Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1190
       
       
       
       
       
       
                                Ì810490ÇÎ810490                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
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       The Committee on Rules (Diaz de la Portilla) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) is added to section 125.045,
    6  Florida Statutes, to read:
    7         125.045 County economic development powers.—
    8         (6)The governing body of a county may designate specific
    9  areas, not to exceed 300 acres, to employ tax increment
   10  financing for the purposes of this section. For any tax
   11  increment area created pursuant to this section, the governing
   12  body of a county shall administer a separate reserve account for
   13  the deposit of tax increment revenues. Tax increment revenues,
   14  including the proceeds of any revenue bonds secured by, and
   15  repaid with, such tax increment revenues, shall be used to fund
   16  economic development activities, as referenced in this section,
   17  and infrastructure projects which directly benefit the tax
   18  increment area, including traffic, transportation and mobility
   19  improvements, water and wastewater facilities, utility and site
   20  improvements and environmental protection. The funds may not be
   21  used for the construction of buildings used solely for retail
   22  purposes within the tax increment area. The tax increment
   23  authorized under this section shall be determined annually and
   24  shall be the amount equal to a maximum of 95 percent of the
   25  difference between:
   26         (a)The amount of ad valorem taxes levied each year by the
   27  county, exclusive of any amount from any debt service millage,
   28  on taxable real property contained within the geographic
   29  boundaries of the tax increment area; and
   30         (b)The amount of ad valorem taxes which would have been
   31  produced by the rate upon which the tax is levied each year by
   32  or for the county, exclusive of any debt service millage, upon
   33  the total of the assessed value of the taxable real property in
   34  the tax increment area, as shown upon the most recent assessment
   35  roll used in connection with the taxation of such property by
   36  the county, before establishment of the tax increment area.
   37         Section 2. Paragraph (c) of subsection (2), paragraph (e)
   38  of subsection (5), and paragraph (d) of subsection (7) of
   39  section 163.3184, Florida Statutes, are amended to read:
   40         163.3184 Process for adoption of comprehensive plan or plan
   41  amendment.—
   42         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   43         (c) Plan amendments that are in an area of critical state
   44  concern designated pursuant to s. 380.05; propose a rural land
   45  stewardship area pursuant to s. 163.3248; propose a sector plan
   46  pursuant to s. 163.3245 or an amendment to an adopted sector
   47  plan; update a comprehensive plan based on an evaluation and
   48  appraisal pursuant to s. 163.3191; propose a development that is
   49  subject to the state coordinated review process qualifies as a
   50  development of regional impact pursuant to s. 380.06; or are new
   51  plans for newly incorporated municipalities adopted pursuant to
   52  s. 163.3167 must shall follow the state coordinated review
   53  process in subsection (4).
   54         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
   55  AMENDMENTS.—
   56         (e) If the administrative law judge recommends that the
   57  amendment be found in compliance, the judge shall submit the
   58  recommended order to the state land planning agency.
   59         1. If the state land planning agency determines that the
   60  plan amendment should be found not in compliance, the agency
   61  shall make every effort to refer the recommended order and its
   62  determination expeditiously to the Administration Commission for
   63  final agency action, but at a minimum within the time period
   64  provided by s. 120.569.
   65         2. If the state land planning agency determines that the
   66  plan amendment should be found in compliance, the agency shall
   67  make every effort to enter its final order expeditiously, but at
   68  a minimum within the time period provided by s. 120.569.
   69         3.The recommended order submitted under this paragraph
   70  becomes a final order 90 days after issuance unless the state
   71  land planning agency acts as provided in subparagraph 1. or
   72  subparagraph 2., or all parties consent in writing to an
   73  extension of the 90-day period.
   74         (7) MEDIATION AND EXPEDITIOUS RESOLUTION.—
   75         (d) For a case following the procedures under this
   76  subsection, absent a showing of extraordinary circumstances or
   77  written consent of the parties, if the administrative law judge
   78  recommends that the amendment be found not in compliance, the
   79  Administration Commission shall issue a final order, in a case
   80  proceeding under subsection (5), within 45 days after the
   81  issuance of the recommended order, unless the parties agree in
   82  writing to a longer time. If the administrative law judge
   83  recommends that the amendment be found in compliance, the state
   84  land planning agency shall issue a final order within 45 days
   85  after the issuance of the recommended order. If the state land
   86  planning agency fails to timely issue a final order, the
   87  recommended order finding the amendment to be in compliance
   88  immediately becomes final.
