Florida Senate - 2016                             CS for SB 1190
       
       
        
       By the Committee on Community Affairs; and Senator Diaz de la
       Portilla
       
       578-02633-16                                          20161190c1
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         125.045, F.S.; authorizing the governing body of a
    4         county to employ tax increment financing; requiring
    5         the governing body of a county to administer a
    6         separate reserve account for tax increment areas for
    7         the deposit of tax increment revenues; requiring that
    8         tax increment revenues be used to fund certain
    9         activities and projects which directly benefit the tax
   10         increment area; specifying requirements for a tax
   11         increment; amending s. 163.3184, F.S.; specifying that
   12         certain developments must follow the state coordinated
   13         review process; providing timeframes within which the
   14         Division of Administrative Hearings must transmit
   15         certain recommended orders to the Administration
   16         Commission; establishing deadlines for the state land
   17         planning agency to take action on recommended orders
   18         relating to certain plan amendments; providing a
   19         procedure for issuing a final order if the state land
   20         planning agency fails to take action; amending s.
   21         163.3245, F.S.; revising the acreage thresholds for
   22         sector plans; amending s. 171.046, F.S.; revising the
   23         size of an enclave that a municipality may annex on an
   24         expedited basis; amending s. 380.06, F.S.; authorizing
   25         certain changes to approved developments of regional
   26         impact; authorizing parties to amend certain
   27         development agreements without submittal, review, or
   28         approval of a notification of proposed change;
   29         providing criteria under which one approved land use
   30         may be submitted for another approved land use in
   31         certain land development agreements under certain
   32         circumstances; specifying that certain proposed
   33         changes to certain developments are a substantial
   34         deviation; specifying that such developments must
   35         undergo further development-of-regional-impact review;
   36         providing that certain phase date extensions to amend
   37         a development order are not substantial deviations
   38         under certain circumstances; specifying conditions
   39         under which certain proposed developments are not
   40         required to undergo the state-coordinated review
   41         process; amending s. 380.0651, F.S.; providing that
   42         lands acquired for development are not subject to
   43         aggregation under certain circumstances; amending s.
   44         380.115, F.S.; providing the procedures to be used by
   45         a development that elects to rescind a development
   46         order; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Subsection (6) is added to section 125.045,
   51  Florida Statutes, to read:
   52         125.045 County economic development powers.—
   53         (6)The governing body of a county may employ tax increment
   54  financing for the purposes of this section. For any tax
   55  increment area created pursuant to this section, the governing
   56  body of a county shall administer a separate reserve account for
   57  the deposit of tax increment revenues. Tax increment revenues,
   58  including the proceeds of any revenue bonds secured by, and
   59  repaid with, such tax increment revenues, shall be used to fund
   60  economic development activities and projects which directly
   61  benefit the tax increment area. The tax increment authorized
   62  under this section shall be determined annually and shall be the
   63  amount equal to a maximum of 95 percent of the difference
   64  between:
   65         (a)The amount of ad valorem taxes levied each year by the
   66  county, exclusive of any amount from any debt service millage,
   67  on taxable real property contained within the geographic
   68  boundaries of the tax increment area; and
   69         (b)The amount of ad valorem taxes which would have been
   70  produced by the rate upon which the tax is levied each year by
   71  or for the county, exclusive of any debt service millage, upon
   72  the total of the assessed value of the taxable real property in
   73  the tax increment area, as shown upon the most recent assessment
   74  roll used in connection with the taxation of such property by
   75  the county, before establishment of the tax increment area.
