Florida Senate - 2018                      CS for CS for SB 1244
       
       
        
       By the Committees on Appropriations; and Community Affairs; and
       Senator Lee
       
       
       
       
       576-03808-18                                          20181244c2
    1                        A bill to be entitled                      
    2         An act relating to growth management; amending s.
    3         165.0615, F.S.; adding a minimum population standard
    4         as a criteria that must be met before qualified
    5         electors of an independent special district commence a
    6         certain municipal conversion proceeding; amending s.
    7         380.06, F.S.; revising the statewide guidelines and
    8         standards for developments of regional impact;
    9         deleting criteria that the Administration Commission
   10         is required to consider in adopting its guidelines and
   11         standards; revising provisions relating to the
   12         application of guidelines and standards; revising
   13         provisions relating to variations and thresholds for
   14         such guidelines and standards; deleting provisions
   15         relating to the issuance of binding letters;
   16         specifying that previously issued letters remain valid
   17         unless previously expired; specifying the procedure
   18         for amending a binding letter of interpretation;
   19         specifying that previously issued clearance letters
   20         remain valid unless previously expired; deleting
   21         provisions relating to authorizations to develop,
   22         applications for approval of development, concurrent
   23         plan amendments, preapplication procedures,
   24         preliminary development agreements, conceptual agency
   25         review, application sufficiency, local notice,
   26         regional reports, and criteria for the approval of
   27         developments inside and outside areas of critical
   28         state concern; revising provisions relating to local
   29         government development orders; specifying that
   30         amendments to a development order for an approved
   31         development may not amend to an earlier date the date
   32         before when a development would be subject to
   33         downzoning, unit density reduction, or intensity
   34         reduction, except under certain conditions; removing a
   35         requirement that certain conditions of a development
   36         order meet specified criteria; specifying that
   37         construction of certain mitigation-of-impact
   38         facilities is not subject to competitive bidding or
   39         competitive negotiation for selection of a contractor
   40         or design professional; removing requirements relating
   41         to local government approval of developments of
   42         regional impact that do not meet certain requirements;
   43         removing a requirement that the Department of Economic
   44         Opportunity and other agencies cooperate in preparing
   45         certain ordinances; authorizing developers to record
   46         notice of certain rescinded development orders;
   47         specifying that certain agreements regarding
   48         developments that are essentially built out remain
   49         valid unless previously expired; deleting requirements
   50         for a local government to issue a permit for a
   51         development subsequent to the buildout date contained
   52         in the development order; specifying that amendments
   53         to development orders do not diminish or otherwise
   54         alter certain credits for a development order exaction
   55         or fee against impact fees, mobility fees, or
   56         exactions; deleting a provision relating to the
   57         determination of certain credits for impact fees or
   58         extractions; deleting a provision exempting a
   59         nongovernmental developer from being required to
   60         competitively bid or negotiate construction or design
   61         of certain facilities except under certain
   62         circumstances; specifying that certain capital
   63         contribution front-ending agreements remain valid
   64         unless previously expired; deleting a provision
   65         relating to local monitoring; revising requirements
   66         for developers regarding reporting to local
   67         governments and specifying that such reports are not
   68         required unless required by a local government with
   69         jurisdiction over a development; revising the
   70         requirements and procedure for proposed changes to a
   71         previously approved development of regional impact and
   72         deleting rulemaking requirements relating to such
   73         procedure; revising provisions relating to the
   74         approval of such changes; specifying that certain
   75         extensions previously granted by statute are still
   76         valid and not subject to review or modification;
   77         deleting provisions relating to determinations as to
   78         whether a proposed change is a substantial deviation;
   79         deleting provisions relating to comprehensive
   80         development-of-regional-impact applications and master
   81         plan development orders; specifying that certain
   82         agreements that include two or more developments of
   83         regional impact which were the subject of a
   84         comprehensive development-of-regional-impact
   85         application remain valid unless previously expired;
   86         deleting provisions relating to downtown development
   87         authorities; deleting provisions relating to adoption
   88         of rules by the state land planning agency; deleting
   89         statutory exemptions from development-of-regional
   90         impact review; specifying that an approval of an
   91         authorized developer for an areawide development of
   92         regional impact remains valid unless previously
   93         expired; deleting provisions relating to areawide
   94         developments of regional impact; deleting an
   95         authorization for the state land planning agency to
   96         adopt rules relating to abandonment of developments of
   97         regional impact; requiring local governments to file a
   98         notice of abandonment under certain conditions;
   99         deleting an authorization for the state land planning
  100         agency to adopt a procedure for filing such notice;
  101         requiring a development-of-regional-impact development
  102         order to be abandoned by a local government under
  103         certain conditions; deleting a provision relating to
  104         abandonment of developments of regional impact in
  105         certain high-hazard coastal areas; authorizing local
  106         governments to approve abandonment of development
  107         orders for an approved development under certain
  108         conditions; deleting a provision relating to rights,
  109         responsibilities, and obligations under a development
  110         order; deleting partial exemptions from development
  111         of-regional-impact review; deleting exemptions for
  112         dense urban land areas; specifying that proposed
  113         developments that exceed the statewide guidelines and
  114         standards and that are not otherwise exempt be
  115         approved by local governments instead of through
  116         specified development-of-regional-impact proceedings;
  117         providing an exception; amending s. 380.061, F.S.;
  118         specifying that the Florida Quality Developments
  119         program only applies to previously approved
  120         developments in the program before the effective date
  121         of the act; specifying a process for local governments
  122         to adopt a local development order to replace and
  123         supersede the development order adopted by the state
  124         land planning agency for the Florida Quality
  125         Developments; deleting program intent, eligibility
  126         requirements, rulemaking authorizations, and
  127         application and approval requirements and processes;
  128         deleting an appeals process and the Quality
  129         Developments Review Board; amending s. 380.0651, F.S.;
  130         deleting provisions relating to the superseding of
  131         guidelines and standards adopted by the Administration
  132         Commission and the publishing of guidelines and
  133         standards by the Administration Commission; conforming
  134         a provision to changes made by the act; specifying
  135         exemptions and partial exemptions from development-of
  136         regional-impact review; deleting provisions relating
  137         to determining whether there is a unified plan of
  138         development; deleting provisions relating to the
  139         circumstances where developments should be aggregated;
  140         deleting a provision relating to prospective
  141         application of certain provisions; deleting a
  142         provision authorizing state land planning agencies to
  143         enter into agreements for the joint planning, sharing,
  144         or use of specified public infrastructure, facilities,
  145         or services by developers; deleting an authorization
  146         for the state land planning agency to adopt rules;
  147         amending s. 380.07, F.S.; deleting an authorization
  148         for the Florida Land and Water Adjudicatory Commission
  149         to adopt rules regarding the requirements for
  150         developments of regional impact; revising when a local
  151         government must transmit a development order to the
  152         state land planning agency, the regional planning
  153         agency, and the owner or developer of the property
  154         affected by such order; deleting a process for
  155         regional planning agencies to undertake appeals of
  156         development-of-regional-impact development orders;
  157         revising a process for appealing development orders
  158         for consistency with a local comprehensive plan to be
  159         available only for developments in areas of critical
  160         state concern; deleting a procedure regarding certain
  161         challenges to development orders relating to
  162         developments of regional impact; amending s. 380.115,
  163         F.S.; deleting a provision relating to changes in
  164         development-of-regional-impact guidelines and
  165         standards and the impact of such changes on vested
  166         rights, duties, and obligations pursuant to any
  167         development order or agreement; requiring local
  168         governments to monitor and enforce development orders
  169         and prohibiting local governments from issuing
  170         permits, approvals, or extensions of services if a
  171         developer does not act in substantial compliance with
  172         an order; deleting provisions relating to changes in
  173         development of regional impact guidelines and
  174         standards and their impact on the development approval
  175         process; amending s. 125.68, F.S.; conforming a cross
  176         reference; amending s. 163.3245, F.S.; conforming
  177         cross-references; conforming provisions to changes
  178         made by the act; revising the circumstances in which
  179         applicants who apply for master development approval
  180         for an entire planning area must remain subject to a
  181         master development order; specifying an exception;
  182         deleting a provision relating to the level of review
  183         for applications for master development approval;
  184         amending s. 163.3246, F.S.; conforming provisions to
  185         changes made by the act; conforming cross-references;
  186         amending s. 189.08, F.S.; conforming a cross
  187         reference; conforming a provision to changes made by
  188         the act; amending s. 190.005, F.S.; conforming cross
  189         references; amending ss. 190.012 and 252.363, F.S.;
  190         conforming cross-references; amending s. 369.303,
  191         F.S.; conforming a provision to changes made by the
  192         act; amending ss. 369.307, 373.236, and 373.414, F.S.;
  193         conforming cross-references; amending s. 378.601,
  194         F.S.; conforming a provision to changes made by the
  195         act; repealing s. 380.065, F.S., relating to a process
  196         to allow local governments to request certification to
  197         review developments of regional impact that are
  198         located within their jurisdictions in lieu of the
  199         regional review requirements; amending ss. 380.11 and
  200         403.524, F.S.; conforming cross-references; repealing
  201         specified rules regarding uniform review of
  202         developments of regional impact by the state land
  203         planning agency and regional planning agencies;
  204         repealing the rules adopted by the Administration
  205         Commission regarding whether two or more developments,
  206         represented by their owners or developers to be
  207         separate developments, shall be aggregated; providing
  208         a directive to the Division of Law Revision and
  209         Information; providing an effective date.
  210          
  211  Be It Enacted by the Legislature of the State of Florida:
  212  
  213         Section 1. Subsection (1) of section 165.0615, Florida
  214  Statutes, is amended to read:
  215         165.0615 Municipal conversion of independent special
  216  districts upon elector-initiated and approved referendum.—
  217         (1) The qualified electors of an independent special
  218  district may commence a municipal conversion proceeding by
  219  filing a petition with the governing body of the independent
  220  special district proposed to be converted if the district meets
  221  all of the following criteria:
  222         (a) It was created by special act of the Legislature.
  223         (b) It is designated as an improvement district and created
  224  pursuant to chapter 298 or is designated as a stewardship
  225  district and created pursuant to s. 189.031.
  226         (c) Its governing board is elected.
  227         (d) Its governing board agrees to the conversion.
  228         (e) It provides at least four of the following municipal
  229  services: water, sewer, solid waste, drainage, roads,
  230  transportation, public works, fire and rescue, street lighting,
  231  parks and recreation, or library or cultural facilities.
  232         (f) No portion of the district is located within the
  233  jurisdictional limits of a municipality.
  234         (g) It meets the minimum population standards specified in
  235  s. 165.061(1)(b).
  236         Section 2. Section 380.06, Florida Statutes, is amended to
  237  read:
  238         380.06 Developments of regional impact.—
  239         (1) DEFINITION.—The term “development of regional impact,”
  240  as used in this section, means any development that which,
  241  because of its character, magnitude, or location, would have a
  242  substantial effect upon the health, safety, or welfare of
  243  citizens of more than one county.
  244         (2) STATEWIDE GUIDELINES AND STANDARDS.—
  245         (a) The statewide guidelines and standards and the
  246  exemptions specified in s. 380.0651 and the statewide guidelines
  247  and standards adopted by the Administration Commission and
  248  codified in chapter 28-24, Florida Administrative Code, must be
  249  state land planning agency shall recommend to the Administration
  250  Commission specific statewide guidelines and standards for
  251  adoption pursuant to this subsection. The Administration
  252  Commission shall by rule adopt statewide guidelines and
  253  standards to be used in determining whether particular
  254  developments are subject to the requirements of subsection (12)
  255  shall undergo development-of-regional-impact review. The
  256  statewide guidelines and standards previously adopted by the
  257  Administration Commission and approved by the Legislature shall
  258  remain in effect unless revised pursuant to this section or
  259  superseded or repealed by statute by other provisions of law.
  260         (b) In adopting its guidelines and standards, the
  261  Administration Commission shall consider and shall be guided by:
  262         1. The extent to which the development would create or
  263  alleviate environmental problems such as air or water pollution
  264  or noise.
  265         2. The amount of pedestrian or vehicular traffic likely to
  266  be generated.
  267         3. The number of persons likely to be residents, employees,
  268  or otherwise present.
  269         4. The size of the site to be occupied.
  270         5. The likelihood that additional or subsidiary development
  271  will be generated.
  272         6. The extent to which the development would create an
  273  additional demand for, or additional use of, energy, including
  274  the energy requirements of subsidiary developments.
  275         7. The unique qualities of particular areas of the state.
  276         (c) With regard to the changes in the guidelines and
  277  standards authorized pursuant to this act, in determining
  278  whether a proposed development must comply with the review
  279  requirements of this section, the state land planning agency
  280  shall apply the guidelines and standards which were in effect
  281  when the developer received authorization to commence
  282  development from the local government. If a developer has not
  283  received authorization to commence development from the local
  284  government prior to the effective date of new or amended
  285  guidelines and standards, the new or amended guidelines and
  286  standards shall apply.
  287         (d) The statewide guidelines and standards shall be applied
  288  as follows:
  289         (a)1. Fixed thresholds.—
  290         a. A development that is below 100 percent of all numerical
  291  thresholds in the statewide guidelines and standards is not
  292  subject to subsection (12) is not required to undergo
  293  development-of-regional-impact review.
  294         (b)b. A development that is at or above 100 120 percent of
  295  any numerical threshold in the statewide guidelines and
  296  standards is subject to subsection (12) shall be required to
  297  undergo development-of-regional-impact review.
  298         c. Projects certified under s. 403.973 which create at
  299  least 100 jobs and meet the criteria of the Department of
  300  Economic Opportunity as to their impact on an area’s economy,
  301  employment, and prevailing wage and skill levels that are at or
  302  below 100 percent of the numerical thresholds for industrial
  303  plants, industrial parks, distribution, warehousing or
  304  wholesaling facilities, office development or multiuse projects
  305  other than residential, as described in s. 380.0651(3)(c) and
  306  (f) are not required to undergo development-of-regional-impact
  307  review.
  308         2. Rebuttable presumption.—It shall be presumed that a
  309  development that is at 100 percent or between 100 and 120
  310  percent of a numerical threshold shall be required to undergo
  311  development-of-regional-impact review.
  312         (e) With respect to residential, hotel, motel, office, and
  313  retail developments, the applicable guidelines and standards
  314  shall be increased by 50 percent in urban central business
  315  districts and regional activity centers of jurisdictions whose
  316  local comprehensive plans are in compliance with part II of
  317  chapter 163. With respect to multiuse developments, the
  318  applicable individual use guidelines and standards for
  319  residential, hotel, motel, office, and retail developments and
  320  multiuse guidelines and standards shall be increased by 100
  321  percent in urban central business districts and regional
  322  activity centers of jurisdictions whose local comprehensive
  323  plans are in compliance with part II of chapter 163, if one land
  324  use of the multiuse development is residential and amounts to
  325  not less than 35 percent of the jurisdiction’s applicable
  326  residential threshold. With respect to resort or convention
  327  hotel developments, the applicable guidelines and standards
  328  shall be increased by 150 percent in urban central business
  329  districts and regional activity centers of jurisdictions whose
  330  local comprehensive plans are in compliance with part II of
  331  chapter 163 and where the increase is specifically for a
  332  proposed resort or convention hotel located in a county with a
  333  population greater than 500,000 and the local government
  334  specifically designates that the proposed resort or convention
  335  hotel development will serve an existing convention center of
  336  more than 250,000 gross square feet built before July 1, 1992.
  337  The applicable guidelines and standards shall be increased by
  338  150 percent for development in any area designated by the
  339  Governor as a rural area of opportunity pursuant to s. 288.0656
  340  during the effectiveness of the designation.
  341         (3) VARIATION OF THRESHOLDS IN STATEWIDE GUIDELINES AND
  342  STANDARDS.—The state land planning agency, a regional planning
  343  agency, or a local government may petition the Administration
  344  Commission to increase or decrease the numerical thresholds of
  345  any statewide guideline and standard. The state land planning
  346  agency or the regional planning agency may petition for an
  347  increase or decrease for a particular local government’s
  348  jurisdiction or a part of a particular jurisdiction. A local
  349  government may petition for an increase or decrease within its
  350  jurisdiction or a part of its jurisdiction. A number of requests
  351  may be combined in a single petition.
  352         (a) When a petition is filed, the state land planning
  353  agency shall have no more than 180 days to prepare and submit to
  354  the Administration Commission a report and recommendations on
  355  the proposed variation. The report shall evaluate, and the
  356  Administration Commission shall consider, the following
  357  criteria:
  358         1. Whether the local government has adopted and effectively
  359  implemented a comprehensive plan that reflects and implements
  360  the goals and objectives of an adopted state comprehensive plan.
  361         2. Any applicable policies in an adopted strategic regional
  362  policy plan.
  363         3. Whether the local government has adopted and effectively
  364  implemented both a comprehensive set of land development
  365  regulations, which regulations shall include a planned unit
  366  development ordinance, and a capital improvements plan that are
  367  consistent with the local government comprehensive plan.
  368         4. Whether the local government has adopted and effectively
  369  implemented the authority and the fiscal mechanisms for
  370  requiring developers to meet development order conditions.
  371         5. Whether the local government has adopted and effectively
  372  implemented and enforced satisfactory development review
  373  procedures.
  374         (b) The affected regional planning agency, adjoining local
  375  governments, and the local government shall be given a
  376  reasonable opportunity to submit recommendations to the
  377  Administration Commission regarding any such proposed
  378  variations.
  379         (c) The Administration Commission shall have authority to
  380  increase or decrease a threshold in the statewide guidelines and
  381  standards up to 50 percent above or below the statewide
  382  presumptive threshold. The commission may from time to time
  383  reconsider changed thresholds and make additional variations as
  384  it deems necessary.
  385         (d) The Administration Commission shall adopt rules setting
  386  forth the procedures for submission and review of petitions
  387  filed pursuant to this subsection.
  388         (e) Variations to guidelines and standards adopted by the
  389  Administration Commission under this subsection shall be
  390  transmitted on or before March 1 to the President of the Senate
  391  and the Speaker of the House of Representatives for presentation
  392  at the next regular session of the Legislature. Unless approved
  393  as submitted by general law, the revisions shall not become
  394  effective.
  395         (3)(4) BINDING LETTER.—
  396         (a) Any binding letter previously issued to a developer by
  397  the state land planning agency as to If any developer is in
  398  doubt whether his or her proposed development must undergo
  399  development-of-regional-impact review under the guidelines and
  400  standards, whether his or her rights have vested pursuant to
  401  subsection (8) (20), or whether a proposed substantial change to
  402  a development of regional impact concerning which rights had
  403  previously vested pursuant to subsection (8) (20) would divest
  404  such rights, remains valid unless it expired on or before the
  405  effective date of this act the developer may request a
  406  determination from the state land planning agency. The developer
  407  or the appropriate local government having jurisdiction may
  408  request that the state land planning agency determine whether
  409  the amount of development that remains to be built in an
  410  approved development of regional impact meets the criteria of
  411  subparagraph (15)(g)3.
  412         (b) Upon a request by the developer, a binding letter of
  413  interpretation regarding which rights had previously vested in a
  414  development of regional impact may be amended by the local
  415  government of jurisdiction, based on standards and procedures in
  416  the adopted local comprehensive plan or the adopted local land
  417  development code, to reflect a change to the plan of development
  418  and modification of vested rights, provided that any such
  419  amendment to a binding letter of vested rights must be
  420  consistent with s. 163.3167(5). Review of a request for an
  421  amendment to a binding letter of vested rights may not include a
  422  review of the impacts created by previously vested portions of
  423  the development Unless a developer waives the requirements of
  424  this paragraph by agreeing to undergo development-of-regional
  425  impact review pursuant to this section, the state land planning
  426  agency or local government with jurisdiction over the land on
  427  which a development is proposed may require a developer to
  428  obtain a binding letter if the development is at a presumptive
  429  numerical threshold or up to 20 percent above a numerical
  430  threshold in the guidelines and standards.
  431         (c) Any local government may petition the state land
  432  planning agency to require a developer of a development located
  433  in an adjacent jurisdiction to obtain a binding letter of
  434  interpretation. The petition shall contain facts to support a
  435  finding that the development as proposed is a development of
  436  regional impact. This paragraph shall not be construed to grant
  437  standing to the petitioning local government to initiate an
  438  administrative or judicial proceeding pursuant to this chapter.
  439         (d) A request for a binding letter of interpretation shall
  440  be in writing and in such form and content as prescribed by the
  441  state land planning agency. Within 15 days of receiving an
  442  application for a binding letter of interpretation or a
  443  supplement to a pending application, the state land planning
  444  agency shall determine and notify the applicant whether the
  445  information in the application is sufficient to enable the
  446  agency to issue a binding letter or shall request any additional
  447  information needed. The applicant shall either provide the
  448  additional information requested or shall notify the state land
  449  planning agency in writing that the information will not be
  450  supplied and the reasons therefor. If the applicant does not
  451  respond to the request for additional information within 120
  452  days, the application for a binding letter of interpretation
  453  shall be deemed to be withdrawn. Within 35 days after
  454  acknowledging receipt of a sufficient application, or of
  455  receiving notification that the information will not be
  456  supplied, the state land planning agency shall issue a binding
  457  letter of interpretation with respect to the proposed
  458  development. A binding letter of interpretation issued by the
  459  state land planning agency shall bind all state, regional, and
  460  local agencies, as well as the developer.
  461         (e) In determining whether a proposed substantial change to
  462  a development of regional impact concerning which rights had
  463  previously vested pursuant to subsection (20) would divest such
  464  rights, the state land planning agency shall review the proposed
  465  change within the context of:
  466         1. Criteria specified in paragraph (19)(b);
  467         2. Its conformance with any adopted state comprehensive
  468  plan and any rules of the state land planning agency;
  469         3. All rights and obligations arising out of the vested
  470  status of such development;
  471         4. Permit conditions or requirements imposed by the
  472  Department of Environmental Protection or any water management
  473  district created by s. 373.069 or any of their successor
  474  agencies or by any appropriate federal regulatory agency; and
  475         5. Any regional impacts arising from the proposed change.
  476         (f) If a proposed substantial change to a development of
  477  regional impact concerning which rights had previously vested
  478  pursuant to subsection (20) would result in reduced regional
  479  impacts, the change shall not divest rights to complete the
  480  development pursuant to subsection (20). Furthermore, where all
  481  or a portion of the development of regional impact for which
  482  rights had previously vested pursuant to subsection (20) is
  483  demolished and reconstructed within the same approximate
  484  footprint of buildings and parking lots, so that any change in
  485  the size of the development does not exceed the criteria of
  486  paragraph (19)(b), such demolition and reconstruction shall not
  487  divest the rights which had vested.
  488         (c)(g) Every binding letter determining that a proposed
  489  development is not a development of regional impact, but not
  490  including binding letters of vested rights or of modification of
  491  vested rights, shall expire and become void unless the plan of
  492  development has been substantially commenced within:
  493         1. Three years from October 1, 1985, for binding letters
  494  issued prior to the effective date of this act; or
  495         2. Three years from the date of issuance of binding letters
  496  issued on or after October 1, 1985.
  497         (d)(h) The expiration date of a binding letter begins,
  498  established pursuant to paragraph (g), shall begin to run after
  499  final disposition of all administrative and judicial appeals of
  500  the binding letter and may be extended by mutual agreement of
  501  the state land planning agency, the local government of
  502  jurisdiction, and the developer.
  503         (e)(i)In response to an inquiry from a developer or the
  504  appropriate local government having jurisdiction, the state land
  505  planning agency may issue An informal determination by the state
  506  land planning agency, in the form of a clearance letter as to
  507  whether a development is required to undergo development-of
  508  regional-impact review or whether the amount of development that
  509  remains to be built in an approved development of regional
  510  impact, remains valid unless it expired on or before the
  511  effective date of this act meets the criteria of subparagraph
  512  (15)(g)3. A clearance letter may be based solely on the
  513  information provided by the developer, and the state land
  514  planning agency is not required to conduct an investigation of
  515  that information. If any material information provided by the
  516  developer is incomplete or inaccurate, the clearance letter is
  517  not binding upon the state land planning agency. A clearance
  518  letter does not constitute final agency action.
  519         (5) AUTHORIZATION TO DEVELOP.—
  520         (a)1. A developer who is required to undergo development
  521  of-regional-impact review may undertake a development of
  522  regional impact if the development has been approved under the
  523  requirements of this section.
  524         2. If the land on which the development is proposed is
  525  within an area of critical state concern, the development must
  526  also be approved under the requirements of s. 380.05.
  527         (b) State or regional agencies may inquire whether a
  528  proposed project is undergoing or will be required to undergo
  529  development-of-regional-impact review. If a project is
  530  undergoing or will be required to undergo development-of
  531  regional-impact review, any state or regional permit necessary
  532  for the construction or operation of the project that is valid
  533  for 5 years or less shall take effect, and the period of time
  534  for which the permit is valid shall begin to run, upon
  535  expiration of the time allowed for an administrative appeal of
  536  the development or upon final action following an administrative
  537  appeal or judicial review, whichever is later. However, if the
  538  application for development approval is not filed within 18
  539  months after the issuance of the permit, the time of validity of
  540  the permit shall be considered to be from the date of issuance
  541  of the permit. If a project is required to obtain a binding
  542  letter under subsection (4), any state or regional agency permit
  543  necessary for the construction or operation of the project that
  544  is valid for 5 years or less shall take effect, and the period
  545  of time for which the permit is valid shall begin to run, only
  546  after the developer obtains a binding letter stating that the
  547  project is not required to undergo development-of-regional
  548  impact review or after the developer obtains a development order
  549  pursuant to this section.
