mineral
2076 mine development-of-regional-impact development orders shall
2077 continue to enjoy vested rights and continue to be effective
2078 unless rescinded by the developer. All local government
2079 regulations of proposed solid mineral mines shall be applicable
2080 to any new solid mineral mine or to any proposed addition to,
2081 expansion of, or change to an existing solid mineral mine.
2082 (u) Notwithstanding any provisions in an agreement with or
2083 among a local government, regional agency, or the state land
2084 planning agency or in a local government’s comprehensive plan to
2085 the contrary, a project no longer subject to development-of
2086 regional-impact review under revised thresholds is not required
2087 to undergo such review.
2088 (v) Any development within a county with a research and
2089 education authority created by special act and that is also
2090 within a research and development park that is operated or
2091 managed by a research and development authority pursuant to part
2092 V of chapter 159 is exempt from this section.
2093 (w) Any development in an energy economic zone designated
2094 pursuant to s. 377.809 is exempt from this section upon approval
2095 by its local governing body.
2096 (x) Any proposed development that is located in a local
2097 government jurisdiction that does not qualify for an exemption
2098 based on the population and density criteria in paragraph
2099 (29)(a), that is approved as a comprehensive plan amendment
2100 adopted pursuant to s. 163.3184(4), and that is the subject of
2101 an agreement pursuant to s. 288.106(5) is exempt from this
2102 section. This exemption shall only be effective upon a written
2103 agreement executed by the applicant, the local government, and
2104 the state land planning agency. The state land planning agency
2105 shall only be a party to the agreement upon a determination that
2106 the development is the subject of an agreement pursuant to s.
2107 288.106(5) and that the local government has the capacity to
2108 adequately assess the impacts of the proposed development. The
2109 local government shall only be a party to the agreement upon
2110 approval by the governing body of the local government and upon
2111 providing at least 21 days’ notice to adjacent local governments
2112 that includes, at a minimum, information regarding the location,
2113 density and intensity of use, and timing of the proposed
2114 development. This exemption does not apply to areas within the
2115 boundary of any area of critical state concern designated
2116 pursuant to s. 380.05, within the boundary of the Wekiva Study
2117 Area as described in s. 369.316, or within 2 miles of the
2118 boundary of the Everglades Protection Area as defined in s.
2119 373.4592(2).
2120
2121 If a use is exempt from review as a development of regional
2122 impact under paragraphs (a)-(u), but will be part of a larger
2123 project that is subject to review as a development of regional
2124 impact, the impact of the exempt use must be included in the
2125 review of the larger project, unless such exempt use involves a
2126 development of regional impact that includes a landowner,
2127 tenant, or user that has entered into a funding agreement with
2128 the Department of Economic Opportunity under the Innovation
2129 Incentive Program and the agreement contemplates a state award
2130 of at least $50 million.
2131 (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
2132 (a) Any approval of an authorized developer for may submit
2133 an areawide development of regional impact remains valid unless
2134 it expired on or before the effective date of this act. to be
2135 reviewed pursuant to the procedures and standards set forth in
2136 this section. The areawide development-of-regional-impact review
2137 shall include an areawide development plan in addition to any
2138 other information required under this section. After review and
2139 approval of an areawide development of regional impact under
2140 this section, all development within the defined planning area
2141 shall conform to the approved areawide development plan and
2142 development order. Individual developments that conform to the
2143 approved areawide development plan shall not be required to
2144 undergo further development-of-regional-impact review, unless
2145 otherwise provided in the development order. As used in this
2146 subsection, the term:
2147 1. “Areawide development plan” means a plan of development
2148 that, at a minimum:
2149 a. Encompasses a defined planning area approved pursuant to
2150 this subsection that will include at least two or more
2151 developments;
2152 b. Maps and defines the land uses proposed, including the
2153 amount of development by use and development phasing;
2154 c. Integrates a capital improvements program for
2155 transportation and other public facilities to ensure development
2156 staging contingent on availability of facilities and services;
2157 d. Incorporates land development regulation, covenants, and
2158 other restrictions adequate to protect resources and facilities
2159 of regional and state significance; and
2160 e. Specifies responsibilities and identifies the mechanisms
2161 for carrying out all commitments in the areawide development
2162 plan and for compliance with all conditions of any areawide
2163 development order.
2164 2. “Developer” means any person or association of persons,
2165 including a governmental agency as defined in s. 380.031(6),
2166 that petitions for authorization to file an application for
2167 development approval for an areawide development plan.
2168 (b) A developer may petition for authorization to submit a
2169 proposed areawide development of regional impact for a defined
2170 planning area in accordance with the following requirements:
2171 1. A petition shall be submitted to the local government,
2172 the regional planning agency, and the state land planning
2173 agency.
2174 2. A public hearing or joint public hearing shall be held
2175 if required by paragraph (e), with appropriate notice, before
2176 the affected local government.
2177 3. The state land planning agency shall apply the following
2178 criteria for evaluating a petition:
2179 a. Whether the developer is financially capable of
2180 processing the application for development approval through
2181 final approval pursuant to this section.
2182 b. Whether the defined planning area and anticipated
2183 development therein appear to be of a character, magnitude, and
2184 location that a proposed areawide development plan would be in
2185 the public interest. Any public interest determination under
2186 this criterion is preliminary and not binding on the state land
2187 planning agency, regional planning agency, or local government.
2188 4. The state land planning agency shall develop and make
2189 available standard forms for petitions and applications for
2190 development approval for use under this subsection.
2191 (c) Any person may submit a petition to a local government
2192 having jurisdiction over an area to be developed, requesting
2193 that government to approve that person as a developer, whether
2194 or not any or all development will be undertaken by that person,
2195 and to approve the area as appropriate for an areawide
2196 development of regional impact.
2197 (d) A general purpose local government with jurisdiction
2198 over an area to be considered in an areawide development of
2199 regional impact shall not have to petition itself for
2200 authorization to prepare and consider an application for
2201 development approval for an areawide development plan. However,
2202 such a local government shall initiate the preparation of an
2203 application only:
2204 1. After scheduling and conducting a public hearing as
2205 specified in paragraph (e); and
2206 2. After conducting such hearing, finding that the planning
2207 area meets the standards and criteria pursuant to subparagraph
2208 (b)3. for determining that an areawide development plan will be
2209 in the public interest.
2210 (e) The local government shall schedule a public hearing
2211 within 60 days after receipt of the petition. The public hearing
2212 shall be advertised at least 30 days prior to the hearing. In
2213 addition to the public hearing notice by the local government,
2214 the petitioner, except when the petitioner is a local
2215 government, shall provide actual notice to each person owning
2216 land within the proposed areawide development plan at least 30
2217 days prior to the hearing. If the petitioner is a local
2218 government, or local governments pursuant to an interlocal
2219 agreement, notice of the public hearing shall be provided by the
2220 publication of an advertisement in a newspaper of general
2221 circulation that meets the requirements of this paragraph. The
2222 advertisement must be no less than one-quarter page in a
2223 standard size or tabloid size newspaper, and the headline in the
2224 advertisement must be in type no smaller than 18 point. The
2225 advertisement shall not be published in that portion of the
2226 newspaper where legal notices and classified advertisements
2227 appear. The advertisement must be published in a newspaper of
2228 general paid circulation in the county and of general interest
2229 and readership in the community, not one of limited subject
2230 matter, pursuant to chapter 50. Whenever possible, the
2231 advertisement must appear in a newspaper that is published at
2232 least 5 days a week, unless the only newspaper in the community
2233 is published less than 5 days a week. The advertisement must be
2234 in substantially the form used to advertise amendments to
2235 comprehensive plans pursuant to s. 163.3184. The local
2236 government shall specifically notify in writing the regional
2237 planning agency and the state land planning agency at least 30
2238 days prior to the public hearing. At the public hearing, all
2239 interested parties may testify and submit evidence regarding the
2240 petitioner’s qualifications, the need for and benefits of an
2241 areawide development of regional impact, and such other issues
2242 relevant to a full consideration of the petition. If more than
2243 one local government has jurisdiction over the defined planning
2244 area in an areawide development plan, the local governments
2245 shall hold a joint public hearing. Such hearing shall address,
2246 at a minimum, the need to resolve conflicting ordinances or
2247 comprehensive plans, if any. The local government holding the
2248 joint hearing shall comply with the following additional
2249 requirements:
2250 1. The notice of the hearing shall be published at least 60
2251 days in advance of the hearing and shall specify where the
2252 petition may be reviewed.
2253 2. The notice shall be given to the state land planning
2254 agency, to the applicable regional planning agency, and to such
2255 other persons as may have been designated by the state land
2256 planning agency as entitled to receive such notices.
2257 3. A public hearing date shall be set by the appropriate
2258 local government at the next scheduled meeting.
2259 (f) Following the public hearing, the local government
2260 shall issue a written order, appealable under s. 380.07, which
2261 approves, approves with conditions, or denies the petition. It
2262 shall approve the petitioner as the developer if it finds that
2263 the petitioner and defined planning area meet the standards and
2264 criteria, consistent with applicable law, pursuant to
2265 subparagraph (b)3.
2266 (g) The local government shall submit any order which
2267 approves the petition, or approves the petition with conditions,
2268 to the petitioner, to all owners of property within the defined
2269 planning area, to the regional planning agency, and to the state
2270 land planning agency within 30 days after the order becomes
2271 effective.
2272 (h) The petitioner, an owner of property within the defined
2273 planning area, the appropriate regional planning agency by vote
2274 at a regularly scheduled meeting, or the state land planning
2275 agency may appeal the decision of the local government to the
2276 Florida Land and Water Adjudicatory Commission by filing a
2277 notice of appeal with the commission. The procedures established
2278 in s. 380.07 shall be followed for such an appeal.
2279 (i) After the time for appeal of the decision has run, an
2280 approved developer may submit an application for development
2281 approval for a proposed areawide development of regional impact
2282 for land within the defined planning area, pursuant to
2283 subsection (6). Development undertaken in conformance with an
2284 areawide development order issued under this section shall not
2285 require further development-of-regional-impact review.
2286 (j) In reviewing an application for a proposed areawide
2287 development of regional impact, the regional planning agency
2288 shall evaluate, and the local government shall consider, the
2289 following criteria, in addition to any other criteria set forth
2290 in this section:
2291 1. Whether the developer has demonstrated its legal,
2292 financial, and administrative ability to perform any commitments
2293 it has made in the application for a proposed areawide
2294 development of regional impact.
2295 2. Whether the developer has demonstrated that all property
2296 owners within the defined planning area consent or do not object
2297 to the proposed areawide development of regional impact.
2298 3. Whether the area and the anticipated development are
2299 consistent with the applicable local, regional, and state
2300 comprehensive plans, except as provided for in paragraph (k).
2301 (k) In addition to the requirements of subsection (14), a
2302 development order approving, or approving with conditions, a
2303 proposed areawide development of regional impact shall specify
2304 the approved land uses and the amount of development approved
2305 within each land use category in the defined planning area. The
2306 development order shall incorporate by reference the approved
2307 areawide development plan. The local government shall not
2308 approve an areawide development plan that is inconsistent with
2309 the local comprehensive plan, except that a local government may
2310 amend its comprehensive plan pursuant to paragraph (6)(b).
2311 (l) Any owner of property within the defined planning area
2312 may withdraw his or her consent to the areawide development plan
2313 at any time prior to local government approval, with or without
2314 conditions, of the petition; and the plan, the areawide
2315 development order, and the exemption from development-of
2316 regional-impact review of individual projects under this section
2317 shall not thereafter apply to the owner’s property. After the
2318 areawide development order is issued, a landowner may withdraw
2319 his or her consent only with the approval of the local
2320 government.