   89         Section 3. Subsection (1) of section 163.3245, Florida
   90  Statutes, is amended to read:
   91         163.3245 Sector plans.—
   92         (1) In recognition of the benefits of long-range planning
   93  for specific areas, local governments or combinations of local
   94  governments may adopt into their comprehensive plans a sector
   95  plan in accordance with this section. This section is intended
   96  to promote and encourage long-term planning for conservation,
   97  development, and agriculture on a landscape scale; to further
   98  support innovative and flexible planning and development
   99  strategies, and the purposes of this part and part I of chapter
  100  380; to facilitate protection of regionally significant
  101  resources, including, but not limited to, regionally significant
  102  water courses and wildlife corridors; and to avoid duplication
  103  of effort in terms of the level of data and analysis required
  104  for a development of regional impact, while ensuring the
  105  adequate mitigation of impacts to applicable regional resources
  106  and facilities, including those within the jurisdiction of other
  107  local governments, as would otherwise be provided. Sector plans
  108  are intended for substantial geographic areas that include at
  109  least 5,000 15,000 acres of one or more local governmental
  110  jurisdictions and are to emphasize urban form and protection of
  111  regionally significant resources and public facilities. A sector
  112  plan may not be adopted in an area of critical state concern.
  113         Section 4. Subsection (2) of section 171.046, Florida
  114  Statutes, is amended to read:
  115         171.046 Annexation of enclaves.—
  116         (2) In order to expedite the annexation of enclaves of 110
  117  10 acres or less into the most appropriate incorporated
  118  jurisdiction, based upon existing or proposed service provision
  119  arrangements, a municipality may:
  120         (a) Annex an enclave by interlocal agreement with the
  121  county having jurisdiction of the enclave; or
  122         (b) Annex an enclave with fewer than 25 registered voters
  123  by municipal ordinance when the annexation is approved in a
  124  referendum by at least 60 percent of the registered voters who
  125  reside in the enclave.
  126         Section 5. Subsection (5), paragraph (b) of subsection (8),
  127  and subsection (9) of section 380.0555, Florida Statutes, are
  128  amended to read:
  129         380.0555 Apalachicola Bay Area; protection and designation
  130  as area of critical state concern.—
  131         (5) APPLICATION OF CHAPTER 380 PROVISIONS.—Section
  132  380.05(1)-(5) (6), (8), (9),-(12), (15), (17), and (21), shall
  133  not apply to the area designated by this act for so long as the
  134  designation remains in effect. Except as otherwise provided in
  135  this act, s. 380.045 shall not apply to the area designated by
  136  this act. All other provisions of this chapter shall apply,
  137  including ss. 380.07 and 380.11, except that the “local
  138  development regulations” in s. 380.05(13) shall include the
  139  regulations set forth in subsection (8) for purposes of s.
  140  380.05(13), and the plan or plans submitted pursuant to s.
  141  380.05(14) shall be submitted no later than February 1, 1986.
  142  All or part of the area designated by this act may be
  143  redesignated pursuant to s. 380.05 as if it had been initially
  144  designated pursuant to that section.
  145         (8) COMPREHENSIVE PLAN ELEMENTS AND LAND DEVELOPMENT
  146  REGULATIONS.—
  147         (b) Conflicting regulations.—In the event of any
  148  inconsistency between subparagraph (a)1. and subparagraphs
  149  (a)2.-11., subparagraph (a)1. shall control. Further, in the
  150  event of any inconsistency between subsection (7) and paragraph
  151  (a) of this subsection and a development order issued pursuant
  152  to s. 380.06, which has become final prior to June 18, 1985, or
  153  between subsection (7) and paragraph (a) and an amendment to a
  154  final development order, which amendment has been requested
  155  prior to April 2, 1985, the development order or amendment
  156  thereto shall control. However, any modification to paragraph
  157  (a) enacted by a local government and approved by the state land
  158  planning agency Administration Commission pursuant to subsection
  159  (9) may provide whether it shall control over an inconsistent
  160  provision of a development order or amendment thereto. A
  161  development order or any amendment thereto referred to in this
  162  paragraph shall not be subject to approval by the state land
  163  planning agency Administration Commission pursuant to subsection
  164  (9).
