CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                .
                                   .
  2                                .
                                   .
  3                                .
                                   .
  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Henriquez offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (c) is added to subsection (4) of

18  section 163.3180, Florida Statutes, to read:

19         163.3180  Concurrency.--

20         (4)

21         (c)  The concurrency requirement, except as it relates

22  to transportation facilities, as implemented in local

23  government comprehensive plans may be waived by a local

24  government for urban infill and redevelopment areas designated

25  pursuant to s. 163.2517 if such a waiver does not endanger

26  public health or safety as defined by the local government in

27  its local government comprehensive plan.  The waiver shall be

28  adopted as a plan amendment pursuant to the process set forth

29  in s. 163.3187(3)(a).  A local government may grant a

30  concurrency exception pursuant to subsection (5) for

31  transportation facilities located within these urban infill

                                  1

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  and redevelopment areas.

  2         Section 2.  Paragraph (a) of subsection (1),

  3  subsections (3), (4), (6), (7), (8), and (15), and paragraph

  4  (d) of subsection (16) of section 163.3184, Florida Statutes,

  5  are amended to read:

  6         163.3184  Process for adoption of comprehensive plan or

  7  plan amendment.--

  8         (1)  DEFINITIONS.--As used in this section, the term:

  9         (a)  "Affected person" includes the affected local

10  government; persons owning property, residing, or owning or

11  operating a business within the boundaries of the local

12  government whose plan is the subject of the review; owners of

13  real property abutting real property that is the subject of a

14  proposed change to a future land use map; and adjoining local

15  governments that can demonstrate that the plan or plan

16  amendment will produce substantial impacts on the increased

17  need for publicly funded infrastructure or substantial impacts

18  on areas designated for protection or special treatment within

19  their jurisdiction. Each person, other than an adjoining local

20  government, in order to qualify under this definition, shall

21  also have submitted oral or written comments, recommendations,

22  or objections to the local government during the period of

23  time beginning with the transmittal hearing for the plan or

24  plan amendment and ending with the adoption of the plan or

25  plan amendment.

26         (3)  LOCAL GOVERNMENT TRANSMITTAL OF PROPOSED PLAN OR

27  AMENDMENT.--

28         (a)  Each local governing body shall transmit the

29  complete proposed comprehensive plan or plan amendment to the

30  state land planning agency, the appropriate regional planning

31  council and water management district, the Department of

                                  2

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  Environmental Protection, the Department of State, and the

  2  Department of Transportation and, in the case of municipal

  3  plans, to the appropriate county and, in the case of county

  4  plans, to the Fish and Wildlife Conservation Commission and

  5  the Department of Agriculture and Consumer Services

  6  immediately following a public hearing pursuant to subsection

  7  (15) as specified in the state land planning agency's

  8  procedural rules. The local governing body shall also transmit

  9  a copy of the complete proposed comprehensive plan or plan

10  amendment to any other unit of local government or government

11  agency in the state that has filed a written request with the

12  governing body for the plan or plan amendment. If the plan or

13  plan amendment includes or relates to a public school

14  facilities element, the local governing body shall submit a

15  copy to the Office of Educational Facilities within the Office

16  of the Commissioner of Education for review and comment. The

17  local government may request a review by the state land

18  planning agency pursuant to subsection (6) at the time of the

19  transmittal of an amendment.

20         (b)  A local governing body shall not transmit portions

21  of a plan or plan amendment unless it has previously provided

22  to all state agencies designated by the state land planning

23  agency a complete copy of its adopted comprehensive plan

24  pursuant to subsection (7) and as specified in the agency's

25  procedural rules. In the case of comprehensive plan

26  amendments, the local governing body shall transmit to the

27  state land planning agency, the appropriate regional planning

28  council and water management district, the Department of

29  Environmental Protection, the Department of State, and the

30  Department of Transportation and, in the case of municipal

31  plans, to the appropriate county and, in the case of county

                                  3

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  plans, to the Fish and Wildlife Conservation Commission and

  2  the Department of Agriculture and Consumer Services the

  3  materials specified in the state land planning agency's

  4  procedural rules and, in cases in which the plan amendment is

  5  a result of an evaluation and appraisal report adopted

  6  pursuant to s. 163.3191, a copy of the evaluation and

  7  appraisal report. Local governing bodies shall consolidate all

  8  proposed plan amendments into a single submission for each of

  9  the two plan amendment adoption dates during the calendar year

10  pursuant to s. 163.3187.

11         (c)  A local government may adopt a proposed plan

12  amendment previously transmitted pursuant to this subsection,

13  unless review is requested or otherwise initiated pursuant to

14  subsection (6).