2321 (m) If the developer of an areawide development of regional
2322 impact is a general purpose local government with jurisdiction
2323 over the land area included within the areawide development
2324 proposal and if no interest in the land within the land area is
2325 owned, leased, or otherwise controlled by a person, corporate or
2326 natural, for the purpose of mining or beneficiation of minerals,
2327 then:
2328 1. Demonstration of property owner consent or lack of
2329 objection to an areawide development plan shall not be required;
2330 and
2331 2. The option to withdraw consent does not apply, and all
2332 property and development within the areawide development
2333 planning area shall be subject to the areawide plan and to the
2334 development order conditions.
2335 (n) After a development order approving an areawide
2336 development plan is received, changes shall be subject to the
2337 provisions of subsection (19), except that the percentages and
2338 numerical criteria shall be double those listed in paragraph
2339 (19)(b).
2340 (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
2341 (a) There is hereby established a process to abandon a
2342 development of regional impact and its associated development
2343 orders. A development of regional impact and its associated
2344 development orders may be proposed to be abandoned by the owner
2345 or developer. The local government in whose jurisdiction in
2346 which the development of regional impact is located also may
2347 propose to abandon the development of regional impact, provided
2348 that the local government gives individual written notice to
2349 each development-of-regional-impact owner and developer of
2350 record, and provided that no such owner or developer objects in
2351 writing to the local government before prior to or at the public
2352 hearing pertaining to abandonment of the development of regional
2353 impact. The state land planning agency is authorized to
2354 promulgate rules that shall include, but not be limited to,
2355 criteria for determining whether to grant, grant with
2356 conditions, or deny a proposal to abandon, and provisions to
2357 ensure that the developer satisfies all applicable conditions of
2358 the development order and adequately mitigates for the impacts
2359 of the development. If there is no existing development within
2360 the development of regional impact at the time of abandonment
2361 and no development within the development of regional impact is
2362 proposed by the owner or developer after such abandonment, an
2363 abandonment order may shall not require the owner or developer
2364 to contribute any land, funds, or public facilities as a
2365 condition of such abandonment order. The local government must
2366 file rules shall also provide a procedure for filing notice of
2367 the abandonment pursuant to s. 28.222 with the clerk of the
2368 circuit court for each county in which the development of
2369 regional impact is located. Abandonment will be deemed to have
2370 occurred upon the recording of the notice. Any decision by a
2371 local government concerning the abandonment of a development of
2372 regional impact is shall be subject to an appeal pursuant to s.
2373 380.07. The issues in any such appeal must shall be confined to
2374 whether the provisions of this subsection or any rules
2375 promulgated thereunder have been satisfied.
2376 (b) If requested by the owner, developer, or local
2377 government, the development-of-regional-impact development order
2378 must be abandoned by the local government having jurisdiction
2379 upon a showing that all required mitigation related to the
2380 amount of development which existed on the date of abandonment
2381 has been completed or will be completed under an existing permit
2382 or equivalent authorization issued by a governmental agency as
2383 defined in s. 380.031(6), provided such permit or authorization
2384 is subject to enforcement through administrative or judicial
2385 remedies Upon receipt of written confirmation from the state
2386 land planning agency that any required mitigation applicable to
2387 completed development has occurred, an industrial development of
2388 regional impact located within the coastal high-hazard area of a
2389 rural area of opportunity which was approved before the adoption
2390 of the local government’s comprehensive plan required under s.
2391 163.3167 and which plan’s future land use map and zoning
2392 designates the land use for the development of regional impact
2393 as commercial may be unilaterally abandoned without the need to
2394 proceed through the process described in paragraph (a) if the
2395 developer or owner provides a notice of abandonment to the local
2396 government and records such notice with the applicable clerk of
2397 court. Abandonment shall be deemed to have occurred upon the
2398 recording of the notice. All development following abandonment
2399 must shall be fully consistent with the current comprehensive
2400 plan and applicable zoning.
2401 (c) A development order for abandonment of an approved
2402 development of regional impact may be amended by a local
2403 government pursuant to subsection (7), provided that the
2404 amendment does not reduce any mitigation previously required as
2405 a condition of abandonment, unless the developer demonstrates
2406 that changes to the development no longer will result in impacts
2407 that necessitated the mitigation.
2408 (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
2409 DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
2410 or her rights, responsibilities, and obligations under a
2411 development order and the development order does not clearly
2412 define his or her rights, responsibilities, and obligations, the
2413 developer or owner may request participation in resolving the
2414 dispute through the dispute resolution process outlined in s.
2415 186.509. The Department of Economic Opportunity shall be
2416 notified by certified mail of any meeting held under the process
2417 provided for by this subsection at least 5 days before the
2418 meeting.
2419 (28) PARTIAL STATUTORY EXEMPTIONS.—
2420 (a) If the binding agreement referenced under paragraph
2421 (24)(l) for urban service boundaries is not entered into within
2422 12 months after establishment of the urban service boundary, the
2423 development-of-regional-impact review for projects within the
2424 urban service boundary must address transportation impacts only.
2425 (b) If the binding agreement referenced under paragraph
2426 (24)(m) for rural land stewardship areas is not entered into
2427 within 12 months after the designation of a rural land
2428 stewardship area, the development-of-regional-impact review for
2429 projects within the rural land stewardship area must address
2430 transportation impacts only.
2431 (c) If the binding agreement for designated urban infill
2432 and redevelopment areas is not entered into within 12 months
2433 after the designation of the area or July 1, 2007, whichever
2434 occurs later, the development-of-regional-impact review for
2435 projects within the urban infill and redevelopment area must
2436 address transportation impacts only.
2437 (d) A local government that does not wish to enter into a
2438 binding agreement or that is unable to agree on the terms of the
2439 agreement referenced under paragraph (24)(l) or paragraph
2440 (24)(m) shall provide written notification to the state land
2441 planning agency of the decision to not enter into a binding
2442 agreement or the failure to enter into a binding agreement
2443 within the 12-month period referenced in paragraphs (a), (b) and
2444 (c). Following the notification of the state land planning
2445 agency, development-of-regional-impact review for projects
2446 within an urban service boundary under paragraph (24)(l), or a
2447 rural land stewardship area under paragraph (24)(m), must
2448 address transportation impacts only.
2449 (e) The vesting provision of s. 163.3167(5) relating to an
2450 authorized development of regional impact does not apply to
2451 those projects partially exempt from the development-of
2452 regional-impact review process under paragraphs (a)-(d).
2453 (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
2454 (a) The following are exempt from this section:
2455 1. Any proposed development in a municipality that has an
2456 average of at least 1,000 people per square mile of land area
2457 and a minimum total population of at least 5,000;
2458 2. Any proposed development within a county, including the
2459 municipalities located in the county, that has an average of at
2460 least 1,000 people per square mile of land area and is located
2461 within an urban service area as defined in s. 163.3164 which has
2462 been adopted into the comprehensive plan;
2463 3. Any proposed development within a county, including the
2464 municipalities located therein, which has a population of at
2465 least 900,000, that has an average of at least 1,000 people per
2466 square mile of land area, but which does not have an urban
2467 service area designated in the comprehensive plan; or
2468 4. Any proposed development within a county, including the
2469 municipalities located therein, which has a population of at
2470 least 1 million and is located within an urban service area as
2471 defined in s. 163.3164 which has been adopted into the
2472 comprehensive plan.
2473
2474 The Office of Economic and Demographic Research within the
2475 Legislature shall annually calculate the population and density
2476 criteria needed to determine which jurisdictions meet the
2477 density criteria in subparagraphs 1.-4. by using the most recent
2478 land area data from the decennial census conducted by the Bureau
2479 of the Census of the United States Department of Commerce and
2480 the latest available population estimates determined pursuant to
2481 s. 186.901. If any local government has had an annexation,
2482 contraction, or new incorporation, the Office of Economic and
2483 Demographic Research shall determine the population density
2484 using the new jurisdictional boundaries as recorded in
2485 accordance with s. 171.091. The Office of Economic and
2486 Demographic Research shall annually submit to the state land
2487 planning agency by July 1 a list of jurisdictions that meet the
2488 total population and density criteria. The state land planning
2489 agency shall publish the list of jurisdictions on its Internet
2490 website within 7 days after the list is received. The
2491 designation of jurisdictions that meet the criteria of
2492 subparagraphs 1.-4. is effective upon publication on the state
2493 land planning agency’s Internet website. If a municipality that
2494 has previously met the criteria no longer meets the criteria,
2495 the state land planning agency shall maintain the municipality
2496 on the list and indicate the year the jurisdiction last met the
2497 criteria. However, any proposed development of regional impact
2498 not within the established boundaries of a municipality at the
2499 time the municipality last met the criteria must meet the
2500 requirements of this section until such time as the municipality
2501 as a whole meets the criteria. Any county that meets the
2502 criteria shall remain on the list in accordance with the
2503 provisions of this paragraph. Any jurisdiction that was placed
2504 on the dense urban land area list before June 2, 2011, shall
2505 remain on the list in accordance with the provisions of this
2506 paragraph.
2507 (b) If a municipality that does not qualify as a dense
2508 urban land area pursuant to paragraph (a) designates any of the
2509 following areas in its comprehensive plan, any proposed
2510 development within the designated area is exempt from the
2511 development-of-regional-impact process:
2512 1. Urban infill as defined in s. 163.3164;
2513 2. Community redevelopment areas as defined in s. 163.340;
2514 3. Downtown revitalization areas as defined in s. 163.3164;
2515 4. Urban infill and redevelopment under s. 163.2517; or
2516 5. Urban service areas as defined in s. 163.3164 or areas
2517 within a designated urban service boundary under s.
2518 163.3177(14), Florida Statutes (2010).
2519 (c) If a county that does not qualify as a dense urban land
2520 area designates any of the following areas in its comprehensive
2521 plan, any proposed development within the designated area is
2522 exempt from the development-of-regional-impact process:
2523 1. Urban infill as defined in s. 163.3164;
2524 2. Urban infill and redevelopment under s. 163.2517; or
2525 3. Urban service areas as defined in s. 163.3164.
2526 (d) A development that is located partially outside an area
2527 that is exempt from the development-of-regional-impact program
2528 must undergo development-of-regional-impact review pursuant to
2529 this section. However, if the total acreage that is included
2530 within the area exempt from development-of-regional-impact
2531 review exceeds 85 percent of the total acreage and square
2532 footage of the approved development of regional impact, the
2533 development-of-regional-impact development order may be
2534 rescinded in both local governments pursuant to s. 380.115(1),
2535 unless the portion of the development outside the exempt area
2536 meets the threshold criteria of a development-of-regional
2537 impact.
2538 (e) In an area that is exempt under paragraphs (a)-(c), any
2539 previously approved development-of-regional-impact development
2540 orders shall continue to be effective, but the developer has the
2541 option to be governed by s. 380.115(1). A pending application
2542 for development approval shall be governed by s. 380.115(2).
2543 (f) Local governments must submit by mail a development
2544 order to the state land planning agency for projects that would
2545 be larger than 120 percent of any applicable development-of
2546 regional-impact threshold and would require development-of
2547 regional-impact review but for the exemption from the program
2548 under paragraphs (a)-(c). For such development orders, the state
2549 land planning agency may appeal the development order pursuant
2550 to s. 380.07 for inconsistency with the comprehensive plan
2551 adopted under chapter 163.
2552 (g) If a local government that qualifies as a dense urban
2553 land area under this subsection is subsequently found to be
2554 ineligible for designation as a dense urban land area, any
2555 development located within that area which has a complete,
2556 pending application for authorization to commence development
2557 may maintain the exemption if the developer is continuing the
2558 application process in good faith or the development is
2559 approved.
2560 (h) This subsection does not limit or modify the rights of
2561 any person to complete any development that has been authorized
2562 as a development of regional impact pursuant to this chapter.