   76         Section 2. Paragraph (c) of subsection (2), paragraph (e)
   77  of subsection (5), and paragraph (d) of subsection (7) of
   78  section 163.3184, Florida Statutes, are amended to read:
   79         163.3184 Process for adoption of comprehensive plan or plan
   80  amendment.—
   81         (2) COMPREHENSIVE PLANS AND PLAN AMENDMENTS.—
   82         (c) Plan amendments that are in an area of critical state
   83  concern designated pursuant to s. 380.05; propose a rural land
   84  stewardship area pursuant to s. 163.3248; propose a sector plan
   85  pursuant to s. 163.3245 or an amendment to an adopted sector
   86  plan; update a comprehensive plan based on an evaluation and
   87  appraisal pursuant to s. 163.3191; propose a development that is
   88  subject to the state coordinated review process qualifies as a
   89  development of regional impact pursuant to s. 380.06; or are new
   90  plans for newly incorporated municipalities adopted pursuant to
   91  s. 163.3167 must shall follow the state coordinated review
   92  process in subsection (4).
   93         (5) ADMINISTRATIVE CHALLENGES TO PLANS AND PLAN
   94  AMENDMENTS.—
   95         (e) If the administrative law judge recommends that the
   96  amendment be found in compliance, the judge shall submit the
   97  recommended order to the state land planning agency.
   98         1. If the state land planning agency determines that the
   99  plan amendment should be found not in compliance, the agency
  100  shall make every effort to refer the recommended order and its
  101  determination expeditiously to the Administration Commission for
  102  final agency action, but at a minimum within the time period
  103  provided by s. 120.569.
  104         2. If the state land planning agency determines that the
  105  plan amendment should be found in compliance, the agency shall
  106  make every effort to enter its final order expeditiously, but at
  107  a minimum within the time period provided by s. 120.569.
  108         3.The recommended order submitted under this paragraph
  109  becomes a final order 90 days after issuance unless the state
  110  land planning agency acts as provided in subparagraph 1. or
  111  subparagraph 2., or all parties consent in writing to an
  112  extension of the 90-day period.
  113         (7) MEDIATION AND EXPEDITIOUS RESOLUTION.—
  114         (d) For a case following the procedures under this
  115  subsection, absent a showing of extraordinary circumstances or
  116  written consent of the parties, if the administrative law judge
  117  recommends that the amendment be found not in compliance, the
  118  Administration Commission shall issue a final order, in a case
  119  proceeding under subsection (5), within 45 days after the
  120  issuance of the recommended order, unless the parties agree in
  121  writing to a longer time. If the administrative law judge
  122  recommends that the amendment be found in compliance, the state
  123  land planning agency shall issue a final order within 45 days
  124  after the issuance of the recommended order. If the state land
  125  planning agency fails to timely issue a final order, the
  126  recommended order finding the amendment to be in compliance
  127  immediately becomes final.
  128         Section 3. Subsection (1) of section 163.3245, Florida
  129  Statutes, is amended to read:
  130         163.3245 Sector plans.—
  131         (1) In recognition of the benefits of long-range planning
  132  for specific areas, local governments or combinations of local
  133  governments may adopt into their comprehensive plans a sector
  134  plan in accordance with this section. This section is intended
  135  to promote and encourage long-term planning for conservation,
  136  development, and agriculture on a landscape scale; to further
  137  support innovative and flexible planning and development
  138  strategies, and the purposes of this part and part I of chapter
  139  380; to facilitate protection of regionally significant
  140  resources, including, but not limited to, regionally significant
  141  water courses and wildlife corridors; and to avoid duplication
  142  of effort in terms of the level of data and analysis required
  143  for a development of regional impact, while ensuring the
  144  adequate mitigation of impacts to applicable regional resources
  145  and facilities, including those within the jurisdiction of other
  146  local governments, as would otherwise be provided. Sector plans
  147  are intended for substantial geographic areas that include at
  148  least 5,000 15,000 acres of one or more local governmental
  149  jurisdictions and are to emphasize urban form and protection of
  150  regionally significant resources and public facilities. A sector
  151  plan may not be adopted in an area of critical state concern.
  152         Section 4. Subsection (2) of section 171.046, Florida
  153  Statutes, is amended to read:
  154         171.046 Annexation of enclaves.—
  155         (2) In order to expedite the annexation of enclaves of 110
  156  10 acres or less into the most appropriate incorporated
  157  jurisdiction, based upon existing or proposed service provision
  158  arrangements, a municipality may:
  159         (a) Annex an enclave by interlocal agreement with the
  160  county having jurisdiction of the enclave; or
  161         (b) Annex an enclave with fewer than 25 registered voters
  162  by municipal ordinance when the annexation is approved in a
  163  referendum by at least 60 percent of the registered voters who
  164  reside in the enclave.