  165         (9) MODIFICATION TO PLANS AND REGULATIONS.—Any land
  166  development regulation or element of a local comprehensive plan
  167  in the Apalachicola Bay Area may be enacted, amended, or
  168  rescinded by a local government, but the enactment, amendment,
  169  or rescission becomes effective only upon the approval thereof
  170  by the state land planning agency Administration Commission. The
  171  state land planning agency shall review the proposed change to
  172  determine if it complies with the principles for guiding
  173  development specified in subsection (7) and must approve or
  174  reject the requested change as provided in s. 380.05. Further,
  175  the state land planning agency, after consulting with the
  176  appropriate local government, may, from time to time, recommend
  177  the enactment, amendment, or rescission of a land development
  178  regulation or element of a comprehensive plan. Within 45 days
  179  following the receipt of such recommendation by the state land
  180  planning agency or enactment, amendment, or rescission by a
  181  local government the commission shall reject the recommendation,
  182  enactment, amendment, or rescission or accept it with or without
  183  modification and adopt, by rule, any changes. Any such local
  184  land development regulation or comprehensive plan or part of
  185  such regulation or plan may be adopted by the commission if it
  186  finds that it is in compliance with the principles for guiding
  187  development.
  188         Section 6. Subsection (14), paragraph (g) of subsection
  189  (15), paragraphs (b) and (e) of subsection (19), and subsection
  190  (30) of section 380.06, Florida Statutes, are amended to read:
  191         380.06 Developments of regional impact.—
  192         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
  193  the development is not located in an area of critical state
  194  concern, in considering whether the development is shall be
  195  approved, denied, or approved subject to conditions,
  196  restrictions, or limitations, the local government shall
  197  consider whether, and the extent to which:
  198         (a) The development is consistent with the local
  199  comprehensive plan and local land development regulations.;
  200         (b) The development is consistent with the report and
  201  recommendations of the regional planning agency submitted
  202  pursuant to subsection (12).; and
  203         (c) The development is consistent with the State
  204  Comprehensive Plan. In consistency determinations, the plan
  205  shall be construed and applied in accordance with s. 187.101(3).
  206  
  207  However, a local government may approve a change to a
  208  development authorized as a development of regional impact if
  209  the change has the effect of reducing the originally approved
  210  height, density, or intensity of the development, and if the
  211  revised development would have been consistent with the
  212  comprehensive plan in effect when the development was originally
  213  approved. If the revised development is approved, the developer
  214  may proceed as provided in s. 163.3167(5).
