Florida Senate - 2011                             CS for SB 1904
       
       
       
       By the Committee on Community Affairs; and Senator Altman
       
       
       
       
       578-03177-11                                          20111904c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         163.3164, F.S.; making conforming amendments; amending
    4         s. 163.3177, F.S.; making conforming amendments;
    5         amending s. 163.3180, F.S.; making conforming
    6         amendments; amending s. 163.3245, F.S.; renaming
    7         optional sector plans as “sector plans”; increasing
    8         the minimum size of geographic areas that qualify for
    9         the use of sector plans; revising terminology relating
   10         to such plans; deleting obsolete provisions; renaming
   11         long-term conceptual buildout overlays as “long-term
   12         master plans”; revising the content required to be
   13         included in long-term master plans and detailed
   14         specified area plans; requiring identification of
   15         water development projects and transportation
   16         facilities to serve future development needs;
   17         exempting certain developments from the requirement to
   18         develop a detailed specific area plan; providing that
   19         detailed specific area plans shall be adopted by local
   20         development orders; requiring that detailed specific
   21         area plans include a buildout date and precluding
   22         certain changes in the development until after that
   23         date; authorizing certain development agreements
   24         between the developer and the local government;
   25         providing for continuation of certain existing land
   26         uses; amending ss. 163.3246, 380.06, and 380.115,
   27         F.S.; making conforming amendments; providing an
   28         effective date.
   29  
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Subsection (31) of section 163.3164, Florida
   33  Statutes, is amended to read
   34         163.3164 Local Government Comprehensive Planning and Land
   35  Development Regulation Act; definitions.—As used in this act:
   36         (31) “Optional Sector plan” means the an optional process
   37  authorized by s. 163.3245 in which one or more local governments
   38  engage in long-term planning for a large area and by agreement
   39  with the state land planning agency are allowed to address
   40  regional development-of-regional-impact issues within certain
   41  designated geographic areas identified in the local
   42  comprehensive plan as a means of fostering innovative planning
   43  and development strategies in s. 163.3177(11)(a) and (b),
   44  furthering the purposes of this part and part I of chapter 380,
   45  reducing overlapping data and analysis requirements, protecting
   46  regionally significant resources and facilities, and addressing
   47  extrajurisdictional impacts. “Sector plan” includes an optional
   48  sector plan that was adopted pursuant to the Optional Sector
   49  Plan Pilot Program.
   50         Section 2. Paragraph (d) of subsection (15) of section
   51  163.3177, Florida Statutes, is amended to read:
   52         163.3177 Required and optional elements of comprehensive
   53  plan; studies and surveys.—
   54         (15)
   55         (d) This subsection does not apply to a an optional sector
   56  plan adopted pursuant to s. 163.3245, a rural land stewardship
   57  area designated pursuant to subsection (11), or any
   58  comprehensive plan amendment that includes an inland port
   59  terminal or affiliated port development.
   60         Section 3. Paragraph (a) of subsection (12) of section
   61  163.3180, Florida Statutes, is amended to read:
   62         163.3180 Concurrency.—
   63         (12)(a) A development of regional impact may satisfy the
   64  transportation concurrency requirements of the local
   65  comprehensive plan, the local government’s concurrency
   66  management system, and s. 380.06 by payment of a proportionate
   67  share contribution for local and regionally significant traffic
   68  impacts, if:
   69         1. The development of regional impact which, based on its
   70  location or mix of land uses, is designed to encourage
   71  pedestrian or other nonautomotive modes of transportation;
   72         2. The proportionate-share contribution for local and
   73  regionally significant traffic impacts is sufficient to pay for
   74  one or more required mobility improvements that will benefit a
   75  regionally significant transportation facility;
   76         3. The owner and developer of the development of regional
   77  impact pays or assures payment of the proportionate-share
   78  contribution; and
   79         4. If the regionally significant transportation facility to
   80  be constructed or improved is under the maintenance authority of
   81  a governmental entity, as defined by s. 334.03(12), other than
   82  the local government with jurisdiction over the development of
   83  regional impact, the developer is required to enter into a
   84  binding and legally enforceable commitment to transfer funds to
   85  the governmental entity having maintenance authority or to
   86  otherwise assure construction or improvement of the facility.
