Florida Senate - 2011                      CS for CS for SB 1904
       
       
       
       By the Committees on Environmental Preservation and
       Conservation; and Community Affairs; and Senator Altman
       
       
       
       592-04599A-11                                         20111904c2
    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         authorizing the state land planning agency to enter
   26         into an agreement with a specific local government;
   27         providing for continuation of certain existing land
   28         uses; amending ss. 163.3246, 380.06, and 380.115,
   29         F.S.; making conforming amendments; providing an
   30         effective date.
   31  
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsection (31) of section 163.3164, Florida
   35  Statutes, is amended to read
   36         163.3164 Local Government Comprehensive Planning and Land
   37  Development Regulation Act; definitions.—As used in this act:
   38         (31) “Optional Sector plan” means the an optional process
   39  authorized by s. 163.3245 in which one or more local governments
   40  engage in long-term planning for a large area and by agreement
   41  with the state land planning agency are allowed to address
   42  regional development-of-regional-impact issues within certain
   43  designated geographic areas identified in the local
   44  comprehensive plan as a means of fostering innovative planning
   45  and development strategies in s. 163.3177(11)(a) and (b),
   46  furthering the purposes of this part and part I of chapter 380,
   47  reducing overlapping data and analysis requirements, protecting
   48  regionally significant resources and facilities, and addressing
   49  extrajurisdictional impacts. “Sector plan” includes an optional
   50  sector plan that was adopted pursuant to the Optional Sector
   51  Plan Pilot Program.
   52         Section 2. Paragraph (d) of subsection (15) of section
   53  163.3177, Florida Statutes, is amended to read:
   54         163.3177 Required and optional elements of comprehensive
   55  plan; studies and surveys.—
   56         (15)
   57         (d) This subsection does not apply to a an optional sector
   58  plan adopted pursuant to s. 163.3245, a rural land stewardship
   59  area designated pursuant to subsection (11), or any
   60  comprehensive plan amendment that includes an inland port
   61  terminal or affiliated port development.
   62         Section 3. Paragraph (a) of subsection (12) of section
   63  163.3180, Florida Statutes, is amended to read:
   64         163.3180 Concurrency.—
   65         (12)(a) A development of regional impact may satisfy the
   66  transportation concurrency requirements of the local
   67  comprehensive plan, the local government’s concurrency
   68  management system, and s. 380.06 by payment of a proportionate
   69  share contribution for local and regionally significant traffic
   70  impacts, if:
   71         1. The development of regional impact which, based on its
   72  location or mix of land uses, is designed to encourage
   73  pedestrian or other nonautomotive modes of transportation;
   74         2. The proportionate-share contribution for local and
   75  regionally significant traffic impacts is sufficient to pay for
   76  one or more required mobility improvements that will benefit a
   77  regionally significant transportation facility;
   78         3. The owner and developer of the development of regional
   79  impact pays or assures payment of the proportionate-share
   80  contribution; and
   81         4. If the regionally significant transportation facility to
   82  be constructed or improved is under the maintenance authority of
   83  a governmental entity, as defined by s. 334.03(12), other than
   84  the local government with jurisdiction over the development of
   85  regional impact, the developer is required to enter into a
   86  binding and legally enforceable commitment to transfer funds to
   87  the governmental entity having maintenance authority or to
   88  otherwise assure construction or improvement of the facility.
   89  
   90  The proportionate-share contribution may be applied to any
   91  transportation facility to satisfy the provisions of this
   92  subsection and the local comprehensive plan, but, for the
   93  purposes of this subsection, the amount of the proportionate
   94  share contribution shall be calculated based upon the cumulative
   95  number of trips from the proposed development expected to reach
   96  roadways during the peak hour from the complete buildout of a
   97  stage or phase being approved, divided by the change in the peak
   98  hour maximum service volume of roadways resulting from
   99  construction of an improvement necessary to maintain the adopted
  100  level of service, multiplied by the construction cost, at the
  101  time of developer payment, of the improvement necessary to
  102  maintain the adopted level of service. For purposes of this
  103  subsection, “construction cost” includes all associated costs of
  104  the improvement. Proportionate-share mitigation shall be limited
  105  to ensure that a development of regional impact meeting the
  106  requirements of this subsection mitigates its impact on the
  107  transportation system but is not responsible for the additional
  108  cost of reducing or eliminating backlogs. This subsection also
  109  applies to Florida Quality Developments pursuant to s. 380.061
  110  and to detailed specific area plans implementing optional sector
  111  plans pursuant to s. 163.3245.