  215         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
  216         (g) A local government may shall not issue a permit permits
  217  for a development subsequent to the buildout date contained in
  218  the development order unless:
  219         1. The proposed development has been evaluated cumulatively
  220  with existing development under the substantial deviation
  221  provisions of subsection (19) after subsequent to the
  222  termination or expiration date;
  223         2. The proposed development is consistent with an
  224  abandonment of development order that has been issued in
  225  accordance with the provisions of subsection (26);
  226         3. The development of regional impact is essentially built
  227  out, in that all the mitigation requirements in the development
  228  order have been satisfied, all developers are in compliance with
  229  all applicable terms and conditions of the development order
  230  except the buildout date, and the amount of proposed development
  231  that remains to be built is less than 40 percent of any
  232  applicable development-of-regional-impact threshold; or
  233         4. The project has been determined to be an essentially
  234  built out built-out development of regional impact through an
  235  agreement executed by the developer, the state land planning
  236  agency, and the local government, in accordance with s. 380.032,
  237  which will establish the terms and conditions under which the
  238  development may be continued. If the project is determined to be
  239  essentially built out, development may proceed pursuant to the
  240  s. 380.032 agreement after the termination or expiration date
  241  contained in the development order without further development
  242  of-regional-impact review subject to the local government
  243  comprehensive plan and land development regulations or subject
  244  to a modified development-of-regional-impact analysis. The
  245  parties may amend the agreement without submission, review, or
  246  approval of a notification of proposed change pursuant to
  247  subsection (19). For the purposes of As used in this paragraph,
  248  a an “essentially built-out” development of regional impact is
  249  essentially built out, if means:
  250         a. The developers are in compliance with all applicable
  251  terms and conditions of the development order except the
  252  buildout date or reporting requirements; and
  253         b.(I) The amount of development that remains to be built is
  254  less than the substantial deviation threshold specified in
  255  paragraph (19)(b) for each individual land use category, or, for
  256  a multiuse development, the sum total of all unbuilt land uses
  257  as a percentage of the applicable substantial deviation
  258  threshold is equal to or less than 100 percent; or
  259         (II) The state land planning agency and the local
  260  government have agreed in writing that the amount of development
  261  to be built does not create the likelihood of any additional
  262  regional impact not previously reviewed.
  263  
  264  The single-family residential portions of a development may be
  265  considered “essentially built out” if all of the workforce
  266  housing obligations and all of the infrastructure and horizontal
  267  development have been completed, at least 50 percent of the
  268  dwelling units have been completed, and more than 80 percent of
  269  the lots have been conveyed to third-party individual lot owners
  270  or to individual builders who own no more than 40 lots at the
  271  time of the determination. The mobile home park portions of a
  272  development may be considered “essentially built out” if all the
  273  infrastructure and horizontal development has been completed,
  274  and at least 50 percent of the lots are leased to individual
  275  mobile home owners. In order to accommodate changing market
  276  demands and achieve maximum land use efficiency in an
  277  essentially built out project, when a developer is building out
  278  a project, a local government, without the concurrence of the
  279  state land planning agency, may adopt a resolution authorizing
  280  the developer to exchange one approved land use for another
  281  approved land use specified in the agreement. Before issuance of
  282  a building permit pursuant to an exchange, the developer must
  283  demonstrate to the local government that the exchange ratio will
  284  not result in a net increase in impacts to public facilities and
  285  will meet all applicable requirements of the comprehensive plan
  286  and land development code. For developments previously
  287  determined to impact strategic intermodal facilities as defined
  288  in s. 339.63, the local government shall consult with the
  289  Department of Transportation before approving the exchange.
  290         (19) SUBSTANTIAL DEVIATIONS.—
  291         (b) Any proposed change to a previously approved
  292  development of regional impact or development order condition
  293  which, either individually or cumulatively with other changes,
  294  exceeds any of the following criteria in subparagraphs 1.-11.
  295  constitutes shall constitute a substantial deviation and shall
  296  cause the development to be subject to further development-of
  297  regional-impact review through the notice of proposed change
  298  process under this subsection. without the necessity for a
  299  finding of same by the local government:
  300         1. An increase in the number of parking spaces at an
  301  attraction or recreational facility by 15 percent or 500 spaces,
  302  whichever is greater, or an increase in the number of spectators
  303  that may be accommodated at such a facility by 15 percent or
  304  1,500 spectators, whichever is greater.
  305         2. A new runway, a new terminal facility, a 25 percent
  306  lengthening of an existing runway, or a 25 percent increase in
  307  the number of gates of an existing terminal, but only if the
  308  increase adds at least three additional gates.
  309         3. An increase in land area for office development by 15
  310  percent or an increase of gross floor area of office development
  311  by 15 percent or 100,000 gross square feet, whichever is
  312  greater.
  313         4. An increase in the number of dwelling units by 10
  314  percent or 55 dwelling units, whichever is greater.