15         (d)  In cases in which a local government transmits

16  multiple individual amendments that can be clearly and legally

17  separated and distinguished for the purpose of determining

18  whether to review the proposed amendment, and the state land

19  planning agency elects to review several or a portion of the

20  amendments and the local government chooses to immediately

21  adopt the remaining amendments not reviewed, the amendments

22  immediately adopted and any reviewed amendments that the local

23  government subsequently adopts together constitute one

24  amendment cycle in accordance with s. 163.3187(1).

25         (4)  INTERGOVERNMENTAL REVIEW.--The If review of a

26  proposed comprehensive plan amendment is requested or

27  otherwise initiated pursuant to subsection (6), the state land

28  planning agency within 5 working days of determining that such

29  a review will be conducted shall transmit a copy of the

30  proposed plan amendment to various government agencies, as

31  appropriate, for response or comment, including, but not

                                  4

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  limited to, the Department of Environmental Protection, the

  2  Department of Transportation, the water management district,

  3  and the regional planning council, and, in the case of

  4  municipal plans, to the county land planning agency. These

  5  governmental agencies specified in paragraph (3)(a) shall

  6  provide comments to the state land planning agency within 30

  7  days after receipt by the state land planning agency of the

  8  complete proposed plan amendment. The appropriate regional

  9  planning council shall also provide its written comments to

10  the state land planning agency within 30 days after receipt by

11  the state land planning agency of the complete proposed plan

12  amendment and shall specify any objections, recommendations

13  for modifications, and comments of any other regional agencies

14  to which the regional planning council may have referred the

15  proposed plan amendment. Written comments submitted by the

16  public within 30 days after notice of transmittal by the local

17  government of the proposed plan amendment will be considered

18  as if submitted by governmental agencies. All written agency

19  and public comments must be made part of the file maintained

20  under subsection (2).

21         (6)  STATE LAND PLANNING AGENCY REVIEW.--

22         (a)  The state land planning agency shall review a

23  proposed plan amendment upon request of a regional planning

24  council, affected person, or local government transmitting the

25  plan amendment. The request from the regional planning council

26  or affected person must be if the request is received within

27  30 days after transmittal of the proposed plan amendment

28  pursuant to subsection (3).  The agency shall issue a report

29  of its objections, recommendations, and comments regarding the

30  proposed plan amendment.  A regional planning council or

31  affected person requesting a review shall do so by submitting

                                  5

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  a written request to the agency with a notice of the request

  2  to the local government and any other person who has requested

  3  notice.

  4         (b)  The state land planning agency may review any

  5  proposed plan amendment regardless of whether a request for

  6  review has been made, if the agency gives notice to the local

  7  government, and any other person who has requested notice, of

  8  its intention to conduct such a review within 35 30 days after

  9  receipt of transmittal of the complete proposed plan amendment

10  pursuant to subsection (3).

11         (c)  The state land planning agency shall establish by

12  rule a schedule for receipt of comments from the various

13  government agencies, as well as written public comments,

14  pursuant to subsection (4). If the state land planning agency

15  elects to review the amendment or the agency is required to

16  review the amendment as specified in paragraph (a), the agency

17  shall issue a report giving its objections, recommendations,

18  and comments regarding the proposed amendment within 60 days

19  after receipt of the complete proposed amendment by the state

20  land planning agency. The state land planning agency shall

21  have 30 days to review comments from the various government

22  agencies along with a local government's comprehensive plan or

23  plan amendment. During that period, the state land planning

24  agency shall transmit in writing its comments to the local

25  government along with any objections and any recommendations

26  for modifications.  When a federal, state, or regional agency

27  has implemented a permitting program, the state land planning

28  agency shall not require a local government to duplicate or

29  exceed that permitting program in its comprehensive plan or to

30  implement such a permitting program in its land development

31  regulations.  Nothing contained herein shall prohibit the

                                  6

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  state land planning agency in conducting its review of local

  2  plans or plan amendments from making objections,

  3  recommendations, and comments or making compliance

  4  determinations regarding densities and intensities consistent

  5  with the provisions of this part. In preparing its comments,

  6  the state land planning agency shall only base its

  7  considerations on written, and not oral, comments, from any

  8  source.

  9         (d)  The state land planning agency review shall

10  identify all written communications with the agency regarding

11  the proposed plan amendment. If the state land planning agency

12  does not issue such a review, it shall identify in writing to

13  the local government all written communications received 30

14  days after transmittal. The written identification must

15  include a list of all documents received or generated by the

16  agency, which list must be of sufficient specificity to enable

17  the documents to be identified and copies requested, if

18  desired, and the name of the person to be contacted to request

19  copies of any identified document. The list of documents must

20  be made a part of the public records of the state land

21  planning agency.