  112         Section 4. Section 163.3245, Florida Statutes, is amended
  113  to read:
  114         163.3245 Optional Sector plans.—
  115         (1) In recognition of the benefits of conceptual long-range
  116  planning for the buildout of an area, and detailed planning for
  117  specific areas, as a demonstration project, the requirements of
  118  s. 380.06 may be addressed as identified by this section for up
  119  to five local governments or combinations of local governments
  120  may which adopt into their the comprehensive plans a plan an
  121  optional sector plan in accordance with this section. This
  122  section is intended to promote and encourage long-term planning
  123  for conservation, development, and agriculture on a landscape
  124  scale; to further the intent of s. 163.3177(11), which supports
  125  innovative and flexible planning and development strategies, and
  126  the purposes of this part, and part I of chapter 380; to
  127  facilitate protection of regionally significant resources,
  128  including, but not limited to, regionally significant water
  129  courses and wildlife corridors;, and to avoid duplication of
  130  effort in terms of the level of data and analysis required for a
  131  development of regional impact, while ensuring the adequate
  132  mitigation of impacts to applicable regional resources and
  133  facilities, including those within the jurisdiction of other
  134  local governments, as would otherwise be provided. Optional
  135  Sector plans are intended for substantial geographic areas that
  136  include including at least 15,000 5,000 acres of one or more
  137  local governmental jurisdictions and are to emphasize urban form
  138  and protection of regionally significant resources and public
  139  facilities. The state land planning agency may approve optional
  140  sector plans of less than 5,000 acres based on local
  141  circumstances if it is determined that the plan would further
  142  the purposes of this part and part I of chapter 380. Preparation
  143  of an optional sector plan is authorized by agreement between
  144  the state land planning agency and the applicable local
  145  governments under s. 163.3171(4). A An optional sector plan may
  146  be adopted through one or more comprehensive plan amendments
  147  under s. 163.3184. However, an optional sector plan may not be
  148  adopted authorized in an area of critical state concern.
  149         (2) Upon the request of a local government having
  150  jurisdiction, The state land planning agency may enter into an
  151  agreement to authorize preparation of an optional sector plan
  152  upon the request of one or more local governments based on
  153  consideration of problems and opportunities presented by
  154  existing development trends; the effectiveness of current
  155  comprehensive plan provisions; the potential to further the
  156  state comprehensive plan, applicable strategic regional policy
  157  plans, this part, and part I of chapter 380; and those factors
  158  identified by s. 163.3177(10)(i). the applicable regional
  159  planning council shall conduct a scoping meeting with affected
  160  local governments and those agencies identified in s.
  161  163.3184(4) before preparation of the sector plan execution of
  162  the agreement authorized by this section. The purpose of this
  163  meeting is to assist the state land planning agency and the
  164  local government in the identification of the relevant planning
  165  issues to be addressed and the data and resources available to
  166  assist in the preparation of the sector plan. In the event that
  167  a scoping meeting is conducted, subsequent plan amendments. the
  168  regional planning council shall make written recommendations to
  169  the state land planning agency and affected local governments on
  170  the issues requested by the local government. The scoping
  171  meeting shall be noticed and open to the public. In the event
  172  that the entire planning area proposed for the sector plan is
  173  within the jurisdiction of two or more local governments, some
  174  or all of them may enter into a joint planning agreement
  175  pursuant to s. 163.3171 with respect to, including whether a
  176  sustainable sector plan would be appropriate. The agreement must
  177  define the geographic area to be subject to the sector plan, the
  178  planning issues that will be emphasized, procedures requirements
  179  for intergovernmental coordination to address
  180  extrajurisdictional impacts, supporting application materials
  181  including data and analysis, and procedures for public
  182  participation, or other issues. An agreement may address
  183  previously adopted sector plans that are consistent with the
  184  standards in this section. Before executing an agreement under
  185  this subsection, the local government shall hold a duly noticed
  186  public workshop to review and explain to the public the optional
  187  sector planning process and the terms and conditions of the
  188  proposed agreement. The local government shall hold a duly
  189  noticed public hearing to execute the agreement. All meetings
  190  between the department and the local government must be open to
  191  the public.