   87  
   88  The proportionate-share contribution may be applied to any
   89  transportation facility to satisfy the provisions of this
   90  subsection and the local comprehensive plan, but, for the
   91  purposes of this subsection, the amount of the proportionate
   92  share contribution shall be calculated based upon the cumulative
   93  number of trips from the proposed development expected to reach
   94  roadways during the peak hour from the complete buildout of a
   95  stage or phase being approved, divided by the change in the peak
   96  hour maximum service volume of roadways resulting from
   97  construction of an improvement necessary to maintain the adopted
   98  level of service, multiplied by the construction cost, at the
   99  time of developer payment, of the improvement necessary to
  100  maintain the adopted level of service. For purposes of this
  101  subsection, “construction cost” includes all associated costs of
  102  the improvement. Proportionate-share mitigation shall be limited
  103  to ensure that a development of regional impact meeting the
  104  requirements of this subsection mitigates its impact on the
  105  transportation system but is not responsible for the additional
  106  cost of reducing or eliminating backlogs. This subsection also
  107  applies to Florida Quality Developments pursuant to s. 380.061
  108  and to detailed specific area plans implementing optional sector
  109  plans pursuant to s. 163.3245.
  110         Section 4. Section 163.3245, Florida Statutes, is amended
  111  to read:
  112         163.3245 Optional Sector plans.—
  113         (1) In recognition of the benefits of conceptual long-range
  114  planning for the buildout of an area, and detailed planning for
  115  specific areas, as a demonstration project, the requirements of
  116  s. 380.06 may be addressed as identified by this section for up
  117  to five local governments or combinations of local governments
  118  may which adopt into their the comprehensive plans a plan an
  119  optional sector plan in accordance with this section. This
  120  section is intended to promote and encourage long-term planning
  121  for conservation, development, and agriculture on a landscape
  122  scale; to further the intent of s. 163.3177(11), which supports
  123  innovative and flexible planning and development strategies, and
  124  the purposes of this part, and part I of chapter 380; to
  125  facilitate protection of regionally significant resources,
  126  including, but not limited to, regionally significant water
  127  courses and wildlife corridors;, and to avoid duplication of
  128  effort in terms of the level of data and analysis required for a
  129  development of regional impact, while ensuring the adequate
  130  mitigation of impacts to applicable regional resources and
  131  facilities, including those within the jurisdiction of other
  132  local governments, as would otherwise be provided. Optional
  133  Sector plans are intended for substantial geographic areas that
  134  include including at least 15,000 5,000 acres of one or more
  135  local governmental jurisdictions and are to emphasize urban form
  136  and protection of regionally significant resources and public
  137  facilities. The state land planning agency may approve optional
  138  sector plans of less than 5,000 acres based on local
  139  circumstances if it is determined that the plan would further
  140  the purposes of this part and part I of chapter 380. Preparation
  141  of an optional sector plan is authorized by agreement between
  142  the state land planning agency and the applicable local
  143  governments under s. 163.3171(4). A An optional sector plan may
  144  be adopted through one or more comprehensive plan amendments
  145  under s. 163.3184. However, an optional sector plan may not be
  146  adopted authorized in an area of critical state concern.
  147         (2) Upon the request of a local government having
  148  jurisdiction, The state land planning agency may enter into an
  149  agreement to authorize preparation of an optional sector plan
  150  upon the request of one or more local governments based on
  151  consideration of problems and opportunities presented by
  152  existing development trends; the effectiveness of current
  153  comprehensive plan provisions; the potential to further the
  154  state comprehensive plan, applicable strategic regional policy
  155  plans, this part, and part I of chapter 380; and those factors
  156  identified by s. 163.3177(10)(i). the applicable regional
  157  planning council shall conduct a scoping meeting with affected
  158  local governments and those agencies identified in s.