22         (7)  LOCAL GOVERNMENT REVIEW OF COMMENTS; ADOPTION OF

23  PLAN OR AMENDMENTS AND TRANSMITTAL.--

24         (a)  The local government shall review the written

25  comments submitted to it by the state land planning agency,

26  and any other person, agency, or government.  Any comments,

27  recommendations, or objections and any reply to them shall be

28  public documents, a part of the permanent record in the

29  matter, and admissible in any proceeding in which the

30  comprehensive plan or plan amendment may be at issue.  The

31  local government, upon receipt of written comments from the

                                  7

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  state land planning agency, shall have 120 days to adopt or

  2  adopt with changes the proposed comprehensive plan or s.

  3  163.3191 plan amendments.  In the case of comprehensive plan

  4  amendments other than those proposed pursuant to s. 163.3191,

  5  the local government shall have 60 days to adopt the

  6  amendment, adopt the amendment with changes, or determine that

  7  it will not adopt the amendment. The adoption of the proposed

  8  plan or plan amendment or the determination not to adopt a

  9  plan amendment, other than a plan amendment proposed pursuant

10  to s. 163.3191, shall be made in the course of a public

11  hearing pursuant to subsection (15).  The local government

12  shall transmit the complete adopted comprehensive plan or

13  adopted plan amendment, including the names and addresses of

14  persons compiled pursuant to paragraph (15)(c), to the state

15  land planning agency as specified in the agency's procedural

16  rules within 10 working days after adoption.  The local

17  governing body shall also transmit a copy of the adopted

18  comprehensive plan or plan amendment to the regional planning

19  agency and to any other unit of local government or

20  governmental agency in the state that has filed a written

21  request with the governing body for a copy of the plan or plan

22  amendment.

23         (b)  If the adopted plan amendment is unchanged from

24  the proposed plan amendment transmitted pursuant to subsection

25  (3) and an affected person as defined in paragraph (1)(a) did

26  not raise any objection, the state land planning agency did

27  not review the proposed plan amendment, and the state land

28  planning agency did not raise any objections during its review

29  pursuant to subsection (6), the local government may state in

30  the transmittal letter that the plan amendment is unchanged

31  and was not the subject of objections.

                                  8

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1         (8)  NOTICE OF INTENT.--

  2         (a)  If the transmittal letter correctly states that

  3  the plan amendment is unchanged and was not the subject of

  4  review or objections pursuant to paragraph (7)(b), the state

  5  land planning agency has 20 days after receipt of the

  6  transmittal letter within which to issue a notice of intent

  7  that the plan amendment is in compliance.

  8         (b)(a)  Except as provided in paragraph (a) or in s.

  9  163.3187(3), the state land planning agency, upon receipt of a

10  local government's complete adopted comprehensive plan or plan

11  amendment, shall have 45 days for review and to determine if

12  the plan or plan amendment is in compliance with this act,

13  unless the amendment is the result of a compliance agreement

14  entered into under subsection (16), in which case the time

15  period for review and determination shall be 30 days.  If

16  review was not conducted under subsection (6), the agency's

17  determination must be based upon the plan amendment as

18  adopted.  If review was conducted under subsection (6), the

19  agency's determination of compliance must be based only upon

20  one or both of the following:

21         1.  The state land planning agency's written comments

22  to the local government pursuant to subsection (6); or

23         2.  Any changes made by the local government to the

24  comprehensive plan or plan amendment as adopted.

25         (c)(b)1.  During the time period provided for in this

26  subsection, the state land planning agency shall issue,

27  through a senior administrator or the secretary, as specified

28  in the agency's procedural rules, a notice of intent to find

29  that the plan or plan amendment is in compliance or not in

30  compliance. A notice of intent shall be issued by publication

31  in the manner provided by this paragraph and by mailing a copy

                                  9

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  to the local government and to persons who request notice.

  2  The required advertisement shall be no less than 2 columns

  3  wide by 10 inches long, and the headline in the advertisement

  4  shall be in a type no smaller than 12 point. The advertisement

  5  shall not be placed in that portion of the newspaper where

  6  legal notices and classified advertisements appear.  The

  7  advertisement shall be published in a newspaper which meets

  8  the size and circulation requirements set forth in paragraph

  9  (15)(c) and which has been designated in writing by the

10  affected local government at the time of transmittal of the

11  amendment. Publication by the state land planning agency of a

12  notice of intent in the newspaper designated by the local

13  government shall be prima facie evidence of compliance with

14  the publication requirements of this section.