  192         (3) Optional Sector planning encompasses two levels:
  193  adoption pursuant to under s. 163.3184 of a conceptual long-term
  194  master plan for the entire planning area as part of the
  195  comprehensive plan, and adoption by local development order of
  196  two or more buildout overlay to the comprehensive plan, having
  197  no immediate effect on the issuance of development orders or the
  198  applicability of s. 380.06, and adoption under s. 163.3184 of
  199  detailed specific area plans that implement the conceptual long
  200  term master plan buildout overlay and authorize issuance of
  201  development orders, and within which s. 380.06 is waived. Until
  202  such time as a detailed specific area plan is adopted, the
  203  underlying future land use designations apply.
  204         (a) In addition to the other requirements of this chapter,
  205  a long-term master plan pursuant to this section conceptual
  206  long-term buildout overlay must include maps, illustrations, and
  207  text supported by data and analysis to address the following:
  208         1. A long-range conceptual framework map that, at a
  209  minimum, generally depicts identifies anticipated areas of
  210  urban, agricultural, rural, and conservation land use,
  211  identifies allowed uses in various parts of the planning area,
  212  specifies maximum and minimum densities and intensities of use,
  213  and provides the general framework for the development pattern
  214  in developed areas with graphic illustrations based on a
  215  hierarchy of places and functional place-making components.
  216         2. A general identification of the water supplies needed
  217  and available sources of water, including water resource
  218  development and water supply development projects and water
  219  conservation measures needed to meet the projected demand of the
  220  future land uses in the long-term master plan.
  221         3. A general identification of the transportation
  222  facilities to serve the future land uses in the long-term master
  223  plan, including guidelines to be used to establish each modal
  224  component intended to optimize mobility.
  225         4. A general identification of other regionally significant
  226  public facilities consistent with chapter 9J-2, Florida
  227  Administrative Code, irrespective of local governmental
  228  jurisdiction necessary to support buildout of the anticipated
  229  future land uses, which may include central utilities provided
  230  on site within the planning area, and policies setting forth the
  231  procedures to be used to mitigate the impacts of future land
  232  uses on public facilities.
  233         5.3.A general identification of regionally significant
  234  natural resources within the planning area based on the best
  235  available data and policies setting forth the procedures for
  236  protection or conservation of specific resources consistent with
  237  the overall conservation and development strategy for the
  238  planning area consistent with chapter 9J-2, Florida
  239  Administrative Code.
  240         6.4.General principles and guidelines addressing that
  241  address the urban form and the interrelationships of anticipated
  242  future land uses; the protection and, as appropriate,
  243  restoration and management of lands identified for permanent
  244  preservation through recordation of conservation easements
  245  consistent with s. 704.06, which shall be phased or staged in
  246  coordination with detailed specific area plans to reflect phased
  247  or staged development within the planning area; and a
  248  discussion, at the applicant’s option, of the extent, if any, to
  249  which the plan will address restoring key ecosystems, achieving
  250  a more clean, healthy environment;, limiting urban sprawl;
  251  providing a range of housing types;, protecting wildlife and
  252  natural areas;, advancing the efficient use of land and other
  253  resources;, and creating quality communities of a design that
  254  promotes travel by multiple transportation modes; and enhancing
  255  the prospects for the creation of jobs.
  256         7.5. Identification of general procedures and policies to
  257  facilitate ensure intergovernmental coordination to address
  258  extrajurisdictional impacts from the future land uses long-range
  259  conceptual framework map.