  159  163.3184(4) before preparation of the sector plan execution of
  160  the agreement authorized by this section. The purpose of this
  161  meeting is to assist the state land planning agency and the
  162  local government in the identification of the relevant planning
  163  issues to be addressed and the data and resources available to
  164  assist in the preparation of the sector plan. In the event that
  165  a scoping meeting is conducted, subsequent plan amendments. the
  166  regional planning council shall make written recommendations to
  167  the state land planning agency and affected local governments on
  168  the issues requested by the local government. The scoping
  169  meeting shall be noticed and open to the public. In the event
  170  that the entire planning area proposed for the sector plan is
  171  within the jurisdiction of two or more local governments, some
  172  or all of them may enter into a joint planning agreement
  173  pursuant to s. 163.3171 with respect to, including whether a
  174  sustainable sector plan would be appropriate. The agreement must
  175  define the geographic area to be subject to the sector plan, the
  176  planning issues that will be emphasized, procedures requirements
  177  for intergovernmental coordination to address
  178  extrajurisdictional impacts, supporting application materials
  179  including data and analysis, and procedures for public
  180  participation, or other issues. An agreement may address
  181  previously adopted sector plans that are consistent with the
  182  standards in this section. Before executing an agreement under
  183  this subsection, the local government shall hold a duly noticed
  184  public workshop to review and explain to the public the optional
  185  sector planning process and the terms and conditions of the
  186  proposed agreement. The local government shall hold a duly
  187  noticed public hearing to execute the agreement. All meetings
  188  between the department and the local government must be open to
  189  the public.
  190         (3) Optional Sector planning encompasses two levels:
  191  adoption pursuant to under s. 163.3184 of a conceptual long-term
  192  master plan for the entire planning area as part of the
  193  comprehensive plan, and adoption by local development order of
  194  two or more buildout overlay to the comprehensive plan, having
  195  no immediate effect on the issuance of development orders or the
  196  applicability of s. 380.06, and adoption under s. 163.3184 of
  197  detailed specific area plans that implement the conceptual long
  198  term master plan buildout overlay and authorize issuance of
  199  development orders, and within which s. 380.06 is waived. Until
  200  such time as a detailed specific area plan is adopted, the
  201  underlying future land use designations apply.
  202         (a) In addition to the other requirements of this chapter,
  203  a long-term master plan pursuant to this section conceptual
  204  long-term buildout overlay must include maps, illustrations, and
  205  text supported by data and analysis to address the following:
  206         1. A long-range conceptual framework map that, at a
  207  minimum, generally depicts identifies anticipated areas of
  208  urban, agricultural, rural, and conservation land use,
  209  identifies allowed uses in various parts of the planning area,
  210  specifies maximum and minimum densities and intensities of use,
  211  and provides the general framework for the development pattern
  212  in developed areas with graphic illustrations based on a
  213  hierarchy of places and functional place-making components.
  214         2. A general identification of the water supplies needed
  215  and available sources of water, including water resource
  216  development and water supply development projects and water
  217  conservation measures needed to meet the projected demand of the
  218  future land uses in the long-term master plan.
  219         3. A general identification of the transportation
  220  facilities to serve the future land uses in the long-term master
  221  plan, including guidelines to be used to establish each modal
  222  component intended to optimize mobility.
  223         4. A general identification of other regionally significant
  224  public facilities consistent with chapter 9J-2, Florida
  225  Administrative Code, irrespective of local governmental
  226  jurisdiction necessary to support buildout of the anticipated
  227  future land uses, which may include central utilities provided
  228  on site within the planning area, and policies setting forth the
  229  procedures to be used to mitigate the impacts of future land
  230  uses on public facilities.