15         2.  For fiscal year 2001-2002 only, the provisions of

16  this subparagraph shall supersede the provisions of

17  subparagraph 1. During the time period provided for in this

18  subsection, the state land planning agency shall issue,

19  through a senior administrator or the secretary, as specified

20  in the agency's procedural rules, a notice of intent to find

21  that the plan or plan amendment is in compliance or not in

22  compliance. A notice of intent shall be issued by publication

23  in the manner provided by this paragraph and by mailing a copy

24  to the local government. The advertisement shall be placed in

25  that portion of the newspaper where legal notices appear. The

26  advertisement shall be published in a newspaper that meets the

27  size and circulation requirements set forth in paragraph

28  (15)(e)(c) and that has been designated in writing by the

29  affected local government at the time of transmittal of the

30  amendment. Publication by the state land planning agency of a

31  notice of intent in the newspaper designated by the local

                                  10

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  government shall be prima facie evidence of compliance with

  2  the publication requirements of this section. The state land

  3  planning agency shall post a copy of the notice of intent on

  4  the agency's Internet site. The agency shall, no later than

  5  the date the notice of intent is transmitted to the newspaper,

  6  send by regular mail a courtesy informational statement to

  7  persons who provide their names and addresses to the local

  8  government at the transmittal hearing or at the adoption

  9  hearing where the local government has provided the names and

10  addresses of such persons to the department at the time of

11  transmittal of the adopted amendment. The informational

12  statements shall include the name of the newspaper in which

13  the notice of intent will appear, the approximate date of

14  publication, the ordinance number of the plan or plan

15  amendment, and a statement that affected persons have 21 days

16  after the actual date of publication of the notice to file a

17  petition. This subparagraph expires July 1, 2002.

18         2.  A local government that has an Internet site shall

19  post a copy of the state land planning agency's notice of

20  intent on the site within 5 days after receipt of the mailed

21  copy of the agency's notice of intent.

22         (15)  PUBLIC HEARINGS.--

23         (a)  The procedure for transmittal of a complete

24  proposed comprehensive plan or plan amendment pursuant to

25  subsection (3) and for adoption of a comprehensive plan or

26  plan amendment pursuant to subsection (7) shall be by

27  affirmative vote of not less than a majority of the members of

28  the governing body present at the hearing.  The adoption of a

29  comprehensive plan or plan amendment shall be by ordinance.

30  For the purposes of transmitting or adopting a comprehensive

31  plan or plan amendment, the notice requirements in chapters

                                  11

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  125 and 166 are superseded by this subsection, except as

  2  provided in this part.

  3         (b)  The local governing body shall hold at least two

  4  advertised public hearings on the proposed comprehensive plan

  5  or plan amendment as follows:

  6         1.  The first public hearing shall be held at the

  7  transmittal stage pursuant to subsection (3).  It shall be

  8  held on a weekday at least 7 days after the day that the first

  9  advertisement is published.

10         2.  The second public hearing shall be held at the

11  adoption stage pursuant to subsection (7).  It shall be held

12  on a weekday at least 5 days after the day that the second

13  advertisement is published.

14         (c)  The local government shall provide a sign-in form

15  at the transmittal hearing and at the adoption hearing for

16  persons to provide their names and mailing addresses. The

17  sign-in form shall advise that any person providing the

18  requested information will receive a courtesy informational

19  statement concerning publications of the state land planning

20  agency's notice of intent. The local government shall add to

21  the sign-in form the name and address of any person who

22  submits written comments concerning the proposed plan or plan

23  amendment during the time period between the commencement of

24  the transmittal hearing and the end of the adoption hearing.

25  It is the responsibility of the person completing the form or

26  providing written comments to accurately, completely, and

27  legibly provide all information needed in order to receive the

28  courtesy informational statement.

29         (d)  The agency shall provide a model sign-in form for

30  providing the list to the agency that may be used by the local

31  government to satisfy the requirements of this subsection.

                                  12

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1         (e)(c)  If the proposed comprehensive plan or plan

  2  amendment changes the actual list of permitted, conditional,

  3  or prohibited uses within a future land use category or

  4  changes the actual future land use map designation of a parcel

  5  or parcels of land, the required advertisements shall be in

  6  the format prescribed by s. 125.66(4)(b)2. for a county or by

  7  s. 166.041(3)(c)2.b. for a municipality.