  315         5. An increase in the number of dwelling units by 50
  316  percent or 200 units, whichever is greater, provided that 15
  317  percent of the proposed additional dwelling units are dedicated
  318  to affordable workforce housing, subject to a recorded land use
  319  restriction that shall be for a period of not less than 20 years
  320  and that includes resale provisions to ensure long-term
  321  affordability for income-eligible homeowners and renters and
  322  provisions for the workforce housing to be commenced before
  323  prior to the completion of 50 percent of the market rate
  324  dwelling. For purposes of this subparagraph, the term
  325  “affordable workforce housing” means housing that is affordable
  326  to a person who earns less than 120 percent of the area median
  327  income, or less than 140 percent of the area median income if
  328  located in a county in which the median purchase price for a
  329  single-family existing home exceeds the statewide median
  330  purchase price of a single-family existing home. For purposes of
  331  this subparagraph, the term “statewide median purchase price of
  332  a single-family existing home” means the statewide purchase
  333  price as determined in the Florida Sales Report, Single-Family
  334  Existing Homes, released each January by the Florida Association
  335  of Realtors and the University of Florida Real Estate Research
  336  Center.
  337         6. An increase in commercial development by 60,000 square
  338  feet of gross floor area or of parking spaces provided for
  339  customers for 425 cars or a 10 percent increase, whichever is
  340  greater.
  341         7. An increase in a recreational vehicle park area by 10
  342  percent or 110 vehicle spaces, whichever is less.
  343         8. A decrease in the area set aside for open space of 5
  344  percent or 20 acres, whichever is less.
  345         9. A proposed increase to an approved multiuse development
  346  of regional impact where the sum of the increases of each land
  347  use as a percentage of the applicable substantial deviation
  348  criteria is equal to or exceeds 110 percent. The percentage of
  349  any decrease in the amount of open space shall be treated as an
  350  increase for purposes of determining when 110 percent has been
  351  reached or exceeded.
  352         10. A 15 percent increase in the number of external vehicle
  353  trips generated by the development above that which was
  354  projected during the original development-of-regional-impact
  355  review.
  356         11. Any change that would result in development of any area
  357  which was specifically set aside in the application for
  358  development approval or in the development order for
  359  preservation or special protection of endangered or threatened
  360  plants or animals designated as endangered, threatened, or
  361  species of special concern and their habitat, any species
  362  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
  363  archaeological and historical sites designated as significant by
  364  the Division of Historical Resources of the Department of State.
  365  The refinement of the boundaries and configuration of such areas
  366  shall be considered under sub-subparagraph (e)2.j.
  367  
  368  The substantial deviation numerical standards in subparagraphs
  369  3., 6., and 9., excluding residential uses, and in subparagraph
  370  10., are increased by 100 percent for a project certified under
  371  s. 403.973 which creates jobs and meets criteria established by
  372  the Department of Economic Opportunity as to its impact on an
  373  area’s economy, employment, and prevailing wage and skill
  374  levels. The substantial deviation numerical standards in
  375  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
  376  percent for a project located wholly within an urban infill and
  377  redevelopment area designated on the applicable adopted local
  378  comprehensive plan future land use map and not located within
  379  the coastal high hazard area.
  380         (e)1. Except for a development order rendered pursuant to
  381  subsection (22) or subsection (25), a proposed change to a
  382  development order which individually or cumulatively with any
  383  previous change is less than any numerical criterion contained
  384  in subparagraphs (b)1.-10. and does not exceed any other
  385  criterion, or which involves an extension of the buildout date
  386  of a development, or any phase thereof, of less than 5 years is
  387  not subject to the public hearing requirements of subparagraph
  388  (f)3., and is not subject to a determination pursuant to
  389  subparagraph (f)5. Notice of the proposed change shall be made
  390  to the regional planning council and the state land planning
  391  agency. Such notice must include a description of previous
  392  individual changes made to the development, including changes
  393  previously approved by the local government, and must include
  394  appropriate amendments to the development order.
  395         2. The following changes, individually or cumulatively with
  396  any previous changes, are not substantial deviations:
  397         a. Changes in the name of the project, developer, owner, or
  398  monitoring official.
  399         b. Changes to a setback which do not affect noise buffers,
  400  environmental protection or mitigation areas, or archaeological
  401  or historical resources.
  402         c. Changes to minimum lot sizes.