  231         5.3.A general identification of regionally significant
  232  natural resources within the planning area based on the best
  233  available data and policies setting forth the procedures for
  234  protection or conservation of specific resources consistent with
  235  the overall conservation and development strategy for the
  236  planning area consistent with chapter 9J-2, Florida
  237  Administrative Code.
  238         6.4.General principles and guidelines addressing that
  239  address the urban form and the interrelationships of anticipated
  240  future land uses; the protection and, as appropriate,
  241  restoration and management of lands identified for permanent
  242  preservation through recordation of conservation easements
  243  consistent with s. 704.06, which shall be phased or staged in
  244  coordination with detailed specific area plans to reflect phased
  245  or staged development within the planning area; and a
  246  discussion, at the applicant’s option, of the extent, if any, to
  247  which the plan will address restoring key ecosystems, achieving
  248  a more clean, healthy environment;, limiting urban sprawl;
  249  providing a range of housing types;, protecting wildlife and
  250  natural areas;, advancing the efficient use of land and other
  251  resources;, and creating quality communities of a design that
  252  promotes travel by multiple transportation modes; and enhancing
  253  the prospects for the creation of jobs.
  254         7.5. Identification of general procedures and policies to
  255  facilitate ensure intergovernmental coordination to address
  256  extrajurisdictional impacts from the future land uses long-range
  257  conceptual framework map.
  258  
  259  A long-term master plan adopted pursuant to this section shall
  260  be based upon a planning period longer than the generally
  261  applicable planning period of the local comprehensive plan,
  262  shall specify the projected population within the planning area
  263  during the chosen planning period, and may include a phasing or
  264  staging schedule that allocates a portion of the local
  265  government’s future growth to the planning area through the
  266  planning period. It shall not be a requirement for a long-term
  267  master plan adopted pursuant to this section to demonstrate need
  268  based upon projected population growth or on any other basis.
  269         (b) In addition to the other requirements of this chapter,
  270  including those in paragraph (a), the detailed specific area
  271  plans shall be consistent with the long-term master plan and
  272  must include conditions and commitments that provide for:
  273         1. Development or conservation of an area of adequate size
  274  to accommodate a level of development which achieves a
  275  functional relationship between a full range of land uses within
  276  the area and to encompass at least 1,000 acres consistent with
  277  the long-term master plan. The local government state land
  278  planning agency may approve detailed specific area plans of less
  279  than 1,000 acres based on local circumstances if it is
  280  determined that the detailed specific area plan furthers the
  281  purposes of this part and part I of chapter 380.
  282         2. Detailed identification and analysis of the maximum and
  283  minimum densities and intensities of use, and the distribution,
  284  extent, and location of future land uses.
  285         3. Detailed identification of water resource development
  286  and water supply development projects and related
  287  infrastructure, and water conservation measures to address water
  288  needs of development in the detailed specific area plan.
  289         4. Detailed identification of the transportation facilities
  290  to serve the future land uses in the detailed specific area
  291  plan.
  292         5.3. Detailed identification of other regionally
  293  significant public facilities, including public facilities
  294  outside the jurisdiction of the host local government,
  295  anticipated impacts of future land uses on those facilities, and
  296  required improvements consistent with the long-term master plan
  297  chapter 9J-2, Florida Administrative Code.
  298         6.4. Public facilities necessary to serve development in
  299  the detailed specific area plan for the short term, including
  300  developer contributions in a financially feasible 5-year capital
  301  improvement schedule of the affected local government.
  302         7.5. Detailed analysis and identification of specific
  303  measures to assure the protection or conservation of lands
  304  identified in the long-term master plan to be permanently
  305  preserved within the planning area through recordation of a
  306  conservation easement consistent with s. 704.06 and, as
  307  appropriate, restored or managed, of regionally significant
  308  natural resources and other important resources both within and
  309  outside the host jurisdiction, including those regionally
  310  significant resources identified in chapter 9J-2, Florida
  311  Administrative Code.
  312         8.6.Detailed principles and guidelines addressing that
  313  address the urban form and the interrelationships of anticipated
  314  future land uses; and a discussion, at the applicant’s option,
  315  of the extent, if any, to which the plan will address restoring
  316  key ecosystems, achieving a more clean, healthy environment;,
  317  limiting urban sprawl; providing a range of housing types;,
  318  protecting wildlife and natural areas;, advancing the efficient
  319  use of land and other resources;, and creating quality
  320  communities of a design that promotes travel by multiple
  321  transportation modes; and enhancing the prospects for the
  322  creation of jobs.