  165         Section 5. Subsection (14), paragraph (g) of subsection
  166  (15), paragraphs (b) and (e) of subsection (19), and subsection
  167  (30) of section 380.06, Florida Statutes, are amended to read:
  168         380.06 Developments of regional impact.—
  169         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
  170  the development is not located in an area of critical state
  171  concern, in considering whether the development is shall be
  172  approved, denied, or approved subject to conditions,
  173  restrictions, or limitations, the local government shall
  174  consider whether, and the extent to which:
  175         (a) The development is consistent with the local
  176  comprehensive plan and local land development regulations.;
  177         (b) The development is consistent with the report and
  178  recommendations of the regional planning agency submitted
  179  pursuant to subsection (12).; and
  180         (c) The development is consistent with the State
  181  Comprehensive Plan. In consistency determinations, the plan
  182  shall be construed and applied in accordance with s. 187.101(3).
  183  
  184  However, a local government may approve a change to a
  185  development authorized as a development of regional impact if
  186  the change has the effect of reducing the originally approved
  187  height, density, or intensity of the development, and if the
  188  revised development would have been consistent with the
  189  comprehensive plan in effect when the development was originally
  190  approved. If the revised development is approved, the developer
  191  may proceed as provided in s. 163.3167(5).
  192         (15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
  193         (g) A local government may shall not issue a permit permits
  194  for a development subsequent to the buildout date contained in
  195  the development order unless:
  196         1. The proposed development has been evaluated cumulatively
  197  with existing development under the substantial deviation
  198  provisions of subsection (19) after subsequent to the
  199  termination or expiration date;
  200         2. The proposed development is consistent with an
  201  abandonment of development order that has been issued in
  202  accordance with the provisions of subsection (26);
  203         3. The development of regional impact is essentially built
  204  out, in that all the mitigation requirements in the development
  205  order have been satisfied, all developers are in compliance with
  206  all applicable terms and conditions of the development order
  207  except the buildout date, and the amount of proposed development
  208  that remains to be built is less than 40 percent of any
  209  applicable development-of-regional-impact threshold; or
  210         4. The project has been determined to be an essentially
  211  built out built-out development of regional impact through an
  212  agreement executed by the developer, the state land planning
  213  agency, and the local government, in accordance with s. 380.032,
  214  which will establish the terms and conditions under which the
  215  development may be continued. If the project is determined to be
  216  essentially built out, development may proceed pursuant to the
  217  s. 380.032 agreement after the termination or expiration date
  218  contained in the development order without further development
  219  of-regional-impact review subject to the local government
  220  comprehensive plan and land development regulations or subject
  221  to a modified development-of-regional-impact analysis. The
  222  parties may amend the agreement without submission, review, or
  223  approval of a notification of proposed change pursuant to
  224  subsection (19). For the purposes of As used in this paragraph,
  225  a an “essentially built-out” development of regional impact is
  226  essentially built out, if means:
  227         a. The developers are in compliance with all applicable
  228  terms and conditions of the development order except the
  229  buildout date; and
  230         b.(I) The amount of development that remains to be built is
  231  less than the substantial deviation threshold specified in
  232  paragraph (19)(b) for each individual land use category, or, for
  233  a multiuse development, the sum total of all unbuilt land uses
  234  as a percentage of the applicable substantial deviation
  235  threshold is equal to or less than 100 percent; or
  236         (II) The state land planning agency and the local
  237  government have agreed in writing that the amount of development
  238  to be built does not create the likelihood of any additional
  239  regional impact not previously reviewed.