  8         (16)  COMPLIANCE AGREEMENTS.--

  9         (d)  A local government may adopt a plan amendment

10  pursuant to a compliance agreement in accordance with the

11  requirements of paragraph (15)(a). The plan amendment shall be

12  exempt from the requirements of subsections (2)-(7).  The

13  local government shall hold a single adoption public hearing

14  pursuant to the requirements of subparagraph (15)(b)2. and

15  paragraph (15)(e)(c). Within 10 working days after adoption of

16  a plan amendment, the local government shall transmit the

17  amendment to the state land planning agency as specified in

18  the agency's procedural rules, and shall submit one copy to

19  the regional planning agency and to any other unit of local

20  government or government agency in the state that has filed a

21  written request with the governing body for a copy of the plan

22  amendment, and one copy to any party to the proceeding under

23  ss. 120.569 and 120.57 granted intervenor status.

24         Section 3.  Paragraph (d) of subsection (2), paragraph

25  (b) of subsection (4), paragraph (a) of subsection (8),

26  paragraph (c) of subsection (15), subsection (18), and

27  paragraphs (c) and (e) of subsection (19) of section 380.06,

28  Florida Statutes, are amended to read:

29         380.06  Developments of regional impact.--

30         (2)  STATEWIDE GUIDELINES AND STANDARDS.--

31         (d)  The guidelines and standards shall be applied as

                                  13

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  follows:

  2         1.  Fixed thresholds.--

  3         a.  A development that is at or below 100 80 percent of

  4  all numerical thresholds in the guidelines and standards shall

  5  not be required to undergo development-of-regional-impact

  6  review.

  7         b.  A development that is at or above 120 percent of

  8  any numerical threshold shall be required to undergo

  9  development-of-regional-impact review.

10         c.  Projects certified under s. 403.973 which create at

11  least 100 jobs and meet the criteria of the Office of Tourism,

12  Trade, and Economic Development as to their impact on an

13  area's economy, employment, and prevailing wage and skill

14  levels that are at or below 100 percent of the numerical

15  thresholds for industrial plants, industrial parks,

16  distribution, warehousing or wholesaling facilities, office

17  development or multiuse projects other than residential, as

18  described in s. 380.0651(3)(c), (d), and (i), are not required

19  to undergo development-of-regional-impact review.

20         2.  Rebuttable presumption presumptions.--

21         a.  It shall be presumed that a development that is

22  between 80 and 100 percent of a numerical threshold shall not

23  be required to undergo development-of-regional-impact review.

24         b.  It shall be presumed that a development that is at

25  100 percent or between 100 and 120 percent of a numerical

26  threshold shall be required to undergo

27  development-of-regional-impact review.

28         (4)  BINDING LETTER.--

29         (b)  Unless a developer waives the requirements of this

30  paragraph by agreeing to undergo

31  development-of-regional-impact review pursuant to this

                                  14

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  section, the state land planning agency or local government

  2  with jurisdiction over the land on which a development is

  3  proposed may require a developer to obtain a binding letter

  4  if:

  5         1.  the development is at a presumptive numerical

  6  threshold or up to 20 percent above a numerical threshold in

  7  the guidelines and standards.; or

  8         2.  The development is between a presumptive numerical

  9  threshold and 20 percent below the numerical threshold and the

10  local government or the state land planning agency is in doubt

11  as to whether the character or magnitude of the development at

12  the proposed location creates a likelihood that the

13  development will have a substantial effect on the health,

14  safety, or welfare of citizens of more than one county.

15         (8)  PRELIMINARY DEVELOPMENT AGREEMENTS.--

16         (a)  A developer may enter into a written preliminary

17  development agreement with the state land planning agency to

18  allow a developer to proceed with a limited amount of the

19  total proposed development, subject to all other governmental

20  approvals and solely at the developer's own risk, prior to

21  issuance of a final development order.  All owners of the land

22  in the total proposed development shall join the developer as

23  parties to the agreement. Each agreement shall include and be

24  subject to the following conditions:

25         1.  The developer shall comply with the preapplication

26  conference requirements pursuant to subsection (7) within 45

27  days after the execution of the agreement.

28         2.  The developer shall file an application for

29  development approval for the total proposed development within

30  3 months after execution of the agreement, unless the state

31  land planning agency agrees to a different time for good cause

                                  15

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  shown. Failure to timely file an application and to otherwise

  2  diligently proceed in good faith to obtain a final development

  3  order shall constitute a breach of the preliminary development

  4  agreement.