  260  
  261  A long-term master plan adopted pursuant to this section shall
  262  be based upon a planning period longer than the generally
  263  applicable planning period of the local comprehensive plan,
  264  shall specify the projected population within the planning area
  265  during the chosen planning period, and may include a phasing or
  266  staging schedule that allocates a portion of the local
  267  government’s future growth to the planning area through the
  268  planning period. It shall not be a requirement for a long-term
  269  master plan adopted pursuant to this section to demonstrate need
  270  based upon projected population growth or on any other basis.
  271         (b) In addition to the other requirements of this chapter,
  272  including those in paragraph (a), the detailed specific area
  273  plans shall be consistent with the long-term master plan and
  274  must include conditions and commitments that provide for:
  275         1. Development or conservation of an area of adequate size
  276  to accommodate a level of development which achieves a
  277  functional relationship between a full range of land uses within
  278  the area and to encompass at least 1,000 acres consistent with
  279  the long-term master plan. The local government state land
  280  planning agency may approve detailed specific area plans of less
  281  than 1,000 acres based on local circumstances if it is
  282  determined that the detailed specific area plan furthers the
  283  purposes of this part and part I of chapter 380.
  284         2. Detailed identification and analysis of the maximum and
  285  minimum densities and intensities of use, and the distribution,
  286  extent, and location of future land uses.
  287         3. Detailed identification of water resource development
  288  and water supply development projects and related
  289  infrastructure, and water conservation measures to address water
  290  needs of development in the detailed specific area plan.
  291         4. Detailed identification of the transportation facilities
  292  to serve the future land uses in the detailed specific area
  293  plan.
  294         5.3. Detailed identification of other regionally
  295  significant public facilities, including public facilities
  296  outside the jurisdiction of the host local government,
  297  anticipated impacts of future land uses on those facilities, and
  298  required improvements consistent with the long-term master plan
  299  chapter 9J-2, Florida Administrative Code.
  300         6.4. Public facilities necessary to serve development in
  301  the detailed specific area plan for the short term, including
  302  developer contributions in a financially feasible 5-year capital
  303  improvement schedule of the affected local government.
  304         7.5. Detailed analysis and identification of specific
  305  measures to assure the protection or conservation of lands
  306  identified in the long-term master plan to be permanently
  307  preserved within the planning area through recordation of a
  308  conservation easement consistent with s. 704.06 and, as
  309  appropriate, restored or managed, of regionally significant
  310  natural resources and other important resources both within and
  311  outside the host jurisdiction, including those regionally
  312  significant resources identified in chapter 9J-2, Florida
  313  Administrative Code.
  314         8.6.Detailed principles and guidelines addressing that
  315  address the urban form and the interrelationships of anticipated
  316  future land uses; and a discussion, at the applicant’s option,
  317  of the extent, if any, to which the plan will address restoring
  318  key ecosystems, achieving a more clean, healthy environment;,
  319  limiting urban sprawl; providing a range of housing types;,
  320  protecting wildlife and natural areas;, advancing the efficient
  321  use of land and other resources;, and creating quality
  322  communities of a design that promotes travel by multiple
  323  transportation modes; and enhancing the prospects for the
  324  creation of jobs.
  325         9.7. Identification of specific procedures to facilitate
  326  ensure intergovernmental coordination to address
  327  extrajurisdictional impacts from of the detailed specific area
  328  plan.
  329  
  330  A detailed specific area plan adopted by local development order
  331  pursuant to this section may be based upon a planning period
  332  longer than the generally applicable planning period of the
  333  local comprehensive plan and shall specify the projected
  334  population within the specific planning area during the chosen
  335  planning period. It shall not be a requirement for a detailed
  336  specific area plan adopted pursuant to this section to
  337  demonstrate need based upon projected population growth or on
  338  any other basis.
  339         (c) In its review of a long-term master plan, the state
  340  land planning agency shall consult with the Department of
  341  Agriculture and Consumer Services, the Department of
  342  Environmental Protection, the Fish and Wildlife Conservation
  343  Commission, and the applicable water management district
  344  regarding the design of areas for protection and conservation of
  345  regionally significant natural resources and for the protection
  346  and, as appropriate, restoration and management of lands
  347  identified for permanent preservation.