2563 (i) This subsection does not apply to areas:
2564 1. Within the boundary of any area of critical state
2565 concern designated pursuant to s. 380.05;
2566 2. Within the boundary of the Wekiva Study Area as
2567 described in s. 369.316; or
2568 3. Within 2 miles of the boundary of the Everglades
2569 Protection Area as described in s. 373.4592(2).
2570 (12)(30) PROPOSED DEVELOPMENTS.—A proposed development that
2571 exceeds the statewide guidelines and standards specified in s.
2572 380.0651 and is not otherwise exempt pursuant to s. 380.0651
2573 must otherwise subject to the review requirements of this
2574 section shall be approved by a local government pursuant to s.
2575 163.3184(4) in lieu of proceeding in accordance with this
2576 section. However, if the proposed development is consistent with
2577 the comprehensive plan as provided in s. 163.3194(3)(b), the
2578 development is not required to undergo review pursuant to s.
2579 163.3184(4) or this section. This subsection does not apply to
2580 amendments to a development order governing an existing
2581 development of regional impact.
2582 Section 3. Section 380.061, Florida Statutes, is amended to
2583 read:
2584 380.061 The Florida Quality Developments program.—
2585 (1) This section only applies to developments approved as
2586 Florida Quality Developments before the effective date of this
2587 act There is hereby created the Florida Quality Developments
2588 program. The intent of this program is to encourage development
2589 which has been thoughtfully planned to take into consideration
2590 protection of Florida’s natural amenities, the cost to local
2591 government of providing services to a growing community, and the
2592 high quality of life Floridians desire. It is further intended
2593 that the developer be provided, through a cooperative and
2594 coordinated effort, an expeditious and timely review by all
2595 agencies with jurisdiction over the project of his or her
2596 proposed development.
2597 (2) Following written notification to the state land
2598 planning agency and the appropriate regional planning agency, a
2599 local government with an approved Florida Quality Development
2600 within its jurisdiction must set a public hearing pursuant to
2601 its local procedures and shall adopt a local development order
2602 to replace and supersede the development order adopted by the
2603 state land planning agency for the Florida Quality Development.
2604 Thereafter, the Florida Quality Development shall follow the
2605 procedures and requirements for developments of regional impact
2606 as specified in this chapter Developments that may be designated
2607 as Florida Quality Developments are those developments which are
2608 above 80 percent of any numerical thresholds in the guidelines
2609 and standards for development-of-regional-impact review pursuant
2610 to s. 380.06.
2611 (3)(a) To be eligible for designation under this program,
2612 the developer shall comply with each of the following
2613 requirements if applicable to the site of a qualified
2614 development:
2615 1. Donate or enter into a binding commitment to donate the
2616 fee or a lesser interest sufficient to protect, in perpetuity,
2617 the natural attributes of the types of land listed below. In
2618 lieu of this requirement, the developer may enter into a binding
2619 commitment that runs with the land to set aside such areas on
2620 the property, in perpetuity, as open space to be retained in a
2621 natural condition or as otherwise permitted under this
2622 subparagraph. Under the requirements of this subparagraph, the
2623 developer may reserve the right to use such areas for passive
2624 recreation that is consistent with the purposes for which the
2625 land was preserved.
2626 a. Those wetlands and water bodies throughout the state
2627 which would be delineated if the provisions of s. 373.4145(1)(b)
2628 were applied. The developer may use such areas for the purpose
2629 of site access, provided other routes of access are unavailable
2630 or impracticable; may use such areas for the purpose of
2631 stormwater or domestic sewage management and other necessary
2632 utilities if such uses are permitted pursuant to chapter 403; or
2633 may redesign or alter wetlands and water bodies within the
2634 jurisdiction of the Department of Environmental Protection which
2635 have been artificially created if the redesign or alteration is
2636 done so as to produce a more naturally functioning system.
2637 b. Active beach or primary and, where appropriate,
2638 secondary dunes, to maintain the integrity of the dune system
2639 and adequate public accessways to the beach. However, the
2640 developer may retain the right to construct and maintain
2641 elevated walkways over the dunes to provide access to the beach.
2642 c. Known archaeological sites determined to be of
2643 significance by the Division of Historical Resources of the
2644 Department of State.
2645 d. Areas known to be important to animal species designated
2646 as endangered or threatened by the United States Fish and
2647 Wildlife Service or by the Fish and Wildlife Conservation
2648 Commission, for reproduction, feeding, or nesting; for traveling
2649 between such areas used for reproduction, feeding, or nesting;
2650 or for escape from predation.
2651 e. Areas known to contain plant species designated as
2652 endangered by the Department of Agriculture and Consumer
2653 Services.
2654 2. Produce, or dispose of, no substances designated as
2655 hazardous or toxic substances by the United States Environmental
2656 Protection Agency, the Department of Environmental Protection,
2657 or the Department of Agriculture and Consumer Services. This
2658 subparagraph does not apply to the production of these
2659 substances in nonsignificant amounts as would occur through
2660 household use or incidental use by businesses.
2661 3. Participate in a downtown reuse or redevelopment program
2662 to improve and rehabilitate a declining downtown area.
2663 4. Incorporate no dredge and fill activities in, and no
2664 stormwater discharge into, waters designated as Class II,
2665 aquatic preserves, or Outstanding Florida Waters, except as
2666 permitted pursuant to s. 403.813(1), and the developer
2667 demonstrates that those activities meet the standards under
2668 Class II waters, Outstanding Florida Waters, or aquatic
2669 preserves, as applicable.
2670 5. Include open space, recreation areas, Florida-friendly
2671 landscaping as defined in s. 373.185, and energy conservation
2672 and minimize impermeable surfaces as appropriate to the location
2673 and type of project.
2674 6. Provide for construction and maintenance of all onsite
2675 infrastructure necessary to support the project and enter into a
2676 binding commitment with local government to provide an
2677 appropriate fair-share contribution toward the offsite impacts
2678 that the development will impose on publicly funded facilities
2679 and services, except offsite transportation, and condition or
2680 phase the commencement of development to ensure that public
2681 facilities and services, except offsite transportation, are
2682 available concurrent with the impacts of the development. For
2683 the purposes of offsite transportation impacts, the developer
2684 shall comply, at a minimum, with the standards of the state land
2685 planning agency’s development-of-regional-impact transportation
2686 rule, the approved strategic regional policy plan, any
2687 applicable regional planning council transportation rule, and
2688 the approved local government comprehensive plan and land
2689 development regulations adopted pursuant to part II of chapter
2690 163.
2691 7. Design and construct the development in a manner that is
2692 consistent with the adopted state plan, the applicable strategic
2693 regional policy plan, and the applicable adopted local
2694 government comprehensive plan.
2695 (b) In addition to the foregoing requirements, the
2696 developer shall plan and design his or her development in a
2697 manner which includes the needs of the people in this state as
2698 identified in the state comprehensive plan and the quality of
2699 life of the people who will live and work in or near the
2700 development. The developer is encouraged to plan and design his
2701 or her development in an innovative manner. These planning and
2702 design features may include, but are not limited to, such things
2703 as affordable housing, care for the elderly, urban renewal or
2704 redevelopment, mass transit, the protection and preservation of
2705 wetlands outside the jurisdiction of the Department of
2706 Environmental Protection or of uplands as wildlife habitat,
2707 provision for the recycling of solid waste, provision for onsite
2708 child care, enhancement of emergency management capabilities,
2709 the preservation of areas known to be primary habitat for
2710 significant populations of species of special concern designated
2711 by the Fish and Wildlife Conservation Commission, or community
2712 economic development. These additional amenities will be
2713 considered in determining whether the development qualifies for
2714 designation under this program.
2715 (4) The department shall adopt an application for
2716 development designation consistent with the intent of this
2717 section.
2718 (5)(a) Before filing an application for development
2719 designation, the developer shall contact the Department of
2720 Economic Opportunity to arrange one or more preapplication
2721 conferences with the other reviewing entities. Upon the request
2722 of the developer or any of the reviewing entities, other
2723 affected state or regional agencies shall participate in this
2724 conference. The department, in coordination with the local
2725 government with jurisdiction and the regional planning council,
2726 shall provide the developer information about the Florida
2727 Quality Developments designation process and the use of
2728 preapplication conferences to identify issues, coordinate
2729 appropriate state, regional, and local agency requirements,
2730 fully address any concerns of the local government, the regional
2731 planning council, and other reviewing agencies and the meeting
2732 of those concerns, if applicable, through development order
2733 conditions, and otherwise promote a proper, efficient, and
2734 timely review of the proposed Florida Quality Development. The
2735 department shall take the lead in coordinating the review
2736 process.
2737 (b) The developer shall submit the application to the state
2738 land planning agency, the appropriate regional planning agency,
2739 and the appropriate local government for review. The review
2740 shall be conducted under the time limits and procedures set
2741 forth in s. 120.60, except that the 90-day time limit shall
2742 cease to run when the state land planning agency and the local
2743 government have notified the applicant of their decision on
2744 whether the development should be designated under this program.
2745 (c) At any time prior to the issuance of the Florida
2746 Quality Development development order, the developer of a
2747 proposed Florida Quality Development shall have the right to
2748 withdraw the proposed project from consideration as a Florida
2749 Quality Development. The developer may elect to convert the
2750 proposed project to a proposed development of regional impact.
2751 The conversion shall be in the form of a letter to the reviewing
2752 entities stating the developer’s intent to seek authorization
2753 for the development as a development of regional impact under s.
2754 380.06. If a proposed Florida Quality Development converts to a
2755 development of regional impact, the developer shall resubmit the
2756 appropriate application and the development shall be subject to
2757 all applicable procedures under s. 380.06, except that:
2758 1. A preapplication conference held under paragraph (a)
2759 satisfies the preapplication procedures requirement under s.
2760 380.06(7); and
2761 2. If requested in the withdrawal letter, a finding of
2762 completeness of the application under paragraph (a) and s.
2763 120.60 may be converted to a finding of sufficiency by the
2764 regional planning council if such a conversion is approved by
2765 the regional planning council.
2766
2767 The regional planning council shall have 30 days to notify the
2768 developer if the request for conversion of completeness to
2769 sufficiency is granted or denied. If granted and the application
2770 is found sufficient, the regional planning council shall notify
2771 the local government that a public hearing date may be set to
2772 consider the development for approval as a development of
2773 regional impact, and the development shall be subject to all
2774 applicable rules, standards, and procedures of s. 380.06. If the
2775 request for conversion of completeness to sufficiency is denied,
2776 the developer shall resubmit the appropriate application for
2777 review and the development shall be subject to all applicable
2778 procedures under s. 380.06, except as otherwise provided in this
2779 paragraph.
2780 (d) If the local government and state land planning agency
2781 agree that the project should be designated under this program,
2782 the state land planning agency shall issue a development order
2783 which incorporates the plan of development as set out in the
2784 application along with any agreed-upon modifications and
2785 conditions, based on recommendations by the local government and
2786 regional planning council, and a certification that the
2787 development is designated as one of Florida’s Quality
2788 Developments. In the event of conflicting recommendations, the
2789 state land planning agency, after consultation with the local
2790 government and the regional planning agency, shall resolve such
2791 conflicts in the development order. Upon designation, the
2792 development, as approved, is exempt from development-of
2793 regional-impact review pursuant to s. 380.06.
2794 (e) If the local government or state land planning agency,
2795 or both, recommends against designation, the development shall
2796 undergo development-of-regional-impact review pursuant to s.
2797 380.06, except as provided in subsection (6) of this section.
2798 (6)(a) In the event that the development is not designated
2799 under subsection (5), the developer may appeal that
2800 determination to the Quality Developments Review Board. The
2801 board shall consist of the secretary of the state land planning
2802 agency, the Secretary of Environmental Protection and a member
2803 designated by the secretary, the Secretary of Transportation,
2804 the executive director of the Fish and Wildlife Conservation
2805 Commission, the executive director of the appropriate water
2806 management district created pursuant to chapter 373, and the
2807 chief executive officer of the appropriate local government.