  323         9.7. Identification of specific procedures to facilitate
  324  ensure intergovernmental coordination to address
  325  extrajurisdictional impacts from of the detailed specific area
  326  plan.
  327  
  328  A detailed specific area plan adopted by local development order
  329  pursuant to this section may be based upon a planning period
  330  longer than the generally applicable planning period of the
  331  local comprehensive plan and shall specify the projected
  332  population within the specific planning area during the chosen
  333  planning period. It shall not be a requirement for a detailed
  334  specific area plan adopted pursuant to this section to
  335  demonstrate need based upon projected population growth or on
  336  any other basis.
  337         (c) In its review of a long-term master plan, the state
  338  land planning agency shall consult with the Department of
  339  Agriculture and Consumer Services, the Department of
  340  Environmental Protection, the Fish and Wildlife Conservation
  341  Commission, and the applicable water management district
  342  regarding the design of areas for protection and conservation of
  343  regionally significant natural resources and for the protection
  344  and, as appropriate, restoration and management of lands
  345  identified for permanent preservation.
  346         (d)In its review of a long-term master plan, the state
  347  land planning agency shall consult with the Department of
  348  Transportation, the applicable metropolitan planning
  349  organization, and any urban transit agency regarding the
  350  location, capacity, design, and phasing or staging of major
  351  transportation facilities in the planning area.
  352         (e) The state land planning agency may initiate a civil
  353  action pursuant to s. 163.3215 with respect to a detailed
  354  specific area plan which is not consistent with a long-term
  355  master plan adopted pursuant to this section. For purposes of
  356  such a proceeding, the state land planning agency shall be
  357  deemed an aggrieved and adversely affected party. Regardless of
  358  whether the local government has adopted an ordinance that
  359  establishes a local process which meets the requirements of s.
  360  163.3215(4), judicial review of a detailed specific area plan
  361  initiated by the state land planning agency shall be de novo
  362  pursuant to s. 163.3215(3) and not by petition for writ of
  363  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
  364  adversely affected party shall be subject to s. 163.3215 in all
  365  respects when initiating a consistency challenge to a detailed
  366  specific area plan.
  367         (f)(c) This subsection does may not be construed to prevent
  368  preparation and approval of the optional sector plan and
  369  detailed specific area plan concurrently or in the same
  370  submission.
  371         (4) Upon the long-term master plan becoming legally
  372  effective:
  373         (a) Any long-range transportation plan developed by a
  374  metropolitan planning organization pursuant to s. 339.175(7)
  375  must be consistent, to the maximum extent feasible, with the
  376  long-term master plan, including, but not limited to, the
  377  projected population, the approved uses, and densities and
  378  intensities of use and their distribution within the planning
  379  area. The transportation facilities identified in adopted plans
  380  pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
  381  developed in coordination with the adopted M.P.O. long-range
  382  transportation plan.
  383         (b) The water needs, sources and water resource development
  384  and water supply development projects identified in adopted
  385  plans pursuant to sub-subparagraphs (3)(a)2. and (3)(b)3. shall
  386  be incorporated into the applicable district and regional water
  387  supply plans adopted in accordance with ss. 373.036 and 373.709.
  388  Accordingly, and notwithstanding the permit durations stated in
  389  s. 373.236, an applicant may request and the applicable district
  390  may issue consumptive use permits for durations commensurate
  391  with the long-term master plan. The permitting criteria in s.
  392  373.223 shall be applied based upon the projected population and
  393  the approved densities and intensities of use and their
  394  distribution in the long-term master plan. The host local
  395  government shall submit a monitoring report to the state land
  396  planning agency and applicable regional planning council on an
  397  annual basis after adoption of a detailed specific area plan.
  398  The annual monitoring report must provide summarized information
  399  on development orders issued, development that has occurred,
  400  public facility improvements made, and public facility
  401  improvements anticipated over the upcoming 5 years.