  240  
  241  The single-family residential portions of a development may be
  242  considered “essentially built out” if all of the workforce
  243  housing obligations and all of the infrastructure and horizontal
  244  development have been completed, at least 50 percent of the
  245  dwelling units have been completed, and more than 80 percent of
  246  the lots have been conveyed to third-party individual lot owners
  247  or to individual builders who own no more than 40 lots at the
  248  time of the determination. The mobile home park portions of a
  249  development may be considered “essentially built out” if all the
  250  infrastructure and horizontal development has been completed,
  251  and at least 50 percent of the lots are leased to individual
  252  mobile home owners. In order to accommodate changing market
  253  demands and achieve maximum land use efficiency in an
  254  essentially built out project, when a developer is building out
  255  a project, a local government, without the concurrence of the
  256  state land planning agency, may adopt a resolution authorizing
  257  the developer to exchange one approved land use for another
  258  approved land use specified in the agreement. Before issuance of
  259  a building permit pursuant to an exchange, the developer must
  260  demonstrate to the local government that the exchange ratio will
  261  not result in a net increase in impacts to public facilities and
  262  will meet all applicable requirements of the comprehensive plan
  263  and land development code.
  264         (19) SUBSTANTIAL DEVIATIONS.—
  265         (b) Any proposed change to a previously approved
  266  development of regional impact or development order condition
  267  which, either individually or cumulatively with other changes,
  268  exceeds any of the following criteria in subparagraphs 1.-11.
  269  constitutes shall constitute a substantial deviation and shall
  270  cause the development to be subject to further development-of
  271  regional-impact review through the notice of proposed change
  272  process under this subsection. without the necessity for a
  273  finding of same by the local government:
  274         1. An increase in the number of parking spaces at an
  275  attraction or recreational facility by 15 percent or 500 spaces,
  276  whichever is greater, or an increase in the number of spectators
  277  that may be accommodated at such a facility by 15 percent or
  278  1,500 spectators, whichever is greater.
  279         2. A new runway, a new terminal facility, a 25 percent
  280  lengthening of an existing runway, or a 25 percent increase in
  281  the number of gates of an existing terminal, but only if the
  282  increase adds at least three additional gates.
  283         3. An increase in land area for office development by 15
  284  percent or an increase of gross floor area of office development
  285  by 15 percent or 100,000 gross square feet, whichever is
  286  greater.
  287         4. An increase in the number of dwelling units by 10
  288  percent or 55 dwelling units, whichever is greater.
  289         5. An increase in the number of dwelling units by 50
  290  percent or 200 units, whichever is greater, provided that 15
  291  percent of the proposed additional dwelling units are dedicated
  292  to affordable workforce housing, subject to a recorded land use
  293  restriction that shall be for a period of not less than 20 years
  294  and that includes resale provisions to ensure long-term
  295  affordability for income-eligible homeowners and renters and
  296  provisions for the workforce housing to be commenced before
  297  prior to the completion of 50 percent of the market rate
  298  dwelling. For purposes of this subparagraph, the term
  299  “affordable workforce housing” means housing that is affordable
  300  to a person who earns less than 120 percent of the area median
  301  income, or less than 140 percent of the area median income if
  302  located in a county in which the median purchase price for a
  303  single-family existing home exceeds the statewide median
  304  purchase price of a single-family existing home. For purposes of
  305  this subparagraph, the term “statewide median purchase price of
  306  a single-family existing home” means the statewide purchase
  307  price as determined in the Florida Sales Report, Single-Family
  308  Existing Homes, released each January by the Florida Association
  309  of Realtors and the University of Florida Real Estate Research
  310  Center.
  311         6. An increase in commercial development by 60,000 square
  312  feet of gross floor area or of parking spaces provided for
  313  customers for 425 cars or a 10 percent increase, whichever is
  314  greater.
  315         7. An increase in a recreational vehicle park area by 10
  316  percent or 110 vehicle spaces, whichever is less.
  317         8. A decrease in the area set aside for open space of 5
  318  percent or 20 acres, whichever is less.