  348         (d)In its review of a long-term master plan, the state
  349  land planning agency shall consult with the Department of
  350  Transportation, the applicable metropolitan planning
  351  organization, and any urban transit agency regarding the
  352  location, capacity, design, and phasing or staging of major
  353  transportation facilities in the planning area.
  354         (e) The state land planning agency may initiate a civil
  355  action pursuant to s. 163.3215 with respect to a detailed
  356  specific area plan which is not consistent with a long-term
  357  master plan adopted pursuant to this section. For purposes of
  358  such a proceeding, the state land planning agency shall be
  359  deemed an aggrieved and adversely affected party. Regardless of
  360  whether the local government has adopted an ordinance that
  361  establishes a local process which meets the requirements of s.
  362  163.3215(4), judicial review of a detailed specific area plan
  363  initiated by the state land planning agency shall be de novo
  364  pursuant to s. 163.3215(3) and not by petition for writ of
  365  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
  366  adversely affected party shall be subject to s. 163.3215 in all
  367  respects when initiating a consistency challenge to a detailed
  368  specific area plan.
  369         (f)(c) This subsection does may not be construed to prevent
  370  preparation and approval of the optional sector plan and
  371  detailed specific area plan concurrently or in the same
  372  submission.
  373         (4) Upon the long-term master plan becoming legally
  374  effective:
  375         (a) Any long-range transportation plan developed by a
  376  metropolitan planning organization pursuant to s. 339.175(7)
  377  must be consistent, to the maximum extent feasible, with the
  378  long-term master plan, including, but not limited to, the
  379  projected population, the approved uses, and densities and
  380  intensities of use and their distribution within the planning
  381  area. The transportation facilities identified in adopted plans
  382  pursuant to subparagraphs (3)(a)3. and (3)(b)4. must be
  383  developed in coordination with the adopted M.P.O. long-range
  384  transportation plan.
  385         (b) The water needs, sources and water resource development
  386  and water supply development projects identified in adopted
  387  plans pursuant to sub-subparagraphs (3)(a)2. and (3)(b)3. shall
  388  be incorporated into the applicable district and regional water
  389  supply plans adopted in accordance with ss. 373.036 and 373.709.
  390  Accordingly, and notwithstanding the permit durations stated in
  391  s. 373.236, an applicant may request and the applicable district
  392  may issue consumptive use permits for durations commensurate
  393  with the long-term master plan or detailed specific area plan,
  394  considering the ability of the master-plan area to contribute to
  395  regional water supply availability and the need to maximize
  396  reasonable beneficial use of the water resource. The permitting
  397  criteria in s. 373.223 shall be applied based upon the projected
  398  population and the approved densities and intensities of use and
  399  their distribution in the long-term master plan. However, the
  400  allocation of the water may be phased over the permit duration
  401  to correspond to actual projected needs. This paragraph does not
  402  supersede the public interest test set forth in s. 373.223. The
  403  host local government shall submit a monitoring report to the
  404  state land planning agency and applicable regional planning
  405  council on an annual basis after adoption of a detailed specific
  406  area plan. The annual monitoring report must provide summarized
  407  information on development orders issued, development that has
  408  occurred, public facility improvements made, and public facility
  409  improvements anticipated over the upcoming 5 years.
  410         (5) When a plan amendment adopting a detailed specific area
  411  plan has become effective for a portion of the planning area
  412  governed by a long-term master plan adopted pursuant to this
  413  section under ss. 163.3184 and 163.3189(2), the provisions of s.
  414  380.06 do not apply to development within the geographic area of
  415  the detailed specific area plan. However, any development-of
  416  regional-impact development order that is vested from the
  417  detailed specific area plan may be enforced pursuant to under s.
  418  380.11.