  5         3.  The agreement shall include maps and legal

  6  descriptions of both the preliminary development area and the

  7  total proposed development area and shall specifically

  8  describe the preliminary development in terms of magnitude and

  9  location.  The area approved for preliminary development must

10  be included in the application for development approval and

11  shall be subject to the terms and conditions of the final

12  development order.

13         4.  The preliminary development shall be limited to

14  lands that the state land planning agency agrees are suitable

15  for development and shall only be allowed in areas where

16  adequate public infrastructure exists to accommodate the

17  preliminary development, when such development will utilize

18  public infrastructure.  The developer must also demonstrate

19  that the preliminary development will not result in material

20  adverse impacts to existing resources or existing or planned

21  facilities.

22         5.  The preliminary development agreement may allow

23  development which is:

24         a.  Less than or equal to 100 80 percent of any

25  applicable threshold if the developer demonstrates that such

26  development is consistent with subparagraph 4.; or

27         b.  Less than 120 percent of any applicable threshold

28  if the developer demonstrates that such development is part of

29  a proposed downtown development of regional impact specified

30  in subsection (22) or part of any areawide development of

31  regional impact specified in subsection (25) and that the

                                  16

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  development is consistent with subparagraph 4.

  2         6.  The developer and owners of the land may not claim

  3  vested rights, or assert equitable estoppel, arising from the

  4  agreement or any expenditures or actions taken in reliance on

  5  the agreement to continue with the total proposed development

  6  beyond the preliminary development. The agreement shall not

  7  entitle the developer to a final development order approving

  8  the total proposed development or to particular conditions in

  9  a final development order.

10         7.  The agreement shall not prohibit the regional

11  planning agency from reviewing or commenting on any regional

12  issue that the regional agency determines should be included

13  in the regional agency's report on the application for

14  development approval.

15         8.  The agreement shall include a disclosure by the

16  developer and all the owners of the land in the total proposed

17  development of all land or development within 5 miles of the

18  total proposed development in which they have an interest and

19  shall describe such interest.

20         9.  In the event of a breach of the agreement or

21  failure to comply with any condition of the agreement, or if

22  the agreement was based on materially inaccurate information,

23  the state land planning agency may terminate the agreement or

24  file suit to enforce the agreement as provided in this section

25  and s. 380.11, including a suit to enjoin all development.

26         10.  A notice of the preliminary development agreement

27  shall be recorded by the developer in accordance with s.

28  28.222 with the clerk of the circuit court for each county in

29  which land covered by the terms of the agreement is located.

30  The notice shall include a legal description of the land

31  covered by the agreement and shall state the parties to the

                                  17

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  agreement, the date of adoption of the agreement and any

  2  subsequent amendments, the location where the agreement may be

  3  examined, and that the agreement constitutes a land

  4  development regulation applicable to portions of the land

  5  covered by the agreement.  The provisions of the agreement

  6  shall inure to the benefit of and be binding upon successors

  7  and assigns of the parties in the agreement.

  8         11.  Except for those agreements which authorize

  9  preliminary development for substantial deviations pursuant to

10  subsection (19), a developer who no longer wishes to pursue a

11  development of regional impact may propose to abandon any

12  preliminary development agreement executed after January 1,

13  1985, including those pursuant to s. 380.032(3), provided at

14  the time of abandonment:

15         a.  A final development order under this section has

16  been rendered that approves all of the development actually

17  constructed; or

18         b.  The amount of development is less than 100 80

19  percent of all numerical thresholds of the guidelines and

20  standards, and the state land planning agency determines in

21  writing that the development to date is in compliance with all

22  applicable local regulations and the terms and conditions of

23  the preliminary development agreement and otherwise adequately

24  mitigates for the impacts of the development to date.

25

26  In either event, when a developer proposes to abandon said

27  agreement, the developer shall give written notice and state

28  that he or she is no longer proposing a development of

29  regional impact and provide adequate documentation that he or

30  she has met the criteria for abandonment of the agreement to

31  the state land planning agency.  Within 30 days of receipt of

                                  18

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  adequate documentation of such notice, the state land planning

  2  agency shall make its determination as to whether or not the

  3  developer meets the criteria for abandonment.  Once the state

  4  land planning agency determines that the developer meets the

  5  criteria for abandonment, the state land planning agency shall

  6  issue a notice of abandonment which shall be recorded by the

  7  developer in accordance with s. 28.222 with the clerk of the

  8  circuit court for each county in which land covered by the

  9  terms of the agreement is located.