  319         9. A proposed increase to an approved multiuse development
  320  of regional impact where the sum of the increases of each land
  321  use as a percentage of the applicable substantial deviation
  322  criteria is equal to or exceeds 110 percent. The percentage of
  323  any decrease in the amount of open space shall be treated as an
  324  increase for purposes of determining when 110 percent has been
  325  reached or exceeded.
  326         10. A 15 percent increase in the number of external vehicle
  327  trips generated by the development above that which was
  328  projected during the original development-of-regional-impact
  329  review.
  330         11. Any change that would result in development of any area
  331  which was specifically set aside in the application for
  332  development approval or in the development order for
  333  preservation or special protection of endangered or threatened
  334  plants or animals designated as endangered, threatened, or
  335  species of special concern and their habitat, any species
  336  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
  337  archaeological and historical sites designated as significant by
  338  the Division of Historical Resources of the Department of State.
  339  The refinement of the boundaries and configuration of such areas
  340  shall be considered under sub-subparagraph (e)2.j.
  341  
  342  The substantial deviation numerical standards in subparagraphs
  343  3., 6., and 9., excluding residential uses, and in subparagraph
  344  10., are increased by 100 percent for a project certified under
  345  s. 403.973 which creates jobs and meets criteria established by
  346  the Department of Economic Opportunity as to its impact on an
  347  area’s economy, employment, and prevailing wage and skill
  348  levels. The substantial deviation numerical standards in
  349  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
  350  percent for a project located wholly within an urban infill and
  351  redevelopment area designated on the applicable adopted local
  352  comprehensive plan future land use map and not located within
  353  the coastal high hazard area.
  354         (e)1. Except for a development order rendered pursuant to
  355  subsection (22) or subsection (25), a proposed change to a
  356  development order which individually or cumulatively with any
  357  previous change is less than any numerical criterion contained
  358  in subparagraphs (b)1.-10. and does not exceed any other
  359  criterion, or which involves an extension of the buildout date
  360  of a development, or any phase thereof, of less than 5 years is
  361  not subject to the public hearing requirements of subparagraph
  362  (f)3., and is not subject to a determination pursuant to
  363  subparagraph (f)5. Notice of the proposed change shall be made
  364  to the regional planning council and the state land planning
  365  agency. Such notice must include a description of previous
  366  individual changes made to the development, including changes
  367  previously approved by the local government, and must include
  368  appropriate amendments to the development order.
  369         2. The following changes, individually or cumulatively with
  370  any previous changes, are not substantial deviations:
  371         a. Changes in the name of the project, developer, owner, or
  372  monitoring official.
  373         b. Changes to a setback which do not affect noise buffers,
  374  environmental protection or mitigation areas, or archaeological
  375  or historical resources.
  376         c. Changes to minimum lot sizes.
  377         d. Changes in the configuration of internal roads which do
  378  not affect external access points.
  379         e. Changes to the building design or orientation which stay
  380  approximately within the approved area designated for such
  381  building and parking lot, and which do not affect historical
  382  buildings designated as significant by the Division of
  383  Historical Resources of the Department of State.
  384         f. Changes to increase the acreage in the development, if
  385  no development is proposed on the acreage to be added.
  386         g. Changes to eliminate an approved land use, if there are
  387  no additional regional impacts.
  388         h. Changes required to conform to permits approved by any
  389  federal, state, or regional permitting agency, if these changes
  390  do not create additional regional impacts.
  391         i. Any renovation or redevelopment of development within a
  392  previously approved development of regional impact which does
  393  not change land use or increase density or intensity of use.
  394         j. Changes that modify boundaries and configuration of
  395  areas described in subparagraph (b)11. due to science-based
  396  refinement of such areas by survey, by habitat evaluation, by
  397  other recognized assessment methodology, or by an environmental
  398  assessment. In order for changes to qualify under this sub
  399  subparagraph, the survey, habitat evaluation, or assessment must
  400  occur before the time that a conservation easement protecting
  401  such lands is recorded and must not result in any net decrease
  402  in the total acreage of the lands specifically set aside for
  403  permanent preservation in the final development order.