  403         d. Changes in the configuration of internal roads which do
  404  not affect external access points.
  405         e. Changes to the building design or orientation which stay
  406  approximately within the approved area designated for such
  407  building and parking lot, and which do not affect historical
  408  buildings designated as significant by the Division of
  409  Historical Resources of the Department of State.
  410         f. Changes to increase the acreage in the development, if
  411  no development is proposed on the acreage to be added.
  412         g. Changes to eliminate an approved land use, if there are
  413  no additional regional impacts.
  414         h. Changes required to conform to permits approved by any
  415  federal, state, or regional permitting agency, if these changes
  416  do not create additional regional impacts.
  417         i. Any renovation or redevelopment of development within a
  418  previously approved development of regional impact which does
  419  not change land use or increase density or intensity of use.
  420         j. Changes that modify boundaries and configuration of
  421  areas described in subparagraph (b)11. due to science-based
  422  refinement of such areas by survey, by habitat evaluation, by
  423  other recognized assessment methodology, or by an environmental
  424  assessment. In order for changes to qualify under this sub
  425  subparagraph, the survey, habitat evaluation, or assessment must
  426  occur before the time that a conservation easement protecting
  427  such lands is recorded and must not result in any net decrease
  428  in the total acreage of the lands specifically set aside for
  429  permanent preservation in the final development order.
  430         k. Changes that do not increase the number of external peak
  431  hour trips and do not reduce open space and conserved areas
  432  within the project except as otherwise permitted by sub
  433  subparagraph j.
  434         l. A phase date extension, if the state land planning
  435  agency, in consultation with the regional planning council and
  436  subject to the written concurrence of the Department of
  437  Transportation, agrees that the traffic impact is not
  438  significant and adverse under applicable state agency rules.
  439         m.l. Any other change that the state land planning agency,
  440  in consultation with the regional planning council, agrees in
  441  writing is similar in nature, impact, or character to the
  442  changes enumerated in sub-subparagraphs a.-l. a.-k. and that
  443  does not create the likelihood of any additional regional
  444  impact.
  445  
  446  This subsection does not require the filing of a notice of
  447  proposed change but requires an application to the local
  448  government to amend the development order in accordance with the
  449  local government’s procedures for amendment of a development
  450  order. In accordance with the local government’s procedures,
  451  including requirements for notice to the applicant and the
  452  public, the local government shall either deny the application
  453  for amendment or adopt an amendment to the development order
  454  which approves the application with or without conditions.
  455  Following adoption, the local government shall render to the
  456  state land planning agency the amendment to the development
  457  order. The state land planning agency may appeal, pursuant to s.
  458  380.07(3), the amendment to the development order if the
  459  amendment involves sub-subparagraph g., sub-subparagraph h.,
  460  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
  461  l. and if the agency believes that the change creates a
  462  reasonable likelihood of new or additional regional impacts.
  463         3. Except for the change authorized by sub-subparagraph
  464  2.f., any addition of land not previously reviewed or any change
  465  not specified in paragraph (b) or paragraph (c) shall be
  466  presumed to create a substantial deviation. This presumption may
  467  be rebutted by clear and convincing evidence.
  468         4. Any submittal of a proposed change to a previously
  469  approved development must include a description of individual
  470  changes previously made to the development, including changes
  471  previously approved by the local government. The local
  472  government shall consider the previous and current proposed
  473  changes in deciding whether such changes cumulatively constitute
  474  a substantial deviation requiring further development-of
  475  regional-impact review.
  476         5. The following changes to an approved development of
  477  regional impact shall be presumed to create a substantial
  478  deviation. Such presumption may be rebutted by clear and
  479  convincing evidence:.
  480         a. A change proposed for 15 percent or more of the acreage
  481  to a land use not previously approved in the development order.
  482  Changes of less than 15 percent shall be presumed not to create
  483  a substantial deviation.
  484         b. Notwithstanding any provision of paragraph (b) to the
  485  contrary, a proposed change consisting of simultaneous increases
  486  and decreases of at least two of the uses within an authorized
  487  multiuse development of regional impact which was originally
  488  approved with three or more uses specified in s. 380.0651(3)(c)
  489  and (d) and residential use.