2808 When there is a significant historical or archaeological site
2809 within the boundaries of a development which is appealed to the
2810 board, the director of the Division of Historical Resources of
2811 the Department of State shall also sit on the board. The staff
2812 of the state land planning agency shall serve as staff to the
2813 board.
2814 (b) The board shall meet once each quarter of the year.
2815 However, a meeting may be waived if no appeals are pending.
2816 (c) On appeal, the sole issue shall be whether the
2817 development meets the statutory criteria for designation under
2818 this program. An affirmative vote of at least five members of
2819 the board, including the affirmative vote of the chief executive
2820 officer of the appropriate local government, shall be necessary
2821 to designate the development by the board.
2822 (d) The state land planning agency shall adopt procedural
2823 rules for consideration of appeals under this subsection.
2824 (7)(a) The development order issued pursuant to this
2825 section is enforceable in the same manner as a development order
2826 issued pursuant to s. 380.06.
2827 (b) Appeal of a development order issued pursuant to this
2828 section shall be available only pursuant to s. 380.07.
2829 (8)(a) Any local government comprehensive plan amendments
2830 related to a Florida Quality Development may be initiated by a
2831 local planning agency and considered by the local governing body
2832 at the same time as the application for development approval.
2833 Nothing in this subsection shall be construed to require
2834 favorable consideration of a Florida Quality Development solely
2835 because it is related to a development of regional impact.
2836 (b) The department shall adopt, by rule, standards and
2837 procedures necessary to implement the Florida Quality
2838 Developments program. The rules must include, but need not be
2839 limited to, provisions governing annual reports and criteria for
2840 determining whether a proposed change to an approved Florida
2841 Quality Development is a substantial change requiring further
2842 review.
2843 Section 4. Section 380.0651, Florida Statutes, is amended
2844 to read:
2845 380.0651 Statewide guidelines, and standards, and
2846 exemptions.—
2847 (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
2848 guidelines and standards for developments required to undergo
2849 development-of-regional-impact review provided in this section
2850 supersede the statewide guidelines and standards previously
2851 adopted by the Administration Commission that address the same
2852 development. Other standards and guidelines previously adopted
2853 by the Administration Commission, including the residential
2854 standards and guidelines, shall not be superseded. The
2855 guidelines and standards shall be applied in the manner
2856 described in s. 380.06(2)(a).
2857 (2) The Administration Commission shall publish the
2858 statewide guidelines and standards established in this section
2859 in its administrative rule in place of the guidelines and
2860 standards that are superseded by this act, without the
2861 proceedings required by s. 120.54 and notwithstanding the
2862 provisions of s. 120.545(1)(c). The Administration Commission
2863 shall initiate rulemaking proceedings pursuant to s. 120.54 to
2864 make all other technical revisions necessary to conform the
2865 rules to this act. Rule amendments made pursuant to this
2866 subsection shall not be subject to the requirement for
2867 legislative approval pursuant to s. 380.06(2).
2868 (3) Subject to the exemptions and partial exemptions
2869 specified in this section, the following statewide guidelines
2870 and standards shall be applied in the manner described in s.
2871 380.06(2) to determine whether the following developments are
2872 subject to the requirements of s. 380.06 shall be required to
2873 undergo development-of-regional-impact review:
2874 (a) Airports.—
2875 1. Any of the following airport construction projects is
2876 shall be a development of regional impact:
2877 a. A new commercial service or general aviation airport
2878 with paved runways.
2879 b. A new commercial service or general aviation paved
2880 runway.
2881 c. A new passenger terminal facility.
2882 2. Lengthening of an existing runway by 25 percent or an
2883 increase in the number of gates by 25 percent or three gates,
2884 whichever is greater, on a commercial service airport or a
2885 general aviation airport with regularly scheduled flights is a
2886 development of regional impact. However, expansion of existing
2887 terminal facilities at a nonhub or small hub commercial service
2888 airport is shall not be a development of regional impact.
2889 3. Any airport development project which is proposed for
2890 safety, repair, or maintenance reasons alone and would not have
2891 the potential to increase or change existing types of aircraft
2892 activity is not a development of regional impact.
2893 Notwithstanding subparagraphs 1. and 2., renovation,
2894 modernization, or replacement of airport airside or terminal
2895 facilities that may include increases in square footage of such
2896 facilities but does not increase the number of gates or change
2897 the existing types of aircraft activity is not a development of
2898 regional impact.
2899 (b) Attractions and recreation facilities.—Any sports,
2900 entertainment, amusement, or recreation facility, including, but
2901 not limited to, a sports arena, stadium, racetrack, tourist
2902 attraction, amusement park, or pari-mutuel facility, the
2903 construction or expansion of which:
2904 1. For single performance facilities:
2905 a. Provides parking spaces for more than 2,500 cars; or
2906 b. Provides more than 10,000 permanent seats for
2907 spectators.
2908 2. For serial performance facilities:
2909 a. Provides parking spaces for more than 1,000 cars; or
2910 b. Provides more than 4,000 permanent seats for spectators.
2911
2912 For purposes of this subsection, “serial performance facilities”
2913 means those using their parking areas or permanent seating more
2914 than one time per day on a regular or continuous basis.
2915 (c) Office development.—Any proposed office building or
2916 park operated under common ownership, development plan, or
2917 management that:
2918 1. Encompasses 300,000 or more square feet of gross floor
2919 area; or
2920 2. Encompasses more than 600,000 square feet of gross floor
2921 area in a county with a population greater than 500,000 and only
2922 in a geographic area specifically designated as highly suitable
2923 for increased threshold intensity in the approved local
2924 comprehensive plan.
2925 (d) Retail and service development.—Any proposed retail,
2926 service, or wholesale business establishment or group of
2927 establishments which deals primarily with the general public
2928 onsite, operated under one common property ownership,
2929 development plan, or management that:
2930 1. Encompasses more than 400,000 square feet of gross area;
2931 or
2932 2. Provides parking spaces for more than 2,500 cars.
2933 (e) Recreational vehicle development.—Any proposed
2934 recreational vehicle development planned to create or
2935 accommodate 500 or more spaces.
2936 (f) Multiuse development.—Any proposed development with two
2937 or more land uses where the sum of the percentages of the
2938 appropriate thresholds identified in chapter 28-24, Florida
2939 Administrative Code, or this section for each land use in the
2940 development is equal to or greater than 145 percent. Any
2941 proposed development with three or more land uses, one of which
2942 is residential and contains at least 100 dwelling units or 15
2943 percent of the applicable residential threshold, whichever is
2944 greater, where the sum of the percentages of the appropriate
2945 thresholds identified in chapter 28-24, Florida Administrative
2946 Code, or this section for each land use in the development is
2947 equal to or greater than 160 percent. This threshold is in
2948 addition to, and does not preclude, a development from being
2949 required to undergo development-of-regional-impact review under
2950 any other threshold.
2951 (g) Residential development.—A rule may not be adopted
2952 concerning residential developments which treats a residential
2953 development in one county as being located in a less populated
2954 adjacent county unless more than 25 percent of the development
2955 is located within 2 miles or less of the less populated adjacent
2956 county. The residential thresholds of adjacent counties with
2957 less population and a lower threshold may not be controlling on
2958 any development wholly located within areas designated as rural
2959 areas of opportunity.
2960 (h) Workforce housing.—The applicable guidelines for
2961 residential development and the residential component for
2962 multiuse development shall be increased by 50 percent where the
2963 developer demonstrates that at least 15 percent of the total
2964 residential dwelling units authorized within the development of
2965 regional impact will be dedicated to affordable workforce
2966 housing, subject to a recorded land use restriction that shall
2967 be for a period of not less than 20 years and that includes
2968 resale provisions to ensure long-term affordability for income
2969 eligible homeowners and renters and provisions for the workforce
2970 housing to be commenced prior to the completion of 50 percent of
2971 the market rate dwelling. For purposes of this paragraph, the
2972 term “affordable workforce housing” means housing that is
2973 affordable to a person who earns less than 120 percent of the
2974 area median income, or less than 140 percent of the area median
2975 income if located in a county in which the median purchase price
2976 for a single-family existing home exceeds the statewide median
2977 purchase price of a single-family existing home. For the
2978 purposes of this paragraph, the term “statewide median purchase
2979 price of a single-family existing home” means the statewide
2980 purchase price as determined in the Florida Sales Report,
2981 Single-Family Existing Homes, released each January by the
2982 Florida Association of Realtors and the University of Florida
2983 Real Estate Research Center.
2984 (i) Schools.—
2985 1. The proposed construction of any public, private, or
2986 proprietary postsecondary educational campus which provides for
2987 a design population of more than 5,000 full-time equivalent
2988 students, or the proposed physical expansion of any public,
2989 private, or proprietary postsecondary educational campus having
2990 such a design population that would increase the population by
2991 at least 20 percent of the design population.
2992 2. As used in this paragraph, “full-time equivalent
2993 student” means enrollment for 15 or more quarter hours during a
2994 single academic semester. In career centers or other
2995 institutions which do not employ semester hours or quarter hours
2996 in accounting for student participation, enrollment for 18
2997 contact hours shall be considered equivalent to one quarter
2998 hour, and enrollment for 27 contact hours shall be considered
2999 equivalent to one semester hour.
3000 3. This paragraph does not apply to institutions which are
3001 the subject of a campus master plan adopted by the university
3002 board of trustees pursuant to s. 1013.30.
3003 (2) STATUTORY EXEMPTIONS.—The following developments are
3004 exempt from s. 380.06:
3005 (a) Any proposed hospital.
3006 (b) Any proposed electrical transmission line or electrical
3007 power plant.
3008 (c) Any proposed addition to an existing sports facility
3009 complex if the addition meets the following characteristics:
3010 1. It would not operate concurrently with the scheduled
3011 hours of operation of the existing facility;
3012 2. Its seating capacity would be no more than 75 percent of
3013 the capacity of the existing facility; and
3014 3. The sports facility complex property was owned by a
3015 public body before July 1, 1983.
3016
3017 This exemption does not apply to any pari-mutuel facility as
3018 defined in s. 550.002.
3019 (d) Any proposed addition or cumulative additions
3020 subsequent to July 1, 1988, to an existing sports facility
3021 complex owned by a state university, if the increased seating
3022 capacity of the complex is no more than 30 percent of the
3023 capacity of the existing facility.
3024 (e) Any addition of permanent seats or parking spaces for
3025 an existing sports facility located on property owned by a
3026 public body before July 1, 1973, if future additions do not
3027 expand existing permanent seating or parking capacity more than
3028 15 percent annually in excess of the prior year’s capacity.
3029 (f) Any increase in the seating capacity of an existing
3030 sports facility having a permanent seating capacity of at least
3031 50,000 spectators, provided that such an increase does not
3032 increase permanent seating capacity by more than 5 percent per
3033 year and does not exceed a total of 10 percent in any 5-year
3034 period. The sports facility must notify the appropriate local
3035 government within which the facility is located of the increase
3036 at least 6 months before the initial use of the increased
3037 seating in order to permit the appropriate local government to
3038 develop a traffic management plan for the traffic generated by
3039 the increase. Any traffic management plan must be consistent
3040 with the local comprehensive plan, the regional policy plan, and
3041 the state comprehensive plan.
3042 (g) Any expansion in the permanent seating capacity or
3043 additional improved parking facilities of an existing sports
3044 facility, if the following conditions exist:
3045 1.a. The sports facility had a permanent seating capacity
3046 on January 1, 1991, of at least 41,000 spectator seats;
3047 b. The sum of such expansions in permanent seating capacity
3048 does not exceed a total of 10 percent in any 5-year period and
3049 does not exceed a cumulative total of 20 percent for any such
3050 expansions; or
3051 c. The increase in additional improved parking facilities
3052 is a one-time addition and does not exceed 3,500 parking spaces
3053 serving the sports facility; and
3054 2. The local government having jurisdiction over the sports
3055 facility includes in the development order or development permit
3056 approving such expansion under this paragraph a finding of fact
3057 that the proposed expansion is consistent with the
3058 transportation, water, sewer, and stormwater drainage provisions
3059 of the approved local comprehensive plan and local land
3060 development regulations relating to those provisions.