  402         (5) When a plan amendment adopting a detailed specific area
  403  plan has become effective for a portion of the planning area
  404  governed by a long-term master plan adopted pursuant to this
  405  section under ss. 163.3184 and 163.3189(2), the provisions of s.
  406  380.06 do not apply to development within the geographic area of
  407  the detailed specific area plan. However, any development-of
  408  regional-impact development order that is vested from the
  409  detailed specific area plan may be enforced pursuant to under s.
  410  380.11.
  411         (a) The local government adopting the detailed specific
  412  area plan is primarily responsible for monitoring and enforcing
  413  the detailed specific area plan. Local governments shall not
  414  issue any permits or approvals or provide any extensions of
  415  services to development that are not consistent with the
  416  detailed specific sector area plan.
  417         (b) If the state land planning agency has reason to believe
  418  that a violation of any detailed specific area plan, or of any
  419  agreement entered into under this section, has occurred or is
  420  about to occur, it may institute an administrative or judicial
  421  proceeding to prevent, abate, or control the conditions or
  422  activity creating the violation, using the procedures in s.
  423  380.11.
  424         (c) In instituting an administrative or judicial proceeding
  425  involving an optional sector plan or detailed specific area
  426  plan, including a proceeding pursuant to paragraph (b), the
  427  complaining party shall comply with the requirements of s.
  428  163.3215(4), (5), (6), and (7), except as provided by paragraph
  429  (3)(d).
  430         (d) The detailed specific area plan shall establish a
  431  buildout date until which the approved development shall not be
  432  subject to downzoning, unit density reduction, or intensity
  433  reduction, unless the local government can demonstrate that
  434  implementation of the plan is not continuing in good faith based
  435  on standards established by plan policy, or that substantial
  436  changes in the conditions underlying the approval of the
  437  detailed specific area plan have occurred, or that the detailed
  438  specific area plan was based on substantially inaccurate
  439  information provided by the applicant, or that the change is
  440  clearly established to be essential to the public health,
  441  safety, or welfare.
  442         (6) Concurrent with or subsequent to review and adoption of
  443  a long-term master plan pursuant to paragraph (3)(a), an
  444  applicant may apply for master development approval pursuant to
  445  s. 380.06(21) for the entire planning area in order to establish
  446  a buildout date until which the approved uses and densities and
  447  intensities of use of the master plan shall not be subject to
  448  downzoning, unit density reduction, or intensity reduction,
  449  unless the local government can demonstrate that implementation
  450  of the master plan is not continuing in good faith based on
  451  standards established by plan policy, or that substantial
  452  changes in the conditions underlying the approval of the master
  453  plan have occurred, or that the master plan was based on
  454  substantially inaccurate information provided by the applicant,
  455  or that change is clearly established to be essential to the
  456  public health, safety, or welfare. Review of the application for
  457  master development approval shall be at a level of detail
  458  appropriate for the long-term and conceptual nature of the long
  459  term master plan and, to the maximum extent possible, shall only
  460  consider information provided in the application for a long-term
  461  master plan. Notwithstanding any provision of s. 380.06 to the
  462  contrary, an increment of development in such an approved master
  463  development plan shall be approved by a detailed specific area
  464  plan pursuant to paragraph (3)(b) and shall be exempt from
  465  review pursuant to s 380.06. Beginning December 1, 1999, and
  466  each year thereafter, the department shall provide a status
  467  report to the Legislative Committee on Intergovernmental
  468  Relations regarding each optional sector plan authorized under
  469  this section.
  470         (7) A developer within an area subject to a long-term
  471  master plan that meets the requirements of paragraph (3)(a) and
  472  subsection (6) or a detailed specific area plan that meets the
  473  requirements of paragraph (3)(b) may enter into a development
  474  agreement with a local government pursuant to ss. 163.3220
  475  163.3243. The duration of such a development agreement may be
  476  through the planning period of the long-term master plan or the
  477  detailed specific area plan, as the case may be, notwithstanding
  478  the limit on the duration of a development agreement pursuant to
  479  s. 163.3229.