  419         (a) The local government adopting the detailed specific
  420  area plan is primarily responsible for monitoring and enforcing
  421  the detailed specific area plan. Local governments shall not
  422  issue any permits or approvals or provide any extensions of
  423  services to development that are not consistent with the
  424  detailed specific sector area plan.
  425         (b) If the state land planning agency has reason to believe
  426  that a violation of any detailed specific area plan, or of any
  427  agreement entered into under this section, has occurred or is
  428  about to occur, it may institute an administrative or judicial
  429  proceeding to prevent, abate, or control the conditions or
  430  activity creating the violation, using the procedures in s.
  431  380.11.
  432         (c) In instituting an administrative or judicial proceeding
  433  involving an optional sector plan or detailed specific area
  434  plan, including a proceeding pursuant to paragraph (b), the
  435  complaining party shall comply with the requirements of s.
  436  163.3215(4), (5), (6), and (7), except as provided by paragraph
  437  (3)(d).
  438         (d) The detailed specific area plan shall establish a
  439  buildout date until which the approved development shall not be
  440  subject to downzoning, unit density reduction, or intensity
  441  reduction, unless the local government can demonstrate that
  442  implementation of the plan is not continuing in good faith based
  443  on standards established by plan policy, or that substantial
  444  changes in the conditions underlying the approval of the
  445  detailed specific area plan have occurred, or that the detailed
  446  specific area plan was based on substantially inaccurate
  447  information provided by the applicant, or that the change is
  448  clearly established to be essential to the public health,
  449  safety, or welfare.
  450         (6) Concurrent with or subsequent to review and adoption of
  451  a long-term master plan pursuant to paragraph (3)(a), an
  452  applicant may apply for master development approval pursuant to
  453  s. 380.06(21) for the entire planning area in order to establish
  454  a buildout date until which the approved uses and densities and
  455  intensities of use of the master plan shall not be subject to
  456  downzoning, unit density reduction, or intensity reduction,
  457  unless the local government can demonstrate that implementation
  458  of the master plan is not continuing in good faith based on
  459  standards established by plan policy, or that substantial
  460  changes in the conditions underlying the approval of the master
  461  plan have occurred, or that the master plan was based on
  462  substantially inaccurate information provided by the applicant,
  463  or that change is clearly established to be essential to the
  464  public health, safety, or welfare. Review of the application for
  465  master development approval shall be at a level of detail
  466  appropriate for the long-term and conceptual nature of the long
  467  term master plan and, to the maximum extent possible, shall only
  468  consider information provided in the application for a long-term
  469  master plan. Notwithstanding any provision of s. 380.06 to the
  470  contrary, an increment of development in such an approved master
  471  development plan shall be approved by a detailed specific area
  472  plan pursuant to paragraph (3)(b) and shall be exempt from
  473  review pursuant to s. 380.06. Beginning December 1, 1999, and
  474  each year thereafter, the department shall provide a status
  475  report to the Legislative Committee on Intergovernmental
  476  Relations regarding each optional sector plan authorized under
  477  this section.
  478         (7) A developer within an area subject to a long-term
  479  master plan that meets the requirements of paragraph (3)(a) and
  480  subsection (6) or a detailed specific area plan that meets the
  481  requirements of paragraph (3)(b) may enter into a development
  482  agreement with a local government pursuant to ss. 163.3220
  483  163.3243. The duration of such a development agreement may be
  484  through the planning period of the long-term master plan or the
  485  detailed specific area plan, as the case may be, notwithstanding
  486  the limit on the duration of a development agreement pursuant to
  487  s. 163.3229.
  488         (8) Any owner of property within the planning area of a
  489  proposed long-term master plan may withdraw his or her consent
  490  to the master plan at any time prior to local government
  491  adoption, and the local government shall exclude such parcels
  492  from the adopted master plan. Thereafter, the long-term master
  493  plan, any detailed specific area plan, and the exemption from
  494  development-of-regional-impact review under this section shall
  495  not apply to the subject parcels. After adoption of a long-term
  496  master plan, an owner may withdraw his or her property from the
  497  master plan only with the approval of the local government by
  498  plan amendment adopted and reviewed pursuant to s. 163.3184.