  550         (c) Prior to the issuance of a final development order, the
  551  developer may elect to be bound by the rules adopted pursuant to
  552  chapters 373 and 403 in effect when such development order is
  553  issued. The rules adopted pursuant to chapters 373 and 403 in
  554  effect at the time such development order is issued shall be
  555  applicable to all applications for permits pursuant to those
  556  chapters and which are necessary for and consistent with the
  557  development authorized in such development order, except that a
  558  later adopted rule shall be applicable to an application if:
  559         1. The later adopted rule is determined by the rule
  560  adopting agency to be essential to the public health, safety, or
  561  welfare;
  562         2. The later adopted rule is adopted pursuant to s.
  563  403.061(27);
  564         3. The later adopted rule is being adopted pursuant to a
  565  subsequently enacted statutorily mandated program;
  566         4. The later adopted rule is mandated in order for the
  567  state to maintain delegation of a federal program; or
  568         5. The later adopted rule is required by state or federal
  569  law.
  570         (d) The provision of day care service facilities in
  571  developments approved pursuant to this section is permissible
  572  but is not required.
  573  
  574  Further, in order for any developer to apply for permits
  575  pursuant to this provision, the application must be filed within
  576  5 years from the issuance of the final development order and the
  577  permit shall not be effective for more than 8 years from the
  578  issuance of the final development order. Nothing in this
  579  paragraph shall be construed to alter or change any permitting
  580  agency’s authority to approve permits or to determine applicable
  581  criteria for longer periods of time.
  582         (6) APPLICATION FOR APPROVAL OF DEVELOPMENT; CONCURRENT
  583  PLAN AMENDMENTS.—
  584         (a) Prior to undertaking any development, a developer that
  585  is required to undergo development-of-regional-impact review
  586  shall file an application for development approval with the
  587  appropriate local government having jurisdiction. The
  588  application shall contain, in addition to such other matters as
  589  may be required, a statement that the developer proposes to
  590  undertake a development of regional impact as required under
  591  this section.
  592         (b) Any local government comprehensive plan amendments
  593  related to a proposed development of regional impact, including
  594  any changes proposed under subsection (19), may be initiated by
  595  a local planning agency or the developer and must be considered
  596  by the local governing body at the same time as the application
  597  for development approval using the procedures provided for local
  598  plan amendment in s. 163.3184 and applicable local ordinances,
  599  without regard to local limits on the frequency of consideration
  600  of amendments to the local comprehensive plan. This paragraph
  601  does not require favorable consideration of a plan amendment
  602  solely because it is related to a development of regional
  603  impact. The procedure for processing such comprehensive plan
  604  amendments is as follows:
  605         1. If a developer seeks a comprehensive plan amendment
  606  related to a development of regional impact, the developer must
  607  so notify in writing the regional planning agency, the
  608  applicable local government, and the state land planning agency
  609  no later than the date of preapplication conference or the
  610  submission of the proposed change under subsection (19).
  611         2. When filing the application for development approval or
  612  the proposed change, the developer must include a written
  613  request for comprehensive plan amendments that would be
  614  necessitated by the development-of-regional-impact approvals
  615  sought. That request must include data and analysis upon which
  616  the applicable local government can determine whether to
  617  transmit the comprehensive plan amendment pursuant to s.
  618  163.3184.
  619         3. The local government must advertise a public hearing on
  620  the transmittal within 30 days after filing the application for
  621  development approval or the proposed change and must make a
  622  determination on the transmittal within 60 days after the
  623  initial filing unless that time is extended by the developer.
  624         4. If the local government approves the transmittal,
  625  procedures set forth in s. 163.3184 must be followed.
  626         5. Notwithstanding subsection (11) or subsection (19), the
  627  local government may not hold a public hearing on the
  628  application for development approval or the proposed change or
  629  on the comprehensive plan amendments sooner than 30 days after
  630  reviewing agency comments are due to the local government
  631  pursuant to s. 163.3184.
  632         6. The local government must hear both the application for
  633  development approval or the proposed change and the
  634  comprehensive plan amendments at the same hearing. However, the
  635  local government must take action separately on the application
  636  for development approval or the proposed change and on the
  637  comprehensive plan amendments.
  638         7. Thereafter, the appeal process for the local government
  639  development order must follow the provisions of s. 380.07, and
  640  the compliance process for the comprehensive plan amendments
  641  must follow the provisions of s. 163.3184.
  642         (7) PREAPPLICATION PROCEDURES.—
  643         (a) Before filing an application for development approval,
  644  the developer shall contact the regional planning agency having
  645  jurisdiction over the proposed development to arrange a
  646  preapplication conference. Upon the request of the developer or
  647  the regional planning agency, other affected state and regional
  648  agencies shall participate in this conference and shall identify
  649  the types of permits issued by the agencies, the level of
  650  information required, and the permit issuance procedures as
  651  applied to the proposed development. The levels of service
  652  required in the transportation methodology shall be the same
  653  levels of service used to evaluate concurrency in accordance
  654  with s. 163.3180. The regional planning agency shall provide the
  655  developer information about the development-of-regional-impact
  656  process and the use of preapplication conferences to identify
  657  issues, coordinate appropriate state and local agency
  658  requirements, and otherwise promote a proper and efficient
  659  review of the proposed development. If an agreement is reached
  660  regarding assumptions and methodology to be used in the
  661  application for development approval, the reviewing agencies may
  662  not subsequently object to those assumptions and methodologies
  663  unless subsequent changes to the project or information obtained
  664  during the review make those assumptions and methodologies
  665  inappropriate. The reviewing agencies may make only
  666  recommendations or comments regarding a proposed development
  667  which are consistent with the statutes, rules, or adopted local
  668  government ordinances that are applicable to developments in the
  669  jurisdiction where the proposed development is located.
  670         (b) The regional planning agency shall establish by rule a
  671  procedure by which a developer may enter into binding written
  672  agreements with the regional planning agency to eliminate
  673  questions from the application for development approval when
  674  those questions are found to be unnecessary for development-of
  675  regional-impact review. It is the legislative intent of this
  676  subsection to encourage reduction of paperwork, to discourage
  677  unnecessary gathering of data, and to encourage the coordination
  678  of the development-of-regional-impact review process with
  679  federal, state, and local environmental reviews when such
  680  reviews are required by law.
  681         (c) If the application for development approval is not
  682  submitted within 1 year after the date of the preapplication
  683  conference, the regional planning agency, the local government
  684  having jurisdiction, or the applicant may request that another
  685  preapplication conference be held.
  686         (8) PRELIMINARY DEVELOPMENT AGREEMENTS.—
  687         (a) A developer may enter into a written preliminary
  688  development agreement with the state land planning agency to
  689  allow a developer to proceed with a limited amount of the total
  690  proposed development, subject to all other governmental
  691  approvals and solely at the developer’s own risk, prior to
  692  issuance of a final development order. All owners of the land in
  693  the total proposed development shall join the developer as
  694  parties to the agreement. Each agreement shall include and be
  695  subject to the following conditions:
  696         1. The developer shall comply with the preapplication
  697  conference requirements pursuant to subsection (7) within 45
  698  days after the execution of the agreement.
  699         2. The developer shall file an application for development
  700  approval for the total proposed development within 3 months
  701  after execution of the agreement, unless the state land planning
  702  agency agrees to a different time for good cause shown. Failure
  703  to timely file an application and to otherwise diligently
  704  proceed in good faith to obtain a final development order shall
  705  constitute a breach of the preliminary development agreement.
  706         3. The agreement shall include maps and legal descriptions
  707  of both the preliminary development area and the total proposed
  708  development area and shall specifically describe the preliminary
  709  development in terms of magnitude and location. The area
  710  approved for preliminary development must be included in the
  711  application for development approval and shall be subject to the
  712  terms and conditions of the final development order.
  713         4. The preliminary development shall be limited to lands
  714  that the state land planning agency agrees are suitable for
  715  development and shall only be allowed in areas where adequate
  716  public infrastructure exists to accommodate the preliminary
  717  development, when such development will utilize public
  718  infrastructure. The developer must also demonstrate that the
  719  preliminary development will not result in material adverse
  720  impacts to existing resources or existing or planned facilities.
  721         5. The preliminary development agreement may allow
  722  development which is:
  723         a. Less than 100 percent of any applicable threshold if the
  724  developer demonstrates that such development is consistent with
  725  subparagraph 4.; or
  726         b. Less than 120 percent of any applicable threshold if the
  727  developer demonstrates that such development is part of a
  728  proposed downtown development of regional impact specified in
  729  subsection (22) or part of any areawide development of regional
  730  impact specified in subsection (25) and that the development is
  731  consistent with subparagraph 4.
  732         6. The developer and owners of the land may not claim
  733  vested rights, or assert equitable estoppel, arising from the
  734  agreement or any expenditures or actions taken in reliance on
  735  the agreement to continue with the total proposed development
  736  beyond the preliminary development. The agreement shall not
  737  entitle the developer to a final development order approving the
  738  total proposed development or to particular conditions in a
  739  final development order.
  740         7. The agreement shall not prohibit the regional planning
  741  agency from reviewing or commenting on any regional issue that
  742  the regional agency determines should be included in the
  743  regional agency’s report on the application for development
  744  approval.
  745         8. The agreement shall include a disclosure by the
  746  developer and all the owners of the land in the total proposed
  747  development of all land or development within 5 miles of the
  748  total proposed development in which they have an interest and
  749  shall describe such interest.
  750         9. In the event of a breach of the agreement or failure to
  751  comply with any condition of the agreement, or if the agreement
  752  was based on materially inaccurate information, the state land
  753  planning agency may terminate the agreement or file suit to
  754  enforce the agreement as provided in this section and s. 380.11,
  755  including a suit to enjoin all development.
  756         10. A notice of the preliminary development agreement shall
  757  be recorded by the developer in accordance with s. 28.222 with
  758  the clerk of the circuit court for each county in which land
  759  covered by the terms of the agreement is located. The notice
  760  shall include a legal description of the land covered by the
  761  agreement and shall state the parties to the agreement, the date
  762  of adoption of the agreement and any subsequent amendments, the
  763  location where the agreement may be examined, and that the
  764  agreement constitutes a land development regulation applicable
  765  to portions of the land covered by the agreement. The provisions
  766  of the agreement shall inure to the benefit of and be binding
  767  upon successors and assigns of the parties in the agreement.
  768         11. Except for those agreements which authorize preliminary
  769  development for substantial deviations pursuant to subsection
  770  (19), a developer who no longer wishes to pursue a development
  771  of regional impact may propose to abandon any preliminary
  772  development agreement executed after January 1, 1985, including
  773  those pursuant to s. 380.032(3), provided at the time of
  774  abandonment:
  775         a. A final development order under this section has been
  776  rendered that approves all of the development actually
  777  constructed; or
  778         b. The amount of development is less than 100 percent of
  779  all numerical thresholds of the guidelines and standards, and
  780  the state land planning agency determines in writing that the
  781  development to date is in compliance with all applicable local
  782  regulations and the terms and conditions of the preliminary
  783  development agreement and otherwise adequately mitigates for the
  784  impacts of the development to date.
  785  
  786  In either event, when a developer proposes to abandon said
  787  agreement, the developer shall give written notice and state
  788  that he or she is no longer proposing a development of regional
  789  impact and provide adequate documentation that he or she has met
  790  the criteria for abandonment of the agreement to the state land
  791  planning agency. Within 30 days of receipt of adequate
  792  documentation of such notice, the state land planning agency
  793  shall make its determination as to whether or not the developer
  794  meets the criteria for abandonment. Once the state land planning
  795  agency determines that the developer meets the criteria for
  796  abandonment, the state land planning agency shall issue a notice
  797  of abandonment which shall be recorded by the developer in
  798  accordance with s. 28.222 with the clerk of the circuit court
  799  for each county in which land covered by the terms of the
  800  agreement is located.
  801         (b) The state land planning agency may enter into other
  802  types of agreements to effectuate the provisions of this act as
  803  provided in s. 380.032.
  804         (c) The provisions of this subsection shall also be
  805  available to a developer who chooses to seek development
  806  approval of a Florida Quality Development pursuant to s.
  807  380.061.
  808         (9) CONCEPTUAL AGENCY REVIEW.—
  809         (a)1. In order to facilitate the planning and preparation
  810  of permit applications for projects that undergo development-of
  811  regional-impact review, and in order to coordinate the
  812  information required to issue such permits, a developer may
  813  elect to request conceptual agency review under this subsection
  814  either concurrently with development-of-regional-impact review
  815  and comprehensive plan amendments, if applicable, or subsequent
  816  to a preapplication conference held pursuant to subsection (7).
  817         2. “Conceptual agency review” means general review of the
  818  proposed location, densities, intensity of use, character, and
  819  major design features of a proposed development required to
  820  undergo review under this section for the purpose of considering
  821  whether these aspects of the proposed development comply with
  822  the issuing agency’s statutes and rules.
  823         3. Conceptual agency review is a licensing action subject
  824  to chapter 120, and approval or denial constitutes final agency
  825  action, except that the 90-day time period specified in s.
  826  120.60(1) shall be tolled for the agency when the affected
  827  regional planning agency requests information from the developer
  828  pursuant to paragraph (10)(b). If proposed agency action on the
  829  conceptual approval is the subject of a proceeding under ss.
  830  120.569 and 120.57, final agency action shall be conclusive as
  831  to any issues actually raised and adjudicated in the proceeding,
  832  and such issues may not be raised in any subsequent proceeding
  833  under ss. 120.569 and 120.57 on the proposed development by any
  834  parties to the prior proceeding.
  835         4. A conceptual agency review approval shall be valid for
  836  up to 10 years, unless otherwise provided in a state or regional
  837  agency rule, and may be reviewed and reissued for additional
  838  periods of time under procedures established by the agency.
  839         (b) The Department of Environmental Protection, each water
  840  management district, and each other state or regional agency
  841  that requires construction or operation permits shall establish
  842  by rule a set of procedures necessary for conceptual agency
  843  review for the following permitting activities within their
  844  respective regulatory jurisdictions:
  845         1. The construction and operation of potential sources of
  846  water pollution, including industrial wastewater, domestic
  847  wastewater, and stormwater.
  848         2. Dredging and filling activities.
  849         3. The management and storage of surface waters.
  850         4. The construction and operation of works of the district,
  851  only if a conceptual agency review approval is requested under
  852  subparagraph 3.
  853  
  854  Any state or regional agency may establish rules for conceptual
  855  agency review for any other permitting activities within its
  856  respective regulatory jurisdiction.
  857         (c)1. Each agency participating in conceptual agency
  858  reviews shall determine and establish by rule its information
  859  and application requirements and furnish these requirements to
  860  the state land planning agency and to any developer seeking
  861  conceptual agency review under this subsection.
  862         2. Each agency shall cooperate with the state land planning
  863  agency to standardize, to the extent possible, review
  864  procedures, data requirements, and data collection methodologies
  865  among all participating agencies, consistent with the
  866  requirements of the statutes that establish the permitting
  867  programs for each agency.
  868         (d) At the conclusion of the conceptual agency review, the
  869  agency shall give notice of its proposed agency action as
  870  required by s. 120.60(3) and shall forward a copy of the notice
  871  to the appropriate regional planning council with a report
  872  setting out the agency’s conclusions on potential development
  873  impacts and stating whether the agency intends to grant
  874  conceptual approval, with or without conditions, or to deny
  875  conceptual approval. If the agency intends to deny conceptual
  876  approval, the report shall state the reasons therefor. The
  877  agency may require the developer to publish notice of proposed
  878  agency action in accordance with s. 403.815.
  879         (e) An agency’s decision to grant conceptual approval shall
  880  not relieve the developer of the requirement to obtain a permit
  881  and to meet the standards for issuance of a construction or
  882  operation permit or to meet the agency’s information
  883  requirements for such a permit. Nevertheless, there shall be a
  884  rebuttable presumption that the developer is entitled to receive
  885  a construction or operation permit for an activity for which the
  886  agency granted conceptual review approval, to the extent that
  887  the project for which the applicant seeks a permit is in
  888  accordance with the conceptual approval and with the agency’s
  889  standards and criteria for issuing a construction or operation
  890  permit. The agency may revoke or appropriately modify a valid
  891  conceptual approval if the agency shows:
  892         1. That an applicant or his or her agent has submitted
  893  materially false or inaccurate information in the application
  894  for conceptual approval;
  895         2. That the developer has violated a condition of the
  896  conceptual approval; or
  897         3. That the development will cause a violation of the
  898  agency’s applicable laws or rules.
  899         (f) Nothing contained in this subsection shall modify or
  900  abridge the law of vested rights or estoppel.
  901         (g) Nothing contained in this subsection shall be construed
  902  to preclude an agency from adopting rules for conceptual review
  903  for developments which are not developments of regional impact.
  904         (10) APPLICATION; SUFFICIENCY.—
  905         (a) When an application for development approval is filed
  906  with a local government, the developer shall also send copies of
  907  the application to the appropriate regional planning agency and
  908  the state land planning agency.
  909         (b) If a regional planning agency determines that the
  910  application for development approval is insufficient for the
  911  agency to discharge its responsibilities under subsection (12),
  912  it shall provide in writing to the appropriate local government
  913  and the applicant a statement of any additional information
  914  desired within 30 days of the receipt of the application by the
  915  regional planning agency. The applicant may supply the
  916  information requested by the regional planning agency and shall
  917  communicate its intention to do so in writing to the appropriate
  918  local government and the regional planning agency within 5
  919  working days of the receipt of the statement requesting such
  920  information, or the applicant shall notify the appropriate local
  921  government and the regional planning agency in writing that the
  922  requested information will not be supplied. Within 30 days after
  923  receipt of such additional information, the regional planning
  924  agency shall review it and may request only that information
  925  needed to clarify the additional information or to answer new
  926  questions raised by, or directly related to, the additional
  927  information. The regional planning agency may request additional
  928  information no more than twice, unless the developer waives this
  929  limitation. If an applicant does not provide the information
  930  requested by a regional planning agency within 120 days of its
  931  request, or within a time agreed upon by the applicant and the
  932  regional planning agency, the application shall be considered
  933  withdrawn.
  934         (c) The regional planning agency shall notify the local
  935  government that a public hearing date may be set when the
  936  regional planning agency determines that the application is
  937  sufficient or when it receives notification from the developer
  938  that the additional requested information will not be supplied,
  939  as provided for in paragraph (b).
  940         (11) LOCAL NOTICE.—Upon receipt of the sufficiency
  941  notification from the regional planning agency required by
  942  paragraph (10)(c), the appropriate local government shall give
  943  notice and hold a public hearing on the application in the same
  944  manner as for a rezoning as provided under the appropriate
  945  special or local law or ordinance, except that such hearing
  946  proceedings shall be recorded by tape or a certified court
  947  reporter and made available for transcription at the expense of
  948  any interested party. When a development of regional impact is
  949  proposed within the jurisdiction of more than one local
  950  government, the local governments, at the request of the
  951  developer, may hold a joint public hearing. The local government
  952  shall comply with the following additional requirements:
  953         (a) The notice of public hearing shall state that the
  954  proposed development is undergoing a development-of-regional
  955  impact review.
  956         (b) The notice shall be published at least 60 days in
  957  advance of the hearing and shall specify where the information
  958  and reports on the development-of-regional-impact application
  959  may be reviewed.
  960         (c) The notice shall be given to the state land planning
  961  agency, to the applicable regional planning agency, to any state
  962  or regional permitting agency participating in a conceptual
  963  agency review process under subsection (9), and to such other
  964  persons as may have been designated by the state land planning
  965  agency as entitled to receive such notices.
  966         (d) A public hearing date shall be set by the appropriate
  967  local government at the next scheduled meeting. The public
  968  hearing shall be held no later than 90 days after issuance of
  969  notice by the regional planning agency that a public hearing may
  970  be set, unless an extension is requested by the applicant.
  971         (12) REGIONAL REPORTS.—
  972         (a) Within 50 days after receipt of the notice of public
  973  hearing required in paragraph (11)(c), the regional planning
  974  agency, if one has been designated for the area including the
  975  local government, shall prepare and submit to the local
  976  government a report and recommendations on the regional impact
  977  of the proposed development. In preparing its report and
  978  recommendations, the regional planning agency shall identify
  979  regional issues based upon the following review criteria and
  980  make recommendations to the local government on these regional
  981  issues, specifically considering whether, and the extent to
  982  which:
  983         1. The development will have a favorable or unfavorable
  984  impact on state or regional resources or facilities identified
  985  in the applicable state or regional plans. As used in this
  986  subsection, the term “applicable state plan” means the state
  987  comprehensive plan. As used in this subsection, the term
  988  “applicable regional plan” means an adopted strategic regional
  989  policy plan.
  990         2. The development will significantly impact adjacent
  991  jurisdictions. At the request of the appropriate local
  992  government, regional planning agencies may also review and
  993  comment upon issues that affect only the requesting local
  994  government.
  995         3. As one of the issues considered in the review in
  996  subparagraphs 1. and 2., the development will favorably or
  997  adversely affect the ability of people to find adequate housing
  998  reasonably accessible to their places of employment if the
  999  regional planning agency has adopted an affordable housing
 1000  policy as part of its strategic regional policy plan. The
 1001  determination should take into account information on factors
 1002  that are relevant to the availability of reasonably accessible
 1003  adequate housing. Adequate housing means housing that is
 1004  available for occupancy and that is not substandard.
 1005         (b) The regional planning agency report must contain
 1006  recommendations that are consistent with the standards required
 1007  by the applicable state permitting agencies or the water
 1008  management district.
 1009         (c) At the request of the regional planning agency, other
 1010  appropriate agencies shall review the proposed development and
 1011  shall prepare reports and recommendations on issues that are
 1012  clearly within the jurisdiction of those agencies. Such agency
 1013  reports shall become part of the regional planning agency
 1014  report; however, the regional planning agency may attach
 1015  dissenting views. When water management district and Department
 1016  of Environmental Protection permits have been issued pursuant to
 1017  chapter 373 or chapter 403, the regional planning council may
 1018  comment on the regional implications of the permits but may not
 1019  offer conflicting recommendations.
 1020         (d) The regional planning agency shall afford the developer
 1021  or any substantially affected party reasonable opportunity to
 1022  present evidence to the regional planning agency head relating
 1023  to the proposed regional agency report and recommendations.
 1024         (e) If the location of a proposed development involves land
 1025  within the boundaries of multiple regional planning councils,
 1026  the state land planning agency shall designate a lead regional
 1027  planning council. The lead regional planning council shall
 1028  prepare the regional report.
 1029         (13) CRITERIA IN AREAS OF CRITICAL STATE CONCERN.—If the
 1030  development is in an area of critical state concern, the local
 1031  government shall approve it only if it complies with the land
 1032  development regulations therefor under s. 380.05 and the
 1033  provisions of this section. The provisions of this section shall
 1034  not apply to developments in areas of critical state concern
 1035  which had pending applications and had been noticed or agendaed
 1036  by local government after September 1, 1985, and before October
 1037  1, 1985, for development order approval. In all such cases, the
 1038  state land planning agency may consider and address applicable
 1039  regional issues contained in subsection (12) as part of its
 1040  area-of-critical-state-concern review pursuant to ss. 380.05,
 1041  380.07, and 380.11.
 1042         (14) CRITERIA OUTSIDE AREAS OF CRITICAL STATE CONCERN.—If
 1043  the development is not located in an area of critical state
 1044  concern, in considering whether the development is approved,
 1045  denied, or approved subject to conditions, restrictions, or
 1046  limitations, the local government shall consider whether, and
 1047  the extent to which:
 1048         (a) The development is consistent with the local
 1049  comprehensive plan and local land development regulations.
 1050         (b) The development is consistent with the report and
 1051  recommendations of the regional planning agency submitted
 1052  pursuant to subsection (12).
 1053         (c) The development is consistent with the State
 1054  Comprehensive Plan. In consistency determinations, the plan
 1055  shall be construed and applied in accordance with s. 187.101(3).
 1056  
 1057  However, a local government may approve a change to a
 1058  development authorized as a development of regional impact if
 1059  the change has the effect of reducing the originally approved
 1060  height, density, or intensity of the development and if the
 1061  revised development would have been consistent with the
 1062  comprehensive plan in effect when the development was originally
 1063  approved. If the revised development is approved, the developer
 1064  may proceed as provided in s. 163.3167(5).
 1065         (4)(15) LOCAL GOVERNMENT DEVELOPMENT ORDER.—
 1066         (a) Notwithstanding any provision of any adopted local
 1067  comprehensive plan or adopted local government land development
 1068  regulation to the contrary, an amendment to a development order
 1069  for an approved development of regional impact adopted pursuant
 1070  to subsection (7) may not amend to an earlier date the
 1071  appropriate local government shall render a decision on the
 1072  application within 30 days after the hearing unless an extension
 1073  is requested by the developer.