3061
3062 Any owner or developer who intends to rely on this statutory
3063 exemption shall provide to the state land planning agency a copy
3064 of the local government application for a development permit.
3065 Within 45 days after receipt of the application, the state land
3066 planning agency shall render to the local government an advisory
3067 and nonbinding opinion, in writing, stating whether, in the
3068 state land planning agency’s opinion, the prescribed conditions
3069 exist for an exemption under this paragraph. The local
3070 government shall render the development order approving each
3071 such expansion to the state land planning agency. The owner,
3072 developer, or state land planning agency may appeal the local
3073 government development order pursuant to s. 380.07 within 45
3074 days after the order is rendered. The scope of review shall be
3075 limited to the determination of whether the conditions
3076 prescribed in this paragraph exist. If any sports facility
3077 expansion undergoes development-of-regional-impact review, all
3078 previous expansions that were exempt under this paragraph must
3079 be included in the development-of-regional-impact review.
3080 (h) Expansion to port harbors, spoil disposal sites,
3081 navigation channels, turning basins, harbor berths, and other
3082 related inwater harbor facilities of the ports specified in s.
3083 403.021(9)(b), port transportation facilities and projects
3084 listed in s. 311.07(3)(b), and intermodal transportation
3085 facilities identified pursuant to s. 311.09(3) when such
3086 expansions, projects, or facilities are consistent with port
3087 master plans and are in compliance with s. 163.3178.
3088 (i) Any proposed facility for the storage of any petroleum
3089 product or any expansion of an existing facility.
3090 (j) Any renovation or redevelopment within the same parcel
3091 as the existing development if such renovation or redevelopment
3092 does not change land use or increase density or intensity of
3093 use.
3094 (k) Waterport and marina development, including dry storage
3095 facilities.
3096 (l) Any proposed development within an urban service area
3097 boundary established under s. 163.3177(14), Florida Statutes
3098 2010, that is not otherwise exempt pursuant to subsection (3),if
3099 the local government having jurisdiction over the area where the
3100 development is proposed has adopted the urban service area
3101 boundary and has entered into a binding agreement with
3102 jurisdictions that would be impacted and with the Department of
3103 Transportation regarding the mitigation of impacts on state and
3104 regional transportation facilities.
3105 (m) Any proposed development within a rural land
3106 stewardship area created under s. 163.3248.
3107 (n) The establishment, relocation, or expansion of any
3108 military installation as specified in s. 163.3175.
3109 (o) Any self-storage warehousing that does not allow retail
3110 or other services.
3111 (p) Any proposed nursing home or assisted living facility.
3112 (q) Any development identified in an airport master plan
3113 and adopted into the comprehensive plan pursuant to s.
3114 163.3177(6)(b)4.
3115 (r) Any development identified in a campus master plan and
3116 adopted pursuant to s. 1013.30.
3117 (s) Any development in a detailed specific area plan
3118 prepared and adopted pursuant to s. 163.3245.
3119 (t) Any proposed solid mineral mine and any proposed
3120 addition to, expansion of, or change to an existing solid
3121 mineral mine. A mine owner must, however, enter into a binding
3122 agreement with the Department of Transportation to mitigate
3123 impacts to strategic intermodal system facilities. Proposed
3124 changes to any previously approved solid mineral mine
3125 development-of-regional-impact development orders having vested
3126 rights are not subject to further review or approval as a
3127 development-of-regional-impact or notice-of-proposed-change
3128 review or approval pursuant to subsection (19), except for those
3129 applications pending as of July 1, 2011, which are governed by
3130 s. 380.115(2). Notwithstanding this requirement, pursuant to s.
3131 380.115(1), a previously approved solid mineral mine
3132 development-of-regional impact development order continues to
3133 have vested rights and continues to be effective unless
3134 rescinded by the developer. All local government regulations of
3135 proposed solid mineral mines are applicable to any new solid
3136 mineral mine or to any proposed addition to, expansion of, or
3137 change to an existing solid mineral mine.
3138 (u) Notwithstanding any provision in an agreement with or
3139 among a local government, regional agency, or the state land
3140 planning agency or in a local government’s comprehensive plan to
3141 the contrary, a project no longer subject to development-of
3142 regional-impact review under the revised thresholds specified in
3143 s. 380.06(2)(b) and this section.
3144 (v) Any development within a county that has a research and
3145 education authority created by special act and which is also
3146 within a research and development park that is operated or
3147 managed by a research and development authority pursuant to part
3148 V of chapter 159.
3149 (w) Any development in an energy economic zone designated
3150 pursuant to s. 377.809 upon approval by its local governing
3151 body.
3152
3153 If a use is exempt from review pursuant to paragraphs (a)-(u),
3154 but will be part of a larger project that is subject to review
3155 pursuant to s. 380.06(12), the impact of the exempt use must be
3156 included in the review of the larger project, unless such exempt
3157 use involves a development that includes a landowner, tenant, or
3158 user that has entered into a funding agreement with the state
3159 land planning agency under the Innovation Incentive Program and
3160 the agreement contemplates a state award of at least $50
3161 million.
3162 (3) EXEMPTIONS FOR DENSE URBAN LAND AREAS.
3163 (a) The following are exempt from the requirements of s.
3164 380.06:
3165 1. Any proposed development in a municipality having an
3166 average of at least 1,000 people per square mile of land area
3167 and a minimum total population of at least 5,000;
3168 2. Any proposed development within a county, including the
3169 municipalities located therein, having an average of at least
3170 1,000 people per square mile of land area and the development is
3171 located within an urban service area as defined in s. 163.3164
3172 which has been adopted into the comprehensive plan as defined in
3173 s. 163.3164;
3174 3. Any proposed development within a county, including the
3175 municipalities located therein, having a population of at least
3176 900,000 and an average of at least 1,000 people per square mile
3177 of land area, but which does not have an urban service area
3178 designated in the comprehensive plan; and
3179 4. Any proposed development within a county, including the
3180 municipalities located therein, having a population of at least
3181 1 million and the development is located within an urban service
3182 area as defined in s. 163.3164 which has been adopted into the
3183 comprehensive plan.
3184
3185 The Office of Economic and Demographic Research within the
3186 Legislature shall annually calculate the population and density
3187 criteria needed to determine which jurisdictions meet the
3188 density criteria in subparagraphs 1.-4. by using the most recent
3189 land area data from the decennial census conducted by the Bureau
3190 of the Census of the United States Department of Commerce and
3191 the latest available population estimates determined pursuant to
3192 s. 186.901. If any local government has had an annexation,
3193 contraction, or new incorporation, the Office of Economic and
3194 Demographic Research shall determine the population density
3195 using the new jurisdictional boundaries as recorded in
3196 accordance with s. 171.091. The Office of Economic and
3197 Demographic Research shall annually submit to the state land
3198 planning agency by July 1 a list of jurisdictions that meet the
3199 total population and density criteria. The state land planning
3200 agency shall publish the list of jurisdictions on its website
3201 within 7 days after the list is received. The designation of
3202 jurisdictions that meet the criteria of subparagraphs 1.-4. is
3203 effective upon publication on the state land planning agency’s
3204 website. If a municipality that has previously met the criteria
3205 no longer meets the criteria, the state land planning agency
3206 must maintain the municipality on the list and indicate the year
3207 the jurisdiction last met the criteria. However, any proposed
3208 development of regional impact not within the established
3209 boundaries of a municipality at the time the municipality last
3210 met the criteria must meet the requirements of this section
3211 until the municipality as a whole meets the criteria. Any county
3212 that meets the criteria must remain on the list. Any
3213 jurisdiction that was placed on the dense urban land area list
3214 before June 2, 2011, must remain on the list.
3215 (b) If a municipality that does not qualify as a dense
3216 urban land area pursuant to paragraph (a) designates any of the
3217 following areas in its comprehensive plan, any proposed
3218 development within the designated area is exempt from s. 380.06
3219 unless otherwise required by part II of chapter 163:
3220 1. Urban infill as defined in s. 163.3164;
3221 2. Community redevelopment areas as defined in s. 163.340;
3222 3. Downtown revitalization areas as defined in s. 163.3164;
3223 4. Urban infill and redevelopment under s. 163.2517; or
3224 5. Urban service areas as defined in s. 163.3164 or areas
3225 within a designated urban service area boundary pursuant to s.
3226 163.3177(14), Florida Statutes 2010.
3227 (c) If a county that does not qualify as a dense urban land
3228 area designates any of the following areas in its comprehensive
3229 plan, any proposed development within the designated area is
3230 exempt from the development-of-regional-impact process:
3231 1. Urban infill as defined in s. 163.3164;
3232 2. Urban infill and redevelopment pursuant to s. 163.2517;
3233 or
3234 3. Urban service areas as defined in s. 163.3164.
3235 (d) If any portion of a development is located in an area
3236 that is not exempt from review under s. 380.06, the development
3237 must undergo review pursuant to that section.
3238 (e) In an area that is exempt under paragraphs (a), (b),
3239 and (c), any previously approved development-of-regional-impact
3240 development orders shall continue to be effective. However, the
3241 developer has the option to be governed by s. 380.115(1).
3242 (f) If a local government qualifies as a dense urban land
3243 area under this subsection and is subsequently found to be
3244 ineligible for designation as a dense urban land area, any
3245 development located within that area which has a complete,
3246 pending application for authorization to commence development
3247 shall maintain the exemption if the developer is continuing the
3248 application process in good faith or the development is
3249 approved.
3250 (g) This subsection does not limit or modify the rights of
3251 any person to complete any development that has been authorized
3252 as a development of regional impact pursuant to this chapter.
3253 (h) This subsection does not apply to areas:
3254 1. Within the boundary of any area of critical state
3255 concern designated pursuant to s. 380.05;
3256 2. Within the boundary of the Wekiva Study Area as
3257 described in s. 369.316; or
3258 3. Within 2 miles of the boundary of the Everglades
3259 Protection Area as defined in s. 373.4592.
3260 (4) PARTIAL STATUTORY EXEMPTIONS.—
3261 (a) If the binding agreement referenced under paragraph
3262 (2)(l) for urban service boundaries is not entered into within
3263 12 months after establishment of the urban service area
3264 boundary, the review pursuant to s. 380.06(12) for projects
3265 within the urban service area boundary must address
3266 transportation impacts only.
3267 (b) If the binding agreement referenced under paragraph
3268 (2)(m) for rural land stewardship areas is not entered into
3269 within 12 months after the designation of a rural land
3270 stewardship area, the review pursuant to s. 380.06(12) for
3271 projects within the rural land stewardship area must address
3272 transportation impacts only.
3273 (c) If the binding agreement for designated urban infill
3274 and redevelopment areas is not entered into within 12 months
3275 after the designation of the area or July 1, 2007, whichever
3276 occurs later, the review pursuant to s. 380.06(12) for projects
3277 within the urban infill and redevelopment area must address
3278 transportation impacts only.
3279 (d) A local government that does not wish to enter into a
3280 binding agreement or that is unable to agree on the terms of the
3281 agreement referenced under paragraph (2)(l) or paragraph (2)(m)
3282 must provide written notification to the state land planning
3283 agency of the decision to not enter into a binding agreement or
3284 the failure to enter into a binding agreement within the 12
3285 month period referenced in paragraphs (a), (b), and (c).
3286 Following the notification of the state land planning agency, a
3287 review pursuant to s. 380.06(12) for projects within an urban
3288 service area boundary under paragraph (2)(l), or a rural land
3289 stewardship area under paragraph (2)(m), must address
3290 transportation impacts only.