10         (15)  LOCAL GOVERNMENT DEVELOPMENT ORDER.--

11         (c)  The development order shall include findings of

12  fact and conclusions of law consistent with subsections (13)

13  and (14). The development order:

14         1.  Shall specify the monitoring procedures and the

15  local official responsible for assuring compliance by the

16  developer with the development order.

17         2.  Shall establish compliance dates for the

18  development order, including a deadline for commencing

19  physical development and for compliance with conditions of

20  approval or phasing requirements, and shall include a

21  termination date that reasonably reflects the time required to

22  complete the development.

23         3.  Shall establish a date until which the local

24  government agrees that the approved development of regional

25  impact shall not be subject to downzoning, unit density

26  reduction, or intensity reduction, unless the local government

27  can demonstrate that substantial changes in the conditions

28  underlying the approval of the development order have occurred

29  or the development order was based on substantially inaccurate

30  information provided by the developer or that the change is

31  clearly established by local government to be essential to the

                                  19

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  public health, safety, or welfare.

  2         4.  Shall specify the requirements for the biennial

  3  annual report designated under subsection (18), including the

  4  date of submission, parties to whom the report is submitted,

  5  and contents of the report, based upon the rules adopted by

  6  the state land planning agency.  Such rules shall specify the

  7  scope of any additional local requirements that may be

  8  necessary for the report.

  9         5.  May specify the types of changes to the development

10  which shall require submission for a substantial deviation

11  determination under subsection (19).

12         6.  Shall include a legal description of the property.

13         (18)  BIENNIAL ANNUAL REPORTS.--The developer shall

14  submit a biennial an annual report on the development of

15  regional impact to the local government, the regional planning

16  agency, the state land planning agency, and all affected

17  permit agencies in alternate years on the date specified in

18  the development order, unless the development order by its

19  terms requires more frequent monitoring.  If the annual report

20  is not received, the regional planning agency or the state

21  land planning agency shall notify the local government.  If

22  the local government does not receive the annual report or

23  receives notification that the regional planning agency or the

24  state land planning agency has not received the report, the

25  local government shall request in writing that the developer

26  submit the report within 30 days.  The failure to submit the

27  report after 30 days shall result in the temporary suspension

28  of the development order by the local government. If no

29  additional development pursuant to the development order has

30  occurred since the submission of the previous report, then a

31  letter from the developer stating that no development has

                                  20

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  occurred shall satisfy the requirement for a report.

  2  Development orders which require annual reports may be amended

  3  to require biennial reports at the option of the local

  4  government.

  5         (19)  SUBSTANTIAL DEVIATIONS.--

  6         (c)  An extension of the date of buildout of a

  7  development, or any phase thereof, by 7 or more years shall be

  8  presumed to create a substantial deviation subject to further

  9  development-of-regional-impact review.  An extension of the

10  date of buildout, or any phase thereof, of 5 years or more but

11  less than 7 years shall be presumed not to create a

12  substantial deviation. These presumptions may be rebutted by

13  clear and convincing evidence at the public hearing held by

14  the local government.  An extension of less than 7 5 years is

15  not a substantial deviation. For the purpose of calculating

16  when a buildout, phase, or termination date has been exceeded,

17  the time shall be tolled during the pendency of administrative

18  or judicial proceedings relating to development permits.  Any

19  extension of the buildout date of a project or a phase thereof

20  shall automatically extend the commencement date of the

21  project, the termination date of the development order, the

22  expiration date of the development of regional impact, and the

23  phases thereof by a like period of time.

24         (e)1.  A proposed change which, either individually or,

25  if there were previous changes, cumulatively with those

26  changes, is equal to or exceeds 40 percent of any numerical

27  criterion in subparagraphs (b)1.-15., but which does not

28  exceed such criterion, shall be presumed not to create a

29  substantial deviation subject to further

30  development-of-regional-impact review.  The presumption may be

31  rebutted by clear and convincing evidence at the public

                                  21

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  hearing held by the local government pursuant to subparagraph

  2  (f)5.

  3         2.  Except for a development order rendered pursuant to

  4  subsection (22) or subsection (25), a proposed change to a

  5  development order that individually or cumulatively with any

  6  previous change is less than 40 percent of any numerical

  7  criterion contained in subparagraphs (b)1.-15. and does not

  8  exceed any other criterion is not a substantial deviation, or

  9  that involves an extension of the buildout date of a

10  development, or any phase thereof, of less than 5 years is not

11  subject to the public hearing requirements of subparagraph

12  (f)3., and is not subject to a determination pursuant to

13  subparagraph (f)5.  Notice of the proposed change shall be

14  made to the regional planning council and the state land

15  planning agency. Such notice shall include a description of

16  previous individual changes made to the development, including

17  changes previously approved by the local government, and shall

18  include appropriate amendments to the development order. The

19  following changes, individually or cumulatively with any

20  previous changes, are not substantial deviations:

21         a.  Changes in the name of the project, developer,

22  owner, or monitoring official.