 1074         (b) When possible, local governments shall issue
 1075  development orders concurrently with any other local permits or
 1076  development approvals that may be applicable to the proposed
 1077  development.
 1078         (c) The development order shall include findings of fact
 1079  and conclusions of law consistent with subsections (13) and
 1080  (14). The development order:
 1081         1. Shall specify the monitoring procedures and the local
 1082  official responsible for assuring compliance by the developer
 1083  with the development order.
 1084         2. Shall establish compliance dates for the development
 1085  order, including a deadline for commencing physical development
 1086  and for compliance with conditions of approval or phasing
 1087  requirements, and shall include a buildout date that reasonably
 1088  reflects the time anticipated to complete the development.
 1089         3. Shall establish a date until when which the local
 1090  government agrees that the approved development of regional
 1091  impact will shall not be subject to downzoning, unit density
 1092  reduction, or intensity reduction, unless the local government
 1093  can demonstrate that substantial changes in the conditions
 1094  underlying the approval of the development order have occurred
 1095  or the development order was based on substantially inaccurate
 1096  information provided by the developer or that the change is
 1097  clearly established by local government to be essential to the
 1098  public health, safety, or welfare. The date established pursuant
 1099  to this paragraph may not be subparagraph shall be no sooner
 1100  than the buildout date of the project.
 1101         4. Shall specify the requirements for the biennial report
 1102  designated under subsection (18), including the date of
 1103  submission, parties to whom the report is submitted, and
 1104  contents of the report, based upon the rules adopted by the
 1105  state land planning agency. Such rules shall specify the scope
 1106  of any additional local requirements that may be necessary for
 1107  the report.
 1108         5. May specify the types of changes to the development
 1109  which shall require submission for a substantial deviation
 1110  determination or a notice of proposed change under subsection
 1111  (19).
 1112         6. Shall include a legal description of the property.
 1113         (d) Conditions of a development order that require a
 1114  developer to contribute land for a public facility or construct,
 1115  expand, or pay for land acquisition or construction or expansion
 1116  of a public facility, or portion thereof, shall meet the
 1117  following criteria:
 1118         1. The need to construct new facilities or add to the
 1119  present system of public facilities must be reasonably
 1120  attributable to the proposed development.
 1121         2. Any contribution of funds, land, or public facilities
 1122  required from the developer shall be comparable to the amount of
 1123  funds, land, or public facilities that the state or the local
 1124  government would reasonably expect to expend or provide, based
 1125  on projected costs of comparable projects, to mitigate the
 1126  impacts reasonably attributable to the proposed development.
 1127         3. Any funds or lands contributed must be expressly
 1128  designated and used to mitigate impacts reasonably attributable
 1129  to the proposed development.
 1130         4. Construction or expansion of a public facility by a
 1131  nongovernmental developer as a condition of a development order
 1132  to mitigate the impacts reasonably attributable to the proposed
 1133  development is not subject to competitive bidding or competitive
 1134  negotiation for selection of a contractor or design professional
 1135  for any part of the construction or design.
 1136         (b)(e)1. A local government may shall not include, as a
 1137  development order condition for a development of regional
 1138  impact, any requirement that a developer contribute or pay for
 1139  land acquisition or construction or expansion of public
 1140  facilities or portions thereof unless the local government has
 1141  enacted a local ordinance which requires other development not
 1142  subject to this section to contribute its proportionate share of
 1143  the funds, land, or public facilities necessary to accommodate
 1144  any impacts having a rational nexus to the proposed development,
 1145  and the need to construct new facilities or add to the present
 1146  system of public facilities must be reasonably attributable to
 1147  the proposed development.
 1148         2. Selection of a contractor or design professional for any
 1149  aspect of construction or design related to the construction or
 1150  expansion of a public facility by a nongovernmental developer
 1151  which is undertaken as a condition of a development order to
 1152  mitigate the impacts reasonably attributable to the proposed
 1153  development is not subject to competitive bidding or competitive
 1154  negotiation A local government shall not approve a development
 1155  of regional impact that does not make adequate provision for the
 1156  public facilities needed to accommodate the impacts of the
 1157  proposed development unless the local government includes in the
 1158  development order a commitment by the local government to
 1159  provide these facilities consistently with the development
 1160  schedule approved in the development order; however, a local
 1161  government’s failure to meet the requirements of subparagraph 1.
 1162  and this subparagraph shall not preclude the issuance of a
 1163  development order where adequate provision is made by the
 1164  developer for the public facilities needed to accommodate the
 1165  impacts of the proposed development. Any funds or lands
 1166  contributed by a developer must be expressly designated and used
 1167  to accommodate impacts reasonably attributable to the proposed
 1168  development.
 1169         3. The Department of Economic Opportunity and other state
 1170  and regional agencies involved in the administration and
 1171  implementation of this act shall cooperate and work with units
 1172  of local government in preparing and adopting local impact fee
 1173  and other contribution ordinances.
 1174         (c)(f) Notice of the adoption of an amendment a development
 1175  order or the subsequent amendments to an adopted development
 1176  order shall be recorded by the developer, in accordance with s.
 1177  28.222, with the clerk of the circuit court for each county in
 1178  which the development is located. The notice shall include a
 1179  legal description of the property covered by the order and shall
 1180  state which unit of local government adopted the development
 1181  order, the date of adoption, the date of adoption of any
 1182  amendments to the development order, the location where the
 1183  adopted order with any amendments may be examined, and that the
 1184  development order constitutes a land development regulation
 1185  applicable to the property. The recording of this notice does
 1186  shall not constitute a lien, cloud, or encumbrance on real
 1187  property, or actual or constructive notice of any such lien,
 1188  cloud, or encumbrance. This paragraph applies only to
 1189  developments initially approved under this section after July 1,
 1190  1980. If the local government of jurisdiction rescinds a
 1191  development order for an approved development of regional impact
 1192  pursuant to s. 380.115, the developer may record notice of the
 1193  rescission.
 1194         (d)(g)Any agreement entered into by the state land
 1195  planning agency, the developer, and the A local government with
 1196  respect to an approved development of regional impact previously
 1197  classified as essentially built out, or any other official
 1198  determination that an approved development of regional impact is
 1199  essentially built out, remains valid unless it expired on or
 1200  before the effective date of this act. may not issue a permit
 1201  for a development subsequent to the buildout date contained in
 1202  the development order unless:
 1203         1. The proposed development has been evaluated cumulatively
 1204  with existing development under the substantial deviation
 1205  provisions of subsection (19) after the termination or
 1206  expiration date;
 1207         2. The proposed development is consistent with an
 1208  abandonment of development order that has been issued in
 1209  accordance with subsection (26);
 1210         3. The development of regional impact is essentially built
 1211  out, in that all the mitigation requirements in the development
 1212  order have been satisfied, all developers are in compliance with
 1213  all applicable terms and conditions of the development order
 1214  except the buildout date, and the amount of proposed development
 1215  that remains to be built is less than 40 percent of any
 1216  applicable development-of-regional-impact threshold; or
 1217         4. The project has been determined to be an essentially
 1218  built-out development of regional impact through an agreement
 1219  executed by the developer, the state land planning agency, and
 1220  the local government, in accordance with s. 380.032, which will
 1221  establish the terms and conditions under which the development
 1222  may be continued. If the project is determined to be essentially
 1223  built out, development may proceed pursuant to the s. 380.032
 1224  agreement after the termination or expiration date contained in
 1225  the development order without further development-of-regional
 1226  impact review subject to the local government comprehensive plan
 1227  and land development regulations. The parties may amend the
 1228  agreement without submission, review, or approval of a
 1229  notification of proposed change pursuant to subsection (19). For
 1230  the purposes of this paragraph, a development of regional impact
 1231  is considered essentially built out, if:
 1232         a. The developers are in compliance with all applicable
 1233  terms and conditions of the development order except the
 1234  buildout date or reporting requirements; and
 1235         b.(I) The amount of development that remains to be built is
 1236  less than the substantial deviation threshold specified in
 1237  paragraph (19)(b) for each individual land use category, or, for
 1238  a multiuse development, the sum total of all unbuilt land uses
 1239  as a percentage of the applicable substantial deviation
 1240  threshold is equal to or less than 100 percent; or
 1241         (II) The state land planning agency and the local
 1242  government have agreed in writing that the amount of development
 1243  to be built does not create the likelihood of any additional
 1244  regional impact not previously reviewed.
 1245  
 1246  The single-family residential portions of a development may be
 1247  considered essentially built out if all of the workforce housing
 1248  obligations and all of the infrastructure and horizontal
 1249  development have been completed, at least 50 percent of the
 1250  dwelling units have been completed, and more than 80 percent of
 1251  the lots have been conveyed to third-party individual lot owners
 1252  or to individual builders who own no more than 40 lots at the
 1253  time of the determination. The mobile home park portions of a
 1254  development may be considered essentially built out if all the
 1255  infrastructure and horizontal development has been completed,
 1256  and at least 50 percent of the lots are leased to individual
 1257  mobile home owners. In order to accommodate changing market
 1258  demands and achieve maximum land use efficiency in an
 1259  essentially built out project, when a developer is building out
 1260  a project, a local government, without the concurrence of the
 1261  state land planning agency, may adopt a resolution authorizing
 1262  the developer to exchange one approved land use for another
 1263  approved land use as specified in the agreement. Before the
 1264  issuance of a building permit pursuant to an exchange, the
 1265  developer must demonstrate to the local government that the
 1266  exchange ratio will not result in a net increase in impacts to
 1267  public facilities and will meet all applicable requirements of
 1268  the comprehensive plan and land development code. For
 1269  developments previously determined to impact strategic
 1270  intermodal facilities as defined in s. 339.63, the local
 1271  government shall consult with the Department of Transportation
 1272  before approving the exchange.
 1273         (h) If the property is annexed by another local
 1274  jurisdiction, the annexing jurisdiction shall adopt a new
 1275  development order that incorporates all previous rights and
 1276  obligations specified in the prior development order.
 1277         (5)(16) CREDITS AGAINST LOCAL IMPACT FEES.—
 1278         (a) Notwithstanding any provision of an adopted local
 1279  comprehensive plan or adopted local government land development
 1280  regulations to the contrary, the adoption of an amendment to a
 1281  development order for an approved development of regional impact
 1282  pursuant to subsection (7) does not diminish or otherwise alter
 1283  any credits for a development order exaction or fee as against
 1284  impact fees, mobility fees, or exactions when such credits are
 1285  based upon the developer’s contribution of land or a public
 1286  facility or the construction, expansion, or payment for land
 1287  acquisition or construction or expansion of a public facility,
 1288  or a portion thereof If the development order requires the
 1289  developer to contribute land or a public facility or construct,
 1290  expand, or pay for land acquisition or construction or expansion
 1291  of a public facility, or portion thereof, and the developer is
 1292  also subject by local ordinance to impact fees or exactions to
 1293  meet the same needs, the local government shall establish and
 1294  implement a procedure that credits a development order exaction
 1295  or fee toward an impact fee or exaction imposed by local
 1296  ordinance for the same need; however, if the Florida Land and
 1297  Water Adjudicatory Commission imposes any additional
 1298  requirement, the local government shall not be required to grant
 1299  a credit toward the local exaction or impact fee unless the
 1300  local government determines that such required contribution,
 1301  payment, or construction meets the same need that the local
 1302  exaction or impact fee would address. The nongovernmental
 1303  developer need not be required, by virtue of this credit, to
 1304  competitively bid or negotiate any part of the construction or
 1305  design of the facility, unless otherwise requested by the local
 1306  government.
 1307         (b) If the local government imposes or increases an impact
 1308  fee, mobility fee, or exaction by local ordinance after a
 1309  development order has been issued, the developer may petition
 1310  the local government, and the local government shall modify the
 1311  affected provisions of the development order to give the
 1312  developer credit for any contribution of land for a public
 1313  facility, or construction, expansion, or contribution of funds
 1314  for land acquisition or construction or expansion of a public
 1315  facility, or a portion thereof, required by the development
 1316  order toward an impact fee or exaction for the same need.
 1317         (c) Any The local government and the developer may enter
 1318  into capital contribution front-ending agreement entered into by
 1319  a local government and a developer which is still in effect as
 1320  of the effective date of this act agreements as part of a
 1321  development-of-regional-impact development order to reimburse
 1322  the developer, or the developer’s successor, for voluntary
 1323  contributions paid in excess of his or her fair share remains
 1324  valid.
 1325         (d) This subsection does not apply to internal, onsite
 1326  facilities required by local regulations or to any offsite
 1327  facilities to the extent that such facilities are necessary to
 1328  provide safe and adequate services to the development.
 1329         (17) LOCAL MONITORING.—The local government issuing the
 1330  development order is primarily responsible for monitoring the
 1331  development and enforcing the provisions of the development
 1332  order. Local governments shall not issue any permits or
 1333  approvals or provide any extensions of services if the developer
 1334  fails to act in substantial compliance with the development
 1335  order.
 1336         (6)(18)BIENNIAL REPORTS.—Notwithstanding any condition in
 1337  a development order for an approved development of regional
 1338  impact, the developer is not required to shall submit an annual
 1339  or a biennial report on the development of regional impact to
 1340  the local government, the regional planning agency, the state
 1341  land planning agency, and all affected permit agencies in
 1342  alternate years on the date specified in the development order,
 1343  unless required to do so by the local government that has
 1344  jurisdiction over the development. The penalty for failure to
 1345  file such a required report is as prescribed by the local
 1346  government development order by its terms requires more frequent
 1347  monitoring. If the report is not received, the state land
 1348  planning agency shall notify the local government. If the local
 1349  government does not receive the report or receives notification
 1350  that the state land planning agency has not received the report,
 1351  the local government shall request in writing that the developer
 1352  submit the report within 30 days. The failure to submit the
 1353  report after 30 days shall result in the temporary suspension of
 1354  the development order by the local government. If no additional
 1355  development pursuant to the development order has occurred since
 1356  the submission of the previous report, then a letter from the
 1357  developer stating that no development has occurred shall satisfy
 1358  the requirement for a report. Development orders that require
 1359  annual reports may be amended to require biennial reports at the
 1360  option of the local government.
 1361         (7)(19)CHANGES SUBSTANTIAL DEVIATIONS.—
 1362         (a) Notwithstanding any provision to the contrary in any
 1363  development order, agreement, local comprehensive plan, or local
 1364  land development regulation, any proposed change to a previously
 1365  approved development of regional impact must be reviewed by the
 1366  local government based on the standards and procedures in its
 1367  adopted local comprehensive plan and adopted local land
 1368  development regulations, including, but not limited to,
 1369  procedures for notice to the applicant and the public regarding
 1370  the issuance of development orders. However, a change to a
 1371  development of regional impact that has the effect of reducing
 1372  the originally approved height, density, or intensity of the
 1373  development must be reviewed by the local government based on
 1374  the standards in the local comprehensive plan at the time the
 1375  development was originally approved, and if the development
 1376  would have been consistent with the comprehensive plan in effect
 1377  when the development was originally approved, the local
 1378  government may approve the change. If the revised development is
 1379  approved, the developer may proceed as provided in s.
 1380  163.3167(5). For any proposed change to a previously approved
 1381  development of regional impact, at least one public hearing must
 1382  be held on the application for change, and any change must be
 1383  approved by the local governing body before it becomes
 1384  effective. The review must abide by any prior agreements or
 1385  other actions vesting the laws and policies governing the
 1386  development. Development within the previously approved
 1387  development of regional impact may continue, as approved, during
 1388  the review in portions of the development which are not directly
 1389  affected by the proposed change which creates a reasonable
 1390  likelihood of additional regional impact, or any type of
 1391  regional impact created by the change not previously reviewed by
 1392  the regional planning agency, shall constitute a substantial
 1393  deviation and shall cause the proposed change to be subject to
 1394  further development-of-regional-impact review. There are a
 1395  variety of reasons why a developer may wish to propose changes
 1396  to an approved development of regional impact, including changed
 1397  market conditions. The procedures set forth in this subsection
 1398  are for that purpose.
 1399         (b) The local government shall either adopt an amendment to
 1400  the development order that approves the application, with or
 1401  without conditions, or deny the application for the proposed
 1402  change. Any new conditions in the amendment to the development
 1403  order issued by the local government may address only those
 1404  impacts directly created by the proposed change, and must be
 1405  consistent with s. 163.3180(5), the adopted comprehensive plan,
 1406  and adopted land development regulations. Changes to a phase
 1407  date, buildout date, expiration date, or termination date may
 1408  also extend any required mitigation associated with a phased
 1409  construction project so that mitigation takes place in the same
 1410  timeframe relative to the impacts as approved Any proposed
 1411  change to a previously approved development of regional impact
 1412  or development order condition which, either individually or
 1413  cumulatively with other changes, exceeds any of the criteria in
 1414  subparagraphs 1.-11. constitutes a substantial deviation and
 1415  shall cause the development to be subject to further
 1416  development-of-regional-impact review through the notice of
 1417  proposed change process under this section.
 1418         1. An increase in the number of parking spaces at an
 1419  attraction or recreational facility by 15 percent or 500 spaces,
 1420  whichever is greater, or an increase in the number of spectators
 1421  that may be accommodated at such a facility by 15 percent or
 1422  1,500 spectators, whichever is greater.
 1423         2. A new runway, a new terminal facility, a 25 percent
 1424  lengthening of an existing runway, or a 25 percent increase in
 1425  the number of gates of an existing terminal, but only if the
 1426  increase adds at least three additional gates.
 1427         3. An increase in land area for office development by 15
 1428  percent or an increase of gross floor area of office development
 1429  by 15 percent or 100,000 gross square feet, whichever is
 1430  greater.
 1431         4. An increase in the number of dwelling units by 10
 1432  percent or 55 dwelling units, whichever is greater.
 1433         5. An increase in the number of dwelling units by 50
 1434  percent or 200 units, whichever is greater, provided that 15
 1435  percent of the proposed additional dwelling units are dedicated
 1436  to affordable workforce housing, subject to a recorded land use
 1437  restriction that shall be for a period of not less than 20 years
 1438  and that includes resale provisions to ensure long-term
 1439  affordability for income-eligible homeowners and renters and
 1440  provisions for the workforce housing to be commenced before the
 1441  completion of 50 percent of the market rate dwelling. For
 1442  purposes of this subparagraph, the term “affordable workforce
 1443  housing” means housing that is affordable to a person who earns
 1444  less than 120 percent of the area median income, or less than
 1445  140 percent of the area median income if located in a county in
 1446  which the median purchase price for a single-family existing
 1447  home exceeds the statewide median purchase price of a single
 1448  family existing home. For purposes of this subparagraph, the
 1449  term “statewide median purchase price of a single-family
 1450  existing home” means the statewide purchase price as determined
 1451  in the Florida Sales Report, Single-Family Existing Homes,
 1452  released each January by the Florida Association of Realtors and
 1453  the University of Florida Real Estate Research Center.
 1454         6. An increase in commercial development by 60,000 square
 1455  feet of gross floor area or of parking spaces provided for
 1456  customers for 425 cars or a 10 percent increase, whichever is
 1457  greater.
 1458         7. An increase in a recreational vehicle park area by 10
 1459  percent or 110 vehicle spaces, whichever is less.
 1460         8. A decrease in the area set aside for open space of 5
 1461  percent or 20 acres, whichever is less.
 1462         9. A proposed increase to an approved multiuse development
 1463  of regional impact where the sum of the increases of each land
 1464  use as a percentage of the applicable substantial deviation
 1465  criteria is equal to or exceeds 110 percent. The percentage of
 1466  any decrease in the amount of open space shall be treated as an
 1467  increase for purposes of determining when 110 percent has been
 1468  reached or exceeded.
 1469         10. A 15 percent increase in the number of external vehicle
 1470  trips generated by the development above that which was
 1471  projected during the original development-of-regional-impact
 1472  review.
 1473         11. Any change that would result in development of any area
 1474  which was specifically set aside in the application for
 1475  development approval or in the development order for
 1476  preservation or special protection of endangered or threatened
 1477  plants or animals designated as endangered, threatened, or
 1478  species of special concern and their habitat, any species
 1479  protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
 1480  archaeological and historical sites designated as significant by
 1481  the Division of Historical Resources of the Department of State.
 1482  The refinement of the boundaries and configuration of such areas
 1483  shall be considered under sub-subparagraph (e)2.j.
 1484  
 1485  The substantial deviation numerical standards in subparagraphs
 1486  3., 6., and 9., excluding residential uses, and in subparagraph
 1487  10., are increased by 100 percent for a project certified under
 1488  s. 403.973 which creates jobs and meets criteria established by
 1489  the Department of Economic Opportunity as to its impact on an
 1490  area’s economy, employment, and prevailing wage and skill
 1491  levels. The substantial deviation numerical standards in
 1492  subparagraphs 3., 4., 5., 6., 9., and 10. are increased by 50
 1493  percent for a project located wholly within an urban infill and
 1494  redevelopment area designated on the applicable adopted local
 1495  comprehensive plan future land use map and not located within
 1496  the coastal high hazard area.
 1497         (c) This section is not intended to alter or otherwise
 1498  limit the extension, previously granted by statute, of a
 1499  commencement, buildout, phase, termination, or expiration date
 1500  in any development order for an approved development of regional
 1501  impact and any corresponding modification of a related permit or
 1502  agreement. Any such extension is not subject to review or
 1503  modification in any future amendment to a development order
 1504  pursuant to the adopted local comprehensive plan and adopted
 1505  local land development regulations An extension of the date of
 1506  buildout of a development, or any phase thereof, by more than 7
 1507  years is presumed to create a substantial deviation subject to
 1508  further development-of-regional-impact review.
 1509         1. An extension of the date of buildout, or any phase
 1510  thereof, of more than 5 years but not more than 7 years is
 1511  presumed not to create a substantial deviation. The extension of
 1512  the date of buildout of an areawide development of regional
 1513  impact by more than 5 years but less than 10 years is presumed
 1514  not to create a substantial deviation. These presumptions may be
 1515  rebutted by clear and convincing evidence at the public hearing
 1516  held by the local government. An extension of 5 years or less is
 1517  not a substantial deviation.
 1518         2. In recognition of the 2011 real estate market
 1519  conditions, at the option of the developer, all commencement,
 1520  phase, buildout, and expiration dates for projects that are
 1521  currently valid developments of regional impact are extended for
 1522  4 years regardless of any previous extension. Associated
 1523  mitigation requirements are extended for the same period unless,
 1524  before December 1, 2011, a governmental entity notifies a
 1525  developer that has commenced any construction within the phase
 1526  for which the mitigation is required that the local government
 1527  has entered into a contract for construction of a facility with
 1528  funds to be provided from the development’s mitigation funds for
 1529  that phase as specified in the development order or written
 1530  agreement with the developer. The 4-year extension is not a
 1531  substantial deviation, is not subject to further development-of
 1532  regional-impact review, and may not be considered when
 1533  determining whether a subsequent extension is a substantial
 1534  deviation under this subsection. The developer must notify the
 1535  local government in writing by December 31, 2011, in order to
 1536  receive the 4-year extension.
 1537  
 1538  For the purpose of calculating when a buildout or phase date has
 1539  been exceeded, the time shall be tolled during the pendency of
 1540  administrative or judicial proceedings relating to development
 1541  permits. Any extension of the buildout date of a project or a
 1542  phase thereof shall automatically extend the commencement date
 1543  of the project, the termination date of the development order,
 1544  the expiration date of the development of regional impact, and
 1545  the phases thereof if applicable by a like period of time.
 1546         (d) A change in the plan of development of an approved
 1547  development of regional impact resulting from requirements
 1548  imposed by the Department of Environmental Protection or any
 1549  water management district created by s. 373.069 or any of their
 1550  successor agencies or by any appropriate federal regulatory
 1551  agency shall be submitted to the local government pursuant to
 1552  this subsection. The change shall be presumed not to create a
 1553  substantial deviation subject to further development-of
 1554  regional-impact review. The presumption may be rebutted by clear
 1555  and convincing evidence at the public hearing held by the local
 1556  government.
 1557         (e)1. Except for a development order rendered pursuant to
 1558  subsection (22) or subsection (25), a proposed change to a
 1559  development order which individually or cumulatively with any
 1560  previous change is less than any numerical criterion contained
 1561  in subparagraphs (b)1.-10. and does not exceed any other
 1562  criterion, or which involves an extension of the buildout date
 1563  of a development, or any phase thereof, of less than 5 years is
 1564  not subject to the public hearing requirements of subparagraph
 1565  (f)3., and is not subject to a determination pursuant to
 1566  subparagraph (f)5. Notice of the proposed change shall be made
 1567  to the regional planning council and the state land planning
 1568  agency. Such notice must include a description of previous
 1569  individual changes made to the development, including changes
 1570  previously approved by the local government, and must include
 1571  appropriate amendments to the development order.
 1572         2. The following changes, individually or cumulatively with
 1573  any previous changes, are not substantial deviations:
 1574         a. Changes in the name of the project, developer, owner, or
 1575  monitoring official.