  480         (8) Any owner of property within the planning area of a
  481  proposed long-term master plan may withdraw his or her consent
  482  to the master plan at any time prior to local government
  483  adoption, and the local government shall exclude such parcels
  484  from the adopted master plan. Thereafter, the long-term master
  485  plan, any detailed specific area plan, and the exemption from
  486  development-of-regional-impact review under this section shall
  487  not apply to the subject parcels. After adoption of a long-term
  488  master plan, an owner may withdraw his or her property from the
  489  master plan only with the approval of the local government by
  490  plan amendment adopted and reviewed pursuant to s. 163.3184.
  491         (9) The adoption of a long-term master plan or a detailed
  492  specific area plan pursuant to this section shall not limit the
  493  right to continue existing agricultural or silvicultural uses or
  494  other natural resource-based operations or to establish similar
  495  new uses that are consistent with the plans approved pursuant to
  496  this section.
  497         (10) Notwithstanding any provision to the contrary of s.
  498  380.06 or part II of chapter 163 or any planning agreement or
  499  plan policy, a landowner or developer who has received approval
  500  of a master development of regional impact development order
  501  pursuant to s. 380.06(21) may apply to implement this order by
  502  filing one or more applications to approve detailed specific
  503  area plan pursuant to paragraph (3)(b).
  504         (11) Notwithstanding the provisions of this section, a
  505  detailed specific area plan to implement a conceptual long-term
  506  buildout overlay adopted by a local government and found in
  507  compliance prior to July 1, 2011, shall be governed by the
  508  provisions of this section.
  509         (12)(7) This section may not be construed to abrogate the
  510  rights of any person under this chapter.
  511         Section 5. Paragraph (b) of subsection (9) of section
  512  163.3246, Florida Statutes, is amended to read:
  513         163.3246 Local government comprehensive planning
  514  certification program.—
  515         (9)
  516         (b) Plan amendments that change the boundaries of the
  517  certification area; propose a rural land stewardship area
  518  pursuant to s. 163.3177(11)(d); propose an optional sector plan
  519  pursuant to s. 163.3245; propose a school facilities element;
  520  update a comprehensive plan based on an evaluation and appraisal
  521  report; impact lands outside the certification boundary;
  522  implement new statutory requirements that require specific
  523  comprehensive plan amendments; or increase hurricane evacuation
  524  times or the need for shelter capacity on lands within the
  525  coastal high-hazard area shall be reviewed pursuant to ss.
  526  163.3184 and 163.3187.
  527         Section 6. Paragraph (s) of subsection (24) of section
  528  380.06, Florida Statutes, is amended to read:
  529         380.06 Developments of regional impact.—
  530         (24) STATUTORY EXEMPTIONS.—
  531         (s) Any development in a detailed specific area plan which
  532  is prepared pursuant to s. 163.3245 and adopted into the
  533  comprehensive plan is exempt from this section.
  534  
  535  If a use is exempt from review as a development of regional
  536  impact under paragraphs (a)-(s), but will be part of a larger
  537  project that is subject to review as a development of regional
  538  impact, the impact of the exempt use must be included in the
  539  review of the larger project, unless such exempt use involves a
  540  development of regional impact that includes a landowner,
  541  tenant, or user that has entered into a funding agreement with
  542  the Office of Tourism, Trade, and Economic Development under the
  543  Innovation Incentive Program and the agreement contemplates a
  544  state award of at least $50 million.
  545         Section 7. Subsection (3) of section 380.115, Florida
  546  Statutes, is amended to read:
  547         380.115 Vested rights and duties; effect of size reduction,
  548  changes in guidelines and standards.—
  549         (3) A landowner that has filed an application for a
  550  development-of-regional-impact review prior to the adoption of a
  551  an optional sector plan pursuant to s. 163.3245 may elect to
  552  have the application reviewed pursuant to s. 380.06,
  553  comprehensive plan provisions in force prior to adoption of the
  554  sector plan, and any requested comprehensive plan amendments
  555  that accompany the application.
  556         Section 8. This act shall take effect upon becoming a law.