  404         k. Changes that do not increase the number of external peak
  405  hour trips and do not reduce open space and conserved areas
  406  within the project except as otherwise permitted by sub
  407  subparagraph j.
  408         l. A phase date extension, if the state land planning
  409  agency, in consultation with the regional planning council and
  410  subject to the written concurrence of the Department of
  411  Transportation, agrees that the traffic impact is not
  412  significant and adverse under applicable state agency rules.
  413         m.l. Any other change that the state land planning agency,
  414  in consultation with the regional planning council, agrees in
  415  writing is similar in nature, impact, or character to the
  416  changes enumerated in sub-subparagraphs a.-l. a.-k. and that
  417  does not create the likelihood of any additional regional
  418  impact.
  419  
  420  This subsection does not require the filing of a notice of
  421  proposed change but requires an application to the local
  422  government to amend the development order in accordance with the
  423  local government’s procedures for amendment of a development
  424  order. In accordance with the local government’s procedures,
  425  including requirements for notice to the applicant and the
  426  public, the local government shall either deny the application
  427  for amendment or adopt an amendment to the development order
  428  which approves the application with or without conditions.
  429  Following adoption, the local government shall render to the
  430  state land planning agency the amendment to the development
  431  order. The state land planning agency may appeal, pursuant to s.
  432  380.07(3), the amendment to the development order if the
  433  amendment involves sub-subparagraph g., sub-subparagraph h.,
  434  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
  435  l. and if the agency believes that the change creates a
  436  reasonable likelihood of new or additional regional impacts.
  437         3. Except for the change authorized by sub-subparagraph
  438  2.f., any addition of land not previously reviewed or any change
  439  not specified in paragraph (b) or paragraph (c) shall be
  440  presumed to create a substantial deviation. This presumption may
  441  be rebutted by clear and convincing evidence.
  442         4. Any submittal of a proposed change to a previously
  443  approved development must include a description of individual
  444  changes previously made to the development, including changes
  445  previously approved by the local government. The local
  446  government shall consider the previous and current proposed
  447  changes in deciding whether such changes cumulatively constitute
  448  a substantial deviation requiring further development-of
  449  regional-impact review.
  450         5. The following changes to an approved development of
  451  regional impact shall be presumed to create a substantial
  452  deviation. Such presumption may be rebutted by clear and
  453  convincing evidence:.
  454         a. A change proposed for 15 percent or more of the acreage
  455  to a land use not previously approved in the development order.
  456  Changes of less than 15 percent shall be presumed not to create
  457  a substantial deviation.
  458         b. Notwithstanding any provision of paragraph (b) to the
  459  contrary, a proposed change consisting of simultaneous increases
  460  and decreases of at least two of the uses within an authorized
  461  multiuse development of regional impact which was originally
  462  approved with three or more uses specified in s. 380.0651(3)(c)
  463  and (d) and residential use.
  464         6. If a local government agrees to a proposed change, a
  465  change in the transportation proportionate share calculation and
  466  mitigation plan in an adopted development order as a result of
  467  recalculation of the proportionate share contribution meeting
  468  the requirements of s. 163.3180(5)(h) in effect as of the date
  469  of such change shall be presumed not to create a substantial
  470  deviation. For purposes of this subsection, the proposed change
  471  in the proportionate share calculation or mitigation plan may
  472  not be considered an additional regional transportation impact.
  473         (30) NEW PROPOSED DEVELOPMENTS.—A new proposed development
  474  otherwise subject to the review requirements of this section
  475  shall be approved by a local government pursuant to s.
  476  163.3184(4) in lieu of proceeding in accordance with this
  477  section. However, if the proposed development is consistent with
  478  the comprehensive plan as provided in s. 163.3194(3)(b), the
  479  development is not required to undergo review pursuant to s.
  480  163.3184(4) or this section. This subsection does not apply to
  481  amendments to a development order governing an existing
  482  development of regional impact.