 1576         b. Changes to a setback which do not affect noise buffers,
 1577  environmental protection or mitigation areas, or archaeological
 1578  or historical resources.
 1579         c. Changes to minimum lot sizes.
 1580         d. Changes in the configuration of internal roads which do
 1581  not affect external access points.
 1582         e. Changes to the building design or orientation which stay
 1583  approximately within the approved area designated for such
 1584  building and parking lot, and which do not affect historical
 1585  buildings designated as significant by the Division of
 1586  Historical Resources of the Department of State.
 1587         f. Changes to increase the acreage in the development, if
 1588  no development is proposed on the acreage to be added.
 1589         g. Changes to eliminate an approved land use, if there are
 1590  no additional regional impacts.
 1591         h. Changes required to conform to permits approved by any
 1592  federal, state, or regional permitting agency, if these changes
 1593  do not create additional regional impacts.
 1594         i. Any renovation or redevelopment of development within a
 1595  previously approved development of regional impact which does
 1596  not change land use or increase density or intensity of use.
 1597         j. Changes that modify boundaries and configuration of
 1598  areas described in subparagraph (b)11. due to science-based
 1599  refinement of such areas by survey, by habitat evaluation, by
 1600  other recognized assessment methodology, or by an environmental
 1601  assessment. In order for changes to qualify under this sub
 1602  subparagraph, the survey, habitat evaluation, or assessment must
 1603  occur before the time that a conservation easement protecting
 1604  such lands is recorded and must not result in any net decrease
 1605  in the total acreage of the lands specifically set aside for
 1606  permanent preservation in the final development order.
 1607         k. Changes that do not increase the number of external peak
 1608  hour trips and do not reduce open space and conserved areas
 1609  within the project except as otherwise permitted by sub
 1610  subparagraph j.
 1611         l. A phase date extension, if the state land planning
 1612  agency, in consultation with the regional planning council and
 1613  subject to the written concurrence of the Department of
 1614  Transportation, agrees that the traffic impact is not
 1615  significant and adverse under applicable state agency rules.
 1616         m. Any other change that the state land planning agency, in
 1617  consultation with the regional planning council, agrees in
 1618  writing is similar in nature, impact, or character to the
 1619  changes enumerated in sub-subparagraphs a.-l. and that does not
 1620  create the likelihood of any additional regional impact.
 1621  
 1622  This subsection does not require the filing of a notice of
 1623  proposed change but requires an application to the local
 1624  government to amend the development order in accordance with the
 1625  local government’s procedures for amendment of a development
 1626  order. In accordance with the local government’s procedures,
 1627  including requirements for notice to the applicant and the
 1628  public, the local government shall either deny the application
 1629  for amendment or adopt an amendment to the development order
 1630  which approves the application with or without conditions.
 1631  Following adoption, the local government shall render to the
 1632  state land planning agency the amendment to the development
 1633  order. The state land planning agency may appeal, pursuant to s.
 1634  380.07(3), the amendment to the development order if the
 1635  amendment involves sub-subparagraph g., sub-subparagraph h.,
 1636  sub-subparagraph j., sub-subparagraph k., or sub-subparagraph m.
 1637  and if the agency believes that the change creates a reasonable
 1638  likelihood of new or additional regional impacts.
 1639         3. Except for the change authorized by sub-subparagraph
 1640  2.f., any addition of land not previously reviewed or any change
 1641  not specified in paragraph (b) or paragraph (c) shall be
 1642  presumed to create a substantial deviation. This presumption may
 1643  be rebutted by clear and convincing evidence.
 1644         4. Any submittal of a proposed change to a previously
 1645  approved development must include a description of individual
 1646  changes previously made to the development, including changes
 1647  previously approved by the local government. The local
 1648  government shall consider the previous and current proposed
 1649  changes in deciding whether such changes cumulatively constitute
 1650  a substantial deviation requiring further development-of
 1651  regional-impact review.
 1652         5. The following changes to an approved development of
 1653  regional impact shall be presumed to create a substantial
 1654  deviation. Such presumption may be rebutted by clear and
 1655  convincing evidence:
 1656         a. A change proposed for 15 percent or more of the acreage
 1657  to a land use not previously approved in the development order.
 1658  Changes of less than 15 percent shall be presumed not to create
 1659  a substantial deviation.
 1660         b. Notwithstanding any provision of paragraph (b) to the
 1661  contrary, a proposed change consisting of simultaneous increases
 1662  and decreases of at least two of the uses within an authorized
 1663  multiuse development of regional impact which was originally
 1664  approved with three or more uses specified in s. 380.0651(3)(c)
 1665  and (d) and residential use.
 1666         6. If a local government agrees to a proposed change, a
 1667  change in the transportation proportionate share calculation and
 1668  mitigation plan in an adopted development order as a result of
 1669  recalculation of the proportionate share contribution meeting
 1670  the requirements of s. 163.3180(5)(h) in effect as of the date
 1671  of such change shall be presumed not to create a substantial
 1672  deviation. For purposes of this subsection, the proposed change
 1673  in the proportionate share calculation or mitigation plan may
 1674  not be considered an additional regional transportation impact.
 1675         (f)1. The state land planning agency shall establish by
 1676  rule standard forms for submittal of proposed changes to a
 1677  previously approved development of regional impact which may
 1678  require further development-of-regional-impact review. At a
 1679  minimum, the standard form shall require the developer to
 1680  provide the precise language that the developer proposes to
 1681  delete or add as an amendment to the development order.
 1682         2. The developer shall submit, simultaneously, to the local
 1683  government, the regional planning agency, and the state land
 1684  planning agency the request for approval of a proposed change.
 1685         3. No sooner than 30 days but no later than 45 days after
 1686  submittal by the developer to the local government, the state
 1687  land planning agency, and the appropriate regional planning
 1688  agency, the local government shall give 15 days’ notice and
 1689  schedule a public hearing to consider the change that the
 1690  developer asserts does not create a substantial deviation. This
 1691  public hearing shall be held within 60 days after submittal of
 1692  the proposed changes, unless that time is extended by the
 1693  developer.
 1694         4. The appropriate regional planning agency or the state
 1695  land planning agency shall review the proposed change and, no
 1696  later than 45 days after submittal by the developer of the
 1697  proposed change, unless that time is extended by the developer,
 1698  and prior to the public hearing at which the proposed change is
 1699  to be considered, shall advise the local government in writing
 1700  whether it objects to the proposed change, shall specify the
 1701  reasons for its objection, if any, and shall provide a copy to
 1702  the developer.
 1703         5. At the public hearing, the local government shall
 1704  determine whether the proposed change requires further
 1705  development-of-regional-impact review. The provisions of
 1706  paragraphs (a) and (e), the thresholds set forth in paragraph
 1707  (b), and the presumptions set forth in paragraphs (c) and (d)
 1708  and subparagraph (e)3. shall be applicable in determining
 1709  whether further development-of-regional-impact review is
 1710  required. The local government may also deny the proposed change
 1711  based on matters relating to local issues, such as if the land
 1712  on which the change is sought is plat restricted in a way that
 1713  would be incompatible with the proposed change, and the local
 1714  government does not wish to change the plat restriction as part
 1715  of the proposed change.
 1716         6. If the local government determines that the proposed
 1717  change does not require further development-of-regional-impact
 1718  review and is otherwise approved, or if the proposed change is
 1719  not subject to a hearing and determination pursuant to
 1720  subparagraphs 3. and 5. and is otherwise approved, the local
 1721  government shall issue an amendment to the development order
 1722  incorporating the approved change and conditions of approval
 1723  relating to the change. The requirement that a change be
 1724  otherwise approved shall not be construed to require additional
 1725  local review or approval if the change is allowed by applicable
 1726  local ordinances without further local review or approval. The
 1727  decision of the local government to approve, with or without
 1728  conditions, or to deny the proposed change that the developer
 1729  asserts does not require further review shall be subject to the
 1730  appeal provisions of s. 380.07. However, the state land planning
 1731  agency may not appeal the local government decision if it did
 1732  not comply with subparagraph 4. The state land planning agency
 1733  may not appeal a change to a development order made pursuant to
 1734  subparagraph (e)1. or subparagraph (e)2. for developments of
 1735  regional impact approved after January 1, 1980, unless the
 1736  change would result in a significant impact to a regionally
 1737  significant archaeological, historical, or natural resource not
 1738  previously identified in the original development-of-regional
 1739  impact review.
 1740         (g) If a proposed change requires further development-of
 1741  regional-impact review pursuant to this section, the review
 1742  shall be conducted subject to the following additional
 1743  conditions:
 1744         1. The development-of-regional-impact review conducted by
 1745  the appropriate regional planning agency shall address only
 1746  those issues raised by the proposed change except as provided in
 1747  subparagraph 2.
 1748         2. The regional planning agency shall consider, and the
 1749  local government shall determine whether to approve, approve
 1750  with conditions, or deny the proposed change as it relates to
 1751  the entire development. If the local government determines that
 1752  the proposed change, as it relates to the entire development, is
 1753  unacceptable, the local government shall deny the change.
 1754         3. If the local government determines that the proposed
 1755  change should be approved, any new conditions in the amendment
 1756  to the development order issued by the local government shall
 1757  address only those issues raised by the proposed change and
 1758  require mitigation only for the individual and cumulative
 1759  impacts of the proposed change.
 1760         4. Development within the previously approved development
 1761  of regional impact may continue, as approved, during the
 1762  development-of-regional-impact review in those portions of the
 1763  development which are not directly affected by the proposed
 1764  change.
 1765         (h) When further development-of-regional-impact review is
 1766  required because a substantial deviation has been determined or
 1767  admitted by the developer, the amendment to the development
 1768  order issued by the local government shall be consistent with
 1769  the requirements of subsection (15) and shall be subject to the
 1770  hearing and appeal provisions of s. 380.07. The state land
 1771  planning agency or the appropriate regional planning agency need
 1772  not participate at the local hearing in order to appeal a local
 1773  government development order issued pursuant to this paragraph.
 1774         (i) An increase in the number of residential dwelling units
 1775  shall not constitute a substantial deviation and shall not be
 1776  subject to development-of-regional-impact review for additional
 1777  impacts, provided that all the residential dwelling units are
 1778  dedicated to affordable workforce housing and the total number
 1779  of new residential units does not exceed 200 percent of the
 1780  substantial deviation threshold. The affordable workforce
 1781  housing shall be subject to a recorded land use restriction that
 1782  shall be for a period of not less than 20 years and that
 1783  includes resale provisions to ensure long-term affordability for
 1784  income-eligible homeowners and renters. For purposes of this
 1785  paragraph, the term “affordable workforce housing” means housing
 1786  that is affordable to a person who earns less than 120 percent
 1787  of the area median income, or less than 140 percent of the area
 1788  median income if located in a county in which the median
 1789  purchase price for a single-family existing home exceeds the
 1790  statewide median purchase price of a single-family existing
 1791  home. For purposes of this paragraph, the term “statewide median
 1792  purchase price of a single-family existing home” means the
 1793  statewide purchase price as determined in the Florida Sales
 1794  Report, Single-Family Existing Homes, released each January by
 1795  the Florida Association of Realtors and the University of
 1796  Florida Real Estate Research Center.
 1797         (8)(20) VESTED RIGHTS.—Nothing in this section shall limit
 1798  or modify the rights of any person to complete any development
 1799  that was authorized by registration of a subdivision pursuant to
 1800  former chapter 498, by recordation pursuant to local subdivision
 1801  plat law, or by a building permit or other authorization to
 1802  commence development on which there has been reliance and a
 1803  change of position and which registration or recordation was
 1804  accomplished, or which permit or authorization was issued, prior
 1805  to July 1, 1973. If a developer has, by his or her actions in
 1806  reliance on prior regulations, obtained vested or other legal
 1807  rights that in law would have prevented a local government from
 1808  changing those regulations in a way adverse to the developer’s
 1809  interests, nothing in this chapter authorizes any governmental
 1810  agency to abridge those rights.
 1811         (a) For the purpose of determining the vesting of rights
 1812  under this subsection, approval pursuant to local subdivision
 1813  plat law, ordinances, or regulations of a subdivision plat by
 1814  formal vote of a county or municipal governmental body having
 1815  jurisdiction after August 1, 1967, and prior to July 1, 1973, is
 1816  sufficient to vest all property rights for the purposes of this
 1817  subsection; and no action in reliance on, or change of position
 1818  concerning, such local governmental approval is required for
 1819  vesting to take place. Anyone claiming vested rights under this
 1820  paragraph must notify the department in writing by January 1,
 1821  1986. Such notification shall include information adequate to
 1822  document the rights established by this subsection. When such
 1823  notification requirements are met, in order for the vested
 1824  rights authorized pursuant to this paragraph to remain valid
 1825  after June 30, 1990, development of the vested plan must be
 1826  commenced prior to that date upon the property that the state
 1827  land planning agency has determined to have acquired vested
 1828  rights following the notification or in a binding letter of
 1829  interpretation. When the notification requirements have not been
 1830  met, the vested rights authorized by this paragraph shall expire
 1831  June 30, 1986, unless development commenced prior to that date.
 1832         (b) For the purpose of this act, the conveyance of, or the
 1833  agreement to convey, property to the county, state, or local
 1834  government as a prerequisite to zoning change approval shall be
 1835  construed as an act of reliance to vest rights as determined
 1836  under this subsection, provided such zoning change is actually
 1837  granted by such government.
 1838         (9)(21)VALIDITY OF COMPREHENSIVE APPLICATION; MASTER PLAN
 1839  DEVELOPMENT ORDER.—
 1840         (a)Any agreement previously entered into by a developer, a
 1841  regional planning agency, and a local government regarding If a
 1842  development project that includes two or more developments of
 1843  regional impact and was the subject of, a developer may file a
 1844  comprehensive development-of-regional-impact application remains
 1845  valid unless it expired on or before the effective date of this
 1846  act.
 1847         (b) If a proposed development is planned for development
 1848  over an extended period of time, the developer may file an
 1849  application for master development approval of the project and
 1850  agree to present subsequent increments of the development for
 1851  preconstruction review. This agreement shall be entered into by
 1852  the developer, the regional planning agency, and the appropriate
 1853  local government having jurisdiction. The provisions of
 1854  subsection (9) do not apply to this subsection, except that a
 1855  developer may elect to utilize the review process established in
 1856  subsection (9) for review of the increments of a master plan.
 1857         1. Prior to adoption of the master plan development order,
 1858  the developer, the landowner, the appropriate regional planning
 1859  agency, and the local government having jurisdiction shall
 1860  review the draft of the development order to ensure that
 1861  anticipated regional impacts have been adequately addressed and
 1862  that information requirements for subsequent incremental
 1863  application review are clearly defined. The development order
 1864  for a master application shall specify the information which
 1865  must be submitted with an incremental application and shall
 1866  identify those issues which can result in the denial of an
 1867  incremental application.
 1868         2. The review of subsequent incremental applications shall
 1869  be limited to that information specifically required and those
 1870  issues specifically raised by the master development order,
 1871  unless substantial changes in the conditions underlying the
 1872  approval of the master plan development order are demonstrated
 1873  or the master development order is shown to have been based on
 1874  substantially inaccurate information.
 1875         (c) The state land planning agency, by rule, shall
 1876  establish uniform procedures to implement this subsection.
 1877         (22) DOWNTOWN DEVELOPMENT AUTHORITIES.—
 1878         (a) A downtown development authority may submit a
 1879  development-of-regional-impact application for development
 1880  approval pursuant to this section. The area described in the
 1881  application may consist of any or all of the land over which a
 1882  downtown development authority has the power described in s.
 1883  380.031(5). For the purposes of this subsection, a downtown
 1884  development authority shall be considered the developer whether
 1885  or not the development will be undertaken by the downtown
 1886  development authority.
 1887         (b) In addition to information required by the development
 1888  of-regional-impact application, the application for development
 1889  approval submitted by a downtown development authority shall
 1890  specify the total amount of development planned for each land
 1891  use category. In addition to the requirements of subsection
 1892  (15), the development order shall specify the amount of
 1893  development approved within each land use category. Development
 1894  undertaken in conformance with a development order issued under
 1895  this section does not require further review.
 1896         (c) If a development is proposed within the area of a
 1897  downtown development plan approved pursuant to this section
 1898  which would result in development in excess of the amount
 1899  specified in the development order for that type of activity,
 1900  changes shall be subject to the provisions of subsection (19),
 1901  except that the percentages and numerical criteria shall be
 1902  double those listed in paragraph (19)(b).
 1903         (d) The provisions of subsection (9) do not apply to this
 1904  subsection.
 1905         (23)ADOPTION OF RULES BY STATE LAND PLANNING AGENCY.—
 1906         (a) The state land planning agency shall adopt rules to
 1907  ensure uniform review of developments of regional impact by the
 1908  state land planning agency and regional planning agencies under
 1909  this section. These rules shall be adopted pursuant to chapter
 1910  120 and shall include all forms, application content, and review
 1911  guidelines necessary to implement development-of-regional-impact
 1912  reviews. The state land planning agency, in consultation with
 1913  the regional planning agencies, may also designate types of
 1914  development or areas suitable for development in which reduced
 1915  information requirements for development-of-regional-impact
 1916  review shall apply.
 1917         (b) Regional planning agencies shall be subject to rules
 1918  adopted by the state land planning agency. At the request of a
 1919  regional planning council, the state land planning agency may
 1920  adopt by rule different standards for a specific comprehensive
 1921  planning district upon a finding that the statewide standard is
 1922  inadequate to protect or promote the regional interest at issue.
 1923  If such a regional standard is adopted by the state land
 1924  planning agency, the regional standard shall be applied to all
 1925  pertinent development-of-regional-impact reviews conducted in
 1926  that region until rescinded.
 1927         (c) Within 6 months of the effective date of this section,
 1928  the state land planning agency shall adopt rules which:
 1929         1. Establish uniform statewide standards for development
 1930  of-regional-impact review.
 1931         2. Establish a short application for development approval
 1932  form which eliminates issues and questions for any project in a
 1933  jurisdiction with an adopted local comprehensive plan that is in
 1934  compliance.
 1935         (d) Regional planning agencies that perform development-of
 1936  regional-impact and Florida Quality Development review are
 1937  authorized to assess and collect fees to fund the costs, direct
 1938  and indirect, of conducting the review process. The state land
 1939  planning agency shall adopt rules to provide uniform criteria
 1940  for the assessment and collection of such fees. The rules
 1941  providing uniform criteria shall not be subject to rule
 1942  challenge under s. 120.56(2) or to drawout proceedings under s.
 1943  120.54(3)(c)2., but, once adopted, shall be subject to an
 1944  invalidity challenge under s. 120.56(3) by substantially
 1945  affected persons. Until the state land planning agency adopts a
 1946  rule implementing this paragraph, rules of the regional planning
 1947  councils currently in effect regarding fees shall remain in
 1948  effect. Fees may vary in relation to the type and size of a
 1949  proposed project, but shall not exceed $75,000, unless the state
 1950  land planning agency, after reviewing any disputed expenses
 1951  charged by the regional planning agency, determines that said
 1952  expenses were reasonable and necessary for an adequate regional
 1953  review of the impacts of a project.
 1954         (24) STATUTORY EXEMPTIONS.—
 1955         (a) Any proposed hospital is exempt from this section.
 1956         (b) Any proposed electrical transmission line or electrical
 1957  power plant is exempt from this section.
 1958         (c) Any proposed addition to an existing sports facility
 1959  complex is exempt from this section if the addition meets the
 1960  following characteristics:
 1961         1. It would not operate concurrently with the scheduled
 1962  hours of operation of the existing facility.
 1963         2. Its seating capacity would be no more than 75 percent of
 1964  the capacity of the existing facility.
 1965         3. The sports facility complex property is owned by a
 1966  public body before July 1, 1983.
 1967  
 1968  This exemption does not apply to any pari-mutuel facility.
 1969         (d) Any proposed addition or cumulative additions
 1970  subsequent to July 1, 1988, to an existing sports facility
 1971  complex owned by a state university is exempt if the increased
 1972  seating capacity of the complex is no more than 30 percent of
 1973  the capacity of the existing facility.
 1974         (e) Any addition of permanent seats or parking spaces for
 1975  an existing sports facility located on property owned by a
 1976  public body before July 1, 1973, is exempt from this section if
 1977  future additions do not expand existing permanent seating or
 1978  parking capacity more than 15 percent annually in excess of the
 1979  prior year’s capacity.
 1980         (f) Any increase in the seating capacity of an existing
 1981  sports facility having a permanent seating capacity of at least
 1982  50,000 spectators is exempt from this section, provided that
 1983  such an increase does not increase permanent seating capacity by
 1984  more than 5 percent per year and not to exceed a total of 10
 1985  percent in any 5-year period, and provided that the sports
 1986  facility notifies the appropriate local government within which
 1987  the facility is located of the increase at least 6 months before
 1988  the initial use of the increased seating, in order to permit the
 1989  appropriate local government to develop a traffic management
 1990  plan for the traffic generated by the increase. Any traffic
 1991  management plan shall be consistent with the local comprehensive
 1992  plan, the regional policy plan, and the state comprehensive
 1993  plan.
 1994         (g) Any expansion in the permanent seating capacity or
 1995  additional improved parking facilities of an existing sports
 1996  facility is exempt from this section, if the following
 1997  conditions exist:
 1998         1.a. The sports facility had a permanent seating capacity
 1999  on January 1, 1991, of at least 41,000 spectator seats;
 2000         b. The sum of such expansions in permanent seating capacity
 2001  does not exceed a total of 10 percent in any 5-year period and
 2002  does not exceed a cumulative total of 20 percent for any such
 2003  expansions; or
 2004         c. The increase in additional improved parking facilities
 2005  is a one-time addition and does not exceed 3,500 parking spaces
 2006  serving the sports facility; and
 2007         2. The local government having jurisdiction of the sports
 2008  facility includes in the development order or development permit
 2009  approving such expansion under this paragraph a finding of fact
 2010  that the proposed expansion is consistent with the
 2011  transportation, water, sewer and stormwater drainage provisions
 2012  of the approved local comprehensive plan and local land
 2013  development regulations relating to those provisions.
 2014  
 2015  Any owner or developer who intends to rely on this statutory
 2016  exemption shall provide to the department a copy of the local
 2017  government application for a development permit. Within 45 days
 2018  after receipt of the application, the department shall render to
 2019  the local government an advisory and nonbinding opinion, in
 2020  writing, stating whether, in the department’s opinion, the
 2021  prescribed conditions exist for an exemption under this
 2022  paragraph. The local government shall render the development
 2023  order approving each such expansion to the department. The
 2024  owner, developer, or department may appeal the local government
 2025  development order pursuant to s. 380.07, within 45 days after
 2026  the order is rendered. The scope of review shall be limited to
 2027  the determination of whether the conditions prescribed in this
 2028  paragraph exist. If any sports facility expansion undergoes
 2029  development-of-regional-impact review, all previous expansions
 2030  which were exempt under this paragraph shall be included in the
 2031  development-of-regional-impact review.
 2032         (h) Expansion to port harbors, spoil disposal sites,
 2033  navigation channels, turning basins, harbor berths, and other
 2034  related inwater harbor facilities of ports listed in s.
 2035  403.021(9)(b), port transportation facilities and projects
 2036  listed in s. 311.07(3)(b), and intermodal transportation
 2037  facilities identified pursuant to s. 311.09(3) are exempt from
 2038  this section when such expansions, projects, or facilities are
 2039  consistent with comprehensive master plans that are in
 2040  compliance with s. 163.3178.
 2041         (i) Any proposed facility for the storage of any petroleum
 2042  product or any expansion of an existing facility is exempt from
 2043  this section.
 2044         (j) Any renovation or redevelopment within the same land
 2045  parcel which does not change land use or increase density or
 2046  intensity of use.
 2047         (k) Waterport and marina development, including dry storage
 2048  facilities, are exempt from this section.
 2049         (l) Any proposed development within an urban service
 2050  boundary established under s. 163.3177(14), Florida Statutes
 2051  (2010), which is not otherwise exempt pursuant to subsection
 2052  (29), is exempt from this section if the local government having
 2053  jurisdiction over the area where the development is proposed has
 2054  adopted the urban service boundary and has entered into a
 2055  binding agreement with jurisdictions that would be impacted and
 2056  with the Department of Transportation regarding the mitigation
 2057  of impacts on state and regional transportation facilities.
 2058         (m) Any proposed development within a rural land
 2059  stewardship area created under s. 163.3248.
 2060         (n) The establishment, relocation, or expansion of any
 2061  military installation as defined in s. 163.3175, is exempt from
 2062  this section.
 2063         (o) Any self-storage warehousing that does not allow retail
 2064  or other services is exempt from this section.
 2065         (p) Any proposed nursing home or assisted living facility
 2066  is exempt from this section.
 2067         (q) Any development identified in an airport master plan
 2068  and adopted into the comprehensive plan pursuant to s.
 2069  163.3177(6)(b)4. is exempt from this section.
 2070         (r) Any development identified in a campus master plan and
 2071  adopted pursuant to s. 1013.30 is exempt from this section.