  490         6. If a local government agrees to a proposed change, a
  491  change in the transportation proportionate share calculation and
  492  mitigation plan in an adopted development order as a result of
  493  recalculation of the proportionate share contribution meeting
  494  the requirements of s. 163.3180(5)(h) in effect as of the date
  495  of such change shall be presumed not to create a substantial
  496  deviation. For purposes of this subsection, the proposed change
  497  in the proportionate share calculation or mitigation plan may
  498  not be considered an additional regional transportation impact.
  499         (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
  500  otherwise subject to the review requirements of this section
  501  shall be approved by a local government pursuant to s.
  502  163.3184(4) in lieu of proceeding in accordance with this
  503  section. However, if the proposed development is consistent with
  504  the comprehensive plan as provided in s. 163.3194(3)(b), the
  505  development is not required to undergo review pursuant to s.
  506  163.3184(4) or this section. This subsection does not apply to
  507  amendments to a development order governing an existing
  508  development of regional impact.
  509         Section 7. Paragraph (c) of subsection (4) of section
  510  380.0651, Florida Statutes, is amended to read:
  511         380.0651 Statewide guidelines and standards.—
  512         (4) Two or more developments, represented by their owners
  513  or developers to be separate developments, shall be aggregated
  514  and treated as a single development under this chapter when they
  515  are determined to be part of a unified plan of development and
  516  are physically proximate to one other.
  517         (c) Aggregation is not applicable when the following
  518  circumstances and provisions of this chapter apply are
  519  applicable:
  520         1. Developments that which are otherwise subject to
  521  aggregation with a development of regional impact which has
  522  received approval through the issuance of a final development
  523  order may shall not be aggregated with the approved development
  524  of regional impact. However, nothing contained in this
  525  subparagraph does not shall preclude the state land planning
  526  agency from evaluating an allegedly separate development as a
  527  substantial deviation pursuant to s. 380.06(19) or as an
  528  independent development of regional impact.
  529         2. Two or more developments, each of which is independently
  530  a development of regional impact that has or will obtain a
  531  development order pursuant to s. 380.06.
  532         3. Completion of any development that has been vested
  533  pursuant to s. 380.05 or s. 380.06, including vested rights
  534  arising out of agreements entered into with the state land
  535  planning agency for purposes of resolving vested rights issues.
  536  Development-of-regional-impact review of additions to vested
  537  developments of regional impact shall not include review of the
  538  impacts resulting from the vested portions of the development.
  539         4. The developments sought to be aggregated were authorized
  540  to commence development before prior to September 1, 1988, and
  541  could not have been required to be aggregated under the law
  542  existing before prior to that date.
  543         5. Any development that qualifies for an exemption under s.
  544  380.06(29).
  545         6. Newly acquired lands intended for development in
  546  coordination with developed and existing development of regional
  547  impact are not subject to aggregation if such newly acquired
  548  lands comprise an area equal to, or less than, 10 percent of the
  549  total acreage subject to an existing development-of-regional
  550  impact development order.
  551         Section 8. Subsection (1) of section 380.115, Florida
  552  Statutes, is amended to read:
  553         380.115 Vested rights and duties; effect of size reduction,
  554  changes in guidelines and standards.—
  555         (1) A change in a development-of-regional-impact guideline
  556  and standard does not abridge or modify any vested or other
  557  right or any duty or obligation pursuant to any development
  558  order or agreement that is applicable to a development of
  559  regional impact. A development that has received a development
  560  of-regional-impact development order pursuant to s. 380.06, but
  561  is no longer required to undergo development-of-regional-impact
  562  review by operation of a change in the guidelines and standards,
  563  a development that or has reduced its size below the thresholds
  564  specified in s. 380.0651, or a development that is exempt
  565  pursuant to s. 380.06(24) or (29), or a development that elects
  566  to rescind the development order are shall be governed by the
  567  following procedures:
  568         (a) The development shall continue to be governed by the
  569  development-of-regional-impact development order and may be
  570  completed in reliance upon and pursuant to the development order
  571  unless the developer or landowner has followed the procedures
  572  for rescission in paragraph (b). Any proposed changes to those
  573  developments which continue to be governed by a development
  574  order must shall be approved pursuant to s. 380.06(19) as it
  575  existed before a change in the development-of-regional-impact
  576  guidelines and standards, except that all percentage criteria
  577  are shall be doubled and all other criteria are shall be
  578  increased by 10 percent. The development-of-regional-impact
  579  development order may be enforced by the local government as
  580  provided in by ss. 380.06(17) and 380.11.