3291 (e) The vesting provision of s. 163.3167(5) relating to an
3292 authorized development of regional impact does not apply to
3293 those projects partially exempt from s. 380.06 under paragraphs
3294 (a)-(d) of this subsection.
3295 (4) Two or more developments, represented by their owners
3296 or developers to be separate developments, shall be aggregated
3297 and treated as a single development under this chapter when they
3298 are determined to be part of a unified plan of development and
3299 are physically proximate to one other.
3300 (a) The criteria of three of the following subparagraphs
3301 must be met in order for the state land planning agency to
3302 determine that there is a unified plan of development:
3303 1.a. The same person has retained or shared control of the
3304 developments;
3305 b. The same person has ownership or a significant legal or
3306 equitable interest in the developments; or
3307 c. There is common management of the developments
3308 controlling the form of physical development or disposition of
3309 parcels of the development.
3310 2. There is a reasonable closeness in time between the
3311 completion of 80 percent or less of one development and the
3312 submission to a governmental agency of a master plan or series
3313 of plans or drawings for the other development which is
3314 indicative of a common development effort.
3315 3. A master plan or series of plans or drawings exists
3316 covering the developments sought to be aggregated which have
3317 been submitted to a local general-purpose government, water
3318 management district, the Florida Department of Environmental
3319 Protection, or the Division of Florida Condominiums, Timeshares,
3320 and Mobile Homes for authorization to commence development. The
3321 existence or implementation of a utility’s master utility plan
3322 required by the Public Service Commission or general-purpose
3323 local government or a master drainage plan shall not be the sole
3324 determinant of the existence of a master plan.
3325 4. There is a common advertising scheme or promotional plan
3326 in effect for the developments sought to be aggregated.
3327 (b) The following activities or circumstances shall not be
3328 considered in determining whether to aggregate two or more
3329 developments:
3330 1. Activities undertaken leading to the adoption or
3331 amendment of any comprehensive plan element described in part II
3332 of chapter 163.
3333 2. The sale of unimproved parcels of land, where the seller
3334 does not retain significant control of the future development of
3335 the parcels.
3336 3. The fact that the same lender has a financial interest,
3337 including one acquired through foreclosure, in two or more
3338 parcels, so long as the lender is not an active participant in
3339 the planning, management, or development of the parcels in which
3340 it has an interest.
3341 4. Drainage improvements that are not designed to
3342 accommodate the types of development listed in the guidelines
3343 and standards contained in or adopted pursuant to this chapter
3344 or which are not designed specifically to accommodate the
3345 developments sought to be aggregated.
3346 (c) Aggregation is not applicable when the following
3347 circumstances and provisions of this chapter apply:
3348 1. Developments that are otherwise subject to aggregation
3349 with a development of regional impact which has received
3350 approval through the issuance of a final development order may
3351 not be aggregated with the approved development of regional
3352 impact. However, this subparagraph does not preclude the state
3353 land planning agency from evaluating an allegedly separate
3354 development as a substantial deviation pursuant to s. 380.06(19)
3355 or as an independent development of regional impact.
3356 2. Two or more developments, each of which is independently
3357 a development of regional impact that has or will obtain a
3358 development order pursuant to s. 380.06.
3359 3. Completion of any development that has been vested
3360 pursuant to s. 380.05 or s. 380.06, including vested rights
3361 arising out of agreements entered into with the state land
3362 planning agency for purposes of resolving vested rights issues.
3363 Development-of-regional-impact review of additions to vested
3364 developments of regional impact shall not include review of the
3365 impacts resulting from the vested portions of the development.
3366 4. The developments sought to be aggregated were authorized
3367 to commence development before September 1, 1988, and could not
3368 have been required to be aggregated under the law existing
3369 before that date.
3370 5. Any development that qualifies for an exemption under s.
3371 380.06(29).
3372 6. Newly acquired lands intended for development in
3373 coordination with a developed and existing development of
3374 regional impact are not subject to aggregation if the newly
3375 acquired lands comprise an area that is equal to or less than 10
3376 percent of the total acreage subject to an existing development
3377 of-regional-impact development order.
3378 (d) The provisions of this subsection shall be applied
3379 prospectively from September 1, 1988. Written decisions,
3380 agreements, and binding letters of interpretation made or issued
3381 by the state land planning agency prior to July 1, 1988, shall
3382 not be affected by this subsection.
3383 (e) In order to encourage developers to design, finance,
3384 donate, or build infrastructure, public facilities, or services,
3385 the state land planning agency may enter into binding agreements
3386 with two or more developers providing that the joint planning,
3387 sharing, or use of specified public infrastructure, facilities,
3388 or services by the developers shall not be considered in any
3389 subsequent determination of whether a unified plan of
3390 development exists for their developments. Such binding
3391 agreements may authorize the developers to pool impact fees or
3392 impact-fee credits, or to enter into front-end agreements, or
3393 other financing arrangements by which they collectively agree to
3394 design, finance, donate, or build such public infrastructure,
3395 facilities, or services. Such agreements shall be conditioned
3396 upon a subsequent determination by the appropriate local
3397 government of consistency with the approved local government
3398 comprehensive plan and land development regulations.
3399 Additionally, the developers must demonstrate that the provision
3400 and sharing of public infrastructure, facilities, or services is
3401 in the public interest and not merely for the benefit of the
3402 developments which are the subject of the agreement.
3403 Developments that are the subject of an agreement pursuant to
3404 this paragraph shall be aggregated if the state land planning
3405 agency determines that sufficient aggregation factors are
3406 present to require aggregation without considering the design
3407 features, financial arrangements, donations, or construction
3408 that are specified in and required by the agreement.
3409 (f) The state land planning agency has authority to adopt
3410 rules pursuant to ss. 120.536(1) and 120.54 to implement the
3411 provisions of this subsection.
3412 Section 5. Section 380.07, Florida Statutes, is amended to
3413 read:
3414 380.07 Florida Land and Water Adjudicatory Commission.—
3415 (1) There is hereby created the Florida Land and Water
3416 Adjudicatory Commission, which shall consist of the
3417 Administration Commission. The commission may adopt rules
3418 necessary to ensure compliance with the area of critical state
3419 concern program and the requirements for developments of
3420 regional impact as set forth in this chapter.
3421 (2) Whenever any local government issues any development
3422 order in any area of critical state concern, or in regard to the
3423 abandonment of any approved development of regional impact,
3424 copies of such orders as prescribed by rule by the state land
3425 planning agency shall be transmitted to the state land planning
3426 agency, the regional planning agency, and the owner or developer
3427 of the property affected by such order. The state land planning
3428 agency shall adopt rules describing development order rendition
3429 and effectiveness in designated areas of critical state concern.
3430 Within 45 days after the order is rendered, the owner, the
3431 developer, or the state land planning agency may appeal the
3432 order to the Florida Land and Water Adjudicatory Commission by
3433 filing a petition alleging that the development order is not
3434 consistent with the provisions of this part. The appropriate
3435 regional planning agency by vote at a regularly scheduled
3436 meeting may recommend that the state land planning agency
3437 undertake an appeal of a development-of-regional-impact
3438 development order. Upon the request of an appropriate regional
3439 planning council, affected local government, or any citizen, the
3440 state land planning agency shall consider whether to appeal the
3441 order and shall respond to the request within the 45-day appeal
3442 period.
3443 (3) Notwithstanding any other provision of law, an appeal
3444 of a development order in an area of critical state concern by
3445 the state land planning agency under this section may include
3446 consistency of the development order with the local
3447 comprehensive plan. However, if a development order relating to
3448 a development of regional impact has been challenged in a
3449 proceeding under s. 163.3215 and a party to the proceeding
3450 serves notice to the state land planning agency of the pending
3451 proceeding under s. 163.3215, the state land planning agency
3452 shall:
3453 (a) Raise its consistency issues by intervening as a full
3454 party in the pending proceeding under s. 163.3215 within 30 days
3455 after service of the notice; and
3456 (b) Dismiss the consistency issues from the development
3457 order appeal.
3458 (4) The appellant shall furnish a copy of the petition to
3459 the opposing party, as the case may be, and to the local
3460 government that issued the order. The filing of the petition
3461 stays the effectiveness of the order until after the completion
3462 of the appeal process.
3463 (5) The 45-day appeal period for a development of regional
3464 impact within the jurisdiction of more than one local government
3465 shall not commence until after all the local governments having
3466 jurisdiction over the proposed development of regional impact
3467 have rendered their development orders. The appellant shall
3468 furnish a copy of the notice of appeal to the opposing party, as
3469 the case may be, and to the local government that which issued
3470 the order. The filing of the notice of appeal stays shall stay
3471 the effectiveness of the order until after the completion of the
3472 appeal process.
3473 (5)(6) Before Prior to issuing an order, the Florida Land
3474 and Water Adjudicatory Commission shall hold a hearing pursuant
3475 to the provisions of chapter 120. The commission shall encourage
3476 the submission of appeals on the record made pursuant to
3477 subsection (7) below in cases in which the development order was
3478 issued after a full and complete hearing before the local
3479 government or an agency thereof.
3480 (6)(7) The Florida Land and Water Adjudicatory Commission
3481 shall issue a decision granting or denying permission to develop
3482 pursuant to the standards of this chapter and may attach
3483 conditions and restrictions to its decisions.
3484 (7)(8) If an appeal is filed with respect to any issues
3485 within the scope of a permitting program authorized by chapter
3486 161, chapter 373, or chapter 403 and for which a permit or
3487 conceptual review approval has been obtained before prior to the
3488 issuance of a development order, any such issue shall be
3489 specifically identified in the notice of appeal which is filed
3490 pursuant to this section, together with other issues that which
3491 constitute grounds for the appeal. The appeal may proceed with
3492 respect to issues within the scope of permitting programs for
3493 which a permit or conceptual review approval has been obtained
3494 before prior to the issuance of a development order only after
3495 the commission determines by majority vote at a regularly
3496 scheduled commission meeting that statewide or regional
3497 interests may be adversely affected by the development. In
3498 making this determination, there is shall be a rebuttable
3499 presumption that statewide and regional interests relating to
3500 issues within the scope of the permitting programs for which a
3501 permit or conceptual approval has been obtained are not
3502 adversely affected.
3503 Section 6. Section 380.115, Florida Statutes, is amended to
3504 read:
3505 380.115 Vested rights and duties; effect of size reduction,
3506 changes in statewide guidelines and standards.—
3507 (1) A change in a development-of-regional-impact guideline
3508 and standard does not abridge or modify any vested or other
3509 right or any duty or obligation pursuant to any development
3510 order or agreement that is applicable to a development of
3511 regional impact. A development that has received a development
3512 of-regional-impact development order pursuant to s. 380.06 but
3513 is no longer required to undergo development-of-regional-impact
3514 review by operation of law may elect a change in the guidelines
3515 and standards, a development that has reduced its size below the
3516 thresholds as specified in s. 380.0651, a development that is
3517 exempt pursuant to s. 380.06(24) or (29), or a development that
3518 elects to rescind the development order pursuant to are governed
3519 by the following procedures:
3520 (1)(a) The development shall continue to be governed by the
3521 development-of-regional-impact development order and may be
3522 completed in reliance upon and pursuant to the development order
3523 unless the developer or landowner has followed the procedures
3524 for rescission in subsection (2) paragraph (b). Any proposed
3525 changes to developments which continue to be governed by a
3526 development-of-regional-impact development order must be
3527 approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
3528 before a change in the development-of-regional-impact guidelines
3529 and standards, except that all percentage criteria are doubled
3530 and all other criteria are increased by 10 percent. The local
3531 government issuing the development order must monitor the
3532 development and enforce the development order. Local governments
3533 may not issue any permits or approvals or provide any extensions
3534 of services if the developer fails to act in substantial
3535 compliance with the development order. The development-of
3536 regional-impact development order may be enforced by the local
3537 government as provided in s. 380.11 ss. 380.06(17) and 380.11.