 2072         (s) Any development in a detailed specific area plan which
 2073  is prepared and adopted pursuant to s. 163.3245 is exempt from
 2074  this section.
 2075         (t) Any proposed solid mineral mine and any proposed
 2076  addition to, expansion of, or change to an existing solid
 2077  mineral mine is exempt from this section. A mine owner will
 2078  enter into a binding agreement with the Department of
 2079  Transportation to mitigate impacts to strategic intermodal
 2080  system facilities pursuant to the transportation thresholds in
 2081  subsection (19) or rule 9J-2.045(6), Florida Administrative
 2082  Code. Proposed changes to any previously approved solid mineral
 2083  mine development-of-regional-impact development orders having
 2084  vested rights are is not subject to further review or approval
 2085  as a development-of-regional-impact or notice-of-proposed-change
 2086  review or approval pursuant to subsection (19), except for those
 2087  applications pending as of July 1, 2011, which shall be governed
 2088  by s. 380.115(2). Notwithstanding the foregoing, however,
 2089  pursuant to s. 380.115(1), previously approved solid mineral
 2090  mine development-of-regional-impact development orders shall
 2091  continue to enjoy vested rights and continue to be effective
 2092  unless rescinded by the developer. All local government
 2093  regulations of proposed solid mineral mines shall be applicable
 2094  to any new solid mineral mine or to any proposed addition to,
 2095  expansion of, or change to an existing solid mineral mine.
 2096         (u) Notwithstanding any provisions in an agreement with or
 2097  among a local government, regional agency, or the state land
 2098  planning agency or in a local government’s comprehensive plan to
 2099  the contrary, a project no longer subject to development-of
 2100  regional-impact review under revised thresholds is not required
 2101  to undergo such review.
 2102         (v) Any development within a county with a research and
 2103  education authority created by special act and that is also
 2104  within a research and development park that is operated or
 2105  managed by a research and development authority pursuant to part
 2106  V of chapter 159 is exempt from this section.
 2107         (w) Any development in an energy economic zone designated
 2108  pursuant to s. 377.809 is exempt from this section upon approval
 2109  by its local governing body.
 2110         (x) Any proposed development that is located in a local
 2111  government jurisdiction that does not qualify for an exemption
 2112  based on the population and density criteria in paragraph
 2113  (29)(a), that is approved as a comprehensive plan amendment
 2114  adopted pursuant to s. 163.3184(4), and that is the subject of
 2115  an agreement pursuant to s. 288.106(5) is exempt from this
 2116  section. This exemption shall only be effective upon a written
 2117  agreement executed by the applicant, the local government, and
 2118  the state land planning agency. The state land planning agency
 2119  shall only be a party to the agreement upon a determination that
 2120  the development is the subject of an agreement pursuant to s.
 2121  288.106(5) and that the local government has the capacity to
 2122  adequately assess the impacts of the proposed development. The
 2123  local government shall only be a party to the agreement upon
 2124  approval by the governing body of the local government and upon
 2125  providing at least 21 days’ notice to adjacent local governments
 2126  that includes, at a minimum, information regarding the location,
 2127  density and intensity of use, and timing of the proposed
 2128  development. This exemption does not apply to areas within the
 2129  boundary of any area of critical state concern designated
 2130  pursuant to s. 380.05, within the boundary of the Wekiva Study
 2131  Area as described in s. 369.316, or within 2 miles of the
 2132  boundary of the Everglades Protection Area as defined in s.
 2133  373.4592(2).
 2134  
 2135  If a use is exempt from review as a development of regional
 2136  impact under paragraphs (a)-(u), but will be part of a larger
 2137  project that is subject to review as a development of regional
 2138  impact, the impact of the exempt use must be included in the
 2139  review of the larger project, unless such exempt use involves a
 2140  development of regional impact that includes a landowner,
 2141  tenant, or user that has entered into a funding agreement with
 2142  the Department of Economic Opportunity under the Innovation
 2143  Incentive Program and the agreement contemplates a state award
 2144  of at least $50 million.
 2145         (10)(25) AREAWIDE DEVELOPMENT OF REGIONAL IMPACT.—
 2146         (a)Any approval of an authorized developer for may submit
 2147  an areawide development of regional impact remains valid unless
 2148  it expired on or before the effective date of this act. to be
 2149  reviewed pursuant to the procedures and standards set forth in
 2150  this section. The areawide development-of-regional-impact review
 2151  shall include an areawide development plan in addition to any
 2152  other information required under this section. After review and
 2153  approval of an areawide development of regional impact under
 2154  this section, all development within the defined planning area
 2155  shall conform to the approved areawide development plan and
 2156  development order. Individual developments that conform to the
 2157  approved areawide development plan shall not be required to
 2158  undergo further development-of-regional-impact review, unless
 2159  otherwise provided in the development order. As used in this
 2160  subsection, the term:
 2161         1. “Areawide development plan” means a plan of development
 2162  that, at a minimum:
 2163         a. Encompasses a defined planning area approved pursuant to
 2164  this subsection that will include at least two or more
 2165  developments;
 2166         b. Maps and defines the land uses proposed, including the
 2167  amount of development by use and development phasing;
 2168         c. Integrates a capital improvements program for
 2169  transportation and other public facilities to ensure development
 2170  staging contingent on availability of facilities and services;
 2171         d. Incorporates land development regulation, covenants, and
 2172  other restrictions adequate to protect resources and facilities
 2173  of regional and state significance; and
 2174         e. Specifies responsibilities and identifies the mechanisms
 2175  for carrying out all commitments in the areawide development
 2176  plan and for compliance with all conditions of any areawide
 2177  development order.
 2178         2. “Developer” means any person or association of persons,
 2179  including a governmental agency as defined in s. 380.031(6),
 2180  that petitions for authorization to file an application for
 2181  development approval for an areawide development plan.
 2182         (b) A developer may petition for authorization to submit a
 2183  proposed areawide development of regional impact for a defined
 2184  planning area in accordance with the following requirements:
 2185         1. A petition shall be submitted to the local government,
 2186  the regional planning agency, and the state land planning
 2187  agency.
 2188         2. A public hearing or joint public hearing shall be held
 2189  if required by paragraph (e), with appropriate notice, before
 2190  the affected local government.
 2191         3. The state land planning agency shall apply the following
 2192  criteria for evaluating a petition:
 2193         a. Whether the developer is financially capable of
 2194  processing the application for development approval through
 2195  final approval pursuant to this section.
 2196         b. Whether the defined planning area and anticipated
 2197  development therein appear to be of a character, magnitude, and
 2198  location that a proposed areawide development plan would be in
 2199  the public interest. Any public interest determination under
 2200  this criterion is preliminary and not binding on the state land
 2201  planning agency, regional planning agency, or local government.
 2202         4. The state land planning agency shall develop and make
 2203  available standard forms for petitions and applications for
 2204  development approval for use under this subsection.
 2205         (c) Any person may submit a petition to a local government
 2206  having jurisdiction over an area to be developed, requesting
 2207  that government to approve that person as a developer, whether
 2208  or not any or all development will be undertaken by that person,
 2209  and to approve the area as appropriate for an areawide
 2210  development of regional impact.
 2211         (d) A general purpose local government with jurisdiction
 2212  over an area to be considered in an areawide development of
 2213  regional impact shall not have to petition itself for
 2214  authorization to prepare and consider an application for
 2215  development approval for an areawide development plan. However,
 2216  such a local government shall initiate the preparation of an
 2217  application only:
 2218         1. After scheduling and conducting a public hearing as
 2219  specified in paragraph (e); and
 2220         2. After conducting such hearing, finding that the planning
 2221  area meets the standards and criteria pursuant to subparagraph
 2222  (b)3. for determining that an areawide development plan will be
 2223  in the public interest.
 2224         (e) The local government shall schedule a public hearing
 2225  within 60 days after receipt of the petition. The public hearing
 2226  shall be advertised at least 30 days prior to the hearing. In
 2227  addition to the public hearing notice by the local government,
 2228  the petitioner, except when the petitioner is a local
 2229  government, shall provide actual notice to each person owning
 2230  land within the proposed areawide development plan at least 30
 2231  days prior to the hearing. If the petitioner is a local
 2232  government, or local governments pursuant to an interlocal
 2233  agreement, notice of the public hearing shall be provided by the
 2234  publication of an advertisement in a newspaper of general
 2235  circulation that meets the requirements of this paragraph. The
 2236  advertisement must be no less than one-quarter page in a
 2237  standard size or tabloid size newspaper, and the headline in the
 2238  advertisement must be in type no smaller than 18 point. The
 2239  advertisement shall not be published in that portion of the
 2240  newspaper where legal notices and classified advertisements
 2241  appear. The advertisement must be published in a newspaper of
 2242  general paid circulation in the county and of general interest
 2243  and readership in the community, not one of limited subject
 2244  matter, pursuant to chapter 50. Whenever possible, the
 2245  advertisement must appear in a newspaper that is published at
 2246  least 5 days a week, unless the only newspaper in the community
 2247  is published less than 5 days a week. The advertisement must be
 2248  in substantially the form used to advertise amendments to
 2249  comprehensive plans pursuant to s. 163.3184. The local
 2250  government shall specifically notify in writing the regional
 2251  planning agency and the state land planning agency at least 30
 2252  days prior to the public hearing. At the public hearing, all
 2253  interested parties may testify and submit evidence regarding the
 2254  petitioner’s qualifications, the need for and benefits of an
 2255  areawide development of regional impact, and such other issues
 2256  relevant to a full consideration of the petition. If more than
 2257  one local government has jurisdiction over the defined planning
 2258  area in an areawide development plan, the local governments
 2259  shall hold a joint public hearing. Such hearing shall address,
 2260  at a minimum, the need to resolve conflicting ordinances or
 2261  comprehensive plans, if any. The local government holding the
 2262  joint hearing shall comply with the following additional
 2263  requirements:
 2264         1. The notice of the hearing shall be published at least 60
 2265  days in advance of the hearing and shall specify where the
 2266  petition may be reviewed.
 2267         2. The notice shall be given to the state land planning
 2268  agency, to the applicable regional planning agency, and to such
 2269  other persons as may have been designated by the state land
 2270  planning agency as entitled to receive such notices.
 2271         3. A public hearing date shall be set by the appropriate
 2272  local government at the next scheduled meeting.
 2273         (f) Following the public hearing, the local government
 2274  shall issue a written order, appealable under s. 380.07, which
 2275  approves, approves with conditions, or denies the petition. It
 2276  shall approve the petitioner as the developer if it finds that
 2277  the petitioner and defined planning area meet the standards and
 2278  criteria, consistent with applicable law, pursuant to
 2279  subparagraph (b)3.
 2280         (g) The local government shall submit any order which
 2281  approves the petition, or approves the petition with conditions,
 2282  to the petitioner, to all owners of property within the defined
 2283  planning area, to the regional planning agency, and to the state
 2284  land planning agency within 30 days after the order becomes
 2285  effective.
 2286         (h) The petitioner, an owner of property within the defined
 2287  planning area, the appropriate regional planning agency by vote
 2288  at a regularly scheduled meeting, or the state land planning
 2289  agency may appeal the decision of the local government to the
 2290  Florida Land and Water Adjudicatory Commission by filing a
 2291  notice of appeal with the commission. The procedures established
 2292  in s. 380.07 shall be followed for such an appeal.
 2293         (i) After the time for appeal of the decision has run, an
 2294  approved developer may submit an application for development
 2295  approval for a proposed areawide development of regional impact
 2296  for land within the defined planning area, pursuant to
 2297  subsection (6). Development undertaken in conformance with an
 2298  areawide development order issued under this section shall not
 2299  require further development-of-regional-impact review.
 2300         (j) In reviewing an application for a proposed areawide
 2301  development of regional impact, the regional planning agency
 2302  shall evaluate, and the local government shall consider, the
 2303  following criteria, in addition to any other criteria set forth
 2304  in this section:
 2305         1. Whether the developer has demonstrated its legal,
 2306  financial, and administrative ability to perform any commitments
 2307  it has made in the application for a proposed areawide
 2308  development of regional impact.
 2309         2. Whether the developer has demonstrated that all property
 2310  owners within the defined planning area consent or do not object
 2311  to the proposed areawide development of regional impact.
 2312         3. Whether the area and the anticipated development are
 2313  consistent with the applicable local, regional, and state
 2314  comprehensive plans, except as provided for in paragraph (k).
 2315         (k) In addition to the requirements of subsection (14), a
 2316  development order approving, or approving with conditions, a
 2317  proposed areawide development of regional impact shall specify
 2318  the approved land uses and the amount of development approved
 2319  within each land use category in the defined planning area. The
 2320  development order shall incorporate by reference the approved
 2321  areawide development plan. The local government shall not
 2322  approve an areawide development plan that is inconsistent with
 2323  the local comprehensive plan, except that a local government may
 2324  amend its comprehensive plan pursuant to paragraph (6)(b).
 2325         (l) Any owner of property within the defined planning area
 2326  may withdraw his or her consent to the areawide development plan
 2327  at any time prior to local government approval, with or without
 2328  conditions, of the petition; and the plan, the areawide
 2329  development order, and the exemption from development-of
 2330  regional-impact review of individual projects under this section
 2331  shall not thereafter apply to the owner’s property. After the
 2332  areawide development order is issued, a landowner may withdraw
 2333  his or her consent only with the approval of the local
 2334  government.
 2335         (m) If the developer of an areawide development of regional
 2336  impact is a general purpose local government with jurisdiction
 2337  over the land area included within the areawide development
 2338  proposal and if no interest in the land within the land area is
 2339  owned, leased, or otherwise controlled by a person, corporate or
 2340  natural, for the purpose of mining or beneficiation of minerals,
 2341  then:
 2342         1. Demonstration of property owner consent or lack of
 2343  objection to an areawide development plan shall not be required;
 2344  and
 2345         2. The option to withdraw consent does not apply, and all
 2346  property and development within the areawide development
 2347  planning area shall be subject to the areawide plan and to the
 2348  development order conditions.
 2349         (n) After a development order approving an areawide
 2350  development plan is received, changes shall be subject to the
 2351  provisions of subsection (19), except that the percentages and
 2352  numerical criteria shall be double those listed in paragraph
 2353  (19)(b).
 2354         (11)(26) ABANDONMENT OF DEVELOPMENTS OF REGIONAL IMPACT.—
 2355         (a) There is hereby established a process to abandon a
 2356  development of regional impact and its associated development
 2357  orders. A development of regional impact and its associated
 2358  development orders may be proposed to be abandoned by the owner
 2359  or developer. The local government in whose jurisdiction in
 2360  which the development of regional impact is located also may
 2361  propose to abandon the development of regional impact, provided
 2362  that the local government gives individual written notice to
 2363  each development-of-regional-impact owner and developer of
 2364  record, and provided that no such owner or developer objects in
 2365  writing to the local government before prior to or at the public
 2366  hearing pertaining to abandonment of the development of regional
 2367  impact. The state land planning agency is authorized to
 2368  promulgate rules that shall include, but not be limited to,
 2369  criteria for determining whether to grant, grant with
 2370  conditions, or deny a proposal to abandon, and provisions to
 2371  ensure that the developer satisfies all applicable conditions of
 2372  the development order and adequately mitigates for the impacts
 2373  of the development. If there is no existing development within
 2374  the development of regional impact at the time of abandonment
 2375  and no development within the development of regional impact is
 2376  proposed by the owner or developer after such abandonment, an
 2377  abandonment order may shall not require the owner or developer
 2378  to contribute any land, funds, or public facilities as a
 2379  condition of such abandonment order. The local government must
 2380  file rules shall also provide a procedure for filing notice of
 2381  the abandonment pursuant to s. 28.222 with the clerk of the
 2382  circuit court for each county in which the development of
 2383  regional impact is located. Abandonment will be deemed to have
 2384  occurred upon the recording of the notice. Any decision by a
 2385  local government concerning the abandonment of a development of
 2386  regional impact is shall be subject to an appeal pursuant to s.
 2387  380.07. The issues in any such appeal must shall be confined to
 2388  whether the provisions of this subsection or any rules
 2389  promulgated thereunder have been satisfied.
 2390         (b) If requested by the owner, developer, or local
 2391  government, the development-of-regional-impact development order
 2392  must be abandoned by the local government having jurisdiction
 2393  upon a showing that all required mitigation related to the
 2394  amount of development which existed on the date of abandonment
 2395  has been completed or will be completed under an existing permit
 2396  or equivalent authorization issued by a governmental agency as
 2397  defined in s. 380.031(6), provided such permit or authorization
 2398  is subject to enforcement through administrative or judicial
 2399  remedies Upon receipt of written confirmation from the state
 2400  land planning agency that any required mitigation applicable to
 2401  completed development has occurred, an industrial development of
 2402  regional impact located within the coastal high-hazard area of a
 2403  rural area of opportunity which was approved before the adoption
 2404  of the local government’s comprehensive plan required under s.
 2405  163.3167 and which plan’s future land use map and zoning
 2406  designates the land use for the development of regional impact
 2407  as commercial may be unilaterally abandoned without the need to
 2408  proceed through the process described in paragraph (a) if the
 2409  developer or owner provides a notice of abandonment to the local
 2410  government and records such notice with the applicable clerk of
 2411  court. Abandonment shall be deemed to have occurred upon the
 2412  recording of the notice. All development following abandonment
 2413  must shall be fully consistent with the current comprehensive
 2414  plan and applicable zoning.
 2415         (c)A development order for abandonment of an approved
 2416  development of regional impact may be amended by a local
 2417  government pursuant to subsection (7), provided that the
 2418  amendment does not reduce any mitigation previously required as
 2419  a condition of abandonment, unless the developer demonstrates
 2420  that changes to the development no longer will result in impacts
 2421  that necessitated the mitigation.
 2422         (27) RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS UNDER A
 2423  DEVELOPMENT ORDER.—If a developer or owner is in doubt as to his
 2424  or her rights, responsibilities, and obligations under a
 2425  development order and the development order does not clearly
 2426  define his or her rights, responsibilities, and obligations, the
 2427  developer or owner may request participation in resolving the
 2428  dispute through the dispute resolution process outlined in s.
 2429  186.509. The Department of Economic Opportunity shall be
 2430  notified by certified mail of any meeting held under the process
 2431  provided for by this subsection at least 5 days before the
 2432  meeting.
 2433         (28) PARTIAL STATUTORY EXEMPTIONS.—
 2434         (a) If the binding agreement referenced under paragraph
 2435  (24)(l) for urban service boundaries is not entered into within
 2436  12 months after establishment of the urban service boundary, the
 2437  development-of-regional-impact review for projects within the
 2438  urban service boundary must address transportation impacts only.
 2439         (b) If the binding agreement referenced under paragraph
 2440  (24)(m) for rural land stewardship areas is not entered into
 2441  within 12 months after the designation of a rural land
 2442  stewardship area, the development-of-regional-impact review for
 2443  projects within the rural land stewardship area must address
 2444  transportation impacts only.
 2445         (c) If the binding agreement for designated urban infill
 2446  and redevelopment areas is not entered into within 12 months
 2447  after the designation of the area or July 1, 2007, whichever
 2448  occurs later, the development-of-regional-impact review for
 2449  projects within the urban infill and redevelopment area must
 2450  address transportation impacts only.
 2451         (d) A local government that does not wish to enter into a
 2452  binding agreement or that is unable to agree on the terms of the
 2453  agreement referenced under paragraph (24)(l) or paragraph
 2454  (24)(m) shall provide written notification to the state land
 2455  planning agency of the decision to not enter into a binding
 2456  agreement or the failure to enter into a binding agreement
 2457  within the 12-month period referenced in paragraphs (a), (b) and
 2458  (c). Following the notification of the state land planning
 2459  agency, development-of-regional-impact review for projects
 2460  within an urban service boundary under paragraph (24)(l), or a
 2461  rural land stewardship area under paragraph (24)(m), must
 2462  address transportation impacts only.
 2463         (e) The vesting provision of s. 163.3167(5) relating to an
 2464  authorized development of regional impact does not apply to
 2465  those projects partially exempt from the development-of
 2466  regional-impact review process under paragraphs (a)-(d).
 2467         (29) EXEMPTIONS FOR DENSE URBAN LAND AREAS.—
 2468         (a) The following are exempt from this section:
 2469         1. Any proposed development in a municipality that has an
 2470  average of at least 1,000 people per square mile of land area
 2471  and a minimum total population of at least 5,000;
 2472         2. Any proposed development within a county, including the
 2473  municipalities located in the county, that has an average of at
 2474  least 1,000 people per square mile of land area and is located
 2475  within an urban service area as defined in s. 163.3164 which has
 2476  been adopted into the comprehensive plan;
 2477         3. Any proposed development within a county, including the
 2478  municipalities located therein, which has a population of at
 2479  least 900,000, that has an average of at least 1,000 people per
 2480  square mile of land area, but which does not have an urban
 2481  service area designated in the comprehensive plan; or
 2482         4. Any proposed development within a county, including the
 2483  municipalities located therein, which has a population of at
 2484  least 1 million and is located within an urban service area as
 2485  defined in s. 163.3164 which has been adopted into the
 2486  comprehensive plan.
 2487  
 2488  The Office of Economic and Demographic Research within the
 2489  Legislature shall annually calculate the population and density
 2490  criteria needed to determine which jurisdictions meet the
 2491  density criteria in subparagraphs 1.-4. by using the most recent
 2492  land area data from the decennial census conducted by the Bureau
 2493  of the Census of the United States Department of Commerce and
 2494  the latest available population estimates determined pursuant to
 2495  s. 186.901. If any local government has had an annexation,
 2496  contraction, or new incorporation, the Office of Economic and
 2497  Demographic Research shall determine the population density
 2498  using the new jurisdictional boundaries as recorded in
 2499  accordance with s. 171.091. The Office of Economic and
 2500  Demographic Research shall annually submit to the state land
 2501  planning agency by July 1 a list of jurisdictions that meet the
 2502  total population and density criteria. The state land planning
 2503  agency shall publish the list of jurisdictions on its Internet
 2504  website within 7 days after the list is received. The
 2505  designation of jurisdictions that meet the criteria of
 2506  subparagraphs 1.-4. is effective upon publication on the state
 2507  land planning agency’s Internet website. If a municipality that
 2508  has previously met the criteria no longer meets the criteria,
 2509  the state land planning agency shall maintain the municipality
 2510  on the list and indicate the year the jurisdiction last met the
 2511  criteria. However, any proposed development of regional impact
 2512  not within the established boundaries of a municipality at the
 2513  time the municipality last met the criteria must meet the
 2514  requirements of this section until such time as the municipality
 2515  as a whole meets the criteria. Any county that meets the
 2516  criteria shall remain on the list in accordance with the
 2517  provisions of this paragraph. Any jurisdiction that was placed
 2518  on the dense urban land area list before June 2, 2011, shall
 2519  remain on the list in accordance with the provisions of this
 2520  paragraph.
 2521         (b) If a municipality that does not qualify as a dense
 2522  urban land area pursuant to paragraph (a) designates any of the
 2523  following areas in its comprehensive plan, any proposed
 2524  development within the designated area is exempt from the
 2525  development-of-regional-impact process:
 2526         1. Urban infill as defined in s. 163.3164;
 2527         2. Community redevelopment areas as defined in s. 163.340;
 2528         3. Downtown revitalization areas as defined in s. 163.3164;
 2529         4. Urban infill and redevelopment under s. 163.2517; or
 2530         5. Urban service areas as defined in s. 163.3164 or areas
 2531  within a designated urban service boundary under s.
 2532  163.3177(14), Florida Statutes (2010).
 2533         (c) If a county that does not qualify as a dense urban land
 2534  area designates any of the following areas in its comprehensive
 2535  plan, any proposed development within the designated area is
 2536  exempt from the development-of-regional-impact process:
 2537         1. Urban infill as defined in s. 163.3164;
 2538         2. Urban infill and redevelopment under s. 163.2517; or
 2539         3. Urban service areas as defined in s. 163.3164.
 2540         (d) A development that is located partially outside an area
 2541  that is exempt from the development-of-regional-impact program
 2542  must undergo development-of-regional-impact review pursuant to
 2543  this section. However, if the total acreage that is included
 2544  within the area exempt from development-of-regional-impact
 2545  review exceeds 85 percent of the total acreage and square
 2546  footage of the approved development of regional impact, the
 2547  development-of-regional-impact development order may be
 2548  rescinded in both local governments pursuant to s. 380.115(1),
 2549  unless the portion of the development outside the exempt area
 2550  meets the threshold criteria of a development-of-regional
 2551  impact.
 2552         (e) In an area that is exempt under paragraphs (a)-(c), any
 2553  previously approved development-of-regional-impact development
 2554  orders shall continue to be effective, but the developer has the
 2555  option to be governed by s. 380.115(1). A pending application
 2556  for development approval shall be governed by s. 380.115(2).
 2557         (f) Local governments must submit by mail a development
 2558  order to the state land planning agency for projects that would
 2559  be larger than 120 percent of any applicable development-of
 2560  regional-impact threshold and would require development-of
 2561  regional-impact review but for the exemption from the program
 2562  under paragraphs (a)-(c). For such development orders, the state
 2563  land planning agency may appeal the development order pursuant
 2564  to s. 380.07 for inconsistency with the comprehensive plan
 2565  adopted under chapter 163.