  581         (b) If requested by the developer or landowner, the
  582  development-of-regional-impact development order shall be
  583  rescinded by the local government having jurisdiction upon a
  584  showing that all required mitigation related to the amount of
  585  development that existed on the date of rescission has been
  586  completed or will be completed under an existing permit or
  587  equivalent authorization issued by a governmental agency as
  588  defined in s. 380.031(6), if provided such permit or
  589  authorization is subject to enforcement through administrative
  590  or judicial remedies.
  591         Section 9. This act shall take effect July 1, 2016.
  592  
  593  ================= T I T L E  A M E N D M E N T ================
  594  And the title is amended as follows:
  595         Delete everything before the enacting clause
  596  and insert:
  597                        A bill to be entitled                      
  598         An act relating to growth management; amending s.
  599         125.045, F.S.; authorizing the governing body of a
  600         county to employ tax increment financing in certain
  601         areas; requiring the governing body of a county to
  602         administer a separate reserve account for tax
  603         increment areas for the deposit of tax increment
  604         revenues; requiring that tax increment revenues be
  605         used to fund only certain activities and projects that
  606         directly benefit the tax increment area; specifying
  607         requirements for a tax increment; amending s.
  608         163.3184, F.S.; specifying that certain developments
  609         must follow the state coordinated review process;
  610         providing timeframes within which the Division of
  611         Administrative Hearings must transmit certain
  612         recommended orders to the Administration Commission;
  613         establishing deadlines for the state land planning
  614         agency to take action on recommended orders relating
  615         to certain plan amendments; providing a procedure for
  616         issuing a final order if the state land planning
  617         agency fails to take action; amending s. 163.3245,
  618         F.S.; revising the acreage thresholds for sector
  619         plans; amending s. 171.046, F.S.; revising the size of
  620         an enclave that a municipality may annex on an
  621         expedited basis; amending s. 380.0555, F.S.; revising
  622         the applicability of certain requirements and
  623         restrictions relating to areas of critical state
  624         concern to the Apalachicola Bay Area; providing that
  625         such areas may not be recommended for resignation for
  626         a certain time period; specifying that the state land
  627         planning agency, rather than the Administration
  628         Commission, shall approve modifications to certain
  629         local plans and regulations in the Apalachicola Bay
  630         Area; providing standards for such review; amending s.
  631         380.06, F.S.; authorizing certain changes to approved
  632         developments of regional impact; authorizing parties
  633         to amend certain development agreements without
  634         submittal, review, or approval of a notification of
  635         proposed change; revising the meaning of the term
  636         “essentially built out” as it relates to such
  637         amendments; providing criteria under which one
  638         approved land use may be submitted for another
  639         approved land use in certain land development
  640         agreements under certain circumstances; requiring the
  641         local government to consult with the Department of
  642         Transportation before approving such exchanges under
  643         certain circumstances; specifying that certain
  644         proposed changes to certain developments are a
  645         substantial deviation; specifying that such
  646         developments must undergo further development-of
  647         regional-impact review; providing that certain phase
  648         date extensions to amend a development order are not
  649         substantial deviations under certain circumstances;
  650         specifying conditions under which certain proposed
  651         developments are not required to undergo the state
  652         coordinated review process; amending s. 380.0651,
  653         F.S.; providing that lands acquired for development
  654         are not subject to aggregation under certain
  655         circumstances; amending s. 380.115, F.S.; providing
  656         the procedures to be used by a development that elects
  657         to rescind a development order; providing an effective
  658         date.