3538 (2)(b) If requested by the developer or landowner, the
3539 development-of-regional-impact development order shall be
3540 rescinded by the local government having jurisdiction upon a
3541 showing that all required mitigation related to the amount of
3542 development that existed on the date of rescission has been
3543 completed or will be completed under an existing permit or
3544 equivalent authorization issued by a governmental agency as
3545 defined in s. 380.031(6), if such permit or authorization is
3546 subject to enforcement through administrative or judicial
3547 remedies.
3548 (2) A development with an application for development
3549 approval pending, pursuant to s. 380.06, on the effective date
3550 of a change to the guidelines and standards, or a notification
3551 of proposed change pending on the effective date of a change to
3552 the guidelines and standards, may elect to continue such review
3553 pursuant to s. 380.06. At the conclusion of the pending review,
3554 including any appeals pursuant to s. 380.07, the resulting
3555 development order shall be governed by the provisions of
3556 subsection (1).
3557 (3) A landowner that has filed an application for a
3558 development-of-regional-impact review prior to the adoption of a
3559 sector plan pursuant to s. 163.3245 may elect to have the
3560 application reviewed pursuant to s. 380.06, comprehensive plan
3561 provisions in force prior to adoption of the sector plan, and
3562 any requested comprehensive plan amendments that accompany the
3563 application.
3564 Section 7. Paragraph (c) of subsection (1) of section
3565 125.68, Florida Statutes, is amended to read:
3566 125.68 Codification of ordinances; exceptions; public
3567 record.—
3568 (1)
3569 (c) The following ordinances are exempt from codification
3570 and annual publication requirements:
3571 1. Any development agreement, or amendment to such
3572 agreement, adopted by ordinance pursuant to ss. 163.3220
3573 163.3243.
3574 2. Any development order, or amendment to such order,
3575 adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
3576 Section 8. Paragraph (e) of subsection (3), subsection (6),
3577 and subsection (12) of section 163.3245, Florida Statutes, are
3578 amended to read:
3579 163.3245 Sector plans.—
3580 (3) Sector planning encompasses two levels: adoption
3581 pursuant to s. 163.3184 of a long-term master plan for the
3582 entire planning area as part of the comprehensive plan, and
3583 adoption by local development order of two or more detailed
3584 specific area plans that implement the long-term master plan and
3585 within which s. 380.06 is waived.
3586 (e) Whenever a local government issues a development order
3587 approving a detailed specific area plan, a copy of such order
3588 shall be rendered to the state land planning agency and the
3589 owner or developer of the property affected by such order, as
3590 prescribed by rules of the state land planning agency for a
3591 development order for a development of regional impact. Within
3592 45 days after the order is rendered, the owner, the developer,
3593 or the state land planning agency may appeal the order to the
3594 Florida Land and Water Adjudicatory Commission by filing a
3595 petition alleging that the detailed specific area plan is not
3596 consistent with the comprehensive plan or with the long-term
3597 master plan adopted pursuant to this section. The appellant
3598 shall furnish a copy of the petition to the opposing party, as
3599 the case may be, and to the local government that issued the
3600 order. The filing of the petition stays the effectiveness of the
3601 order until after completion of the appeal process. However, if
3602 a development order approving a detailed specific area plan has
3603 been challenged by an aggrieved or adversely affected party in a
3604 judicial proceeding pursuant to s. 163.3215, and a party to such
3605 proceeding serves notice to the state land planning agency, the
3606 state land planning agency shall dismiss its appeal to the
3607 commission and shall have the right to intervene in the pending
3608 judicial proceeding pursuant to s. 163.3215. Proceedings for
3609 administrative review of an order approving a detailed specific
3610 area plan shall be conducted consistent with s. 380.07(5) s.
3611 380.07(6). The commission shall issue a decision granting or
3612 denying permission to develop pursuant to the long-term master
3613 plan and the standards of this part and may attach conditions or
3614 restrictions to its decisions.
3615 (6) An applicant who applied Concurrent with or subsequent
3616 to review and adoption of a long-term master plan pursuant to
3617 paragraph (3)(a), an applicant may apply for master development
3618 approval pursuant to s. 380.06 s. 380.06(21) for the entire
3619 planning area shall remain subject to the master development
3620 order in order to establish a buildout date until which the
3621 approved uses and densities and intensities of use of the master
3622 plan are not subject to downzoning, unit density reduction, or
3623 intensity reduction, unless the developer elects to rescind the
3624 development order pursuant to s. 380.115, the development order
3625 is abandoned pursuant to s. 380.06(11), or the local government
3626 can demonstrate that implementation of the master plan is not
3627 continuing in good faith based on standards established by plan
3628 policy, that substantial changes in the conditions underlying
3629 the approval of the master plan have occurred, that the master
3630 plan was based on substantially inaccurate information provided
3631 by the applicant, or that change is clearly established to be
3632 essential to the public health, safety, or welfare. Review of
3633 the application for master development approval shall be at a
3634 level of detail appropriate for the long-term and conceptual
3635 nature of the long-term master plan and, to the maximum extent
3636 possible, may only consider information provided in the
3637 application for a long-term master plan. Notwithstanding s.
3638 380.06, an increment of development in such an approved master
3639 development plan must be approved by a detailed specific area
3640 plan pursuant to paragraph (3)(b) and is exempt from review
3641 pursuant to s. 380.06.
3642 (12) Notwithstanding s. 380.06, this part, or any planning
3643 agreement or plan policy, a landowner or developer who has
3644 received approval of a master development-of-regional-impact
3645 development order pursuant to s. 380.06(9) s. 380.06(21) may
3646 apply to implement this order by filing one or more applications
3647 to approve a detailed specific area plan pursuant to paragraph
3648 (3)(b).
3649 Section 9. Subsections (11), (12), and (14) of section
3650 163.3246, Florida Statutes, are amended to read:
3651 163.3246 Local government comprehensive planning
3652 certification program.—
3653 (11) If the local government of an area described in
3654 subsection (10) does not request that the state land planning
3655 agency review the developments of regional impact that are
3656 proposed within the certified area, an application for approval
3657 of a development order within the certified area is shall be
3658 exempt from review under s. 380.06.
3659 (12) A local government’s certification shall be reviewed
3660 by the local government and the state land planning agency as
3661 part of the evaluation and appraisal process pursuant to s.
3662 163.3191. Within 1 year after the deadline for the local
3663 government to update its comprehensive plan based on the
3664 evaluation and appraisal, the state land planning agency must
3665 shall renew or revoke the certification. The local government’s
3666 failure to timely adopt necessary amendments to update its
3667 comprehensive plan based on an evaluation and appraisal, which
3668 are found to be in compliance by the state land planning agency,
3669 is shall be cause for revoking the certification agreement. The
3670 state land planning agency’s decision to renew or revoke is
3671 shall be considered agency action subject to challenge under s.
3672 120.569.
3673 (14) It is the intent of the Legislature to encourage the
3674 creation of connected-city corridors that facilitate the growth
3675 of high-technology industry and innovation through partnerships
3676 that support research, marketing, workforce, and
3677 entrepreneurship. It is the further intent of the Legislature to
3678 provide for a locally controlled, comprehensive plan amendment
3679 process for such projects that are designed to achieve a
3680 cleaner, healthier environment; limit urban sprawl by promoting
3681 diverse but interconnected communities; provide a range of
3682 intergenerational housing types; protect wildlife and natural
3683 areas; assure the efficient use of land and other resources;
3684 create quality communities of a design that promotes alternative
3685 transportation networks and travel by multiple transportation
3686 modes; and enhance the prospects for the creation of jobs. The
3687 Legislature finds and declares that this state’s connected-city
3688 corridors require a reduced level of state and regional
3689 oversight because of their high degree of urbanization and the
3690 planning capabilities and resources of the local government.
3691 (a) Notwithstanding subsections (2), (4), (5), (6), and
3692 (7), Pasco County is named a pilot community and shall be
3693 considered certified for a period of 10 years for connected-city
3694 corridor plan amendments. The state land planning agency shall
3695 provide a written notice of certification to Pasco County by
3696 July 15, 2015, which shall be considered a final agency action
3697 subject to challenge under s. 120.569. The notice of
3698 certification must include:
3699 1. The boundary of the connected-city corridor
3700 certification area; and
3701 2. A requirement that Pasco County submit an annual or
3702 biennial monitoring report to the state land planning agency
3703 according to the schedule provided in the written notice. The
3704 monitoring report must, at a minimum, include the number of
3705 amendments to the comprehensive plan adopted by Pasco County,
3706 the number of plan amendments challenged by an affected person,
3707 and the disposition of such challenges.
3708 (b) A plan amendment adopted under this subsection may be
3709 based upon a planning period longer than the generally
3710 applicable planning period of the Pasco County local
3711 comprehensive plan, must specify the projected population within
3712 the planning area during the chosen planning period, may include
3713 a phasing or staging schedule that allocates a portion of Pasco
3714 County’s future growth to the planning area through the planning
3715 period, and may designate a priority zone or subarea within the
3716 connected-city corridor for initial implementation of the plan.
3717 A plan amendment adopted under this subsection is not required
3718 to demonstrate need based upon projected population growth or on
3719 any other basis.
3720 (c) If Pasco County adopts a long-term transportation
3721 network plan and financial feasibility plan, and subject to
3722 compliance with the requirements of such a plan, the projects
3723 within the connected-city corridor are deemed to have satisfied
3724 all concurrency and other state agency or local government
3725 transportation mitigation requirements except for site-specific
3726 access management requirements.
3727 (d) If Pasco County does not request that the state land
3728 planning agency review the developments of regional impact that
3729 are proposed within the certified area, an application for
3730 approval of a development order within the certified area is
3731 exempt from review under s. 380.06.
3732 (e) The Office of Program Policy Analysis and Government
3733 Accountability (OPPAGA) shall submit to the Governor, the
3734 President of the Senate, and the Speaker of the House of
3735 Representatives by December 1, 2024, a report and
3736 recommendations for implementing a statewide program that
3737 addresses the legislative findings in this subsection. In
3738 consultation with the state land planning agency, OPPAGA shall
3739 develop the report and recommendations with input from other
3740 state and regional agencies, local governments, and interest
3741 groups. OPPAGA shall also solicit citizen input in the
3742 potentially affected areas and consult with the affected local
3743 government and stakeholder groups. Additionally, OPPAGA shall
3744 review local and state actions and correspondence relating to
3745 the pilot program to identify issues of process and substance in
3746 recommending changes to the pilot program. At a minimum, the
3747 report and recommendations must include:
3748 1. Identification of local governments other than the local
3749 government participating in the pilot program which should be
3750 certified. The report may also recommend that a local government
3751 is no longer appropriate for certification; and
3752 2. Changes to the certification pilot program.
3753 Section 10. Subsection (4) of section 189.08, Florida
3754 Statutes, is amended to read:
3755 189.08 Special district public facilities report.—
3756 (4) Those special districts building, improving, or
3757 expanding public facilities addressed by a development order
3758 issued to the developer pursuant to s. 380.06 may use the most
3759 recent local government annual report required by s. 380.06(6)
3760 s. 380.06(15) and (18) and submitted by the developer, to the
3761 extent the annual report provides the information required by
3762 subsection (2).
3763 Section 11. Subsection (2) of section 190.005, Florida
3764 Statutes, is amended to read:
3765 190.005 Establishment of district.—
3766 (2) The exclusive and uniform method for the establishment
3767 of a community development district of less than 2,500 acres in
3768 size or a community development district of up to 7,000 acres in
3769 size located within a connected-city corridor established
3770 pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
3771 an ordinance adopted by the county commission of the county
3772 having jurisdiction over the majority of land in the area in
3773 which the district is to be located granting a petition for the
3774 establishment of a community development district as follows:
3775 (a) A petition for the establishment of a community
3776 development district shall be filed by the petitioner with the
3777 county commission. The petition shall contain the same
3778 information as required in paragraph (1)(a).