 2566         (g) If a local government that qualifies as a dense urban
 2567  land area under this subsection is subsequently found to be
 2568  ineligible for designation as a dense urban land area, any
 2569  development located within that area which has a complete,
 2570  pending application for authorization to commence development
 2571  may maintain the exemption if the developer is continuing the
 2572  application process in good faith or the development is
 2573  approved.
 2574         (h) This subsection does not limit or modify the rights of
 2575  any person to complete any development that has been authorized
 2576  as a development of regional impact pursuant to this chapter.
 2577         (i) This subsection does not apply to areas:
 2578         1. Within the boundary of any area of critical state
 2579  concern designated pursuant to s. 380.05;
 2580         2. Within the boundary of the Wekiva Study Area as
 2581  described in s. 369.316; or
 2582         3. Within 2 miles of the boundary of the Everglades
 2583  Protection Area as described in s. 373.4592(2).
 2584         (12)(30) PROPOSED DEVELOPMENTS.—
 2585         (a) A proposed development that exceeds the statewide
 2586  guidelines and standards specified in s. 380.0651 and is not
 2587  otherwise exempt pursuant to s. 380.0651 must otherwise subject
 2588  to the review requirements of this section shall be approved by
 2589  a local government pursuant to s. 163.3184(4) in lieu of
 2590  proceeding in accordance with this section. However, if the
 2591  proposed development is consistent with the comprehensive plan
 2592  as provided in s. 163.3194(3)(b), the development is not
 2593  required to undergo review pursuant to s. 163.3184(4) or this
 2594  section.
 2595         (b) This subsection does not apply to:
 2596         1. Amendments to a development order governing an existing
 2597  development of regional impact; or
 2598         2.Any application for development approval filed with a
 2599  concurrent plan amendment application pending as of May 14,
 2600  2015, if the applicant elects to have the application reviewed
 2601  pursuant to the provisions of this section as it existed on such
 2602  date. Such election must be in writing and filed with the
 2603  affected local government, regional planning council, and state
 2604  land planning agency, before December 31, 2018.
 2605         Section 3. Section 380.061, Florida Statutes, is amended to
 2606  read:
 2607         380.061 The Florida Quality Developments program.—
 2608         (1) This section only applies to developments approved as
 2609  Florida Quality Developments before the effective date of this
 2610  act There is hereby created the Florida Quality Developments
 2611  program. The intent of this program is to encourage development
 2612  which has been thoughtfully planned to take into consideration
 2613  protection of Florida’s natural amenities, the cost to local
 2614  government of providing services to a growing community, and the
 2615  high quality of life Floridians desire. It is further intended
 2616  that the developer be provided, through a cooperative and
 2617  coordinated effort, an expeditious and timely review by all
 2618  agencies with jurisdiction over the project of his or her
 2619  proposed development.
 2620         (2) Following written notification to the state land
 2621  planning agency and the appropriate regional planning agency, a
 2622  local government with an approved Florida Quality Development
 2623  within its jurisdiction must set a public hearing pursuant to
 2624  its local procedures and shall adopt a local development order
 2625  to replace and supersede the development order adopted by the
 2626  state land planning agency for the Florida Quality Development.
 2627  Thereafter, the Florida Quality Development shall follow the
 2628  procedures and requirements for developments of regional impact
 2629  as specified in this chapter Developments that may be designated
 2630  as Florida Quality Developments are those developments which are
 2631  above 80 percent of any numerical thresholds in the guidelines
 2632  and standards for development-of-regional-impact review pursuant
 2633  to s. 380.06.
 2634         (3)(a) To be eligible for designation under this program,
 2635  the developer shall comply with each of the following
 2636  requirements if applicable to the site of a qualified
 2637  development:
 2638         1. Donate or enter into a binding commitment to donate the
 2639  fee or a lesser interest sufficient to protect, in perpetuity,
 2640  the natural attributes of the types of land listed below. In
 2641  lieu of this requirement, the developer may enter into a binding
 2642  commitment that runs with the land to set aside such areas on
 2643  the property, in perpetuity, as open space to be retained in a
 2644  natural condition or as otherwise permitted under this
 2645  subparagraph. Under the requirements of this subparagraph, the
 2646  developer may reserve the right to use such areas for passive
 2647  recreation that is consistent with the purposes for which the
 2648  land was preserved.
 2649         a. Those wetlands and water bodies throughout the state
 2650  which would be delineated if the provisions of s. 373.4145(1)(b)
 2651  were applied. The developer may use such areas for the purpose
 2652  of site access, provided other routes of access are unavailable
 2653  or impracticable; may use such areas for the purpose of
 2654  stormwater or domestic sewage management and other necessary
 2655  utilities if such uses are permitted pursuant to chapter 403; or
 2656  may redesign or alter wetlands and water bodies within the
 2657  jurisdiction of the Department of Environmental Protection which
 2658  have been artificially created if the redesign or alteration is
 2659  done so as to produce a more naturally functioning system.
 2660         b. Active beach or primary and, where appropriate,
 2661  secondary dunes, to maintain the integrity of the dune system
 2662  and adequate public accessways to the beach. However, the
 2663  developer may retain the right to construct and maintain
 2664  elevated walkways over the dunes to provide access to the beach.
 2665         c. Known archaeological sites determined to be of
 2666  significance by the Division of Historical Resources of the
 2667  Department of State.
 2668         d. Areas known to be important to animal species designated
 2669  as endangered or threatened by the United States Fish and
 2670  Wildlife Service or by the Fish and Wildlife Conservation
 2671  Commission, for reproduction, feeding, or nesting; for traveling
 2672  between such areas used for reproduction, feeding, or nesting;
 2673  or for escape from predation.
 2674         e. Areas known to contain plant species designated as
 2675  endangered by the Department of Agriculture and Consumer
 2676  Services.
 2677         2. Produce, or dispose of, no substances designated as
 2678  hazardous or toxic substances by the United States Environmental
 2679  Protection Agency, the Department of Environmental Protection,
 2680  or the Department of Agriculture and Consumer Services. This
 2681  subparagraph does not apply to the production of these
 2682  substances in nonsignificant amounts as would occur through
 2683  household use or incidental use by businesses.
 2684         3. Participate in a downtown reuse or redevelopment program
 2685  to improve and rehabilitate a declining downtown area.
 2686         4. Incorporate no dredge and fill activities in, and no
 2687  stormwater discharge into, waters designated as Class II,
 2688  aquatic preserves, or Outstanding Florida Waters, except as
 2689  permitted pursuant to s. 403.813(1), and the developer
 2690  demonstrates that those activities meet the standards under
 2691  Class II waters, Outstanding Florida Waters, or aquatic
 2692  preserves, as applicable.
 2693         5. Include open space, recreation areas, Florida-friendly
 2694  landscaping as defined in s. 373.185, and energy conservation
 2695  and minimize impermeable surfaces as appropriate to the location
 2696  and type of project.
 2697         6. Provide for construction and maintenance of all onsite
 2698  infrastructure necessary to support the project and enter into a
 2699  binding commitment with local government to provide an
 2700  appropriate fair-share contribution toward the offsite impacts
 2701  that the development will impose on publicly funded facilities
 2702  and services, except offsite transportation, and condition or
 2703  phase the commencement of development to ensure that public
 2704  facilities and services, except offsite transportation, are
 2705  available concurrent with the impacts of the development. For
 2706  the purposes of offsite transportation impacts, the developer
 2707  shall comply, at a minimum, with the standards of the state land
 2708  planning agency’s development-of-regional-impact transportation
 2709  rule, the approved strategic regional policy plan, any
 2710  applicable regional planning council transportation rule, and
 2711  the approved local government comprehensive plan and land
 2712  development regulations adopted pursuant to part II of chapter
 2713  163.
 2714         7. Design and construct the development in a manner that is
 2715  consistent with the adopted state plan, the applicable strategic
 2716  regional policy plan, and the applicable adopted local
 2717  government comprehensive plan.
 2718         (b) In addition to the foregoing requirements, the
 2719  developer shall plan and design his or her development in a
 2720  manner which includes the needs of the people in this state as
 2721  identified in the state comprehensive plan and the quality of
 2722  life of the people who will live and work in or near the
 2723  development. The developer is encouraged to plan and design his
 2724  or her development in an innovative manner. These planning and
 2725  design features may include, but are not limited to, such things
 2726  as affordable housing, care for the elderly, urban renewal or
 2727  redevelopment, mass transit, the protection and preservation of
 2728  wetlands outside the jurisdiction of the Department of
 2729  Environmental Protection or of uplands as wildlife habitat,
 2730  provision for the recycling of solid waste, provision for onsite
 2731  child care, enhancement of emergency management capabilities,
 2732  the preservation of areas known to be primary habitat for
 2733  significant populations of species of special concern designated
 2734  by the Fish and Wildlife Conservation Commission, or community
 2735  economic development. These additional amenities will be
 2736  considered in determining whether the development qualifies for
 2737  designation under this program.
 2738         (4) The department shall adopt an application for
 2739  development designation consistent with the intent of this
 2740  section.
 2741         (5)(a) Before filing an application for development
 2742  designation, the developer shall contact the Department of
 2743  Economic Opportunity to arrange one or more preapplication
 2744  conferences with the other reviewing entities. Upon the request
 2745  of the developer or any of the reviewing entities, other
 2746  affected state or regional agencies shall participate in this
 2747  conference. The department, in coordination with the local
 2748  government with jurisdiction and the regional planning council,
 2749  shall provide the developer information about the Florida
 2750  Quality Developments designation process and the use of
 2751  preapplication conferences to identify issues, coordinate
 2752  appropriate state, regional, and local agency requirements,
 2753  fully address any concerns of the local government, the regional
 2754  planning council, and other reviewing agencies and the meeting
 2755  of those concerns, if applicable, through development order
 2756  conditions, and otherwise promote a proper, efficient, and
 2757  timely review of the proposed Florida Quality Development. The
 2758  department shall take the lead in coordinating the review
 2759  process.
 2760         (b) The developer shall submit the application to the state
 2761  land planning agency, the appropriate regional planning agency,
 2762  and the appropriate local government for review. The review
 2763  shall be conducted under the time limits and procedures set
 2764  forth in s. 120.60, except that the 90-day time limit shall
 2765  cease to run when the state land planning agency and the local
 2766  government have notified the applicant of their decision on
 2767  whether the development should be designated under this program.
 2768         (c) At any time prior to the issuance of the Florida
 2769  Quality Development order, the developer of a proposed Florida
 2770  Quality Development shall have the right to withdraw the
 2771  proposed project from consideration as a Florida Quality
 2772  Development. The developer may elect to convert the proposed
 2773  project to a proposed development of regional impact. The
 2774  conversion shall be in the form of a letter to the reviewing
 2775  entities stating the developer’s intent to seek authorization
 2776  for the development as a development of regional impact under s.
 2777  380.06. If a proposed Florida Quality Development converts to a
 2778  development of regional impact, the developer shall resubmit the
 2779  appropriate application and the development shall be subject to
 2780  all applicable procedures under s. 380.06, except that:
 2781         1. A preapplication conference held under paragraph (a)
 2782  satisfies the preapplication procedures requirement under s.
 2783  380.06(7); and
 2784         2. If requested in the withdrawal letter, a finding of
 2785  completeness of the application under paragraph (a) and s.
 2786  120.60 may be converted to a finding of sufficiency by the
 2787  regional planning council if such a conversion is approved by
 2788  the regional planning council.
 2789  
 2790  The regional planning council shall have 30 days to notify the
 2791  developer if the request for conversion of completeness to
 2792  sufficiency is granted or denied. If granted and the application
 2793  is found sufficient, the regional planning council shall notify
 2794  the local government that a public hearing date may be set to
 2795  consider the development for approval as a development of
 2796  regional impact, and the development shall be subject to all
 2797  applicable rules, standards, and procedures of s. 380.06. If the
 2798  request for conversion of completeness to sufficiency is denied,
 2799  the developer shall resubmit the appropriate application for
 2800  review and the development shall be subject to all applicable
 2801  procedures under s. 380.06, except as otherwise provided in this
 2802  paragraph.
 2803         (d) If the local government and state land planning agency
 2804  agree that the project should be designated under this program,
 2805  the state land planning agency shall issue a development order
 2806  which incorporates the plan of development as set out in the
 2807  application along with any agreed-upon modifications and
 2808  conditions, based on recommendations by the local government and
 2809  regional planning council, and a certification that the
 2810  development is designated as one of Florida’s Quality
 2811  Developments. In the event of conflicting recommendations, the
 2812  state land planning agency, after consultation with the local
 2813  government and the regional planning agency, shall resolve such
 2814  conflicts in the development order. Upon designation, the
 2815  development, as approved, is exempt from development-of
 2816  regional-impact review pursuant to s. 380.06.
 2817         (e) If the local government or state land planning agency,
 2818  or both, recommends against designation, the development shall
 2819  undergo development-of-regional-impact review pursuant to s.
 2820  380.06, except as provided in subsection (6) of this section.
 2821         (6)(a) In the event that the development is not designated
 2822  under subsection (5), the developer may appeal that
 2823  determination to the Quality Developments Review Board. The
 2824  board shall consist of the secretary of the state land planning
 2825  agency, the Secretary of Environmental Protection and a member
 2826  designated by the secretary, the Secretary of Transportation,
 2827  the executive director of the Fish and Wildlife Conservation
 2828  Commission, the executive director of the appropriate water
 2829  management district created pursuant to chapter 373, and the
 2830  chief executive officer of the appropriate local government.
 2831  When there is a significant historical or archaeological site
 2832  within the boundaries of a development which is appealed to the
 2833  board, the director of the Division of Historical Resources of
 2834  the Department of State shall also sit on the board. The staff
 2835  of the state land planning agency shall serve as staff to the
 2836  board.
 2837         (b) The board shall meet once each quarter of the year.
 2838  However, a meeting may be waived if no appeals are pending.
 2839         (c) On appeal, the sole issue shall be whether the
 2840  development meets the statutory criteria for designation under
 2841  this program. An affirmative vote of at least five members of
 2842  the board, including the affirmative vote of the chief executive
 2843  officer of the appropriate local government, shall be necessary
 2844  to designate the development by the board.
 2845         (d) The state land planning agency shall adopt procedural
 2846  rules for consideration of appeals under this subsection.
 2847         (7)(a) The development order issued pursuant to this
 2848  section is enforceable in the same manner as a development order
 2849  issued pursuant to s. 380.06.
 2850         (b) Appeal of a development order issued pursuant to this
 2851  section shall be available only pursuant to s. 380.07.
 2852         (8)(a) Any local government comprehensive plan amendments
 2853  related to a Florida Quality Development may be initiated by a
 2854  local planning agency and considered by the local governing body
 2855  at the same time as the application for development approval.
 2856  Nothing in this subsection shall be construed to require
 2857  favorable consideration of a Florida Quality Development solely
 2858  because it is related to a development of regional impact.
 2859         (b) The department shall adopt, by rule, standards and
 2860  procedures necessary to implement the Florida Quality
 2861  Developments program. The rules must include, but need not be
 2862  limited to, provisions governing annual reports and criteria for
 2863  determining whether a proposed change to an approved Florida
 2864  Quality Development is a substantial change requiring further
 2865  review.
 2866         Section 4. Section 380.0651, Florida Statutes, is amended
 2867  to read:
 2868         380.0651 Statewide guidelines, and standards, and
 2869  exemptions.—
 2870         (1) STATEWIDE GUIDELINES AND STANDARDS.—The statewide
 2871  guidelines and standards for developments required to undergo
 2872  development-of-regional-impact review provided in this section
 2873  supersede the statewide guidelines and standards previously
 2874  adopted by the Administration Commission that address the same
 2875  development. Other standards and guidelines previously adopted
 2876  by the Administration Commission, including the residential
 2877  standards and guidelines, shall not be superseded. The
 2878  guidelines and standards shall be applied in the manner
 2879  described in s. 380.06(2)(a).
 2880         (2) The Administration Commission shall publish the
 2881  statewide guidelines and standards established in this section
 2882  in its administrative rule in place of the guidelines and
 2883  standards that are superseded by this act, without the
 2884  proceedings required by s. 120.54 and notwithstanding the
 2885  provisions of s. 120.545(1)(c). The Administration Commission
 2886  shall initiate rulemaking proceedings pursuant to s. 120.54 to
 2887  make all other technical revisions necessary to conform the
 2888  rules to this act. Rule amendments made pursuant to this
 2889  subsection shall not be subject to the requirement for
 2890  legislative approval pursuant to s. 380.06(2).
 2891         (3)Subject to the exemptions and partial exemptions
 2892  specified in this section, the following statewide guidelines
 2893  and standards shall be applied in the manner described in s.
 2894  380.06(2) to determine whether the following developments are
 2895  subject to the requirements of s. 380.06 shall be required to
 2896  undergo development-of-regional-impact review:
 2897         (a) Airports.—
 2898         1. Any of the following airport construction projects is
 2899  shall be a development of regional impact:
 2900         a. A new commercial service or general aviation airport
 2901  with paved runways.
 2902         b. A new commercial service or general aviation paved
 2903  runway.
 2904         c. A new passenger terminal facility.
 2905         2. Lengthening of an existing runway by 25 percent or an
 2906  increase in the number of gates by 25 percent or three gates,
 2907  whichever is greater, on a commercial service airport or a
 2908  general aviation airport with regularly scheduled flights is a
 2909  development of regional impact. However, expansion of existing
 2910  terminal facilities at a nonhub or small hub commercial service
 2911  airport is shall not be a development of regional impact.
 2912         3. Any airport development project which is proposed for
 2913  safety, repair, or maintenance reasons alone and would not have
 2914  the potential to increase or change existing types of aircraft
 2915  activity is not a development of regional impact.
 2916  Notwithstanding subparagraphs 1. and 2., renovation,
 2917  modernization, or replacement of airport airside or terminal
 2918  facilities that may include increases in square footage of such
 2919  facilities but does not increase the number of gates or change
 2920  the existing types of aircraft activity is not a development of
 2921  regional impact.
 2922         (b) Attractions and recreation facilities.—Any sports,
 2923  entertainment, amusement, or recreation facility, including, but
 2924  not limited to, a sports arena, stadium, racetrack, tourist
 2925  attraction, amusement park, or pari-mutuel facility, the
 2926  construction or expansion of which:
 2927         1. For single performance facilities:
 2928         a. Provides parking spaces for more than 2,500 cars; or
 2929         b. Provides more than 10,000 permanent seats for
 2930  spectators.
 2931         2. For serial performance facilities:
 2932         a. Provides parking spaces for more than 1,000 cars; or
 2933         b. Provides more than 4,000 permanent seats for spectators.
 2934  
 2935  For purposes of this subsection, “serial performance facilities”
 2936  means those using their parking areas or permanent seating more
 2937  than one time per day on a regular or continuous basis.
 2938         (c) Office development.—Any proposed office building or
 2939  park operated under common ownership, development plan, or
 2940  management that:
 2941         1. Encompasses 300,000 or more square feet of gross floor
 2942  area; or
 2943         2. Encompasses more than 600,000 square feet of gross floor
 2944  area in a county with a population greater than 500,000 and only
 2945  in a geographic area specifically designated as highly suitable
 2946  for increased threshold intensity in the approved local
 2947  comprehensive plan.
 2948         (d) Retail and service development.—Any proposed retail,
 2949  service, or wholesale business establishment or group of
 2950  establishments which deals primarily with the general public
 2951  onsite, operated under one common property ownership,
 2952  development plan, or management that:
 2953         1. Encompasses more than 400,000 square feet of gross area;
 2954  or
 2955         2. Provides parking spaces for more than 2,500 cars.
 2956         (e) Recreational vehicle development.—Any proposed
 2957  recreational vehicle development planned to create or
 2958  accommodate 500 or more spaces.
 2959         (f) Multiuse development.—Any proposed development with two
 2960  or more land uses where the sum of the percentages of the
 2961  appropriate thresholds identified in chapter 28-24, Florida
 2962  Administrative Code, or this section for each land use in the
 2963  development is equal to or greater than 145 percent. Any
 2964  proposed development with three or more land uses, one of which
 2965  is residential and contains at least 100 dwelling units or 15
 2966  percent of the applicable residential threshold, whichever is
 2967  greater, where the sum of the percentages of the appropriate
 2968  thresholds identified in chapter 28-24, Florida Administrative
 2969  Code, or this section for each land use in the development is
 2970  equal to or greater than 160 percent. This threshold is in
 2971  addition to, and does not preclude, a development from being
 2972  required to undergo development-of-regional-impact review under
 2973  any other threshold.
 2974         (g) Residential development.—A rule may not be adopted
 2975  concerning residential developments which treats a residential
 2976  development in one county as being located in a less populated
 2977  adjacent county unless more than 25 percent of the development
 2978  is located within 2 miles or less of the less populated adjacent
 2979  county. The residential thresholds of adjacent counties with
 2980  less population and a lower threshold may not be controlling on
 2981  any development wholly located within areas designated as rural
 2982  areas of opportunity.
 2983         (h) Workforce housing.—The applicable guidelines for
 2984  residential development and the residential component for
 2985  multiuse development shall be increased by 50 percent where the
 2986  developer demonstrates that at least 15 percent of the total
 2987  residential dwelling units authorized within the development of
 2988  regional impact will be dedicated to affordable workforce
 2989  housing, subject to a recorded land use restriction that shall
 2990  be for a period of not less than 20 years and that includes
 2991  resale provisions to ensure long-term affordability for income
 2992  eligible homeowners and renters and provisions for the workforce
 2993  housing to be commenced prior to the completion of 50 percent of
 2994  the market rate dwelling. For purposes of this paragraph, the
 2995  term “affordable workforce housing” means housing that is
 2996  affordable to a person who earns less than 120 percent of the
 2997  area median income, or less than 140 percent of the area median
 2998  income if located in a county in which the median purchase price
 2999  for a single-family existing home exceeds the statewide median
 3000  purchase price of a single-family existing home. For the
 3001  purposes of this paragraph, the term “statewide median purchase
 3002  price of a single-family existing home” means the statewide
 3003  purchase price as determined in the Florida Sales Report,
 3004  Single-Family Existing Homes, released each January by the
 3005  Florida Association of Realtors and the University of Florida
 3006  Real Estate Research Center.
 3007         (i) Schools.—
 3008         1. The proposed construction of any public, private, or
 3009  proprietary postsecondary educational campus which provides for
 3010  a design population of more than 5,000 full-time equivalent
 3011  students, or the proposed physical expansion of any public,
 3012  private, or proprietary postsecondary educational campus having
 3013  such a design population that would increase the population by
 3014  at least 20 percent of the design population.
 3015         2. As used in this paragraph, “full-time equivalent
 3016  student” means enrollment for 15 or more quarter hours during a
 3017  single academic semester. In career centers or other
 3018  institutions which do not employ semester hours or quarter hours
 3019  in accounting for student participation, enrollment for 18
 3020  contact hours shall be considered equivalent to one quarter
 3021  hour, and enrollment for 27 contact hours shall be considered
 3022  equivalent to one semester hour.
 3023         3. This paragraph does not apply to institutions which are
 3024  the subject of a campus master plan adopted by the university
 3025  board of trustees pursuant to s. 1013.30.
 3026         (2) STATUTORY EXEMPTIONS.—The following developments are
 3027  exempt from s. 380.06:
 3028         (a) Any proposed hospital.
 3029         (b) Any proposed electrical transmission line or electrical
 3030  power plant.
 3031         (c) Any proposed addition to an existing sports facility
 3032  complex if the addition meets the following characteristics:
 3033         1. It would not operate concurrently with the scheduled
 3034  hours of operation of the existing facility;
 3035         2. Its seating capacity would be no more than 75 percent of
 3036  the capacity of the existing facility; and
 3037         3. The sports facility complex property was owned by a
 3038  public body before July 1, 1983.
 3039  
 3040  This exemption does not apply to any pari-mutuel facility as
 3041  defined in s. 550.002.
 3042         (d) Any proposed addition or cumulative additions
 3043  subsequent to July 1, 1988, to an existing sports facility
 3044  complex owned by a state university, if the increased seating
 3045  capacity of the complex is no more than 30 percent of the
 3046  capacity of the existing facility.
 3047         (e) Any addition of permanent seats or parking spaces for
 3048  an existing sports facility located on property owned by a
 3049  public body before July 1, 1973, if future additions do not
 3050  expand existing permanent seating or parking capacity more than
 3051  15 percent annually in excess of the prior year’s capacity.
 3052         (f) Any increase in the seating capacity of an existing
 3053  sports facility having a permanent seating capacity of at least
 3054  50,000 spectators, provided that such an increase does not
 3055  increase permanent seating capacity by more than 5 percent per
 3056  year and does not exceed a total of 10 percent in any 5-year
 3057  period. The sports facility must notify the appropriate local
 3058  government within which the facility is located of the increase
 3059  at least 6 months before the initial use of the increased
 3060  seating in order to permit the appropriate local government to
 3061  develop a traffic management plan for the traffic generated by
 3062  the increase. Any traffic management plan must be consistent
 3063  with the local comprehensive plan, the regional policy plan, and
 3064  the state comprehensive plan.