  499         (9) The adoption of a long-term master plan or a detailed
  500  specific area plan pursuant to this section shall not limit the
  501  right to continue existing agricultural or silvicultural uses or
  502  other natural resource-based operations or to establish similar
  503  new uses that are consistent with the plans approved pursuant to
  504  this section.
  505         (10)The state land planning agency may enter into an
  506  agreement with a local government that, on or before July 1,
  507  2011, adopted a large-area comprehensive plan amendment that
  508  consisted of at least 15,000 acres and meets the requirements
  509  for a long-term master plan in paragraph (3)(a), after notice
  510  and public hearing by the local government, and thereafter,
  511  notwithstanding any provision of s. 380.06, this part, or any
  512  planning agreement or plan policy, that large-area plan shall be
  513  implemented through detailed specific area plans that meet the
  514  requirements of paragraph (3)(b) and shall otherwise be subject
  515  to the provisions of this section.
  516         (11) Notwithstanding any provision to the contrary of s.
  517  380.06 or this part or any planning agreement or plan policy, a
  518  landowner or developer who has received approval of a master
  519  development of regional impact development order pursuant to s.
  520  380.06(21) may apply to implement this order by filing one or
  521  more applications to approve detailed specific area plans
  522  pursuant to paragraph (3)(b).
  523         (12) Notwithstanding the provisions of this section, a
  524  detailed specific area plan to implement a conceptual long-term
  525  buildout overlay adopted by a local government and found in
  526  compliance prior to July 1, 2011, shall be governed by the
  527  provisions of this section.
  528         (13)(7) This section may not be construed to abrogate the
  529  rights of any person under this chapter.
  530         Section 5. Paragraph (b) of subsection (9) of section
  531  163.3246, Florida Statutes, is amended to read:
  532         163.3246 Local government comprehensive planning
  533  certification program.—
  534         (9)
  535         (b) Plan amendments that change the boundaries of the
  536  certification area; propose a rural land stewardship area
  537  pursuant to s. 163.3177(11)(d); propose a an optional sector
  538  plan pursuant to s. 163.3245; propose a school facilities
  539  element; update a comprehensive plan based on an evaluation and
  540  appraisal report; impact lands outside the certification
  541  boundary; implement new statutory requirements that require
  542  specific comprehensive plan amendments; or increase hurricane
  543  evacuation times or the need for shelter capacity on lands
  544  within the coastal high-hazard area shall be reviewed pursuant
  545  to ss. 163.3184 and 163.3187.
  546         Section 6. Paragraph (s) of subsection (24) of section
  547  380.06, Florida Statutes, is amended to read:
  548         380.06 Developments of regional impact.—
  549         (24) STATUTORY EXEMPTIONS.—
  550         (s) Any development in a detailed specific area plan which
  551  is prepared pursuant to s. 163.3245 and adopted into the
  552  comprehensive plan is exempt from this section.
  553  
  554  If a use is exempt from review as a development of regional
  555  impact under paragraphs (a)-(s), but will be part of a larger
  556  project that is subject to review as a development of regional
  557  impact, the impact of the exempt use must be included in the
  558  review of the larger project, unless such exempt use involves a
  559  development of regional impact that includes a landowner,
  560  tenant, or user that has entered into a funding agreement with
  561  the Office of Tourism, Trade, and Economic Development under the
  562  Innovation Incentive Program and the agreement contemplates a
  563  state award of at least $50 million.
  564         Section 7. Subsection (3) of section 380.115, Florida
  565  Statutes, is amended to read:
  566         380.115 Vested rights and duties; effect of size reduction,
  567  changes in guidelines and standards.—
  568         (3) A landowner that has filed an application for a
  569  development-of-regional-impact review prior to the adoption of a
  570  an optional sector plan pursuant to s. 163.3245 may elect to
  571  have the application reviewed pursuant to s. 380.06,
  572  comprehensive plan provisions in force prior to adoption of the
  573  sector plan, and any requested comprehensive plan amendments
  574  that accompany the application.
  575         Section 8. This act shall take effect upon becoming a law.