  483         Section 6. Paragraph (c) of subsection (4) of section
  484  380.0651, Florida Statutes, is amended to read:
  485         380.0651 Statewide guidelines and standards.—
  486         (4) Two or more developments, represented by their owners
  487  or developers to be separate developments, shall be aggregated
  488  and treated as a single development under this chapter when they
  489  are determined to be part of a unified plan of development and
  490  are physically proximate to one other.
  491         (c) Aggregation is not applicable when the following
  492  circumstances and provisions of this chapter apply are
  493  applicable:
  494         1. Developments that which are otherwise subject to
  495  aggregation with a development of regional impact which has
  496  received approval through the issuance of a final development
  497  order may shall not be aggregated with the approved development
  498  of regional impact. However, nothing contained in this
  499  subparagraph does not shall preclude the state land planning
  500  agency from evaluating an allegedly separate development as a
  501  substantial deviation pursuant to s. 380.06(19) or as an
  502  independent development of regional impact.
  503         2. Two or more developments, each of which is independently
  504  a development of regional impact that has or will obtain a
  505  development order pursuant to s. 380.06.
  506         3. Completion of any development that has been vested
  507  pursuant to s. 380.05 or s. 380.06, including vested rights
  508  arising out of agreements entered into with the state land
  509  planning agency for purposes of resolving vested rights issues.
  510  Development-of-regional-impact review of additions to vested
  511  developments of regional impact shall not include review of the
  512  impacts resulting from the vested portions of the development.
  513         4. The developments sought to be aggregated were authorized
  514  to commence development before prior to September 1, 1988, and
  515  could not have been required to be aggregated under the law
  516  existing before prior to that date.
  517         5. Any development that qualifies for an exemption under s.
  518  380.06(29).
  519         6. Newly acquired lands intended for development in
  520  coordination with developed and existing development of regional
  521  impact are not subject to aggregation if such newly acquired
  522  lands comprise an area equal to, or less than, 10 percent of the
  523  total acreage subject to an existing development-of-regional
  524  impact development order.
  525         Section 7. Subsection (1) of section 380.115, Florida
  526  Statutes, is amended to read:
  527         380.115 Vested rights and duties; effect of size reduction,
  528  changes in guidelines and standards.—
  529         (1) A change in a development-of-regional-impact guideline
  530  and standard does not abridge or modify any vested or other
  531  right or any duty or obligation pursuant to any development
  532  order or agreement that is applicable to a development of
  533  regional impact. A development that has received a development
  534  of-regional-impact development order pursuant to s. 380.06, but
  535  is no longer required to undergo development-of-regional-impact
  536  review by operation of a change in the guidelines and standards,
  537  a development that or has reduced its size below the thresholds
  538  specified in s. 380.0651, or a development that is exempt
  539  pursuant to s. 380.06(24) or (29), or a development that elects
  540  to rescind the development order are shall be governed by the
  541  following procedures:
  542         (a) The development shall continue to be governed by the
  543  development-of-regional-impact development order and may be
  544  completed in reliance upon and pursuant to the development order
  545  unless the developer or landowner has followed the procedures
  546  for rescission in paragraph (b). Any proposed changes to those
  547  developments which continue to be governed by a development
  548  order must shall be approved pursuant to s. 380.06(19) as it
  549  existed before a change in the development-of-regional-impact
  550  guidelines and standards, except that all percentage criteria
  551  are shall be doubled and all other criteria are shall be
  552  increased by 10 percent. The development-of-regional-impact
  553  development order may be enforced by the local government as
  554  provided in by ss. 380.06(17) and 380.11.
  555         (b) If requested by the developer or landowner, the
  556  development-of-regional-impact development order shall be
  557  rescinded by the local government having jurisdiction upon a
  558  showing that all required mitigation related to the amount of
  559  development that existed on the date of rescission has been
  560  completed or will be completed under an existing permit or
  561  equivalent authorization issued by a governmental agency as
  562  defined in s. 380.031(6), if provided such permit or
  563  authorization is subject to enforcement through administrative
  564  or judicial remedies.
  565         Section 8. This act shall take effect July 1, 2016.
  566