 3065         (g) Any expansion in the permanent seating capacity or
 3066  additional improved parking facilities of an existing sports
 3067  facility, if the following conditions exist:
 3068         1.a. The sports facility had a permanent seating capacity
 3069  on January 1, 1991, of at least 41,000 spectator seats;
 3070         b. The sum of such expansions in permanent seating capacity
 3071  does not exceed a total of 10 percent in any 5-year period and
 3072  does not exceed a cumulative total of 20 percent for any such
 3073  expansions; or
 3074         c. The increase in additional improved parking facilities
 3075  is a one-time addition and does not exceed 3,500 parking spaces
 3076  serving the sports facility; and
 3077         2. The local government having jurisdiction over the sports
 3078  facility includes in the development order or development permit
 3079  approving such expansion under this paragraph a finding of fact
 3080  that the proposed expansion is consistent with the
 3081  transportation, water, sewer, and stormwater drainage provisions
 3082  of the approved local comprehensive plan and local land
 3083  development regulations relating to those provisions.
 3084  
 3085  Any owner or developer who intends to rely on this statutory
 3086  exemption shall provide to the state land planning agency a copy
 3087  of the local government application for a development permit.
 3088  Within 45 days after receipt of the application, the state land
 3089  planning agency shall render to the local government an advisory
 3090  and nonbinding opinion, in writing, stating whether, in the
 3091  state land planning agency’s opinion, the prescribed conditions
 3092  exist for an exemption under this paragraph. The local
 3093  government shall render the development order approving each
 3094  such expansion to the state land planning agency. The owner,
 3095  developer, or state land planning agency may appeal the local
 3096  government development order pursuant to s. 380.07 within 45
 3097  days after the order is rendered. The scope of review shall be
 3098  limited to the determination of whether the conditions
 3099  prescribed in this paragraph exist. If any sports facility
 3100  expansion undergoes development-of-regional-impact review, all
 3101  previous expansions that were exempt under this paragraph must
 3102  be included in the development-of-regional-impact review.
 3103         (h)Expansion to port harbors, spoil disposal sites,
 3104  navigation channels, turning basins, harbor berths, and other
 3105  related inwater harbor facilities of the ports specified in s.
 3106  403.021(9)(b), port transportation facilities and projects
 3107  listed in s. 311.07(3)(b), and intermodal transportation
 3108  facilities identified pursuant to s. 311.09(3) when such
 3109  expansions, projects, or facilities are consistent with port
 3110  master plans and are in compliance with s. 163.3178.
 3111         (i)Any proposed facility for the storage of any petroleum
 3112  product or any expansion of an existing facility.
 3113         (j)Any renovation or redevelopment within the same parcel
 3114  as the existing development if such renovation or redevelopment
 3115  does not change land use or increase density or intensity of
 3116  use.
 3117         (k)Waterport and marina development, including dry storage
 3118  facilities.
 3119         (l)Any proposed development within an urban service area
 3120  boundary established under s. 163.3177(14), Florida Statutes
 3121  2010, that is not otherwise exempt pursuant to subsection (3),if
 3122  the local government having jurisdiction over the area where the
 3123  development is proposed has adopted the urban service area
 3124  boundary and has entered into a binding agreement with
 3125  jurisdictions that would be impacted and with the Department of
 3126  Transportation regarding the mitigation of impacts on state and
 3127  regional transportation facilities.
 3128         (m)Any proposed development within a rural land
 3129  stewardship area created under s. 163.3248.
 3130         (n)The establishment, relocation, or expansion of any
 3131  military installation as specified in s. 163.3175.
 3132         (o)Any self-storage warehousing that does not allow retail
 3133  or other services.
 3134         (p)Any proposed nursing home or assisted living facility.
 3135         (q)Any development identified in an airport master plan
 3136  and adopted into the comprehensive plan pursuant to s.
 3137  163.3177(6)(b)4.
 3138         (r)Any development identified in a campus master plan and
 3139  adopted pursuant to s. 1013.30.
 3140         (s)Any development in a detailed specific area plan
 3141  prepared and adopted pursuant to s. 163.3245.
 3142         (t)Any proposed solid mineral mine and any proposed
 3143  addition to, expansion of, or change to an existing solid
 3144  mineral mine. A mine owner must, however, enter into a binding
 3145  agreement with the Department of Transportation to mitigate
 3146  impacts to strategic intermodal system facilities. Proposed
 3147  changes to any previously approved solid mineral mine
 3148  development-of-regional-impact development orders having vested
 3149  rights are not subject to further review or approval as a
 3150  development-of-regional-impact or notice-of-proposed-change
 3151  review or approval pursuant to subsection (19), except for those
 3152  applications pending as of July 1, 2011, which are governed by
 3153  s. 380.115(2). Notwithstanding this requirement, pursuant to s.
 3154  380.115(1), a previously approved solid mineral mine
 3155  development-of-regional-impact development order continues to
 3156  have vested rights and continues to be effective unless
 3157  rescinded by the developer. All local government regulations of
 3158  proposed solid mineral mines are applicable to any new solid
 3159  mineral mine or to any proposed addition to, expansion of, or
 3160  change to an existing solid mineral mine.
 3161         (u)Notwithstanding any provision in an agreement with or
 3162  among a local government, regional agency, or the state land
 3163  planning agency or in a local government’s comprehensive plan to
 3164  the contrary, a project no longer subject to development-of
 3165  regional-impact review under the revised thresholds specified in
 3166  s. 380.06(2)(b) and this section.
 3167         (v)Any development within a county that has a research and
 3168  education authority created by special act and which is also
 3169  within a research and development park that is operated or
 3170  managed by a research and development authority pursuant to part
 3171  V of chapter 159.
 3172         (w)Any development in an energy economic zone designated
 3173  pursuant to s. 377.809 upon approval by its local governing
 3174  body.
 3175  
 3176  If a use is exempt from review pursuant to paragraphs (a)-(u),
 3177  but will be part of a larger project that is subject to review
 3178  pursuant to s. 380.06(12), the impact of the exempt use must be
 3179  included in the review of the larger project, unless such exempt
 3180  use involves a development that includes a landowner, tenant, or
 3181  user that has entered into a funding agreement with the state
 3182  land planning agency under the Innovation Incentive Program and
 3183  the agreement contemplates a state award of at least $50
 3184  million.
 3185         (3)EXEMPTIONS FOR DENSE URBAN LAND AREAS.
 3186         (a)The following are exempt from the requirements of s.
 3187  380.06:
 3188         1.Any proposed development in a municipality having an
 3189  average of at least 1,000 people per square mile of land area
 3190  and a minimum total population of at least 5,000;
 3191         2.Any proposed development within a county, including the
 3192  municipalities located therein, having an average of at least
 3193  1,000 people per square mile of land area and the development is
 3194  located within an urban service area as defined in s. 163.3164
 3195  which has been adopted into the comprehensive plan as defined in
 3196  s. 163.3164;
 3197         3.Any proposed development within a county, including the
 3198  municipalities located therein, having a population of at least
 3199  900,000 and an average of at least 1,000 people per square mile
 3200  of land area, but which does not have an urban service area
 3201  designated in the comprehensive plan; and
 3202         4.Any proposed development within a county, including the
 3203  municipalities located therein, having a population of at least
 3204  1 million and the development is located within an urban service
 3205  area as defined in s. 163.3164 which has been adopted into the
 3206  comprehensive plan.
 3207  
 3208  The Office of Economic and Demographic Research within the
 3209  Legislature shall annually calculate the population and density
 3210  criteria needed to determine which jurisdictions meet the
 3211  density criteria in subparagraphs 1.-4. by using the most recent
 3212  land area data from the decennial census conducted by the Bureau
 3213  of the Census of the United States Department of Commerce and
 3214  the latest available population estimates determined pursuant to
 3215  s. 186.901. If any local government has had an annexation,
 3216  contraction, or new incorporation, the Office of Economic and
 3217  Demographic Research shall determine the population density
 3218  using the new jurisdictional boundaries as recorded in
 3219  accordance with s. 171.091. The Office of Economic and
 3220  Demographic Research shall annually submit to the state land
 3221  planning agency by July 1 a list of jurisdictions that meet the
 3222  total population and density criteria. The state land planning
 3223  agency shall publish the list of jurisdictions on its website
 3224  within 7 days after the list is received. The designation of
 3225  jurisdictions that meet the criteria of subparagraphs 1.-4. is
 3226  effective upon publication on the state land planning agency’s
 3227  website. If a municipality that has previously met the criteria
 3228  no longer meets the criteria, the state land planning agency
 3229  must maintain the municipality on the list and indicate the year
 3230  the jurisdiction last met the criteria. However, any proposed
 3231  development of regional impact not within the established
 3232  boundaries of a municipality at the time the municipality last
 3233  met the criteria must meet the requirements of this section
 3234  until the municipality as a whole meets the criteria. Any county
 3235  that meets the criteria must remain on the list. Any
 3236  jurisdiction that was placed on the dense urban land area list
 3237  before June 2, 2011, must remain on the list.
 3238         (b)If a municipality that does not qualify as a dense
 3239  urban land area pursuant to paragraph (a) designates any of the
 3240  following areas in its comprehensive plan, any proposed
 3241  development within the designated area is exempt from s. 380.06
 3242  unless otherwise required by part II of chapter 163:
 3243         1.Urban infill as defined in s. 163.3164;
 3244         2.Community redevelopment areas as defined in s. 163.340;
 3245         3.Downtown revitalization areas as defined in s. 163.3164;
 3246         4.Urban infill and redevelopment under s. 163.2517; or
 3247         5.Urban service areas as defined in s. 163.3164 or areas
 3248  within a designated urban service area boundary pursuant to s.
 3249  163.3177(14), Florida Statutes 2010.
 3250         (c)If a county that does not qualify as a dense urban land
 3251  area designates any of the following areas in its comprehensive
 3252  plan, any proposed development within the designated area is
 3253  exempt from the development-of-regional-impact process:
 3254         1.Urban infill as defined in s. 163.3164;
 3255         2.Urban infill and redevelopment pursuant to s. 163.2517;
 3256  or
 3257         3.Urban service areas as defined in s. 163.3164.
 3258         (d)If any portion of a development is located in an area
 3259  that is not exempt from review under s. 380.06, the development
 3260  must undergo review pursuant to that section.
 3261         (e) In an area that is exempt under paragraphs (a), (b),
 3262  and (c), any previously approved development-of-regional-impact
 3263  development orders shall continue to be effective. However, the
 3264  developer has the option to be governed by s. 380.115(1).
 3265         (f)If a local government qualifies as a dense urban land
 3266  area under this subsection and is subsequently found to be
 3267  ineligible for designation as a dense urban land area, any
 3268  development located within that area which has a complete,
 3269  pending application for authorization to commence development
 3270  shall maintain the exemption if the developer is continuing the
 3271  application process in good faith or the development is
 3272  approved.
 3273         (g) This subsection does not limit or modify the rights of
 3274  any person to complete any development that has been authorized
 3275  as a development of regional impact pursuant to this chapter.
 3276         (h) This subsection does not apply to areas:
 3277         1. Within the boundary of any area of critical state
 3278  concern designated pursuant to s. 380.05;
 3279         2. Within the boundary of the Wekiva Study Area as
 3280  described in s. 369.316; or
 3281         3. Within 2 miles of the boundary of the Everglades
 3282  Protection Area as defined in s. 373.4592.
 3283         (4) PARTIAL STATUTORY EXEMPTIONS.—
 3284         (a) If the binding agreement referenced under paragraph
 3285  (2)(l) for urban service boundaries is not entered into within
 3286  12 months after establishment of the urban service area
 3287  boundary, the review pursuant to s. 380.06(12) for projects
 3288  within the urban service area boundary must address
 3289  transportation impacts only.
 3290         (b) If the binding agreement referenced under paragraph
 3291  (2)(m) for rural land stewardship areas is not entered into
 3292  within 12 months after the designation of a rural land
 3293  stewardship area, the review pursuant to s. 380.06(12) for
 3294  projects within the rural land stewardship area must address
 3295  transportation impacts only.
 3296         (c) If the binding agreement for designated urban infill
 3297  and redevelopment areas is not entered into within 12 months
 3298  after the designation of the area or July 1, 2007, whichever
 3299  occurs later, the review pursuant to s. 380.06(12) for projects
 3300  within the urban infill and redevelopment area must address
 3301  transportation impacts only.
 3302         (d) A local government that does not wish to enter into a
 3303  binding agreement or that is unable to agree on the terms of the
 3304  agreement referenced under paragraph (2)(l) or paragraph (2)(m)
 3305  must provide written notification to the state land planning
 3306  agency of the decision to not enter into a binding agreement or
 3307  the failure to enter into a binding agreement within the 12
 3308  month period referenced in paragraphs (a), (b), and (c).
 3309  Following the notification of the state land planning agency, a
 3310  review pursuant to s. 380.06(12) for projects within an urban
 3311  service area boundary under paragraph (2)(l), or a rural land
 3312  stewardship area under paragraph (2)(m), must address
 3313  transportation impacts only.
 3314         (e) The vesting provision of s. 163.3167(5) relating to an
 3315  authorized development of regional impact does not apply to
 3316  those projects partially exempt from s. 380.06 under paragraphs
 3317  (a)-(d) of this subsection.
 3318         (4)Two or more developments, represented by their owners
 3319  or developers to be separate developments, shall be aggregated
 3320  and treated as a single development under this chapter when they
 3321  are determined to be part of a unified plan of development and
 3322  are physically proximate to one other.
 3323         (a) The criteria of three of the following subparagraphs
 3324  must be met in order for the state land planning agency to
 3325  determine that there is a unified plan of development:
 3326         1.a. The same person has retained or shared control of the
 3327  developments;
 3328         b. The same person has ownership or a significant legal or
 3329  equitable interest in the developments; or
 3330         c. There is common management of the developments
 3331  controlling the form of physical development or disposition of
 3332  parcels of the development.
 3333         2. There is a reasonable closeness in time between the
 3334  completion of 80 percent or less of one development and the
 3335  submission to a governmental agency of a master plan or series
 3336  of plans or drawings for the other development which is
 3337  indicative of a common development effort.
 3338         3. A master plan or series of plans or drawings exists
 3339  covering the developments sought to be aggregated which have
 3340  been submitted to a local general-purpose government, water
 3341  management district, the Florida Department of Environmental
 3342  Protection, or the Division of Florida Condominiums, Timeshares,
 3343  and Mobile Homes for authorization to commence development. The
 3344  existence or implementation of a utility’s master utility plan
 3345  required by the Public Service Commission or general-purpose
 3346  local government or a master drainage plan shall not be the sole
 3347  determinant of the existence of a master plan.
 3348         4. There is a common advertising scheme or promotional plan
 3349  in effect for the developments sought to be aggregated.
 3350         (b) The following activities or circumstances shall not be
 3351  considered in determining whether to aggregate two or more
 3352  developments:
 3353         1. Activities undertaken leading to the adoption or
 3354  amendment of any comprehensive plan element described in part II
 3355  of chapter 163.
 3356         2. The sale of unimproved parcels of land, where the seller
 3357  does not retain significant control of the future development of
 3358  the parcels.
 3359         3. The fact that the same lender has a financial interest,
 3360  including one acquired through foreclosure, in two or more
 3361  parcels, so long as the lender is not an active participant in
 3362  the planning, management, or development of the parcels in which
 3363  it has an interest.
 3364         4. Drainage improvements that are not designed to
 3365  accommodate the types of development listed in the guidelines
 3366  and standards contained in or adopted pursuant to this chapter
 3367  or which are not designed specifically to accommodate the
 3368  developments sought to be aggregated.
 3369         (c) Aggregation is not applicable when the following
 3370  circumstances and provisions of this chapter apply:
 3371         1. Developments that are otherwise subject to aggregation
 3372  with a development of regional impact which has received
 3373  approval through the issuance of a final development order may
 3374  not be aggregated with the approved development of regional
 3375  impact. However, this subparagraph does not preclude the state
 3376  land planning agency from evaluating an allegedly separate
 3377  development as a substantial deviation pursuant to s. 380.06(19)
 3378  or as an independent development of regional impact.
 3379         2. Two or more developments, each of which is independently
 3380  a development of regional impact that has or will obtain a
 3381  development order pursuant to s. 380.06.
 3382         3. Completion of any development that has been vested
 3383  pursuant to s. 380.05 or s. 380.06, including vested rights
 3384  arising out of agreements entered into with the state land
 3385  planning agency for purposes of resolving vested rights issues.
 3386  Development-of-regional-impact review of additions to vested
 3387  developments of regional impact shall not include review of the
 3388  impacts resulting from the vested portions of the development.
 3389         4. The developments sought to be aggregated were authorized
 3390  to commence development before September 1, 1988, and could not
 3391  have been required to be aggregated under the law existing
 3392  before that date.
 3393         5. Any development that qualifies for an exemption under s.
 3394  380.06(29).
 3395         6. Newly acquired lands intended for development in
 3396  coordination with a developed and existing development of
 3397  regional impact are not subject to aggregation if the newly
 3398  acquired lands comprise an area that is equal to or less than 10
 3399  percent of the total acreage subject to an existing development
 3400  of-regional-impact development order.
 3401         (d) The provisions of this subsection shall be applied
 3402  prospectively from September 1, 1988. Written decisions,
 3403  agreements, and binding letters of interpretation made or issued
 3404  by the state land planning agency prior to July 1, 1988, shall
 3405  not be affected by this subsection.
 3406         (e) In order to encourage developers to design, finance,
 3407  donate, or build infrastructure, public facilities, or services,
 3408  the state land planning agency may enter into binding agreements
 3409  with two or more developers providing that the joint planning,
 3410  sharing, or use of specified public infrastructure, facilities,
 3411  or services by the developers shall not be considered in any
 3412  subsequent determination of whether a unified plan of
 3413  development exists for their developments. Such binding
 3414  agreements may authorize the developers to pool impact fees or
 3415  impact-fee credits, or to enter into front-end agreements, or
 3416  other financing arrangements by which they collectively agree to
 3417  design, finance, donate, or build such public infrastructure,
 3418  facilities, or services. Such agreements shall be conditioned
 3419  upon a subsequent determination by the appropriate local
 3420  government of consistency with the approved local government
 3421  comprehensive plan and land development regulations.
 3422  Additionally, the developers must demonstrate that the provision
 3423  and sharing of public infrastructure, facilities, or services is
 3424  in the public interest and not merely for the benefit of the
 3425  developments which are the subject of the agreement.
 3426  Developments that are the subject of an agreement pursuant to
 3427  this paragraph shall be aggregated if the state land planning
 3428  agency determines that sufficient aggregation factors are
 3429  present to require aggregation without considering the design
 3430  features, financial arrangements, donations, or construction
 3431  that are specified in and required by the agreement.
 3432         (f) The state land planning agency has authority to adopt
 3433  rules pursuant to ss. 120.536(1) and 120.54 to implement the
 3434  provisions of this subsection.
 3435         Section 5. Section 380.07, Florida Statutes, is amended to
 3436  read:
 3437         380.07 Florida Land and Water Adjudicatory Commission.—
 3438         (1) There is hereby created the Florida Land and Water
 3439  Adjudicatory Commission, which shall consist of the
 3440  Administration Commission. The commission may adopt rules
 3441  necessary to ensure compliance with the area of critical state
 3442  concern program and the requirements for developments of
 3443  regional impact as set forth in this chapter.
 3444         (2) Whenever any local government issues any development
 3445  order in any area of critical state concern, or in regard to the
 3446  abandonment of any approved development of regional impact,
 3447  copies of such orders as prescribed by rule by the state land
 3448  planning agency shall be transmitted to the state land planning
 3449  agency, the regional planning agency, and the owner or developer
 3450  of the property affected by such order. The state land planning
 3451  agency shall adopt rules describing development order rendition
 3452  and effectiveness in designated areas of critical state concern.
 3453  Within 45 days after the order is rendered, the owner, the
 3454  developer, or the state land planning agency may appeal the
 3455  order to the Florida Land and Water Adjudicatory Commission by
 3456  filing a petition alleging that the development order is not
 3457  consistent with the provisions of this part. The appropriate
 3458  regional planning agency by vote at a regularly scheduled
 3459  meeting may recommend that the state land planning agency
 3460  undertake an appeal of a development-of-regional-impact
 3461  development order. Upon the request of an appropriate regional
 3462  planning council, affected local government, or any citizen, the
 3463  state land planning agency shall consider whether to appeal the
 3464  order and shall respond to the request within the 45-day appeal
 3465  period.
 3466         (3) Notwithstanding any other provision of law, an appeal
 3467  of a development order in an area of critical state concern by
 3468  the state land planning agency under this section may include
 3469  consistency of the development order with the local
 3470  comprehensive plan. However, if a development order relating to
 3471  a development of regional impact has been challenged in a
 3472  proceeding under s. 163.3215 and a party to the proceeding
 3473  serves notice to the state land planning agency of the pending
 3474  proceeding under s. 163.3215, the state land planning agency
 3475  shall:
 3476         (a) Raise its consistency issues by intervening as a full
 3477  party in the pending proceeding under s. 163.3215 within 30 days
 3478  after service of the notice; and
 3479         (b) Dismiss the consistency issues from the development
 3480  order appeal.
 3481         (4) The appellant shall furnish a copy of the petition to
 3482  the opposing party, as the case may be, and to the local
 3483  government that issued the order. The filing of the petition
 3484  stays the effectiveness of the order until after the completion
 3485  of the appeal process.
 3486         (5) The 45-day appeal period for a development of regional
 3487  impact within the jurisdiction of more than one local government
 3488  shall not commence until after all the local governments having
 3489  jurisdiction over the proposed development of regional impact
 3490  have rendered their development orders. The appellant shall
 3491  furnish a copy of the notice of appeal to the opposing party, as
 3492  the case may be, and to the local government that which issued
 3493  the order. The filing of the notice of appeal stays shall stay
 3494  the effectiveness of the order until after the completion of the
 3495  appeal process.
 3496         (5)(6)Before Prior to issuing an order, the Florida Land
 3497  and Water Adjudicatory Commission shall hold a hearing pursuant
 3498  to the provisions of chapter 120. The commission shall encourage
 3499  the submission of appeals on the record made pursuant to
 3500  subsection (7) below in cases in which the development order was
 3501  issued after a full and complete hearing before the local
 3502  government or an agency thereof.
 3503         (6)(7) The Florida Land and Water Adjudicatory Commission
 3504  shall issue a decision granting or denying permission to develop
 3505  pursuant to the standards of this chapter and may attach
 3506  conditions and restrictions to its decisions.
 3507         (7)(8) If an appeal is filed with respect to any issues
 3508  within the scope of a permitting program authorized by chapter
 3509  161, chapter 373, or chapter 403 and for which a permit or
 3510  conceptual review approval has been obtained before prior to the
 3511  issuance of a development order, any such issue shall be
 3512  specifically identified in the notice of appeal which is filed
 3513  pursuant to this section, together with other issues that which
 3514  constitute grounds for the appeal. The appeal may proceed with
 3515  respect to issues within the scope of permitting programs for
 3516  which a permit or conceptual review approval has been obtained
 3517  before prior to the issuance of a development order only after
 3518  the commission determines by majority vote at a regularly
 3519  scheduled commission meeting that statewide or regional
 3520  interests may be adversely affected by the development. In
 3521  making this determination, there is shall be a rebuttable
 3522  presumption that statewide and regional interests relating to
 3523  issues within the scope of the permitting programs for which a
 3524  permit or conceptual approval has been obtained are not
 3525  adversely affected.
 3526         Section 6. Section 380.115, Florida Statutes, is amended to
 3527  read:
 3528         380.115 Vested rights and duties; effect of size reduction,
 3529  changes in statewide guidelines and standards.—
 3530         (1) A change in a development-of-regional-impact guideline
 3531  and standard does not abridge or modify any vested or other
 3532  right or any duty or obligation pursuant to any development
 3533  order or agreement that is applicable to a development of
 3534  regional impact. A development that has received a development
 3535  of-regional-impact development order pursuant to s. 380.06 but
 3536  is no longer required to undergo development-of-regional-impact
 3537  review by operation of law may elect a change in the guidelines
 3538  and standards, a development that has reduced its size below the
 3539  thresholds as specified in s. 380.0651, a development that is
 3540  exempt pursuant to s. 380.06(24) or (29), or a development that
 3541  elects to rescind the development order pursuant to are governed
 3542  by the following procedures:
 3543         (1)(a) The development shall continue to be governed by the
 3544  development-of-regional-impact development order and may be
 3545  completed in reliance upon and pursuant to the development order
 3546  unless the developer or landowner has followed the procedures
 3547  for rescission in subsection (2) paragraph (b). Any proposed
 3548  changes to developments which continue to be governed by a
 3549  development-of-regional-impact development order must be
 3550  approved pursuant to s. 380.06(7) s. 380.06(19) as it existed
 3551  before a change in the development-of-regional-impact guidelines
 3552  and standards, except that all percentage criteria are doubled
 3553  and all other criteria are increased by 10 percent. The local
 3554  government issuing the development order must monitor the
 3555  development and enforce the development order. Local governments
 3556  may not issue any permits or approvals or provide any extensions
 3557  of services if the developer fails to act in substantial
 3558  compliance with the development order. The development-of
 3559  regional-impact development order may be enforced by the local
 3560  government as provided in s. 380.11 ss. 380.06(17) and 380.11.