3779 (b) A public hearing on the petition shall be conducted by
3780 the county commission in accordance with the requirements and
3781 procedures of paragraph (1)(d).
3782 (c) The county commission shall consider the record of the
3783 public hearing and the factors set forth in paragraph (1)(e) in
3784 making its determination to grant or deny a petition for the
3785 establishment of a community development district.
3786 (d) The county commission may shall not adopt any ordinance
3787 which would expand, modify, or delete any provision of the
3788 uniform community development district charter as set forth in
3789 ss. 190.006-190.041. An ordinance establishing a community
3790 development district shall only include the matters provided for
3791 in paragraph (1)(f) unless the commission consents to any of the
3792 optional powers under s. 190.012(2) at the request of the
3793 petitioner.
3794 (e) If all of the land in the area for the proposed
3795 district is within the territorial jurisdiction of a municipal
3796 corporation, then the petition requesting establishment of a
3797 community development district under this act shall be filed by
3798 the petitioner with that particular municipal corporation. In
3799 such event, the duties of the county, hereinabove described, in
3800 action upon the petition shall be the duties of the municipal
3801 corporation. If any of the land area of a proposed district is
3802 within the land area of a municipality, the county commission
3803 may not create the district without municipal approval. If all
3804 of the land in the area for the proposed district, even if less
3805 than 2,500 acres, is within the territorial jurisdiction of two
3806 or more municipalities or two or more counties, except for
3807 proposed districts within a connected-city corridor established
3808 pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
3809 be filed with the Florida Land and Water Adjudicatory Commission
3810 and proceed in accordance with subsection (1).
3811 (f) Notwithstanding any other provision of this subsection,
3812 within 90 days after a petition for the establishment of a
3813 community development district has been filed pursuant to this
3814 subsection, the governing body of the county or municipal
3815 corporation may transfer the petition to the Florida Land and
3816 Water Adjudicatory Commission, which shall make the
3817 determination to grant or deny the petition as provided in
3818 subsection (1). A county or municipal corporation shall have no
3819 right or power to grant or deny a petition that has been
3820 transferred to the Florida Land and Water Adjudicatory
3821 Commission.
3822 Section 12. Paragraph (g) of subsection (1) of section
3823 190.012, Florida Statutes, is amended to read:
3824 190.012 Special powers; public improvements and community
3825 facilities.—The district shall have, and the board may exercise,
3826 subject to the regulatory jurisdiction and permitting authority
3827 of all applicable governmental bodies, agencies, and special
3828 districts having authority with respect to any area included
3829 therein, any or all of the following special powers relating to
3830 public improvements and community facilities authorized by this
3831 act:
3832 (1) To finance, fund, plan, establish, acquire, construct
3833 or reconstruct, enlarge or extend, equip, operate, and maintain
3834 systems, facilities, and basic infrastructures for the
3835 following:
3836 (g) Any other project within or without the boundaries of a
3837 district when a local government issued a development order
3838 pursuant to s. 380.06 or s. 380.061 approving or expressly
3839 requiring the construction or funding of the project by the
3840 district, or when the project is the subject of an agreement
3841 between the district and a governmental entity and is consistent
3842 with the local government comprehensive plan of the local
3843 government within which the project is to be located.
3844 Section 13. Paragraph (a) of subsection (1) of section
3845 252.363, Florida Statutes, is amended to read:
3846 252.363 Tolling and extension of permits and other
3847 authorizations.—
3848 (1)(a) The declaration of a state of emergency by the
3849 Governor tolls the period remaining to exercise the rights under
3850 a permit or other authorization for the duration of the
3851 emergency declaration. Further, the emergency declaration
3852 extends the period remaining to exercise the rights under a
3853 permit or other authorization for 6 months in addition to the
3854 tolled period. This paragraph applies to the following:
3855 1. The expiration of a development order issued by a local
3856 government.
3857 2. The expiration of a building permit.
3858 3. The expiration of a permit issued by the Department of
3859 Environmental Protection or a water management district pursuant
3860 to part IV of chapter 373.
3861 4. The buildout date of a development of regional impact,
3862 including any extension of a buildout date that was previously
3863 granted as specified in s. 380.06(7)(c) pursuant to s.
3864 380.06(19)(c).
3865 Section 14. Subsection (4) of section 369.303, Florida
3866 Statutes, is amended to read:
3867 369.303 Definitions.—As used in this part:
3868 (4) “Development of regional impact” means a development
3869 that which is subject to the review procedures established by s.
3870 380.06 or s. 380.065, and s. 380.07.
3871 Section 15. Subsection (1) of section 369.307, Florida
3872 Statutes, is amended to read:
3873 369.307 Developments of regional impact in the Wekiva River
3874 Protection Area; land acquisition.—
3875 (1) Notwithstanding s. 380.06(4) the provisions of s.
3876 380.06(15), the counties shall consider and issue the
3877 development permits applicable to a proposed development of
3878 regional impact which is located partially or wholly within the
3879 Wekiva River Protection Area at the same time as the development
3880 order approving, approving with conditions, or denying a
3881 development of regional impact.
3882 Section 16. Subsection (8) of section 373.236, Florida
3883 Statutes, is amended to read:
3884 373.236 Duration of permits; compliance reports.—
3885 (8) A water management district may issue a permit to an
3886 applicant, as set forth in s. 163.3245(13), for the same period
3887 of time as the applicant’s approved master development order if
3888 the master development order was issued under s. 380.06(9) s.
3889 380.06(21) by a county which, at the time the order was issued,
3890 was designated as a rural area of opportunity under s. 288.0656,
3891 was not located in an area encompassed by a regional water
3892 supply plan as set forth in s. 373.709(1), and was not located
3893 within the basin management action plan of a first magnitude
3894 spring. In reviewing the permit application and determining the
3895 permit duration, the water management district shall apply s.
3896 163.3245(4)(b).
3897 Section 17. Subsection (13) of section 373.414, Florida
3898 Statutes, is amended to read:
3899 373.414 Additional criteria for activities in surface
3900 waters and wetlands.—
3901 (13) Any declaratory statement issued by the department
3902 under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
3903 as amended, or pursuant to rules adopted thereunder, or by a
3904 water management district under s. 373.421, in response to a
3905 petition filed on or before June 1, 1994, shall continue to be
3906 valid for the duration of such declaratory statement. Any such
3907 petition pending on June 1, 1994, shall be exempt from the
3908 methodology ratified in s. 373.4211, but the rules of the
3909 department or the relevant water management district, as
3910 applicable, in effect prior to the effective date of s.
3911 373.4211, shall apply. Until May 1, 1998, activities within the
3912 boundaries of an area subject to a petition pending on June 1,
3913 1994, and prior to final agency action on such petition, shall
3914 be reviewed under the rules adopted pursuant to ss. 403.91
3915 403.929, 1984 Supplement to the Florida Statutes 1983, as
3916 amended, and this part, in existence prior to the effective date
3917 of the rules adopted under subsection (9), unless the applicant
3918 elects to have such activities reviewed under the rules adopted
3919 under this part, as amended in accordance with subsection (9).
3920 In the event that a jurisdictional declaratory statement
3921 pursuant to the vegetative index in effect prior to the
3922 effective date of chapter 84-79, Laws of Florida, has been
3923 obtained and is valid prior to the effective date of the rules
3924 adopted under subsection (9) or July 1, 1994, whichever is
3925 later, and the affected lands are part of a project for which a
3926 master development order has been issued pursuant to s.
3927 380.06(9) s. 380.06(21), the declaratory statement shall remain
3928 valid for the duration of the buildout period of the project.
3929 Any jurisdictional determination validated by the department
3930 pursuant to rule 17-301.400(8), Florida Administrative Code, as
3931 it existed in rule 17-4.022, Florida Administrative Code, on
3932 April 1, 1985, shall remain in effect for a period of 5 years
3933 following the effective date of this act if proof of such
3934 validation is submitted to the department prior to January 1,
3935 1995. In the event that a jurisdictional determination has been
3936 revalidated by the department pursuant to this subsection and
3937 the affected lands are part of a project for which a development
3938 order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
3939 final development order to which s. 163.3167(5) applies has been
3940 issued, or a vested rights determination has been issued
3941 pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
3942 determination shall remain valid until the completion of the
3943 project, provided proof of such validation and documentation
3944 establishing that the project meets the requirements of this
3945 sentence are submitted to the department prior to January 1,
3946 1995. Activities proposed within the boundaries of a valid
3947 declaratory statement issued pursuant to a petition submitted to
3948 either the department or the relevant water management district
3949 on or before June 1, 1994, or a revalidated jurisdictional
3950 determination, prior to its expiration shall continue thereafter
3951 to be exempt from the methodology ratified in s. 373.4211 and to
3952 be reviewed under the rules adopted pursuant to ss. 403.91
3953 403.929, 1984 Supplement to the Florida Statutes 1983, as
3954 amended, and this part, in existence prior to the effective date
3955 of the rules adopted under subsection (9), unless the applicant
3956 elects to have such activities reviewed under the rules adopted
3957 under this part, as amended in accordance with subsection (9).
3958 Section 18. Subsection (5) of section 378.601, Florida
3959 Statutes, is amended to read:
3960 378.601 Heavy minerals.—
3961 (5) Any heavy mineral mining operation which annually mines
3962 less than 500 acres and whose proposed consumption of water is 3
3963 million gallons per day or less may shall not be subject
3964 required to undergo development of regional impact review
3965 pursuant to s. 380.06, provided permits and plan approvals
3966 pursuant to either this section and part IV of chapter 373, or
3967 s. 378.901, are issued.
3968 Section 19. Section 380.065, Florida Statutes, is repealed.
3969 Section 20. Paragraph (a) of subsection (2) of section
3970 380.11, Florida Statutes, is amended to read:
3971 380.11 Enforcement; procedures; remedies.—
3972 (2) ADMINISTRATIVE REMEDIES.—
3973 (a) If the state land planning agency has reason to believe
3974 a violation of this part or any rule, development order, or
3975 other order issued hereunder or of any agreement entered into
3976 under s. 380.032(3) or s. 380.06(8) has occurred or is about to
3977 occur, it may institute an administrative proceeding pursuant to
3978 this section to prevent, abate, or control the conditions or
3979 activity creating the violation.
3980 Section 21. Paragraph (b) of subsection (2) of section
3981 403.524, Florida Statutes, is amended to read:
3982 403.524 Applicability; certification; exemptions.—
3983 (2) Except as provided in subsection (1), construction of a
3984 transmission line may not be undertaken without first obtaining
3985 certification under this act, but this act does not apply to:
3986 (b) Transmission lines that have been exempted by a binding
3987 letter of interpretation issued under s. 380.06(3) s. 380.06(4),
3988 or in which the Department of Economic Opportunity or its
3989 predecessor agency has determined the utility to have vested
3990 development rights within the meaning of s. 380.05(18) or s.
3991 380.06(8) s. 380.06(20).
3992 Section 22. (1) The rules adopted by the state land
3993 planning agency to ensure uniform review of developments of
3994 regional impact by the state land planning agency and regional
3995 planning agencies and codified in chapter 73C-40, Florida
3996 Administrative Code, are repealed.
3997 (2) The rules adopted by the Administration Commission, as
3998 defined in s. 380.031, Florida Statutes, regarding whether two
3999 or more developments, represented by their owners or developers
4000 to be separate developments, shall be aggregated and treated as
4001 a single development under chapter 380, Florida Statutes, are
4002 repealed.
4003 Section 23. The Division of Law Revision and Information is
4004 directed to replace the phrase “the effective date of this act”
4005 where it occurs in this act with the date this act takes effect.
4006 Section 24. This act shall take effect upon becoming a law.