23         b.  Changes to a setback that do not affect noise

24  buffers, environmental protection or mitigation areas, or

25  archaeological or historical resources.

26         c.  Changes to minimum lot sizes.

27         d.  Changes in the configuration of internal roads that

28  do not affect external access points.

29         e.  Changes to the building design or orientation that

30  stay approximately within the approved area designated for

31  such building and parking lot, and which do not affect

                                  22

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  historical buildings designated as significant by the Division

  2  of Historical Resources of the Department of State.

  3         f.  Changes to increase the acreage in the development,

  4  provided that no development is proposed on the acreage to be

  5  added.

  6         g.  Changes to eliminate an approved land use, provided

  7  that there are no additional regional impacts.

  8         h.  Changes required to conform to permits approved by

  9  any federal, state, or regional permitting agency, provided

10  that these changes do not create additional regional impacts.

11         i.  Any other change which the state land planning

12  agency agrees in writing is similar in nature, impact, or

13  character to the changes enumerated in sub-subparagraphs a.-h.

14  and which does not create the likelihood of any additional

15  regional impact.

16

17  This subsection does not require a development order amendment

18  for any change listed in sub-subparagraphs a.-i. unless such

19  issue is addressed either in the existing development order or

20  in the application for development approval, but, in the case

21  of the application, only if, and in the manner in which, the

22  application is incorporated in the development order.

23         3.  Except for the change authorized by

24  sub-subparagraph 2.f., any addition of land not previously

25  reviewed or any change not specified in paragraph (b) or

26  paragraph (c) shall be presumed to create a substantial

27  deviation.  This presumption may be rebutted by clear and

28  convincing evidence.

29         4.  Any submittal of a proposed change to a previously

30  approved development shall include a description of individual

31  changes previously made to the development, including changes

                                  23

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  previously approved by the local government.  The local

  2  government shall consider the previous and current proposed

  3  changes in deciding whether such changes cumulatively

  4  constitute a substantial deviation requiring further

  5  development-of-regional-impact review.

  6         5.  The following changes to an approved development of

  7  regional impact shall be presumed to create a substantial

  8  deviation.  Such presumption may be rebutted by clear and

  9  convincing evidence.

10         a.  A change proposed for 15 percent or more of the

11  acreage to a land use not previously approved in the

12  development order.  Changes of less than 15 percent shall be

13  presumed not to create a substantial deviation.

14         b.  Except for the types of uses listed in subparagraph

15  (b)16., any change which would result in the development of

16  any area which was specifically set aside in the application

17  for development approval or in the development order for

18  preservation, buffers, or special protection, including

19  habitat for plant and animal species, archaeological and

20  historical sites, dunes, and other special areas.

21         c.  Notwithstanding any provision of paragraph (b) to

22  the contrary, a proposed change consisting of simultaneous

23  increases and decreases of at least two of the uses within an

24  authorized multiuse development of regional impact which was

25  originally approved with three or more uses specified in s.

26  380.0651(3)(c), (d), (f), and (g) and residential use.

27         Section 4.  This act shall take effect upon becoming a

28  law.

29

30

31

                                  24

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441




                                                   HOUSE AMENDMENT

    716-137AX-22                               Bill No. CS/HB 1535

    Amendment No. ___ (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3  remove:  the entire title

  4

  5  and insert:

  6                      A bill to be entitled

  7         An act relating to growth management; amending

  8         s. 163.3180, F.S.; providing for the waiver of

  9         concurrency requirements; amending s. 163.3184,

10         F.S.; revising definitions; revising provisions

11         governing the process for adopting

12         comprehensive plans and plan amendments;

13         amending s. 380.06, F.S., relating to

14         developments of regional impact; removing a

15         rebuttable presumption with respect to

16         application of the statewide guidelines and

17         standards and revising the fixed thresholds;

18         providing for submission of biennial, rather

19         than annual, reports by the developer;

20         authorizing submission of a letter, rather than

21         a report, under certain circumstances;

22         providing for amendment of development orders

23         with respect to report frequency; providing

24         that an extension of the date of buildout of

25         less than 7 years is not a substantial

26         deviation; providing an effective date.

27

28

29

30

31

                                  25

    File original & 9 copies    03/13/02
    hbd0016                     09:36 pm         01535-0058-161441