 3561         (2)(b) If requested by the developer or landowner, the
 3562  development-of-regional-impact development order shall be
 3563  rescinded by the local government having jurisdiction upon a
 3564  showing that all required mitigation related to the amount of
 3565  development that existed on the date of rescission has been
 3566  completed or will be completed under an existing permit or
 3567  equivalent authorization issued by a governmental agency as
 3568  defined in s. 380.031(6), if such permit or authorization is
 3569  subject to enforcement through administrative or judicial
 3570  remedies.
 3571         (2) A development with an application for development
 3572  approval pending, pursuant to s. 380.06, on the effective date
 3573  of a change to the guidelines and standards, or a notification
 3574  of proposed change pending on the effective date of a change to
 3575  the guidelines and standards, may elect to continue such review
 3576  pursuant to s. 380.06. At the conclusion of the pending review,
 3577  including any appeals pursuant to s. 380.07, the resulting
 3578  development order shall be governed by the provisions of
 3579  subsection (1).
 3580         (3) A landowner that has filed an application for a
 3581  development-of-regional-impact review prior to the adoption of a
 3582  sector plan pursuant to s. 163.3245 may elect to have the
 3583  application reviewed pursuant to s. 380.06, comprehensive plan
 3584  provisions in force prior to adoption of the sector plan, and
 3585  any requested comprehensive plan amendments that accompany the
 3586  application.
 3587         Section 7. Paragraph (c) of subsection (1) of section
 3588  125.68, Florida Statutes, is amended to read:
 3589         125.68 Codification of ordinances; exceptions; public
 3590  record.—
 3591         (1)
 3592         (c) The following ordinances are exempt from codification
 3593  and annual publication requirements:
 3594         1. Any development agreement, or amendment to such
 3595  agreement, adopted by ordinance pursuant to ss. 163.3220
 3596  163.3243.
 3597         2. Any development order, or amendment to such order,
 3598  adopted by ordinance pursuant to s. 380.06(4) s. 380.06(15).
 3599         Section 8. Paragraph (e) of subsection (3), subsection (6),
 3600  and subsection (12) of section 163.3245, Florida Statutes, are
 3601  amended to read:
 3602         163.3245 Sector plans.—
 3603         (3) Sector planning encompasses two levels: adoption
 3604  pursuant to s. 163.3184 of a long-term master plan for the
 3605  entire planning area as part of the comprehensive plan, and
 3606  adoption by local development order of two or more detailed
 3607  specific area plans that implement the long-term master plan and
 3608  within which s. 380.06 is waived.
 3609         (e) Whenever a local government issues a development order
 3610  approving a detailed specific area plan, a copy of such order
 3611  shall be rendered to the state land planning agency and the
 3612  owner or developer of the property affected by such order, as
 3613  prescribed by rules of the state land planning agency for a
 3614  development order for a development of regional impact. Within
 3615  45 days after the order is rendered, the owner, the developer,
 3616  or the state land planning agency may appeal the order to the
 3617  Florida Land and Water Adjudicatory Commission by filing a
 3618  petition alleging that the detailed specific area plan is not
 3619  consistent with the comprehensive plan or with the long-term
 3620  master plan adopted pursuant to this section. The appellant
 3621  shall furnish a copy of the petition to the opposing party, as
 3622  the case may be, and to the local government that issued the
 3623  order. The filing of the petition stays the effectiveness of the
 3624  order until after completion of the appeal process. However, if
 3625  a development order approving a detailed specific area plan has
 3626  been challenged by an aggrieved or adversely affected party in a
 3627  judicial proceeding pursuant to s. 163.3215, and a party to such
 3628  proceeding serves notice to the state land planning agency, the
 3629  state land planning agency shall dismiss its appeal to the
 3630  commission and shall have the right to intervene in the pending
 3631  judicial proceeding pursuant to s. 163.3215. Proceedings for
 3632  administrative review of an order approving a detailed specific
 3633  area plan shall be conducted consistent with s. 380.07(5) s.
 3634  380.07(6). The commission shall issue a decision granting or
 3635  denying permission to develop pursuant to the long-term master
 3636  plan and the standards of this part and may attach conditions or
 3637  restrictions to its decisions.
 3638         (6) An applicant who applied Concurrent with or subsequent
 3639  to review and adoption of a long-term master plan pursuant to
 3640  paragraph (3)(a), an applicant may apply for master development
 3641  approval pursuant to s. 380.06 s. 380.06(21) for the entire
 3642  planning area shall remain subject to the master development
 3643  order in order to establish a buildout date until which the
 3644  approved uses and densities and intensities of use of the master
 3645  plan are not subject to downzoning, unit density reduction, or
 3646  intensity reduction, unless the developer elects to rescind the
 3647  development order pursuant to s. 380.115, the development order
 3648  is abandoned pursuant to s. 380.06(11), or the local government
 3649  can demonstrate that implementation of the master plan is not
 3650  continuing in good faith based on standards established by plan
 3651  policy, that substantial changes in the conditions underlying
 3652  the approval of the master plan have occurred, that the master
 3653  plan was based on substantially inaccurate information provided
 3654  by the applicant, or that change is clearly established to be
 3655  essential to the public health, safety, or welfare. Review of
 3656  the application for master development approval shall be at a
 3657  level of detail appropriate for the long-term and conceptual
 3658  nature of the long-term master plan and, to the maximum extent
 3659  possible, may only consider information provided in the
 3660  application for a long-term master plan. Notwithstanding s.
 3661  380.06, an increment of development in such an approved master
 3662  development plan must be approved by a detailed specific area
 3663  plan pursuant to paragraph (3)(b) and is exempt from review
 3664  pursuant to s. 380.06.
 3665         (12) Notwithstanding s. 380.06, this part, or any planning
 3666  agreement or plan policy, a landowner or developer who has
 3667  received approval of a master development-of-regional-impact
 3668  development order pursuant to s. 380.06(9) s. 380.06(21) may
 3669  apply to implement this order by filing one or more applications
 3670  to approve a detailed specific area plan pursuant to paragraph
 3671  (3)(b).
 3672         Section 9. Subsections (11), (12), and (14) of section
 3673  163.3246, Florida Statutes, are amended to read:
 3674         163.3246 Local government comprehensive planning
 3675  certification program.—
 3676         (11) If the local government of an area described in
 3677  subsection (10) does not request that the state land planning
 3678  agency review the developments of regional impact that are
 3679  proposed within the certified area, an application for approval
 3680  of a development order within the certified area is shall be
 3681  exempt from review under s. 380.06.
 3682         (12) A local government’s certification shall be reviewed
 3683  by the local government and the state land planning agency as
 3684  part of the evaluation and appraisal process pursuant to s.
 3685  163.3191. Within 1 year after the deadline for the local
 3686  government to update its comprehensive plan based on the
 3687  evaluation and appraisal, the state land planning agency must
 3688  shall renew or revoke the certification. The local government’s
 3689  failure to timely adopt necessary amendments to update its
 3690  comprehensive plan based on an evaluation and appraisal, which
 3691  are found to be in compliance by the state land planning agency,
 3692  is shall be cause for revoking the certification agreement. The
 3693  state land planning agency’s decision to renew or revoke is
 3694  shall be considered agency action subject to challenge under s.
 3695  120.569.
 3696         (14) It is the intent of the Legislature to encourage the
 3697  creation of connected-city corridors that facilitate the growth
 3698  of high-technology industry and innovation through partnerships
 3699  that support research, marketing, workforce, and
 3700  entrepreneurship. It is the further intent of the Legislature to
 3701  provide for a locally controlled, comprehensive plan amendment
 3702  process for such projects that are designed to achieve a
 3703  cleaner, healthier environment; limit urban sprawl by promoting
 3704  diverse but interconnected communities; provide a range of
 3705  intergenerational housing types; protect wildlife and natural
 3706  areas; assure the efficient use of land and other resources;
 3707  create quality communities of a design that promotes alternative
 3708  transportation networks and travel by multiple transportation
 3709  modes; and enhance the prospects for the creation of jobs. The
 3710  Legislature finds and declares that this state’s connected-city
 3711  corridors require a reduced level of state and regional
 3712  oversight because of their high degree of urbanization and the
 3713  planning capabilities and resources of the local government.
 3714         (a) Notwithstanding subsections (2), (4), (5), (6), and
 3715  (7), Pasco County is named a pilot community and shall be
 3716  considered certified for a period of 10 years for connected-city
 3717  corridor plan amendments. The state land planning agency shall
 3718  provide a written notice of certification to Pasco County by
 3719  July 15, 2015, which shall be considered a final agency action
 3720  subject to challenge under s. 120.569. The notice of
 3721  certification must include:
 3722         1. The boundary of the connected-city corridor
 3723  certification area; and
 3724         2. A requirement that Pasco County submit an annual or
 3725  biennial monitoring report to the state land planning agency
 3726  according to the schedule provided in the written notice. The
 3727  monitoring report must, at a minimum, include the number of
 3728  amendments to the comprehensive plan adopted by Pasco County,
 3729  the number of plan amendments challenged by an affected person,
 3730  and the disposition of such challenges.
 3731         (b) A plan amendment adopted under this subsection may be
 3732  based upon a planning period longer than the generally
 3733  applicable planning period of the Pasco County local
 3734  comprehensive plan, must specify the projected population within
 3735  the planning area during the chosen planning period, may include
 3736  a phasing or staging schedule that allocates a portion of Pasco
 3737  County’s future growth to the planning area through the planning
 3738  period, and may designate a priority zone or subarea within the
 3739  connected-city corridor for initial implementation of the plan.
 3740  A plan amendment adopted under this subsection is not required
 3741  to demonstrate need based upon projected population growth or on
 3742  any other basis.
 3743         (c) If Pasco County adopts a long-term transportation
 3744  network plan and financial feasibility plan, and subject to
 3745  compliance with the requirements of such a plan, the projects
 3746  within the connected-city corridor are deemed to have satisfied
 3747  all concurrency and other state agency or local government
 3748  transportation mitigation requirements except for site-specific
 3749  access management requirements.
 3750         (d) If Pasco County does not request that the state land
 3751  planning agency review the developments of regional impact that
 3752  are proposed within the certified area, an application for
 3753  approval of a development order within the certified area is
 3754  exempt from review under s. 380.06.
 3755         (e) The Office of Program Policy Analysis and Government
 3756  Accountability (OPPAGA) shall submit to the Governor, the
 3757  President of the Senate, and the Speaker of the House of
 3758  Representatives by December 1, 2024, a report and
 3759  recommendations for implementing a statewide program that
 3760  addresses the legislative findings in this subsection. In
 3761  consultation with the state land planning agency, OPPAGA shall
 3762  develop the report and recommendations with input from other
 3763  state and regional agencies, local governments, and interest
 3764  groups. OPPAGA shall also solicit citizen input in the
 3765  potentially affected areas and consult with the affected local
 3766  government and stakeholder groups. Additionally, OPPAGA shall
 3767  review local and state actions and correspondence relating to
 3768  the pilot program to identify issues of process and substance in
 3769  recommending changes to the pilot program. At a minimum, the
 3770  report and recommendations must include:
 3771         1. Identification of local governments other than the local
 3772  government participating in the pilot program which should be
 3773  certified. The report may also recommend that a local government
 3774  is no longer appropriate for certification; and
 3775         2. Changes to the certification pilot program.
 3776         Section 10. Subsection (4) of section 189.08, Florida
 3777  Statutes, is amended to read:
 3778         189.08 Special district public facilities report.—
 3779         (4) Those special districts building, improving, or
 3780  expanding public facilities addressed by a development order
 3781  issued to the developer pursuant to s. 380.06 may use the most
 3782  recent local government annual report required by s. 380.06(6)
 3783  s. 380.06(15) and (18) and submitted by the developer, to the
 3784  extent the annual report provides the information required by
 3785  subsection (2).
 3786         Section 11. Subsection (2) of section 190.005, Florida
 3787  Statutes, is amended to read:
 3788         190.005 Establishment of district.—
 3789         (2) The exclusive and uniform method for the establishment
 3790  of a community development district of less than 2,500 acres in
 3791  size or a community development district of up to 7,000 acres in
 3792  size located within a connected-city corridor established
 3793  pursuant to s. 163.3246(13) s. 163.3246(14) shall be pursuant to
 3794  an ordinance adopted by the county commission of the county
 3795  having jurisdiction over the majority of land in the area in
 3796  which the district is to be located granting a petition for the
 3797  establishment of a community development district as follows:
 3798         (a) A petition for the establishment of a community
 3799  development district shall be filed by the petitioner with the
 3800  county commission. The petition shall contain the same
 3801  information as required in paragraph (1)(a).
 3802         (b) A public hearing on the petition shall be conducted by
 3803  the county commission in accordance with the requirements and
 3804  procedures of paragraph (1)(d).
 3805         (c) The county commission shall consider the record of the
 3806  public hearing and the factors set forth in paragraph (1)(e) in
 3807  making its determination to grant or deny a petition for the
 3808  establishment of a community development district.
 3809         (d) The county commission may shall not adopt any ordinance
 3810  which would expand, modify, or delete any provision of the
 3811  uniform community development district charter as set forth in
 3812  ss. 190.006-190.041. An ordinance establishing a community
 3813  development district shall only include the matters provided for
 3814  in paragraph (1)(f) unless the commission consents to any of the
 3815  optional powers under s. 190.012(2) at the request of the
 3816  petitioner.
 3817         (e) If all of the land in the area for the proposed
 3818  district is within the territorial jurisdiction of a municipal
 3819  corporation, then the petition requesting establishment of a
 3820  community development district under this act shall be filed by
 3821  the petitioner with that particular municipal corporation. In
 3822  such event, the duties of the county, hereinabove described, in
 3823  action upon the petition shall be the duties of the municipal
 3824  corporation. If any of the land area of a proposed district is
 3825  within the land area of a municipality, the county commission
 3826  may not create the district without municipal approval. If all
 3827  of the land in the area for the proposed district, even if less
 3828  than 2,500 acres, is within the territorial jurisdiction of two
 3829  or more municipalities or two or more counties, except for
 3830  proposed districts within a connected-city corridor established
 3831  pursuant to s. 163.3246(13) s. 163.3246(14), the petition shall
 3832  be filed with the Florida Land and Water Adjudicatory Commission
 3833  and proceed in accordance with subsection (1).
 3834         (f) Notwithstanding any other provision of this subsection,
 3835  within 90 days after a petition for the establishment of a
 3836  community development district has been filed pursuant to this
 3837  subsection, the governing body of the county or municipal
 3838  corporation may transfer the petition to the Florida Land and
 3839  Water Adjudicatory Commission, which shall make the
 3840  determination to grant or deny the petition as provided in
 3841  subsection (1). A county or municipal corporation shall have no
 3842  right or power to grant or deny a petition that has been
 3843  transferred to the Florida Land and Water Adjudicatory
 3844  Commission.
 3845         Section 12. Paragraph (g) of subsection (1) of section
 3846  190.012, Florida Statutes, is amended to read:
 3847         190.012 Special powers; public improvements and community
 3848  facilities.—The district shall have, and the board may exercise,
 3849  subject to the regulatory jurisdiction and permitting authority
 3850  of all applicable governmental bodies, agencies, and special
 3851  districts having authority with respect to any area included
 3852  therein, any or all of the following special powers relating to
 3853  public improvements and community facilities authorized by this
 3854  act:
 3855         (1) To finance, fund, plan, establish, acquire, construct
 3856  or reconstruct, enlarge or extend, equip, operate, and maintain
 3857  systems, facilities, and basic infrastructures for the
 3858  following:
 3859         (g) Any other project within or without the boundaries of a
 3860  district when a local government issued a development order
 3861  pursuant to s. 380.06 or s. 380.061 approving or expressly
 3862  requiring the construction or funding of the project by the
 3863  district, or when the project is the subject of an agreement
 3864  between the district and a governmental entity and is consistent
 3865  with the local government comprehensive plan of the local
 3866  government within which the project is to be located.
 3867         Section 13. Paragraph (a) of subsection (1) of section
 3868  252.363, Florida Statutes, is amended to read:
 3869         252.363 Tolling and extension of permits and other
 3870  authorizations.—
 3871         (1)(a) The declaration of a state of emergency by the
 3872  Governor tolls the period remaining to exercise the rights under
 3873  a permit or other authorization for the duration of the
 3874  emergency declaration. Further, the emergency declaration
 3875  extends the period remaining to exercise the rights under a
 3876  permit or other authorization for 6 months in addition to the
 3877  tolled period. This paragraph applies to the following:
 3878         1. The expiration of a development order issued by a local
 3879  government.
 3880         2. The expiration of a building permit.
 3881         3. The expiration of a permit issued by the Department of
 3882  Environmental Protection or a water management district pursuant
 3883  to part IV of chapter 373.
 3884         4. The buildout date of a development of regional impact,
 3885  including any extension of a buildout date that was previously
 3886  granted as specified in s. 380.06(7)(c) pursuant to s.
 3887  380.06(19)(c).
 3888         Section 14. Subsection (4) of section 369.303, Florida
 3889  Statutes, is amended to read:
 3890         369.303 Definitions.—As used in this part:
 3891         (4) “Development of regional impact” means a development
 3892  that which is subject to the review procedures established by s.
 3893  380.06 or s. 380.065, and s. 380.07.
 3894         Section 15. Subsection (1) of section 369.307, Florida
 3895  Statutes, is amended to read:
 3896         369.307 Developments of regional impact in the Wekiva River
 3897  Protection Area; land acquisition.—
 3898         (1) Notwithstanding s. 380.06(4) the provisions of s.
 3899  380.06(15), the counties shall consider and issue the
 3900  development permits applicable to a proposed development of
 3901  regional impact which is located partially or wholly within the
 3902  Wekiva River Protection Area at the same time as the development
 3903  order approving, approving with conditions, or denying a
 3904  development of regional impact.
 3905         Section 16. Subsection (8) of section 373.236, Florida
 3906  Statutes, is amended to read:
 3907         373.236 Duration of permits; compliance reports.—
 3908         (8) A water management district may issue a permit to an
 3909  applicant, as set forth in s. 163.3245(13), for the same period
 3910  of time as the applicant’s approved master development order if
 3911  the master development order was issued under s. 380.06(9) s.
 3912  380.06(21) by a county which, at the time the order was issued,
 3913  was designated as a rural area of opportunity under s. 288.0656,
 3914  was not located in an area encompassed by a regional water
 3915  supply plan as set forth in s. 373.709(1), and was not located
 3916  within the basin management action plan of a first magnitude
 3917  spring. In reviewing the permit application and determining the
 3918  permit duration, the water management district shall apply s.
 3919  163.3245(4)(b).
 3920         Section 17. Subsection (13) of section 373.414, Florida
 3921  Statutes, is amended to read:
 3922         373.414 Additional criteria for activities in surface
 3923  waters and wetlands.—
 3924         (13) Any declaratory statement issued by the department
 3925  under s. 403.914, 1984 Supplement to the Florida Statutes 1983,
 3926  as amended, or pursuant to rules adopted thereunder, or by a
 3927  water management district under s. 373.421, in response to a
 3928  petition filed on or before June 1, 1994, shall continue to be
 3929  valid for the duration of such declaratory statement. Any such
 3930  petition pending on June 1, 1994, shall be exempt from the
 3931  methodology ratified in s. 373.4211, but the rules of the
 3932  department or the relevant water management district, as
 3933  applicable, in effect prior to the effective date of s.
 3934  373.4211, shall apply. Until May 1, 1998, activities within the
 3935  boundaries of an area subject to a petition pending on June 1,
 3936  1994, and prior to final agency action on such petition, shall
 3937  be reviewed under the rules adopted pursuant to ss. 403.91
 3938  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3939  amended, and this part, in existence prior to the effective date
 3940  of the rules adopted under subsection (9), unless the applicant
 3941  elects to have such activities reviewed under the rules adopted
 3942  under this part, as amended in accordance with subsection (9).
 3943  In the event that a jurisdictional declaratory statement
 3944  pursuant to the vegetative index in effect prior to the
 3945  effective date of chapter 84-79, Laws of Florida, has been
 3946  obtained and is valid prior to the effective date of the rules
 3947  adopted under subsection (9) or July 1, 1994, whichever is
 3948  later, and the affected lands are part of a project for which a
 3949  master development order has been issued pursuant to s.
 3950  380.06(9) s. 380.06(21), the declaratory statement shall remain
 3951  valid for the duration of the buildout period of the project.
 3952  Any jurisdictional determination validated by the department
 3953  pursuant to rule 17-301.400(8), Florida Administrative Code, as
 3954  it existed in rule 17-4.022, Florida Administrative Code, on
 3955  April 1, 1985, shall remain in effect for a period of 5 years
 3956  following the effective date of this act if proof of such
 3957  validation is submitted to the department prior to January 1,
 3958  1995. In the event that a jurisdictional determination has been
 3959  revalidated by the department pursuant to this subsection and
 3960  the affected lands are part of a project for which a development
 3961  order has been issued pursuant to s. 380.06(4) s. 380.06(15), a
 3962  final development order to which s. 163.3167(5) applies has been
 3963  issued, or a vested rights determination has been issued
 3964  pursuant to s. 380.06(8) s. 380.06(20), the jurisdictional
 3965  determination shall remain valid until the completion of the
 3966  project, provided proof of such validation and documentation
 3967  establishing that the project meets the requirements of this
 3968  sentence are submitted to the department prior to January 1,
 3969  1995. Activities proposed within the boundaries of a valid
 3970  declaratory statement issued pursuant to a petition submitted to
 3971  either the department or the relevant water management district
 3972  on or before June 1, 1994, or a revalidated jurisdictional
 3973  determination, prior to its expiration shall continue thereafter
 3974  to be exempt from the methodology ratified in s. 373.4211 and to
 3975  be reviewed under the rules adopted pursuant to ss. 403.91
 3976  403.929, 1984 Supplement to the Florida Statutes 1983, as
 3977  amended, and this part, in existence prior to the effective date
 3978  of the rules adopted under subsection (9), unless the applicant
 3979  elects to have such activities reviewed under the rules adopted
 3980  under this part, as amended in accordance with subsection (9).
 3981         Section 18. Subsection (5) of section 378.601, Florida
 3982  Statutes, is amended to read:
 3983         378.601 Heavy minerals.—
 3984         (5) Any heavy mineral mining operation which annually mines
 3985  less than 500 acres and whose proposed consumption of water is 3
 3986  million gallons per day or less may shall not be subject
 3987  required to undergo development of regional impact review
 3988  pursuant to s. 380.06, provided permits and plan approvals
 3989  pursuant to either this section and part IV of chapter 373, or
 3990  s. 378.901, are issued.
 3991         Section 19. Section 380.065, Florida Statutes, is repealed.
 3992         Section 20. Paragraph (a) of subsection (2) of section
 3993  380.11, Florida Statutes, is amended to read:
 3994         380.11 Enforcement; procedures; remedies.—
 3995         (2) ADMINISTRATIVE REMEDIES.—
 3996         (a) If the state land planning agency has reason to believe
 3997  a violation of this part or any rule, development order, or
 3998  other order issued hereunder or of any agreement entered into
 3999  under s. 380.032(3) or s. 380.06(8) has occurred or is about to
 4000  occur, it may institute an administrative proceeding pursuant to
 4001  this section to prevent, abate, or control the conditions or
 4002  activity creating the violation.
 4003         Section 21. Paragraph (b) of subsection (2) of section
 4004  403.524, Florida Statutes, is amended to read:
 4005         403.524 Applicability; certification; exemptions.—
 4006         (2) Except as provided in subsection (1), construction of a
 4007  transmission line may not be undertaken without first obtaining
 4008  certification under this act, but this act does not apply to:
 4009         (b) Transmission lines that have been exempted by a binding
 4010  letter of interpretation issued under s. 380.06(3) s. 380.06(4),
 4011  or in which the Department of Economic Opportunity or its
 4012  predecessor agency has determined the utility to have vested
 4013  development rights within the meaning of s. 380.05(18) or s.
 4014  380.06(8) s. 380.06(20).
 4015         Section 22. (1)The rules adopted by the state land
 4016  planning agency to ensure uniform review of developments of
 4017  regional impact by the state land planning agency and regional
 4018  planning agencies and codified in chapter 73C-40, Florida
 4019  Administrative Code, are repealed.
 4020         (2)The rules adopted by the Administration Commission, as
 4021  defined in s. 380.031, Florida Statutes, regarding whether two
 4022  or more developments, represented by their owners or developers
 4023  to be separate developments, shall be aggregated and treated as
 4024  a single development under chapter 380, Florida Statutes, are
 4025  repealed.
 4026         Section 23. The Division of Law Revision and Information is
 4027  directed to replace the phrase “the effective date of this act”
 4028  where it occurs in this act with the date this act takes effect.
 4029         Section 24. This act shall take effect upon becoming a law.